Court : Rajasthan
Reported in : 2006CriLJ4527; RLW2007(1)Raj330
..... december, 1962, the husband sought a divorce on the ground of his wife's adultery. during the pendency of the application section 1 of the matrimonial causes act, 1963 came into force on july 31,1963 which provides that any presumption of condonation which arises from the continuance or resumption of marital intercourse may be rebutted ..... accused-appellants by invoking section 113-a of the indian evidence act. learned counsel for the appellants has further argued that p.w. 7 avtar singh has wrongly stated that there were signs of fire in the room of ..... force w.e.f. 26th december, 1983 whereas the incident had taken place on 27th november, 2003 prior to insertion of the said provisions in the indian evidence act. he therefore argued that the trial court was not justified in recording a finding regarding presumption as to abetment of suicide committed by deceased-mst. sua against the .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2006(3)Raj2424; 2006(4)WLC515
..... council established under section 28 offor education and training; the indira gandhi national open unive-4. to carry out teaching and research rsity act, 1985 (central act no.50 ofand offer continuing education pro- 1985);grammes; (d) 'distance education' means5. to create centres of excellence for education ..... council 'ofsection 3 the object of the university technical education established undershall be- all india council of technical education1. to provide instructions, teaching and act, 1987 (central act no. 52 of 1987);training in higher education and make (b) 'csir' means the council ofprovisions for research, advancement scientific and industrial research ..... in the said case, prof. yashpal, an eminent scientist and former chairman, ugc, had challenged the constitutional validity of the chhatisgarh act. the said act provided for the establishment of self-financed private universities-for imparting higher education and to regulate their functions and for matters connected therewith .....
Tag this Judgment!Court : Rajasthan
Reported in : 2006CriLJ3585; RLW2006(3)Raj2459; 2006(4)WLC425
..... basis of statement under section 67 of the ndps act cannot be sustained.53. learned counsel appearing for the union of india, controverting the contention raised by the counsel for the appellant submitted that this controversy ..... named above, adverse inference cannot be drawn.52. lastly, it was contended by learned counsel for the appellant that the statement under section 67 of the ndps act cannot be said to be a confessional statement but at the most it may be an extra-judicial confessional statement and therefore, the conviction on the ..... though its compliance if not mandatory. in the circumstances, therefore, the contention of learned counsel for the appellant regarding non-compliance of section 57 of the ndps act cannot be accepted.34. learned counsel for the appellant further contended that panch witnesses (motbirs) did not support the case of the complainant and have turned hostile .....
Tag this Judgment!Court : Rajasthan
Reported in : II(2006)DMC300; RLW2006(3)Raj2115; 2006(2)WLC743
..... that firstly the burden lies on the prosecution to prove the husband's guilt beyond reasonable doubt before assuming presumption against him under section 113-b of the evidence act.9. learned public prosecutor, on the other hand, contended that the learned trial court has considered the oral and documentary evidence and rightly convicted and sentenced the ..... bring it within the purview of 'death occurring otherwise than in normal circumstances'. the expression 'soon before' is very relevant where section 113-b of the evidence act and section 304-b ipc are pressed into service. the prosecution is obliged to show that soon before the occurrence there was cruelty or harassment and only in ..... has been indicated and the expression 'soon before' is not defined. a reference to the expression 'soon before' used in section 114 illustration (a) of the evidence act is relevant. it lays down that a court may presume that a man who is in the possession of goods 'soon after the theft is either the thief or .....
Tag this Judgment!Court : Rajasthan
Reported in : 2(2006)DMC534
..... clause of section 107, ipc and not clause secondly and thirdly. in paras 14 and 15 it has been held as under:14. it is beyond doubt that seema did commit suicide. undisputedly, such suicide has been committed within a year of the date of marriage. what happened on the date of occurrence is very material for ..... the evidence their lordships in paras 20 and 21 have held as under:20. instigation is to goad, urge forward, provoke, incite or encourage to do 'an act'. to satisfy the requirement of instigation though it is not necessary that actual words must be used to that effect or what constitutes instigation must necessarily and specifically be suggestive ..... by the appellants. as their lordships in ramesh kumar's case (supra) in paras 20 and 21 have laid down the exception where the accused persons by their acts, omissions and commissions and by continued course of conduct created such circumstances that deceased is left with no other option except to commit suicide. a case of instigation may .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2006(2)Raj914; 2006WLC(Raj)UC436
..... of divorcee. on such remarriage that status of divorcee comes to an end and she acquires another marital status as someone's spouse. under the hindu adoption and maintenance act as well as under section 125 cr.p.c. wife includes a divorcee. therefore, when the wife remarriage, her claim of maintenance primarily comes to stand against her ..... mrs. beatrice honor agatha goodall air 1938 bombay 12110. we have given our careful consideration to the rival contentions. the scheme of section 25 of the hindu marriage act, 1955 suggests that there is no room for recovery of any periodical sum paid under order passed under section 25. the power to vary, modify or rescind an ..... only be in respect of liability that becomes due in future.8. learned counsel for the petitioner urges that sub-section 3 of section 25 of the hindu marriage act, 1955 does not make any distinction between permanent alimony and decree of periodical maintenance. the power of the court to amend, vary, modify or cancel the order .....
Tag this Judgment!Court : Rajasthan
Reported in : II(2006)ACC390
..... to the appellant.3. initially, the claimants mahaveer and smt. sheela, parents of deceased sandeep jain filed an application for compensation under sections 166 and 140 of the motor vehicles act, 1988 before the motor accident claims tribunal, bundi a in respect of death of sandeep jain in an accident, which took place on 24.5.1990 arising out of use .....
Tag this Judgment!Court : Rajasthan
Reported in : I(2006)ACC322
..... hon'ble court while dealing the matter on the point of interest has observed:now, we have to fix up the rate of interest. section 171 of the m.v. act empowers the tribunal to direct that 'in addition to the amount of compensation simple interest shall also be paid at such rate and from such date nor earlier than the ..... satya prakash pathak, j.1. these two misc. appeals under section 173, motor vehicles act, 1988, for enhancement of award have been filed against one and the same award dated 16.3.1993 passed by motor accident claims tribunal, jaipur, in mac case nos. 812/ .....
Tag this Judgment!Court : Rajasthan
Reported in : 2007ACJ60
..... high court in case of new india assurance co. ltd. v. babasaheb anna mali : air2002bom27 . however, with introduction of section 147(1)(b)(i) of the motor vehicles act, 1988, the high courts are firmly of the view that under the said section the insurance company would be liable to indemnify the owner of the vehicle which was insured ..... also been expressed by the hon'ble karnataka high court in case of oriental insurance co. ltd. v. minaxi 2000 acj 385 (karnataka). noticing the change in new motor vehicles act, a similar view has also been held by the hon'ble kerala high court in case of united india insurance co. ltd. v. appukuttan .10. in the present case ..... liability of the insurance company is a limited one. however, such is not the case in this appeal. on the date of the accident, the new act was already in force. under the said act, the liability of the insurance company is unlimited. hence, the contention of the learned counsel is without merit.13. on the factual matrix, the case .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2005(4)Raj2863; 2006(1)WLC40
..... been expressed by the hon'ble karnataka high court in case of oriental insurance company limited v. minaxi (air 2000 karnataka 73). noticing the change in the new motor vehicles act, a similar view has also been held by the hon'ble kerala high court in case of united india insurance co. ltd. v. appukuttan .10. in the present case, ..... of new india assurance co. ltd. v. babasaheb anna mali and ors. (2002(1) tac 47 (bom.) however with introduction of section 147(1)(b)(i) of the motor vehicles act, 1988, the high courts are firmly of the view that under the said section the insurance company would be liable to indemnify the owner of the vehicle which was insured ..... liability of the insurance company is a limited one. however, such is not the case in this appeal. on the date of the accident, the new act was already in force. under the said act, the liability of the insurance company is unlimited. hence the contention of the learned counsel is without merit.13. on the factual matrix, the case of .....
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