Court : Rajasthan
Reported in : 2(2006)DMC568
..... ipc. it is not always necessary that there be any agreement for dowry. 38. from a careful reading or section 304b, ipc read with section 113b of the indian evidence act and the observations made by the hon'ble apex court, it appears that the necessary ingredients which are required to be proved by the prosecution in relation to section 304b ..... the manner and requirement of dowry related harassment. but, in section 304b of the indian penal code it appears that in view of section 113b of the indian evidence act, when a question is raised as to whether a woman was subject to dowry death and the prosecution case is that soon before her death such woman had been subjected ..... .32. before examining the contentions, it is to be seen as to what are the requirements of section 304b of the ipc as well as section 113b of the evidence act to raise presumption in such matters. for the sake of convenience, the sections are reproduced hereunder:304b. dowry death-(1) where the death of a women is caused by .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2006(4)Raj2995
..... she is owner of the property and issue of title has not been decided, she can prove the title in regular suit and not in the suit under rent control act. therefore also, there arises no reason for setting aside the orders passed by the courts below on the application filed by the defendant.15. the appellant submitted an application ..... be set aside, the natural consequences will follow and by these consequences, one will have to vacate the premises.14. this is a case under the provisions of rent control act and according to learned counsel for the appellant himself, the question of title neither could have been decided nor has been decided in this suit, therefore, if the appellant ..... whether the reasons submitted by the parties has bonafide or not. the party seeking relief on the basis of his bonafides cannot say judge-my- bonafide-from-my-own-own-act-only, which he has presented today only.12. from facts of this case, i do not find that the two courts below have committed any error of fact or .....
Tag this Judgment!Court : Rajasthan
Reported in : I(2006)DMC282; RLW2005(4)Raj2906; 2005(4)WLC389
..... were narrated the incident stated by smt. kamlesh who was burning at that time. statements made by the witnesses shall be relevant and admissible under section 6 of the evidence act. in addition to the statement made by witnesses named above, who belonged to the locality of the accused and would normally have good relations with the appellant and thus would ..... of munna raja and anr. v. state of madhya pradesh, : 1976crilj1718 .10. we would also like to mention that as per provisions contained in section 6 of the indian evidence act, facts, which though may not be in issue but are so connected with a fact in issue so as to form same transaction are relevant, whether they might have occurred .....
Tag this Judgment!Court : Rajasthan
Reported in : III(2006)ACC233; 2006WLC(Raj)UC223; 2006(3)ACC233; 2006(4)ALJ514(EE)
..... of consideration to the transferor by the transferee. the registered owner is also liable to pay the compensation as he is deemed owner under the provisions of the motor vehicles act till the registration is transferred in the name of transferee.6. in view of the above, the contention of learned counsel for the appellant that the tribunal should have fastened .....
Tag this Judgment!Court : Rajasthan
Reported in : 2006CriLJ1061; RLW2006(2)Raj1016; 2006(1)WLC780
..... and snatching the tin poured the oil and lit the fire. when i started running, i was pushed back by him. i went running to my sister seema. seema was applying the 'gara'. thereafter, the husband poured water from a pitcher and extinguished the fire.16. question : who others came when you was burnt ?answer ..... state to make the declaration. see k. ramachandra reddy and anr. v. the public prosecutor : 1976crilj1548 .(iv) where dying declaration is suspicious, it should not be acted upon without corroborative evidence. see rasheed beg v. state of madhya pradesh : 1974crilj361 .(v) where the deceased was unconscious and could never make any dying declaration the ..... given guidelines quoting the principles laid down in several earlier judgments as under:(i) there is neither rule of law nor of prudence that dying declaration cannot be acted upon without corroboration. (see munriu raja and anr. v. the state of madhya pradesh : 1976crilj1718 .(ii) if the court is satisfied that the dying declaration .....
Tag this Judgment!Court : Rajasthan
Reported in : 2005CriLJ4307; RLW2005(4)Raj2420; 2005(4)WLC142
..... the accused, he will be fully justified to discharge the accused, and in exercising jurisdiction under section 227 of the code of criminal procedure, the judge cannot act merely as a post office or a mouthpiece of the prosecution but has to consider the broad probabilities of the case, the total effect of the evidence and ..... vigil and wherever it finds that justice has suffered, it takes upon itself as its bounden duty to suo motu act where there is flagrant abuse of the law.'in view of the aforesaid decision of the hon'ble supreme court, the preliminary objections raised by the learned counsel ..... the high court.'8. in nadir khan v. state (delhi admn.), : 1976crilj1721 , the hon'ble supreme court observed as under:'the high court is not required to act in revision merely through a conduit application at the instance of an aggrieved party. the high court, as an effective instrument for administration of criminal justice, keeps a constant .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR2005Raj264; RLW2005(3)Raj1606
..... is not necessary that the application for revocation of the probate or letter of administration would be treated as a suit as contemplated under section 295 of the act. if the contention of shri puri merits acceptance, then any proceedings under the application to revoke the probate or letter of administration should be treated as a ..... probate also evaluated the evidence in the context of proof of will and rights of the parties which is not sustainable because proceedings under section 263 of the act, 1925 for revocation of the probate are of summary nature and thus in a miscellaneous application, neither the rights of the parties are to be decided ..... ownership or possession are not to be decided and it is to be seen only whether sufficient grounds exist for revocation as enumerated in section 263 of the act, 1925 but learned district judge on the application of revocation of probate re-appreciated the evidence and against the material available on record and without jurisdiction, decided .....
Tag this Judgment!Court : Rajasthan
Reported in : I(2005)DMC765
..... proving the ingredients of sections 304b and 498a, ipc in this case, therefore, presumption against accused moolchand and smt. sunita under section 113b of the indian evidence act is required to be raised.38. as stated hereinabove, in dowry death and suicide cases circumstantial evidence plays an important role and an inference can be drawn on ..... . both the witnesses have been examined at length which is running into several pages. in our view, presumption would be available under section 113b of the evidence act, when it is established that the death was within 7 years of the marriage under suspicious circumstances and soon before the death demand of dowry was made and the ..... dowry soon before the death and the death must have taken place within 7 years of the marriage in suspicious circumstances then presumption under section 113b of the evidence act is liable to be raised against the culprits.30. the another witness is p.w. 5 smt. shobha, the mother of the deceased. police also recorded .....
Tag this Judgment!Court : Rajasthan
Reported in : II(2005)ACC334; 2006ACJ2641; 2004WLC(Raj)UC310
..... could not have been saddled with the liability over and above the statutory liability in view of the provisions contained in section 95(2)(b) of the motor vehicles act, 1939 and if at all the insurance company is made liable to pay the over and above liability the insurance company should be made free to recover any such ..... is that the liability of the insurance company ought to have been made limited in view of the statutory provisions of section 95(2)(b) of the motor vehicles act, 1939.4. i have considered the rival submissions made by the learned counsel for the parties and perused the record including the cover note issued by the appellant national ..... singh, j.1. these appeals have been filed by the appellants national insurance co. ltd., jaipur and rajasthan state road transport corporation, jaipur under section 173 of motor vehicles act, 1988 against the award dated 15.10.1993 passed by learned judge, motor accidents claims tribunal, ajmer, in m.a.c.t. case nos. 135 and 188 of 1987 .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2006(1)Raj507
..... not 40 years of age, his monthly income was rs.3000/-. thus, applying the formula as detailed in schedule second to the act of 1988, a multiplier of 16 is to be applied to the amount of annual income of the deceased and from that amount ..... thus, a total compensation of rs.2,08,000/- was awarded.5. having considered the application under section 5 of the limitation act and the contentions raised before us, we are of the opinion that the appeal which was barred by 27 days only ought to ..... directed against the order of the learned single judge dated 6.1.2003 by which the application under section 5 of the limitation act and the appeal against the award of the motor accident claims tribunal, rajsamand dated 4.12.1999 was dismissed as barred by ..... ratio laid down by the hon'ble supreme court in susamma thomas's case, the second schedule to the motor vehicles act, 1988 provides a rough a ready guideline for applying an appropriate multiplier even in the cases where the accidents had occurred before insertion .....
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