Court : Rajasthan
Reported in : 2009(3)WLN202
..... pillion rider of the motor vehicle unless the requisite amount of premium is paid for covering his/her risk (ii) the the legal obligation arising under section 147 of the act cannot be extended to an injury or death of the owner of vehicle or the pillion rider; (iii) the pillion rider in a two wheeler was not to be treated .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2009(4)Raj3430
..... in the court of special judicial magistrate (economic offences) rajasthan, jaipur.3. both the respondents were indicted for the offence under section 135(1) of the customs act, 1962, who pleaded not guilty and claimed to be tried. in order to further its version the prosecution examined in all five witnesses. in their examination under section ..... the proof of their purity. the impugned judgment of the lower court suffers from serious infirmity and the prosecution has established the offence under section 135 of the act 1962 against the respondents, hence the order of acquittal be set aside and instead the respondents should be convicted for alleged offence.6. per contra, learned ..... in view of the pronouncement of the hon'ble supreme court made from time to time, he arrived at the conclusion that the offence under section 135 of act, 1962 was not proved against them beyond reasonable doubt and thus the learned trial court has rightly acquitted, them which calls for no intervention.7. the .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2009(3)Raj2629
..... the application which was moved for recalling the order dated 17.11.2003 was considered by the court which requires some consideration and therefore, notice of that application filed by bal kishan gaur was issued.having considered the rival submissions and the situation arising from the order passed by this court on 17.11.2003, it needs to be clarified that ..... civil suit which is pending in the civil court. the u.i.t. initiated proceedings against petitioner no. 1 under section 90 and 91 of the rajasthan urban improvement trusts act and, for the said purpose, a notice was issued to the petitioner no. 1 but, in his absence, on 08.04.2003, without hearing the petitioner, order ex.-2 ..... the appeal as not maintainable treating the order dated 28.12.2007 to have been made under section 72 of the uit act despite the fact that the said order was made under sections 90 and 91 of the act. in this writ petition, the petitioners are challenging order dated 28.12.2007 and have prayed that the same may be .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2009(2)Raj1223; 2009(1)WLN411
..... basis of its application of mind but under the direction issued by the government. it is contended that the competent authority who has granted the relaxation cannot act upon the direction issued by the government and, that too, without providing opportunity of hearing.12. learned counsel for the petitioner submits that the state ..... necessitating promulgation of different set of rules, it became necessary to frame separate independent rules; and, in exercise of the powers conferred by section 41 of the act of 1950, the state government framed rules known as rajasthan excise (grant of hotel bar/club. bar licenses) rules, 1973. these are special set of ..... on temporary basis.43. in this matter, something is required to be said with regard to the obligatory duty of the state. admittedly, the legislature is framing acts and rules for regulating the liquor business. in the society, for maintaining law and order, there are directive principles of state policy enumerated in the constitution of .....
Tag this Judgment!Court : Rajasthan
Reported in : 2009CriLJ2205; RLW2009(1)Raj746
..... case depends on circumstantial evidence. but in circumstantial evidence also when the facts are clear it is immaterial that no motive has been proved. men do not act wholly without motive. failure to discover the motive of the offence does not signify the non-existence of the crime. the failure to discover motive by appropriate ..... of maharashtra : 1992crilj1545 , has held that in circumstantial evidence also when the facts are clear it is immaterial that no motive has been proved. men do not act wholly without motive. failure to discover the motive of the offence does not signify the non-existence of the crime. the failure to discover motive by appropriate clinching ..... within the definition of 'dowry' and cannot be construed as demand of dowry within the definition of 'dowry' as defined under the provisions of the dowry prohibition act. he further contended that there is allegation about mortgage of kisan vikas patra which were in the name of deceased kavita and demand of four lac rupees by .....
Tag this Judgment!Court : Rajasthan
Reported in : 2009(2)WLN404
..... presence is accepting much coincidence which is not warranted or corroborated by any other circumstance or evidence.22. reading together sections 25 and 27 of the indian evidence act, it is clear that no confession made before a police officer can be proved against a person accused of an offence,-as such plain confession made before a ..... the persons said to have met soon after the incident to accused and prosecution has declared them hostile. krishna kumar pw 2, bhopal singh pw 9 and veer bal pw 10 are the motbirs of recoveries and site inspection etc. pw 11 sho and pw 7 circle officer are investigating officers, whereas jai singh pw 4 constable ..... confessional statement even first information report can be given by the accused received as an evidence except to the extent it is permitted by section 27 of the evidence act, that is to the extent leads to discovery of some fact.26. so, position regarding admissible of first information report by accused himself is very clear-not necessarily .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2009(2)Raj1532
..... petitioner whereby it was brought to its notice that the said adverse remarks had not been communicated to the petitioner. similarly, the respondents had also acted in haste by acting in furtherance of recommendations of the dpc without considering the representation given by the petitioner on 20.1.1996.17. it is also a settled principle ..... down as under:17. the principle is well settled that in accordance with the rules of natural justice, an adverse report in a confidential roil cannot be acted upon to deny promotional opportunities unless it is communicated to the person concerned so that he has an opportunity to improve his work and conduct or to ..... no review was made by the committee after ignoring such un-communicated adverse remarks. therefore, the learned counsel for the petitioner has submitted that the dpc had acted in violation of the instructions of the apar rules of 1976.learned counsel for the petitioner has also submitted that the learned tribunal has grossly erred in imputing .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2009(2)Raj1009
..... such type of material is missing. the learned courts below have not appreciated the things in the light of the law laid down in section 12 of the j.j. act, therefore, the orders passed by the courts below are not sustainable. in the case of a juvenile it is not much relevant to look into the gravity of offence. ..... the reasons assigned cannot be a ground for rejection of the bail application. learned counsel for the petitioner further stated that as per section 12 of the j.j. act, a delinquent's prayer for his release on bail could only be rejected in case the release of juvenile is likely to come in association with known criminals or expose ..... 1990), he was detained and produced before the j.j. court, where the application filed under section 12 of the juvenile justice (care and protection of children) act, 2000 (in short 'j.j. act' ahead) by the father on behalf of juvenile was rejected and then the appeal against the said order, too has been dismissed by the learned sessions judge, .....
Tag this Judgment!Court : Rajasthan
Reported in : 2009CriLJ1610; RLW2009(1)Raj662
..... that when he and other witnesses reached the place of accident, three boys were standing there along with a rajdoot motorcycle'.27. under section 6 of the evidence act, the testimony of bhanwarlal (p.w.41), as given in the cross-examination, would be relevant and admissible. despite the fact his statement would defeat the ..... according to the learned counsel, neither the documentary evidence, nor these circumstances can be read against a-1.secondly, the requirement of section 106 of the evidence act cannot be imposed upon a-1. according to the learned counsel, once the prosecution has proceeded t|o establish that the accused had made physical advances, had ..... nonetheless they were told by a-1 immediately after the accident, how the accident had occurred. therefore, their testimonies are relevant under section 6 of the evidence act. on the basis of their testimonies, the existence of accident or misfortune is well established. thus, the benefit of the said exception should have been given toa .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2009(1)Raj28
..... 30 and report about the place where the knife was recovered ex.p/31 was prepared. the information given by the accused under section 27 of the evidence act were recorded before effecting the recoveries. the articles were sent for chemical examination to the forensic science laboratory from where the fsl reports were obtained. after completion of ..... trial court considered other circumstance against the appellant that the appellant's pant and shirt were recovered in pursuance of the information given under section 27 of the evidence act (recovery memo ex.p/25) and the pant and shirt of the appellant had blood stains over them. appellant chetan was wearing pant and shirt at the ..... the soil, the trial court rightly held that the said recoveries were not in pursuance of any information given by the appellant under section 27 of the evidence act. in addition to the above, it will be worthwhile to mention here that how the investigating agency came to know about this evidence, has not been explained. .....
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