Court : Rajasthan
Reported in : AIR1951Raj30
..... course but a girl of 8 years of age could not possibly apprehend the significance of the act . that is why the medical evidence has been relied upon by the trial court and the accused has been convicted under section 376/511, penal code which is a lesser offence.9. the learned counsel for the ..... our attention to the various points in the statements both of mt. purni and mt. ghisi bringing out a few contradictions and discrepancies but who are definitely of the opinion that they do not relate to material particulars and are therefore of no significance or importance in the case.6. so far as ..... opinion of the learned judges. harries c. j. went to the extent of holding that in india such statements were corroboration by section 157, evidence act, and that as long as that section remained, the cases cited before them could not possibly be regarded good law. we respectfully agree with the view which prevailed in ..... state against the order of the learned sessions judge, sawai jaipur and gangapur at jaipur acquitting the accused rameshwar of the offence a under section 376/511, penal code.2. the accused, it may be pointed out, was tried for this offence in the court of the assistant sessions judge who convicted and ..... girl and the mother to bagru. from there, the girl was sent again to jaipur for medical examination on 27th of october and a report to the following effect was made :'hymen not patent and abrasions 1/2' x 1/4' on the medial surface of each labia minora at the lateral the lateral .....Tag this Judgment!
Court : Rajasthan
Reported in : AIR1953Raj66
..... .10. the other point that is urged is that even if the witness was incapable of giving evidence, his statement could not be used under section 33 of the evidence act, as the accused did not have the right & opportunity to cross-examine the witness. so far as opportunity is concerned, the accused certainly had ..... connection is placed on-- 'sc mitter v. the state', air 1950 cal 435. in that case, the witness was said to be seriously ill and a medical certificate was produced, and thereupon he was not produced for cross-examination. the learned judges held that as the doctor was not examined, and no attempt was made ..... with respect rightly held, that an accused has a right of cross-examination even when the witnesses have been examined under section 252 cr. p. c. these cases are:-- (i) --'ramyad singh v. emperor', air 1920 pat 149; (ii) --'varisai rowther v. king emperor', air 1923 mad 609; (iii) --'gurudin v. emperor', air 1935 nag ..... reason for her to say that the assailant was gajraj if it was somebody else.7. her statement has been supported by two witnesses, namely chautha p. w. 2, and ruggha p. w. 4. these two persons along with manrupa were sitting at the 'hatai'. on hearing the shouts raised by mst. patasi, they ..... wanchoo, c.j.1. this is an appeal by the state against the acquittal of gajraj accused by the sub-divisional magistrate of jodhpur.2. the case relates to an incident which took place on the night between the 24th and 25th may, 1948. the prosecution story was briefly .....Tag this Judgment!
Court : Rajasthan
Reported in : AIR1957Raj51; 1957CriLJ227
..... to get rid of the obstruction then and there by binding down the complainants or removing them from the place might be mistaken, but they were definitely related to the performance of their official duties. their lordships consequently held that that was a case for sanction before the accused could be validly prosecuted ..... thus summed up by venkatarama ayyar j.'it is not every offence committed by a public servant that requires sanction for prosecution under section 197(1), criminal procedure code; nor even every act done by him while he is actually engaged in the performance of his official duties; but if the aet complained of is ..... the matter did not proceed further as the commissioner intervened and asked shri sood to be quiet. on these allegations the petitioner eventually filed a complaint under section 504 of the i. p. c. against shri sood in the court of the additional district magistrate, ganganagar on the 11-8-1954.the said ..... delivered by him though his judgment was an official act.similarly, a government medical officer could not be said to have acted or purported to act as a public servant in picking the pocket of a patient whom he was examining, though the examination itself was an official act. their lordships then proceeded to observe that, ' ..... ordermodi, j. 1. this is a reference by the sessions judge, ganganagar and arises under the following circumstances :2. the case of the petitioner hariram is that on the 24-7-1951 shri b. p. sood, who was sub-divisional magistrate, .....Tag this Judgment!
Court : Rajasthan
Reported in : AIR1957Raj78
..... was a part of his wages and its cost could be deducted by the petitioner from the wages of non-petitioner no. 1. 5. the definition of 'wages' given in section 2(vi) of the payment of wages act is as follows : '(vi) 'wages' means all remuneration, capable of being expressed in terms of money, which would, if the terms of the contract of ..... and any sum payable to such person by reason of the termination of his employment, but does not include - (a) the value of any house-accommodation supply of light, water, medical attendance or other amenity, or of any service excluded by general or special order or the state government. (b) any contribution paid by the employer to any pension fund or ..... in duty-bound to pay the wages only in current coin or currency notes or in both. section 20(2) then provides that 'whoever contravenes the provisions of section 4 section 6 or section 2 shall be punishable with fine which may extend to two hundred rupees'. section 23 of the act further provides that 'any contract or agreement whether made before or after the commencement of this ..... referred above, it provides penalty for breach of the provisions of certain sections of the act and section 6 is also one of them. if an employer makes a breach of the provision of section 6 there is no escape for him from the punishment provided in sub-section 2 of section 20. so when the act requires that all wages must be paid in cash, when an .....Tag this Judgment!
Court : Rajasthan
Reported in : AIR1959Raj124; 1959CriLJ770
..... on the legs of johari. this circumstance is sufficient to warrant the application of the provisions of section 34 against all the accus'ed for indulging into the occurrence in pursuance of common intention.12. the medical evidence on the record shows that one of the bones of the legs of johari got fractured ..... right of seizure to the period when the cattle are trespassing and are doing damage. it would amount to stretching the meaning of the language of section 10 to read therein the provision for the right of seizure even after cattle had left the land and ceased to commit trespass.the learned single ..... of their property and would have escaped the liability for having caused injuries to johari if they had not exceeded their right by indulging in the act of beating johari even when not required for the purpose of the exercise of the right of private defence.johari had fallen down on the ..... sessions judge of kishangarh dated the 28th of october, 1957, convicting the four appellants under section 333 i. p. c. and sentencing devkaran sahadev and birdha to 2 years' rigorous imprisonment each and sarwan to 6 months rigorous imprisonment.2. the prosecution case was that johari p.w. 1 was a forest guard having ..... on bail and need not surrender to it. the convictions of devkaran, birdha and sarwan are reduced from section 333 i. p. c. to s, 325 i. p. c. and the sentences of 2 years' rigorous imprisonment in cases of birdha and devkaran are reduced to one year's rigorous imprisonment each only .....Tag this Judgment!
Court : Rajasthan
Reported in : AIR1960Raj224
..... of justice, equity and good conscience within the meanof section 6 of the central provinces laws act. in the present case we have found that sub-section (2) of section 21 was applicable to kotah, and consequently the courts could act within the meaning of that section.30. the position in this case is yet stronger as ..... who was driving the defendant's bus, and was doing so in the course of the defendant's employment. the plaintiff in this case has definitely put forward the cause of the accident, and the court has. therefore to enquire whether the cause, if proved, was due to the negligence ..... in the state or some such law was seriously in contemplation at the time. let us, therefore, examine the kotah state civil courts act of 1945. section 21 of the act runs thus:' (i) where in any suit or other proceeding it is necessary for a civil court to decide any question regarding ..... 847). the injured party is also entitled to damages for his financial loss, actual and prospective. actual financial loss may consist of loss of earnings, medical and nursing expenses, and cost of convalescence, and the fact that payment has not actually been made in respect of liabilities incurred under any of these ..... warrant interference with those findings. as pointed out by the privy council in rivers steam navigation co. ltd. v. hathor steamship co. ltd., air 1916 pc 73, in collision cases where questions of fact alone arise, a court of appeal should be most chary of interfering with the decisions of the .....Tag this Judgment!
Court : Rajasthan
Reported in : (1963)IILLJ187Raj
..... , the remaining claim will be at an average rate of rs. 200 only in all the three applications.7. when the present applications were filed, the definition of ' wages' as contained in section 2(vi) of the act stood, as follows;wages' means all remuneration, capable of being expressed in terms of money, which would, if the terms of the contract of employment, express ..... and any sum payable to such person by reason of the termination of his employment, but does not include(a) the value of any house-accommodation, supply of light, water, medical attendance or other amenity, or of any service excluded by general or special order of the state government;(b) any contribution paid by the employer to any pension fund or ..... .i.r. 1956 m.b. 152 (vide supra) it was held that standard wages fixed by government did not come within the purview of the definition of 'wages' contained in section 2(vi) of the payment of wages act as they could not be regarded as remuneration payable under the contract of employment entered into between the employer and the employee. the decisions in ..... bearing on the question as to whether dearness allowance is ' wages ' within the meaning of the definition of the term as contained in section 2(vi) of the payment of wages act before its amendment in 1957 and whether it is not recoverable on an application under section 15.22. the learned counsel for the applicant tried to draw some inferences from the stray observations .....Tag this Judgment!
Court : Rajasthan
Reported in : AIR1965Raj32; 1965CriLJ219
..... may be remarked here that having regard to the definition of the word 'proved' in section 3 of the evidence act in considering the question whether a particular fact is proved or not the court should primarily consider whether there is a requisite degree of probability of the fact having existed on a ..... doctor for furtker examination. be that as it may on the statement of the doctor as it stands, the conviction of the appellant under section 304, part ii, indian penal code', is not safe and cannot be sustained.7. next submission made by mr. chatterji is that there is no satisfactory ..... to the likely effect of the injuries. it will be proper to observe in this connectionthat the public prosecutors should be careful in examining medical witnesses and should bring on record the opinion of the doctor as to whether the injuries in a given case were sufficient in the ordinary ..... that even on accepting the prosecution allegation in its entirety, no case under section 304, part ii, indian penal code, is made out on a proper interpretation of the medical evidence. dr. b. p. jangid pw/l is the medical witness who had conducted the post mortem examination on the person of deceased kaluva ..... . he noticed four injuries on the person of the deceased. these four injuries are detailed below:1. incised wound 1' x 1/8' x 17.4' on the unlar side of right forearm in the middle placed vertically. 2. incised wound 1/2 .....Tag this Judgment!
Court : Rajasthan
Reported in : (1969)IILLJ261Raj
..... .p.s (med.) (bom.) granted by the college of physicians and surgeons, bombay, is included in the first schedule to the indian medical council act, 1956, and recognized by this council. the question of its equivalency to the postgraduate degree does not arise.the council at its meeting held on 27 march 1955 noted the opinion of the executive committee that these f ..... .s. with necessary postgraduate qualification.note (1).--necessary post-graduate qualification means a post-graduate degree or any other qualification recognized as equivalent by medical council of india.note (2).--post-graduate diploma will be equal to a post graduate degree in such subjects in which such a degree is not awarded by any university.note (3).--public service commission may relax the prescribed number ..... . or canada.(b) must have practised independently for five years in medicine as independent incharge of a ward at least in a big hospital of grade i or ii or incharge of grade ii hospital including beds pertaining to this speciality.pay and the age same as for posts nos. 3 and 5, respectively. house job or residentship shall not count towards ..... rule 11(a)(i) government have power to recognize a qualification as equivalent to a degree in medicine and surgery of an indian university. under rule 11(a)(ii), the government have power to recognize a qualification of a foreign country as equivalent to a post-graduate degree or diploma of an indian university. but under rule 23 read with the schedule and .....Tag this Judgment!
Court : Rajasthan
Reported in : (1969)ILLJ169Raj
..... an indian university is a question relating purely to an academic matter and courts should naturally hesitate to express a definite opinion, specially when the selection board of experts considers a particular foreign university degree as so equivalent. 44. further on, their lordships have been pleased to observe ;it would normally be wise and safe for the courts to leave the ..... a principal i3 a part-time post and not a promotion post. it has also been submitted that the posts of principals in sardar patel medical college, bikaner; ravindra nath tagore medical college, udaipur; medical college, jodhpur ; and medical college, ajmer, are not the posts of purely principals, but the principals of these colleges are also the controllers of associated group of hospitals ..... and conditions of service, there could be some justification in challenging the validity of their appointments even on a temporary footing on the basis of the university act, statutes and ordinances. all the medical colleges and attached hospitals are run by the government of ra]asthan and both dr. ojha and dr. rishi have been appointed as professors not by the ..... to cultivate and promote the arts, science and other branches of learning. 24. section 28 provides for making of statutes. the first three clauses of section 28 read as under:(1) on the commencement of the act, the statutes of the university shall be those set out in the schedule.(2) the statutes may be amended, repealed or added to by statutes made by .....Tag this Judgment!