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28 Important Rajasthan High Court Judgments September 2018

1. Abha Jain v. State of Rajasthan, 25-09-2018 Code of Criminal Procedure, 1973 - Section 482 - Prayer of the petitioner to furnish true and correct transcription of compact disc (CD) has been declined - only the documents relied by the prosecution at the time of framing of charge can be taken into consideration and the material provided by the accused cannot be considered as the accused can produce and prove the same at the time of leading defence evidence. Consequently, prayer of the petitioner that the petitioner should be permitted to provide true transcription of CD is rejected with liberty to the petitioner to prove the same by leading defence evidence. However, it cannot be denied that the CD is part of challan filed by the prosecution and hence, there is merit in the submission made by the learned senior counsel for the petitioner that at the time of consideration of charges CD can be played in the court and contents thereof can be noted by the court at the time of formulati...

Rajasthan High Court Monthly Digest September 2018

Code of Criminal Procedure, 1973 - S. 482 - Negotiable Instruments Act, 1881 - S. 138 - Handwriting Expert - Forensic Science Laboratory is heavily over burdened - May examine private Handwriting Expert as defence witness. Rajesh Kumar Meena v. State of Rajasthan, 04-09-2018 Code of Criminal Procedure, 1973 - S. 482 - Penal Code, 1860 - Ss. 327, 386 & 309 - Quashing of Proceedings - Son is being prosecuted at the instance of father - court cannot loose sight of the adage that every sinner has a future and every saint has a past - trial court shall afford an opportunity to reform. Madhur Mohan Sabu v. State of Rajasthan, 10-09-2018 Code of Criminal Procedure, 1973 - Section 125 - Family Court Act, 1984 - Section 19 - Hindu Marriage Act, 1955 - Sections 24, 28 - Husband has to maintain and must maintain his wife, that being pious obligation to discharge as per Hindu Shastra. Rinku @ Parmendra v. Avdesh, 10-09-2018 bit.ly/CMA4300of2018 Code of Criminal Procedure, 1973 - Section 173 (8...

5 Important Criminal Judgments of Rajasthan High Court 25th September 2018

1. Rajesh Shrimal v. State of Rajasthan, 25-09-2018 Copyright Act, 1957 - Sections 51 and 63 - Offences under the Copyright Act are non-cognizable and police cannot register the FIR and carry the investigation.

Cognizance of Cases by Permanent Lok Adalat [Case Law]

Legal Services Authority Act, 1987 - Section 22 C - Cognizance of cases by Permanent Lok Adalat.

Husband must Maintain Wife being Pious Obligation as per Hindu Shastra [JUDGMENT]

Code of Criminal Procedure, 1973 - Section 125 - Family Court Act, 1984 - Section 19 - Hindu Marriage Act, 1955 - Sections 24, 28 - Husband has to maintain and must maintain his wife, that being pious obligation to discharge as per Hindu Shastra.

Court cannot Loose Sight of the Adage that Every Sinner has a Future & Every Saint has a Past [Case Law]

Criminal P.C. 1973 - S. 482 - Penal Code, 1860 - Ss. 327, 386 & 309 - Quashing of Proceedings - Son is being prosecuted at the instance of father - court cannot loose sight of the adage that every sinner has a future and every saint has a past - trial court shall afford an opportunity to reform.

Law Relating to Promissory Estoppel [Case Law]

Promissory Estoppel - P rinciples of -  The entrepreneur having set up the food processing unit on the basis of promise, the respondents cannot be allowed to rescind from their promise so as to deny her claim only because the State has not granted the budget for the subsequent year.  

Family Assets, Retiral Benefits & Private Job can't be taken for disqualifying Compassionate Appointment [Case Law]

Constitution of India -  Article 226 - C ompassionate Appointment -  family assets, retiral benefits and private job cannot deprive the family from the security of compassionate appointment.

Dishonest Intention should Exist at the very Inception of the Promise Made [Case Law] | First Law

Indian Penal Code, 1860 - Ss. 420, 409, 384 & 120 B - E ssential Ingredients - D ishonest intention should exist at the very inception of the promise made.

How much of Information Received from Accused may be Proved

Indian Evidence Act, 1872 -  Section 27 - A mbit and Scope of - How much of Information Received from Accused may be Proved.