Court : Rajasthan
Reported in : 1992(1)WLC540; 1991WLN(UC)266
..... the board, therefore, clearly discharges the functions which are taking to the activities of the state & therefore, in my opinion, the respondent board is an agency/instrumentality of the state and is amenable to writ jurisdiction as it comes within the scope of 'other authorities' used in article 12 of the constitution of india.10. ..... the first question which arises for determination is as to whether khadi & village industries board is an agency or instrumentality of the state an as to whether it comes within the scope of the term 'other authority' under article 12 of the constitution of india and is thus amenable to writ jurisdiction. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1994(1)WLN643
..... from close scrutiny of the evidence on record, it is apparent from both the judgments of the sub-ordinate courts that in support of the prosecution, the prosecution agency has examined pw 1 kishanchand, pw 2 achla ram, pw 3 bhanwar singh, pw 4 devisingh, pw5 magharam, pw 6 dhansingh, pw 7 jodharam, pw 8 gangaram, pw 9 afjal khan, pw 10 jaffar ali, pw 11 shankar lal, pw 12 bhanwar and pw 13 bhagwan dass. ..... the aforesaid omission on the part of the prosecution agency not taking the moulds of the foot-prints and tyre marks and not sending them to the forensic science laboratory, is fatal to the prosecution. ..... in support of the prosecution story, the prosecution agency has also produced ex.p/1 to ex.p/27 as documentary evidence.5. ..... as a matter of fact, the prosecution agency has miserably failed to establish guilt against the accused-petitioner beyond reasonable doubt, therefore he is entitled to be acquitted and both the judgments of the courts-below are liable to be set aside.12. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1983WLN(UC)155
..... we think that in the interests of the independence of the magistracy and the judiciary, in the interests of the purity of the administration of criminal justice and in the interests of the comity of the various agencies and institutions entrusted with different stages of such administration, it would ordinarily be desirable that the police should inform the court and seek formal permission to make further investigation when fresh facts come to light. ..... similarly, where the involvement of persons who are not already accused comes to the notice of the investigating agency, the investigating agency cannot keep quite and refuse to investigate the fresh information. ..... when it comes to the notice of the investigating agency that a person already accused of an offence has a good alibi, is it not the duty of that agency to investigate the genuineness of the plea of alibi and submit a report to the magistrate? ..... after all the investigating agency has greater resources at its command than a private individual. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1991(1)WLN145
..... the report submitted by the police and take cognizance against the accused and proceed-with the matter;(ii) if the court was of the opinion, as in the present case, that the investigation conducted by the investigating agency is not proper or is incomplete, then the court can again send the case for further investigation under the matter and to submit the report.even after the submission of the report, the police, under ..... it is contended on behalf of the petitioner that the learned magistrate, though was competent to direct the investigating agency to re-investigate the case but he should not have expressed any opinion in his order, ordering for the re- investigation. ..... as the learned magistrate has expressed the opinion in the order and directed the investigating agency to conduct the investigation in a particular manner, therefore the order dated december 11, 1989, passed by the learned magistrate deserves to be quashed and set-aside, and the proceedings, pending in the court may, also, be quashed. ..... the magistrate, also, cannot compel the investigating agency to conduct the investigation agency to proceed in a particular manner and to make enquiry in a particular way from a particular person, is really encroachment on the sphere of the police and compelling the police to investigate the case in a particular manner desired by the court and to .....
Tag this Judgment!Court : Rajasthan
Reported in : 1985(1)WLN318
..... in his concurring judgment, has considered the question as to whether a distinction could be made between a person directly under the employment of the government and a person under the employment of an agency or instrumentality of the government or a corporation set up under a statute or incorporated but wholly owned by the government and has held that there was no distinction between the aforesaid two classes of ..... in the said rejoinder he has reiterated that the respondent corporation is state under article 12 of the constitution since it is an agency or instrumentality of the government of rajasthan being under the financial as well as the administrative control of the government, in the said rejoinder it has been stated that in the provisional seniority list of accountants as on 31st august, 1978 and ..... this connection the learned judge has observed:i find it very hard indeed to discover any distinction on principle, between a person directly under the employment of the government and a person under the employment of an agency or instrumentality of the government or a corporation, set up under a statute or incorporated but wholly owned by the government. ..... in a, country like ours which teems with population, where the state, its agencies, its instrumentalities and its corporations are the biggest employers and where millions seek employment and security, to confine the applicability of the equality clauses of the constitution, in relation to matters of employment, strictly to .....
Tag this Judgment!Court : Rajasthan
Reported in : [2001]121STC311(Raj); 2001(4)WLC115; 2000(3)WLN445
..... means of transportation including an animal to carry goods from one point to another point ;(ii) 'goods' shall include animals also ; and(iii) 'goods in movement' shall means-- (a) the goods which are in the possession or control of a transporting agency or person or other such bailee ;(b) the goods which are being carried in a vehicle or carrier belonging to the owner of such goods ; and(c) the goods which are being carried by a person. ..... the goods in movement have been defined to mean the goods which are in the possession or control of a transporting agency or person or other such bailee and also the goods which are being carried in a vehicle or carrier belonging to the owner of such goods that is to say if the owner of the vehicle as well as of the goods is the same .....
Tag this Judgment!Court : Rajasthan
Reported in : 1997(2)WLC287; 1996(2)WLN276
..... it is only due to such police officers that the investigating agency in our country has not acquired the reputation of being honest against the temptation of attempting to secure confessions or statements by questionable methods. ..... from the facts narrated above, the investigating agency after being fully satisfied that no offence was committed by vinod kumar, submitted a negative report, which is popularly known as final report (fr), before the concerned magistrate on 29.3.95 detailing out all the above facts.11. ..... in view of the above statement, the investigating agency thought it proper to again get medical examination of mst. ..... on submission of final report by the investigating agency, the complainant submitted a protest petition before the concerned magistrate. .....
Tag this Judgment!Court : Rajasthan
Reported in : 2002(5)WLC653
..... as charges have not yet been framed and at the worst failure to get the sample reanalysed under section 24(4) of the act would lead the evidence of the analyst report inconclusive but the prosecuting agency has got every right to lead any other evidence to establish its case and prove the facts stated in the complaint so also its accompaniments so as to bring home guilt against the accused for ..... express my anguish as to how and in what manner the authority under the insecticides act acted in launching and according sanction for prosecution resulting in multiplicity of litigation and affording opportunity to avail of lacunas of prosecuting agency by way of adopting dilly dally tactics with a view of take benefit thereof so as to let loose free without trial and further defeating the purpose with which the act was enacted ..... the analyst report and/or to consider such report as conclusive evidence of the facts stated therein and in the absence of reanalysis, to consider the report merely an evidence putting further burden upon the prosecuting agency to prove a document purporting to be insecticide analyst's report with a further right to the accused to controvert it during trial under evidence act ..... in court after expiry of shelf life of the samples having no purpose to serve for reanalysis under section 24(4), men certainly in every case what is the purpose to initiate criminal proceedings by filing complaint and why the agency wait for criminal prosecution under section 31 of the act .....
Tag this Judgment!Court : Rajasthan
Reported in : 2002(1)WLC213; 2003(1)WLN686
..... therefore, the impression that has been gathered by us is that the investigating agency has not properly conducted the investigation and we have no option but to transfer the case to the c.b.i.15. ..... coming to the facts of the instant case as already stated, the investigating agency has neither arrested all the accused nor submitted f.r. ..... suresh sahni, learned counsel appearing for the petitioner canvassed that no further opportunity should be granted to the investigating agency in the matter and the case be transferred to the c.b.i.7. ..... purohit, learned public prosecutor contended that fair investigation has been made in the matter and the police is making all efforts to recover the abducted persons, it is the petitioner who is not assisting the investigating agency, therefore, further opportunity may be granted to the investigating agency in the matter. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1966Raj8; (1967)ILLJ279Raj
..... ; provided that if the government after consultation with the commission is satisfied that during a particular year no member of the service is suitable for promotion in a particular category direct recruitment may be made to that category through the agency of the commission on such terms regarding qualifications experience and age etc. ..... sources of recruitment: (1) recruitment to the post of assistant conservator of forests in the service after the commencement of these rules shall be made by direct recruitment and by promotion from amongst the rangers grade i through the agency of the commission. .....
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