Court : Rajasthan Jodhpur
..... deserves to be quashed. learned counsel for the accused appellants vehemently argued that as per prosecution case, the 8 accused appellants gave information under section 27 of the evidence act for verification of place of incident where the dead bodies were murdered but in fact the place of alleged incident and recovery of dead ..... argued that although there is no eye witness of the incident but after thorough investigation and upon information given by the accused appellants under section 27 of the evidence act, the place of occurrence was recovered at the instance of the accused appellants and from the place of occurrence, blood stained mud and other ..... license were recovered. similarly, the blood sustained articles were recovered vide ex.p/10 upon information given by accused appellant jagdish chandra keer under section 27 of the evidence act in front of two independent witnesses, therefore, it cannot be said that the recoveries of clothes, purs.and diary of deceased is proved in .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... of armed forces. he was posted at jammu & kasmir. while he was working at j&k, he was prosecuted and eventually convicted for an offence punishable under section 376 of the act and was accordingly awarded 5 years rigorous imprisonment by the competent court at j&k on 10.3.1993. this sentence was confirmed by another competent authority at ..... ors.: d.b.civil writ petition no.4853/2004, decided on 08.05.2015 and judgment of allahabad high court in b.k.s.yadav v. chief of the army staff : writ petition no.37116/1998, decided on 09.09.2004. i have considered the submissions made by learned counsel for the parties and have perused the material available ..... d.b.civil special appeal (writ) no.167/2010, decided on 14.09.2011, wherein relying on a decision of the supreme court in dinesh chandra gahtori v. chief of army staff & anr.: (2001) 9 scc525 it was held that part cause of action had accrued at jodhpur. opposing the submissions, learned counsel for the respondents submitted that merely service .....
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..... not permissible on account of established rule against bias. in a situation where such a dual function is discharged by one and the same authority, unless permitted by an act of legislation or statutory provision, the same would be contrary to rule against bias. where an authority earlier had taken a decision, he is disqualified to sit in ..... removal passed by the disciplinary authority was in conformity with law. it is not disputed that shri s. krishnaswami, the then chairman-cum-managing director of the company acted as a disciplinary authority as well as an appellate authority when he presided over and participated in the deliberations of the meeting of the board while deciding the appeal ..... 6. one of the principles of natural justice is that no person shall be a judge in his own cause or the adjudicating authority must be impartial and must act without any kind of bias. the said rule against bias has its origin from the maxim known as 'debt esse judex in propria causa', which is based on .....
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..... state commission') were dismissed and certain directions were issued. the respondents-complainants had approached the district forum by way of complaint under section 12 of the consumer 3 protection act, 1986 ('the act') against the then urban improvement trust ('uit'). it was inter-alia claimed in the complaints that they were allotted plots of land ..... each aspect of the matter and the judgment, therefore, does not call for any interference. with reference to the definition of service . under section 2(o) of the act, it was submitted that the definition is not exhausted and the allotment of plot is, therefore, clearly included within the definition of service and ..... claim otherwise. an objection regarding alternative remedy was raised. it was submitted that against the order of the state commission, a revision under section 21 of the act is provided before the national commission and the appellants without availing the said remedy have invoked the jurisdiction of this court under article 226 .....
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..... aspects of the impugned judgment have been challenged before this court: (a) the manner of computing 3% reservation for the persons with the disabilities as per section 33 of the act. (b) whether post based reservation must be adhered to or vacancy based reservation.10. para 51 of the order on which reliance has been placed by ..... officer given in appendix-7 of the said office memorandum, makes the petitioner entitle for promotion to the extent of 3% reservation on the basis of section 33 of the pwd act.9. this contention of the petitioner also cannot be accepted in view of preamble of office memorandum as contained in para 1, which clearly stipulates ..... insurance company after 1995 is not open to challenge and cannot be successfully assailed by the petitioner because such promotional avenues are not reserved in terms of section 33 of the pwd act or scale- i/group-a services.8. learned counsel for the petitioner also contended that in annex-6 'report of committee on identification of jobs .....
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..... back wages. in compliance of the said award, respondent was reinstated vide order dated 14.12.2006, but on the same day, notices under sections 25(a) and (b) of the industrial disputes act were issued to respondent and his services were again terminated. the respondent, therefore, rushed to the high court challenging the validity of the order ..... arnod. the state government, however, vide order dated 30.08.2002, directed appellant no.4 to terminate the services of respondent after making compliance of section 25f and g of the industrial disputes act, 1947. in the result, the services of respondent were dispensed with vide order dated 25.09.2002, passed by [2]. dbsaw- 125/2015 ..... 2015 in s.b. civil writ petition no.2030/2007 the state of rajasthan & ors. vs. hawji meena date:26.10.2015 hon'ble mr.justice ajit singh, acting chief justice hon'ble mr. justice arun bhansali mr.k.l.thakur, additional advocate general with mr.rishab tayal for the appellants. mr.kuldeep mathur for the respondent. .....
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..... back wages. in compliance of the said award, respondent was reinstated vide order dated 14.12.2006, but on the same day, notices under sections 25(a) and (b) of the industrial disputes act were issued to respondent and his services were again terminated. the respondent, therefore, rushed to the high court challenging the validity of the order ..... arnod. the state government, however, vide order dated 30.08.2002, directed appellant no.4 to terminate the services of respondent after making compliance of section 25f and g of the industrial disputes act, 1947. in the result, the services of respondent were dispensed with vide order dated 25.09.2002, passed by [2]. dbsaw- 126/2015 ..... in s.b. civil writ petition no.2150/2007 the state of rajasthan & ors. vs. karu lal meena date:26.10.2015 hon'ble mr.justice ajit singh, acting chief justice hon'ble mr. justice arun bhansali mr.k.l.thakur, additional advocate general with mr.rishab tayal for the appellants. mr.kuldeep mathur for the respondent. .....
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..... to irrigate from the canal, or from the outlets, water exceeding the authorised capacity or quantity, so as to negate the provisions of rule 11(1) and section 55(9) of the act. this is second aspect of the matter. . the said judgment has been upheld by the division bench in d.b.special appeal (w) no.273/2007 ..... removed, and no claims against this, in this respect, shall lie against the government, and that persons violating this rule shall be liable to punishment under section 55(9) of the act. it is in this sequence, that sub-rule (2) contemplates that no material change shall be made in an established system of canal distribution except under ..... the orders of the divisional irrigation officer, and the meaning of established irrigation system is to be gathered from the provisions of section 3(ii).which defines irrigation .....
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..... to irrigate from the canal, or from the outlets, water exceeding the authorised capacity or quantity, so as to negate the provisions of rule 11(1) and section 55(9) of the act. this is second aspect of the matter. . the said judgment has been upheld by the division bench in d.b.special appeal (w) no.273/2007 ..... removed, and no claims against this, in this respect, shall lie against the government, and that persons violating this rule shall be liable to punishment under section 55(9) of the act. it is in this sequence, that sub-rule (2) contemplates that no material change shall be made in an established system of canal distribution except under ..... the orders of the divisional irrigation officer, and the meaning of established irrigation system is to be gathered from the provisions of section 3(ii).which defines irrigation .....
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..... .l.thanvi, for the defendant-appellant. mr.ashok chhangani for the plaintiffs-respondents. reportable by the court (oral) :- 1. the defendant-om prakash has filed the present first appeal under section 96 of the code of civil procedure against the plaintiffs/decree-holders smt.shashi w/o late shri narendra kumar and her son shailendra, aggrieved by the decree of possession .....
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