Court : Rajasthan Jodhpur
..... air 1976 sc 1760) as under: "these observations directly cover the case before us because the labour court, in the instant case, found that the inquiry was defective as it infringed the principles of natural justice, it came to the conclusion after considering the evidence adduced before it, that the dismissal was justified. ..... arose directly before the constitution bench and such a contention was rejected, making a distinction between a case where no domestic inquiry had been held and another in which the inquiry is defective for any reason and the labour court on its own appraisal of evidence adduced before it reaches the conclusion that ..... the petitioner institution, the tribunal itself conducted an enquiry against the workman under section 11a of the act and reached to the independent conclusion that the respondent workman was guilty of ..... whether the order of punishment should be set aside on any ground and when the labour court ultimately reaches the conclusion that even though the inquiry was defective, there is material to justify in the punishment awarded, it rejects the challenge to the order of punishment which continues to operate. ..... its own appraisal of evidence adduced before it that the dismissal was justified its approval of the order of dismissal made by the employer in a defective inquiry would still relate back to the date when the order was made....in the present case an inquiry has been held which is said to be defective in one respect and dismissal has been ordered. .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... contra, as per counsel for the respondents, the private respondents submitted application to the divisional irrigation officer for transfer of existing water cours.in accordance with sub-section (1) of section 23 of the act of 1954 and the divisional irrigation officer after holding necessary inquiry found the transfer necessary for the better management of the irrigation, thus, passed the order dated 8.2.2008. ..... argument advanced is that even by assuming that the procedure adopted was in consonance with the provisions of the act of 1954, then too the collector while exercising authority under section 24 of the act should have given adequate reasons for not accepting the objections raised by the petitioner. ..... applicant to make such deposit as the divisional irrigation officer considers necessary to defray the cost of the preliminary proceedings and the amount of any compensation that may become due under the provisions of section 28 in respect of such transfer; and upon such deposit being made, he shall publish a notice of the application in every village. 24. ..... as per section 22 of the act of 1954, the divisional irrigation officer after receiving an application and after publishing te notice in this regard would have conducted an inquiry only to ascertain truthfulness of the statements in the application and further that the transfer sought for is -7- necessary for better management of ..... conclusion is required to be supported by definite grounds which are lacking in the instant .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... him upon leg but it is also one of the important fact that no particular injury was found to be sufficient to cause death, therefore, it is submitted that conviction of accused appellant may be altered from section 302 i.p.c.to section 304 part-i or ii i.p.c.and sentence of life imprisonment may be reduced to 10 years.per contra, learned public prosecutor vehemently argued that it is a case in which with intention and preparation, the accused appellant inflicted ..... counsel for the appellant lastly argued that even if the whole story of prosecution as stated by the witness kanta with regard to threat given by accused for deceased to pw-5 lakhma, the case cannot travel beyond section 304 part-i or ii of i.p.c.because it is human nature that if any person is having information or evidence that his wife is having illicit relation with other person then obviously it is a matter of fact ..... above evidence, we 12 have considered the arguments of learned counsel for the appellant that for such motive whether accused appellant has rightly been convicted for offence under section 302 i.p.c.or he was to be punished for offence under section 304 part-i i.p.c.in our opinion, in young age, if any husband receives any information or knowledge that somebody is having illicit relation with his wife then obviously for ..... arrested on 6.5.2006 vide ex.p/19 at about 10.30 a.m.and after his arrest upon his information under section 27 of the evidence act on 08.05.2006, the sword was recovered vide ex.p.18. .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... under the probation of offenders act, 1958 was denied to the accused for commission of offence punishable under section 304-a ipc. ..... it is luminous that the hon'ble supreme court has expressed its concern on imposition of adequate sentence in respect of commission of offences regard being had to the nature of the offence and demand of the conscience of the society. ..... rajsamand, after hearing on charge, discharged the accused persons from the offence under section 304 ipc and for trial of offences punishable under sections {3} 279, 337, 338, 304a ipc and 53/112 m.v.act, remitted the case for trial to learned chief judicial magistrate, udaipur. ..... the law on the point as to whether the benefit of probation under the act of 1958 should be granted to the accused-convict for the offence under section 304-a ipc, has been settled by hon'ble apex court in dalbir singh versus state of harayana, ..... the court should not as a normal rule invoke the provisions of the probation of the offenders act, 1958 when the accused is convicted of the offence under section 304-a ipc in causing death of human beings by rash or negligent driving. ..... read over the charges for offences under sections 279, 337, 338, 304a ipc and 53/112 m.v.act for which accused persons denied and claimed trial ..... grant of compensation under section 357(3) with a direction that the same should be paid to the person who has suffered any loss or injury by reason of the act for which the accused has been sentenced as a substitute in all .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... section 2(i) of the act of 1986 which refers to the definition of sale of goods act and since jda deals with the said plot of land as goods sold in the trade or its `stock' of land bank, therefore, the petitioner jda is not only a `service provider' which is a widely defined term under section 2(o) of the act but it can also be construed to be `trader' dealing with `goods' and on account of defective `goods' or `defect in services', the district forum and the state commission ..... the complainant is a `consumer' as definedin section 2(d) of the act nor the petitioner jda is a `trader' or `service provider' as defined under section 2(q) of the act, nor any service has been provided to the complainant as defined under section 2(o) of the act and, therefore, the complaint filed under section 12 of the consumer protection act was not maintainable and this issue having not been decided by the state commission, this court in the present writ petitions can ..... of land or in the alternative to allot and handover alternative plot of land of same size in the same locality, at the same price and also to pay compensation and damages.24.section 67 of the jodhpur development authority act, 2009clearly provides for removal of encroachment on the public land and makes it a cognizable offence, punishable with not less than one month and upto two years of imprisonment and fine which ..... 3 was directed to hold inquiry against the responsible officers and employees of uit, jodhpur for deficiency in service .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... learned counsel for the petitioner submitted that the state election commission announced election schedule for 46 municipal bodies in the state of rajasthan and the model code of conduct came into force on 28.11.2014. ..... it is no doubt true that the public employer including the government has a right to suspend its employee at any time in contemplation or during the pendency of inquiry or during investigation or trial of criminal case, in which an employee is involved. ..... in spite of the state election commission having announced the model code of conduct which came into force on 28.10.2014, the respondent authorities issued yet another letter dated 29.10.2014 and transferred him from circle baap to circle bhopalgarh. ..... para 32 of the said judgment reads thus:- the principles of law enunciated hereinabove show that the every governmental action including purely administrative acts have to be free from arbitrariness. ..... dealing with as to how the power to suspend should be exercised observed that same should be passed after taking into consideration the gravity and seriousness of the offence, holding a preliminary enquiry, if possible and such an administrative act should be free from arbitrariness. ..... apply its mind to the nature of the allegation made against the employee, its gravity and seriousness, the record of 5 the government servant and the likely impact on service or the public interest of the alleged act of delinquency of the employee. .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... learned single judge failed to appreciate that sections 64(1) and 64(2) are having different fields for operation and under section 64(1) of the act of 1932 the registrar of firms can remove the mistakes of serious nature by adopting the procedure of inquiry given under rule 13 of the rajasthan partnership rules, 1952 (hereinafter referred to as 'the rules of 1952').per contra, as per learned counsel for the respondents the scope of section 64 of the act of 1932 has already been examined by this court in the case of ..... dated 07.02.2005 and 13.10.2006 recorded in the register of firms.where there is bona fide dispute about the documents and interpretation of various laws requiring recording of evidence, the matter cannot be adjudicated under section 64 of the act which being a summary proceeding, wherein only rectification of any apparent mistakes is permissible and in such matters.the proper cours.would b e to have the matter adjudicated by ordinary courts of law. . ..... therefore, no proceedings could have been initiated by the registrar for cancellation of the entry recorded in conformity with the provisions of section 63 of the act in the garb of the power conferred u/s.64 of the act for rectification of the mistakes and that too at the instance of one of the partners of the firm who is alleged to have retired after reconstitution of ..... of serious mistakes can be rectified by the registrar only after arriving at an absolute satisfaction about commission and existence of such mistake. .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... learned single judge failed to appreciate that sections 64(1) and 64(2) are having different fields for operation and under section 64(1) of the act of 1932 the registrar of firms can remove the mistakes of serious nature by adopting the procedure of inquiry given under rule 13 of the rajasthan partnership rules, 1952 (hereinafter referred to as 'the rules of 1952').per contra, as per learned counsel for the respondents the scope of section 64 of the act of 1932 has already been examined by this court in the case of ..... dated 07.02.2005 and 13.10.2006 recorded in the register of firms.where there is bona fide dispute about the documents and interpretation of various laws requiring recording of evidence, the matter cannot be adjudicated under section 64 of the act which being a summary proceeding, wherein only rectification of any apparent mistakes is permissible and in such matters.the proper cours.would b e to have the matter adjudicated by ordinary courts of law. . ..... therefore, no proceedings could have been initiated by the registrar for cancellation of the entry recorded in conformity with the provisions of section 63 of the act in the garb of the power conferred u/s.64 of the act for rectification of the mistakes and that too at the instance of one of the partners of the firm who is alleged to have retired after reconstitution of ..... of serious mistakes can be rectified by the registrar only after arriving at an absolute satisfaction about commission and existence of such mistake. .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... absolutely no material was placed on record to suggest that during the period when the single directive was not in operation, nor was section 6-a of dpse act on the statute book, cbi investigated frivolous and vexatious complaints against senior government officers or harassed any of them in any way ..... estoppel or resjudicata applies for a competent authority, if he once decides not to grant such sanction for prosecution of a public servant under section 19 of the prevention of corruption act, 1988, and later on grants it on a reconsideration of the same material or at the instance of a higher authority, is the ..... ., reported in (2014) 2 scc532 dealth with section 6-a of the delhi special police establishment act, 1946, (dspe act), also held as under: - no doubt, the rigour of section 6-a of dspe act has already been diluted by the issuance of the office ..... . that is why, the sub-section (3) of section 19 of the act of 1988, has provided that any error, omission or irregularity in the sanction for prosecution would not be fatal for such prosecution unless in the opinion of the court concerned, a failure of justice has resulted ..... 2014 13/16 authority is whether the facts placed before it which, in a given case, may include the material collected by the complainant or the investigating agency prima facie disclose commission of an offence by a public servant ..... . the competent authority cannot undertake a detailed inquiry to decide whether or not the allegations made against the public servant are .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... after hearing the accused persons framed -7- charges for commission of offences punishable under sections 365, 302/120-b, 201 indian penal code and 3/25 indian arms act against accused giriraj and shyam menaria. ..... argument advanced by learned counsel for the appellants with regard to these two accused persons is that not even a single circumstance has been definitely established, therefore, there is no question of having a chain of circumstances indicating only one conclusion i.e.involvement of the accused in the crime ..... @ rajendra and bhagirath gurjar were charged for commission of offences punishable under sections 365, 302/120-b and 201 indian penal ..... on basis of the report aforesaid, a case for commission of offence punishable under section 365/34 indian penal code was registered and during cours.of investigation accused giriraj was arrested on 22.4.2003 at 08:00 am and on the same day at 08:15 am accused raju ..... suresh jain were charged for commission of offences punishable under section 302/120-b indian penal code and 3/25 of the indian arms act. ..... shri sanjay shah then went to the house of giriraj, a friend of shyam menaria at about 02:00 am in the intervening night of 19.4.2003 and 20.4.2003 to have inquiry, but the house was bolted from inside and no response was given on calling. ..... accused bhagirath :- this accused has been convicted for an offence punishable under section 201 indian penal code and is sentenced to undergo give years rigorous imprisonment with a fine of rs.500 .....
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