Court : Rajasthan
Decided on : Dec-18-1997
Reported in : 1998(2)WLC456; 1998(1)WLN487
..... the case of the respondents nor there is any adverse report against the petitioner of this nature after verification of his antecedents. hence, i am of definite view that the petitioner has been wrongly denied appointment merely on the ground of pendency of two criminal cases, out of which in one he has been ..... a perusal of the said order goes to show that while acquitting the petitioner of the charge the court directed to issue a show cause notice under section 344 cr. p.c. to the complainant jai ram for filing a false report. about second criminal case it is informed that the same is still ..... without any positive result.3. the respondents, in their return, have taken the plea that due to pendency of two criminal cases under sections 394 and 392 ipc he was denied appointment as the offences related to moral turpitude. it is not in dispute that petitioner was acquitted in criminal case ..... this aspect. in that case the appellant matadin garg was denied appointment on the ground that he was an accused in a case under the essential commodities act in which he was ultimately acquitted. but this fact was concealed by him in the application form. the supreme court allowed the appeal, set aside ..... pending with no progress in trial as prosecution witnesses are not turning up in the court to give evidence.4. in light of above factual position the question that requires consideration is whether denial of appointment to the petitioner is just and legally sound?5. .....
Tag this Judgment!Court : Rajasthan
Decided on : Nov-19-1997
Reported in : 1998(1)WLC646; 1997(2)WLN675
..... person belonging to disciplined 'force requires special considerations. it cannot be examined like a civil case, where various other laws of various statutes e.g. evidence act, code of civil procedure or code of criminal procedure or principles of natural justice or provisions of article 311 of the constitution are applicable. the issue of ..... rights under the constitution, rather they are entitled to benefits of the liberal spirit of the constitution. the court observed as under:persons subject to army act are citizen of this ancient land having a feeling of belonging to the civilized community governed by the liberty oriented constitution. personal liberty makes for the worth ..... . however, if by holding them to be mandatory, serious general inconvenience is caused to innocent persons or general public, without very much furthering the object of the act, the same would be construed as directory.9. thus before the term 'shall' is given the meaning as 'may', the court is required to give an ..... the learned single judge has considered this aspect in great detail and came to the conclusion that the rules have statutory force and cannot be violated. sub-rule (4) of the said rules imposes a legal obligation upon the officer concerned to find-out whether non-compliance of the provisions of sub-rule (1) have caused ..... b.s. chauhan, j.1. this is an appeal under section 18 of the rajasthan high court ordinance against the judgment and order of the learned single judge dated 28.5.1997 passed in s. .....
Tag this Judgment!Court : Rajasthan
Decided on : Aug-01-1997
Reported in : 1998(1)WLC378; 1997(2)WLN195
..... of the petition filed by smt. bant kaur under section 125 cr. p.c. since the observations made by the learned sessions judge in impugned order are not intended to be final order, the learned magistrate ..... judge does not appear to be unjust or excessive having regard to the facts and circumstances of the case.13. for reasons mentioned above this petition under section 432 cr. p.c. has no force. it deserves to be dismissed and is hereby dismissed. the learned judicial magistrate is directed to expedite the healing ..... the petitioner because the petitioner had already solmnised his first marriage with smt. angrej kaur and that marriage is subsisting and according to the hindu marriage act neither spouse can contract a second marriage during the period the first marriage subsists.6. in order to support the allegation that the petitioner makhan singh ..... of maintenance awarded by the learned judicial magistrate was, however, reduced to rs. 400/- to 300/-.4. being aggrieved by the order passed by the learned additional sessions judge the petitioner makhan singh has approached this court under section 482 cr. p.c.5. the learned counsel for the petitioner has submitted that even if the ..... of falsehood. if inspite of this they persist in raising their cases on falsehood the learned judicial magistrate will be at liberty to act in accordance with the observation of hon'ble apex court. .....
Tag this Judgment!Court : Rajasthan
Decided on : May-28-1997
Reported in : 1997(1)WLN642
..... 2) which was of substantial nature, does vitiates the trial itself.25. for the reasons and in view of the above discussion, that a definite prejudice had been caused in non-observing the mandatory provisions of the army rules which were of mandatory nature. for the reasons mentioned, as the ..... nonsense when he had brought certain grievance of his about his weekly rest and other personal grievances. the delinquent officer had definitely stated in the summary evidence that he was asked to stay where he was, and lateron certain officers were called and he was arrested ..... shall not accept the guilty plea of the delinquent officer. in the present case, in the summary of evidence, delinquent officer had given a definite defence statement before major achappa that subedar jaswant singh, complainant had abused him in the name of his mother and asked him to stop the ..... conducted and sentence was passed, the petitioner had no chance of producing any defence or contacting any person for the purpose of defence. thus definitely the provisions in regard to providing the defence and opportunity of defence which are salutory provisions, have been violated. it is necessary to examine rule ..... and not providing him with opportunity of defence, was in violation of sections 24 to 27 of the indian evidence act; (vi) the petitioner was not released from arrest nor remanded for trial by a court martial by respondent no. 4 without unnecessary delay which was contrary to the provisions of rule 24( .....
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