Court : Rajasthan
Decided on : May-18-2001
Reported in : 2002CriLJ749
..... in gurbux singh (2001 cri lj 1166) as also in baldev singh (1999 cri lj 3672) (supra) has mandated that if compliance of mandatory provisions of section 50 of the act is not made, the prejudice to the accused is writ large and vitiates the trial, yet i have embarked upon the exercise whether the remaining evidence is ..... informed before his personal search that he had a choice to be searched either before nearest magistrate or before a gazetted officer of the department mentioned under section 42 of the act.9. though above mandatory requirement is not found in ex.p6 and has not been supported by ocular testimony of pw1 jagat singh and pw2-jamna lal ..... -1996. upon examination, vide report ex.p10, it was found to be having 'morphine' 4.73% and therefore, was detected as opium within meaning of section 2(xv)of the act.5. the accused was challaned and charged for the above offence. upon his claiming trial, prosecution examined 9 witnesses and exhibited as many documents. in his statement .....
Tag this Judgment!Court : Rajasthan
Decided on : May-31-2001
Reported in : 2002(5)WLC833
..... time to time. section 30 provides for supercession of council. section 32 provides for making the regulations to carry out the objects of the act. sub- section (2) of section 322 provides that appointment and terms and conditions of service of officers and other employees of the council under ..... discharging its functions as may be assigned to it by the council as may be determined by the regulations. section 20 provides for the regional committees. section 29 provides that the council shall in discharge of its functions and duties under the act be bound of such directions on questions of policy as the central government may give in writing to it from .....
Tag this Judgment!Court : Rajasthan
Decided on : May-22-2001
Reported in : 2001(3)WLC749; 2002(1)WLN359
..... lordships of the supreme court in mohd. ramzan v. state of delhi : 1980crilj1010 ruled that the onus to establish his plea of private defence under section 105 evidence act on an accused person, is not as onerous as the unshifting burden which lies on the prosecution to establish every ingredient of the offence which the accused ..... members of the assembly knew to be likely to be commited.18. in the case on hand as already stated, a criminal case of criminal trespass under section 447 alongwith sections 147, 148, 149, 324 and 323 ipc was registered against the deceased nand lal, ram bilas, prabhu lal, bhanwar lal, kailash, kalyan and prema ..... 323/149 ipc against the appellants who denied charges and claimed trial. the prosecution examined as many as 24 witnesses. thereafter explanation of the accused appellants under section 313 cr.p.c. was recorded. the accused denied the allegations and claimed that the complainant party inflicted injuries on their persons. the accused examined one defence .....
Tag this Judgment!Court : Rajasthan
Decided on : Jul-17-2001
Reported in : 2001(3)WLC269; 2002(3)WLN174
..... a judge in a civil court.138. a combined reading of these provisions would go to suggest that the high court in exercise of its authority under sub-section [3) of section 11 of the criminal procedure code, 1973 is empowered to confrerr powers of the judicial magistrate first class and may constitute a class of person to be appointed on ..... . the term 'recruitment' connotes and clearly signifies enlistment, acceptance, selection or approval for appointment and not actual appointment or posting in service while 'appointment' means an actual act of posting a person to a particular office.128. on earlier occasion, punjab and haryana high court in gurdev singh v. state of punjab 1968 slr-538 had said: ..... sharad chandra's case [supra] and it was not open for them to have undertaken interpretation of rule 22 and take a different view of the matter, and act on principle that a munsif though not promoted, yet if he is senior to person promoted as civil judge, as a munsif, he will be senior as member .....
Tag this Judgment!Court : Rajasthan
Decided on : Sep-15-2001
Reported in : RLW2003(3)Raj1670; 2002(1)WLC593; 2002(2)WLN179; 2002(4)WLN310
..... case the court said while considering the question of nature of power conferred on commissioner to reduce or waive penalty imposed/imposable under the i.t. act 1961: 'a reading of provisions of section 271 (4a) (....) will indicate that it is a power coupled with a duty to do justice and the commissioner is under statutory obligation to ..... has been statutorily recognised by parliament is including such practice to be an unfair labour practice under the industrial disputes act, 1947. entry 10 in schedule v of the act read with section 2(ra) the act of 1947 inserted vide amending act no. 46 of 1982 and made operative with effect from 21.8.84. 23. the very term 'unfair ..... shown to exist. we have also found as discussed above that in the present case the petitioner respondent has established that he otherwise fulfills all such conditions for invoking section 25(7) of the rules of 1957, he has also established that in fact he had been discharging duties of a clerk since 1985, though labelled as ' .....
Tag this Judgment!Court : Rajasthan
Decided on : Apr-04-2001
Reported in : 2001(4)WLN189
..... appellant's presence with a danda in hand is a most important incriminating circumstance against the appellant. the conduct of the appellant is admissible under section 8 of the evidence act. not only this an extra judicial confession has also been made by the appellant before this witness, saying that there was nothing wrong if he ..... found panna ram standing with a kulhari in his hand and smt. teeja was lying on the ground. this conduct of the appellant is relevant under section 8 of the evidence act. it is also submitted that the appellant even did not attended the funeral of his wife and absconded is an important incriminating circumstance against him.5 ..... the charges leveled against him and claimed trial. the prosecution in support of the case examined 18 witnesses and produced certain documents. appellant in his statement under section 313 cr.p.c. denied the correctness of the prosecution evidence appearing against him. he also stated that a false report has been made at the instance .....
Tag this Judgment!Court : Rajasthan
Decided on : Jul-16-2001
Reported in : 2001(3)WLC609; 2002(3)WLN118
Keshote, J.1. This matter was admitted on 30th March, 2000. On 31st March, 2000, the office directed the petitioner to file process fee and notices by 22nd April, 2000. This has not been done which is apparent from the report of the office dated 24.4.2000. On 25th April, 2001, the matter was ordered to be come up before Registrar on 30.5.2000. On 30.5.2000 two weeks time was granted to the petitioner for filing process fee and notices. On 1st June, 2000, the matter was ordered to place on 12th July, 2000 with required report. From the office report of 13th July, 2000, I find that process fee and notices have not been filed by the petitioner by that date. On 13.7.2000, the matter was directed to be placed on 14th August, 2000 in court. Still the processfee and notices have not been filed, as it is clear from the report of office dated 16.8.2000. Matter was not come up for order in Court on 14.8.2000. On 17.8.2000, the matter was directed to be placed in court for 21.9.2000. By 20.9.2000...
Tag this Judgment!Court : Rajasthan
Decided on : Nov-20-2001
Reported in : RLW2003(1)Raj360; 2002(1)WLC554
..... and the respondent corporation the appellants are entitled to any relief and if yes, what shall be the relief?3. in exercise of the powers vested under section 45 of the road transport corporation act, 1950, the respondent corporation has framed the regulations regarding the conditions of appointment and service of the persons appointed to the services and posts in connection with ..... promotion post is station incharge/assistant traffic inspector. the respondent corporation by its order dated 24.6.1997, in exercise of the powers vested in it under section 45(2)(c) of the act of 1950 has issued the amended schedule of the posts which can be filled in by direct recruitment as well as by promotion in the respondent corporation. there .....
Tag this Judgment!Court : Rajasthan
Decided on : Feb-13-2001
Reported in : [2001]119TAXMAN614(Raj)
..... the company by the appellant also does not arise since the company sends dividend to the person in whose name shares are ultimately registered as per section 206 of the companies act. the actual delivery of shares having taken place in the purchase and sales of shares, the matter regarding difference having been paid is of ..... after taking delivery, according to the association rules'. all these shares had been delivered in the blank shape i.e., blank transfers, recognised by section 108(1a) of the companies act. this aspect of the matter has been discussed in details in the written submissions made by the learned counsel for the appellant. thus, all transactions ..... in transactions of a certain kind. it may be that such transactions are not speculative in the light of section 30 of the contract act....******.. in enacting the explanation 2 of section 24(1) of the income tax act, the legislature did not intend to affect any transaction of sale wherein the goods were not physically delivered by .....
Tag this Judgment!Court : Rajasthan
Decided on : Oct-10-2001
Reported in : (2002)172CTR(Raj)707
..... and water resources in the state of rajasthan and for other matters connected therewith or incidental thereto.'11. the word 'land development' has been defined under section 2(j) of the act as, under :'(j) 'land development' means any of the following works,(i) construction, renovation, re-designing, re-aligning and lining of water courses;( ..... law, answer to which is self-contained or obvious, need not be made a subject-matter of reference.9. as per the requirement of section 10(20a) of the act, unequivocally what is needed to be seen for the purpose of invoking it is that the authority claiming exemption must be constituted in india by ..... there is no warrant to exclude all development programmes relating to any industry from the purview of the word 'development' in the said sub-section. there is no indication in the act that development envisaged therein should confine to non-industrial activities. development of a place can be accelerated through varieties of schemes and establishment of .....
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