Court : Rajasthan
Decided on : Sep-04-1995
Reported in : 1996CriLJ1202; 1995(2)WLN623
..... then they thought of going towards udaipur with the possible purpose of settling scores with sunder lal and party. this can hardly be said to be a definite conclusion.35. in paragraph-84 of the judgment of the trial court, the court has observed that on the assessment of evidence of manjeet singh (pw ..... had reached a conclusion that he was involved in the conspiracy along with the accused persons, his testimony would be that of accomplice. under section 114 of the indian evidence act is is a rule of prudence and practice which practically amounts to a rule of law that the evidence of an accomplice ought not ..... the court and were identified by mr. doongar singh. accused vijay singh and jalam singh having been sentenced to death were in jail.4. in view of proviso to section 366 of the code of criminal procedure, the death sentence cannot be confirmed until the appeal of the convicts is disposed of. the ..... position to speak or were unconscious. it was further pointed out that postmortem examination report relating to deceased chunni das revealed that injury no. 1 and 4 on his bodies were stiched wounds which meant that he was treated by some doctor before his death. the prosecution has not explained as to who ..... and cross-examined by the public prosecutor. dali chand (pw-11) and nand.lal (pw-19) were examined on the point of criminal conspiracy. kesav lal (pw-4), fateh lal (pw-5), heera lal (pw-6), hans raj (pw-8), lukman (pw-18) and lalu khan (pw-21) were examined as panchnama witnesses. .....
Tag this Judgment!Court : Rajasthan
Decided on : Sep-05-1995
Reported in : 1996CriLJ2015; 1996(1)WLC413
..... officer is conversant with the facts of the case and can satisfactorily depose in court on his behalf.(4) this section applies to the following government scientific experts, namely :-(a) any chemical examiner or assistant chemical examiner to government;(b) the chief inspector of explosive;(c) the director of the einger print bureau;(d) the director, haffkeine institute, bombay; (c) the director, (deputy ..... his report:provided that no such officer shall be summoned to produce any records on which the report is based.(3) without prejudice to the provisions of sections 123 and 124 of the indian evidence act, 1872 (i of 1872), no such officer shall, except with the permission of the master of the mint or the india security press or the controller ..... report, though admitted in evidence as ex.p. 10, could not be read as substantial evidence and could be used only for the purposes mentioned in sections 145, 157 and 159 of the evidence act and that once the post mortem report went out of the consideration, the conviction could not be sustained. reliance was placed on a division bench judgment of ..... to dispense with the avoidable waste of time and to facilitate the removal of obstruction in the speedy trial and is based on the rule of evidence contained in section 58 of the evidence act that the facts admitted need not be proved. if it is held that such a document can be used in evidence only for the purposes mentioned in .....
Tag this Judgment!Court : Rajasthan
Decided on : Sep-14-1995
Reported in : I(1996)DMC657; 1996(1)WLC179
..... act, 1954. such jurisdiction would now lie with the family court under section 7(2) and an order passed by it under that ..... divorce) act, 1986 was exercisable by a magistrate under the provisions of wakf ..... such rights was by way of an application under section 488 (now section 125) of the code of criminal procedure. the jurisdiction in respect of such matters would now lie under section 7(2) of the family court and the orders passed thereunder would be revisable under section 19(4) of the family courts act. similarly, jurisdiction under section 4 of the muslim women (protection of rights on .....
Tag this Judgment!Court : Rajasthan
Decided on : Sep-14-1995
Reported in : AIR1997Raj35
..... of admission to various medical and ayurvedic colleges. therefore, regulations which were framed with the approval of the central government in exercise of the powers under section 36 of the act by the central council have the force of law and will override the provisions of ordinance framed by the university and if anything is contrary tothe regulations ..... and practical in the prescribed subjects of. the first professional examination. (iv) a candidate failed in one or more subjects in examination shall be eligible to appear in supplementary examination. (v) candidates who fail to pass the first professional examination ..... on the third professional examination, (ii) the first professional examination shall be held in the following subjects : - 1. padarth vigyan 2. astanga sangharh (sutrasthan) 3. sanskrit 4. ayurved ka itihas 5. rachna sharir 6. kriya sharir. (iii) the candidates before presenting themselves for this examination shall obtain a certificate of completing the prescribed course of theory ..... examination is concerned, it is specifically provided that only those students who pass in all subjects shall be allowed to take on the third professional examination. sub-clause (iv) of regulation 8.1 specifically provides that the candidate, failed in one or more subjects in examination, shall be eligible to appear in supplementary examination. sub-clause (v .....
Tag this Judgment!Court : Rajasthan
Decided on : Sep-15-1995
Reported in : 1995(2)WLN116
..... definition of 'employee' under the act. the learned counsel for the appellant submits that the appeal undr section 82 of the act could only lie on a substantial quesiton of law and the learned single judge has entered into ..... . the learned single judge after surveying the case law on the point as to whether casual labourer fell within the definition of employee within the meaning of section 2(9) of the act has held that the persons engaged in loading and unloading of the trucks by the respondents did not fall within the ..... further contended that persons engaged in loading and unloaiding the trucks fell within the definition of employee under section 2(9) of the act. the e.i court found a point of determination as to whether contribution was payable under the act on the sum of rs. 8062 said to have been paid between july 1979 ..... facts and circumstances of the case could not be said that the person engaged in loading and unloading fell within the definition of 'employee' under section 2(9) of the esi act. this appeal has therefore, no force, it is dismissed. there shall be no order as to costs. ..... no further evidence on record as to the nature of the work of the labour enganged for loading and unloading the trucks or their contitions of engagement.4. in our opinion, it cannot be decided by an inference from, entries in the account books alone that certain employees were engaged and paid salaries .....
Tag this Judgment!Court : Rajasthan
Decided on : Sep-18-1995
Reported in : 1996(2)WLC296; 1995(2)WLN657
..... the learned special judge. as according to him the accused who is convicted and sentenced to imprisonment for life cannot claim benefit of the aforesaid section in view of the distinction between 'imprisonment for life' and 'imprisonment for a term. according to him, since in the present case the ..... -appellant in the instant case premeditated the murder of deceased hamer singh which falls within the definition of culpable homicide amounting to murder.32. the first comes mensrea or awareness of wrongful of an act with criminal intent of accused-appellant. as discussed in preceding paragraphs in detail that accused-appellant ..... 92 has recorded a finding of guilt against accused-appellant bhaje singh for committing homicidal death of hamer singh vide judgment dated 4.10.1994 convicting the accused-appellant under section 302, ipc and sentencing him for life imprisonment and a fine of rs. 200/-, in default of payment of fine ..... by the learned special judge is hereby confirmed and it does not require any interference under section 374(2) cr.p.c. the conviction and sentence recorded by the learned special judge on 4.10.94 is hereby affirmed and the instant appeal filed by the appellant is dismissed with ..... the modification that benefit of set off granted to the accursed-appellant under section 428 cr.p.c. is hereby refused for the reasons .....
Tag this Judgment!Court : Rajasthan
Decided on : Sep-20-1995
Reported in : (1997)IIILLJ712Raj; 1996(1)WLC322
..... generally economic, which results in inequality of bargaining power. such contracts will not fall within the four corners of the definition of 'undue influence' given in section 16(1) of the contract act, even though at times they are between parties one of whom holds a real or apparent authority over the other. ..... any substantial effect in the present case. the case of the petitioner cannot be said to be covered by clause (bb) of section 2(oo) of the act because of the aforesaid condition which has been held to be unfair and unreasonable by the labour court. i agree with the view taken ..... if they are unconscionable, unfair and unreasonable are injurious to the public interest. such a contract or its clause should be adjudged void under section 23 of the contract act on ground of being opposed to public policy.'10. in the manager, government branch press and anr. v. d.b. belliappa (1979-i ..... same were unconscionable or unfair. after making a lucid analysis of articles 14, 19 (a) and 41 of the constitution of india and section 21 of the contract act, 1872, the court held at p 204 :'an unconscionable bargain or contract is one which is irreconcilable with what is right or reasonable ..... of the back wages.4. learned counsel appearing for the petitioner contended that appointment of the non-petitioner workman was for a fixed term of contract and as such, it falls outside the definition of retrenchment as it is fully covered by clause (bb) of section 2 (oo) of the act. reliance is placed on .....
Tag this Judgment!Court : Rajasthan
Decided on : Oct-09-1995
Reported in : AIR1996Raj111; 1996(1)WLC633
..... 33. in my humble opinion the expression 'court of competent jurisdiction' inserted by amending act no. 104 of 1976 under sub-section (1) of section 39 and explanation added to it under sub-section (3) of the, said section means a court in whose jurisdiction the property is situated or the judgment-debtor resides or ..... hira lal patni v. sri kalinath, reported in air 1962 sc 199, where hon'ble supreme court while interpreting sections 21, 38 and 47, c.p.c. in para 4 ruled thus:-- '(4) xxxxx; the validity of a decree can be challenged in execution proceedings only on the ground that the court ..... the judgment debtor obtained an ex parte ad-interim stay order as follows:-- 'meanwhile, further proceedings in pursuance of order dated 16-4-1993 of the court below is stayed.' 8. i have heard the leaned counsel for both the parties at length and have critically perused the ..... the learned executing court has given cogent and convincing reasons in support of the aforesaid finding. 7. aggrieved against the impunged order dated 16-4-1993 the revisionist judgment debtor has filed the instant revision before this court which was admitted on 13-8-1993 and on the same day ..... judge after hearing learned counsel for both the parties rejected the said objection filed by the revisionist judgment debtor by his impugned order dated 16-4-1993 holding that transferors court has satisfied itself that transferee court has territorial jurisdiction, therefore, it is sufficient to hold that the tranferee court .....
Tag this Judgment!Court : Rajasthan
Decided on : Oct-11-1995
Reported in : (1996)IILLJ262Raj; 1996(1)WLC761
..... it to record reasons for not making the reference when the dispute has gone through conciliation and a failure report has been made under section 12(4) of the act. it is true that if the dispute in question raised a question of law, the appropriate government should not purport to reach a ..... termination of the services of an employee of an industrial undertaking on the ground that the employee concerned did not fall within the definition of the 'workman' under the act. the central government was, therefore, competent to look into the merit of the case and to form an opinion that the appellant ..... be disturbed as the high court was of the opinion that the tribunal has not committed any error of law in reaching the conclusion by discarding the definition of the term 'workman in bombay union of journalists and ors. v. state of bombay and anr. (supra) the supreme court held that ' ..... the appellant - petitioner is not a workman but no reason have been supplied by the central government in its order. sub- section (5) of section 12 of the act makes it obligatory on the appropriate government to record and communicate the reasons to the parties concerned for its decision in not making the ..... dispute as a preliminary step to the discharge of its functions. if the appropriate government refuses to make a reference then sub-section(5) of section 12 of the act casts a mandatory duty upon the appropriate government to record and communicate to the parties concerned the reasons for its refusal to make .....
Tag this Judgment!Court : Rajasthan
Decided on : Oct-12-1995
Reported in : (1996)IIILLJ150Raj
..... not in favour of the respondents. the termination of their services would have been out side the definition of retrenchment in view of the amendment of the definition of retrenchment by addition of clause (bb) to section 2 (oo). the amended provision came into effect from august 18. 1984 and by that time ..... filing a second appeal under section 100 or the code of civil procedure would be a cumbersome remedy and therefore, they would not opt for that. it was also contended ..... had held that the termination of the services was illegal retrenchment for violation of section 25f of the industrial disputes act, 1947 and. therefore, respondents contended that they had a good case before the labour court also but since 4 years have elapsed, it would not be proper for this court to ask ..... appellate court dismissed the appeal on the ground that the civil courts had no jurisdiction in view of the special remedy provided by the industrial disputes act, 1947. the petitioners filed these petitions in the year 1988 taking a stand that they had a good case in the civil courts also but ..... the respondents services had already been terminated. the new definition cannot be applied to these cases otherwise it could .....
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