Court : Rajasthan
Decided on : Feb-06-1989
Reported in : 1989WLN(UC)302
..... contended that on the totality of the evidence and material on record, the trial court was justified in holding the accused-appellant guilty for the offence of section 376, ipc. according to the learned public prosecutor, the statement of smt. geeta devi is full of corroboration with the evidence of buxaram and bhopal ..... more, the prosecution witnesses in their anxiety to go whole hog to support the charge are prone to exaggerate matters and, thus, the trial court acted upon beyond parameters of criminal jurisprudence in such sexual offences as a basis for a finding of guilt, which requires to be rectified by this court warranting ..... default, 3 months' r i) by quibbling legalities about poor corroboration, consent and false implication to devalue their credibility.2. the broad facts bearing on the instant act of carnal assault will help delineate the controversy of culpability. this screaming victim in her first information lodged at police station laxmangarh (sikar) on 23rd january, 1980, .....
Tag this Judgment!Court : Mumbai
Decided on : Feb-07-1989
Reported in : [1989(59)FLR95]; (1995)IIILLJ230Bom
..... behaviour of respondent no. l was brought to the attention of the tribunal only with a view to sustain the action of the management. sub-section (3) of section 5 of the act specifically provides that the management could terminate services of the probationer if during the period of probation the work or behaviour of any probationer is found ..... before period of two years, his service was terminated with effect from september 1, 1984 on the ground that his work was found unsatisfactory. sub-section (3) of section 5 of the act enables the management to terminate the service of a probationer during the period if the work or behaviour is found not satisfactory. the tribunal, in the ..... submission of the learned counsel on the basis that respondent no. 1 was appointed in a clear vacancy and which was also a permanent one. sub-section (2) of section 5 of the act provides that every person appointed to fill a permanent vacancy shall be on probation for a period of two years. the respondent no. l was .....
Tag this Judgment!Court : Rajasthan
Decided on : Feb-07-1989
Reported in : 1(1989)WLN(Rev)437
..... be no doubt that so far as the mortgagee of tenancy rights is concerned he will be only tenant within the meaning of clause (43) of section 5 of the tenancy act during the subsistence of mortgage and the mortgage stands redeemed or extinguished after the specified period and he will he liable to eviction as a trespasser but ..... rights shall continue to be tenant during the subsistence of mortgage as under the other provisions of the tenancy act and more so section 43 of the tenancy act, after the expiry of the period specified in the mortgage or twenty years from the date of execution thereof, which ever period is less, the ..... was the duration of the mortgage and therefore it can be said that no period of mortgage was specified. 'tenant' is defined in clause (43) of section 5 of the tenancy act and there can be no dispute that except where the contrary intention appears it shall include a mortgagee of tenancy rights also. a mortgagee of the tenancy .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Feb-07-1989
Reported in : 1990CriLJ299
..... thereby, the first respondent committed willful disobedience of the orders of this court, liable to punishment under s. 12 of the contempt of courts act (act 70 of 1971), for short, 'the act'. when the contempt case came up for admission on january 17, 1989, the counsel was absent. it was adjourned to next day. even on ..... entertaining a contempt application is a step in the process of adjudicating whether the contemmnor has committed the offence of civil or criminal contempt punishable under the act undermining the dignity of justice. power to punish the contemner for contempt of itself which is inherent in the court of record includes power to dismiss the ..... of inherent power would be to elongate the constitutional purpose viz., in an appropriate case, to exercise the inherent power inconsistent with the provisions of the act an the rules to do substantial justice or to prevent miscarriage of justice. as stated earlier, the rules of procedure are only handmaid to render substantial justice .....
Tag this Judgment!Court : Mumbai
Decided on : Feb-07-1989
Reported in : 1990(1)BomCR265
..... application was filed by the landlord (predecessors-in-title of the respondents) for recovery of possession of the suit lands from the petitioners under section 14 read with section 29 of the tenancy act, after giving necessary yearly notice to the tenants in that behalf.(d) that the tenancy aval karkun did not reject the application at all ..... and the tribunal ordered that 32-g proceedings should be kept pending till the present respondents' application for restoration of possession filed under section 14 read with section 29(2) of the tenancy act was decided.it is against this order that the tenants have filed these two petitions in this court.i may mention here that the ..... officer was applied for by the landlords on 18th february, 1974. mr. pai's contention is that the agricultural lands tribunal started proceedings under section 32-g of the tenancy act in the year 1972 which was the reason why the landlords wanted to start the proceedings for the restoration of the lands. according to him, .....
Tag this Judgment!Court : Rajasthan
Decided on : Feb-07-1989
Reported in : 1990(1)WLN489
..... the general hospital, kota where he was admitted for treatment. despite medical help umrao khan did not survive and breathe his last on 26-7-1985. the police added section 302 ipc during investigation. the investigating officer visited the site and prepared the site plan. the inquest report of the victim's dead body was prepared. the post ..... sufficient in the ordinary course of nature to cause death. the offence, therefore, even if the right of private defence is denied to the appellants does not travel beyond section 304 ipc. in reply, the learned public prosecutor strived hard and made all efforts to support the conviction to the appellants.6. since mr. gupta did not challenge ..... members of his family when they visited the field in dispute. in these circumstances, only knowledge can be attributed to the appellant dhanna lal that be did an act which is likely to cause death but without any intention to cause death or to cause such bodily injury as is likely to cause death. in that event, .....
Tag this Judgment!Court : Chennai
Decided on : Feb-07-1989
Reported in : (1989)ILLJ470Mad
..... of to set at naught the operation of the statutory prescriptions. by the very force of the prescriptions, they stand applied to every case governed by the act. section 19 empowers the government to make rules in this behalf. the rules have been made. the rules take in the forms. the non-compliance with the ..... it so wilful or due to inadvertence, cannot be pressed forth to avoid the statutory prescriptions. we have appreciated and stressed the overriding effect expressed in section 22 of the act in t. chandrasekaran v. the committee of management ofpachaiyappa's trust, madras and ors (supra).11. learned counsel for the private school would also contend ..... the first - respondent tender his resignation voluntarily?on question no. 1, the learned single judge opined that the set of expressions 'otherwise terminated' occurring in section 22 of the act, would only mean 'termination brought about by the action of the management' and not by a voluntary resignation of the teacher. on question no. 2, .....
Tag this Judgment!Court : Chennai
Decided on : Feb-07-1989
Reported in : (1989)2MLJ229
..... of to set at naught the operation of the statutory prescriptions. by the very force of here prescriptions, they stand applied to every case governed by the act section 19 empowers the government to make rules in this behalf. the rules have been made. the rules take in the forms. the non-compliance with the formality ..... did the first-respondent tender his resignation voluntarily?on question no. 1, the learned single judge opined that the set of expressions 'otherwise' terminated occurring in section 22 of the act, would only mean 'termination brought about by the action of the management and not by a voluntary resignation of the teacher. on question no. 2, the ..... from the headmaster by exercise of threat or coercion, rendered a finding against the headmaster. however, on the question of prior approval, as contemplated under section 22 of the act, the third respondent held that even a case of a teacher going out of service on his own resignation would come within the set of expressions ' .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on : Feb-07-1989
Reported in : (1991)(31)ECC326
..... cumin seed), dhania (coriander seed), panmohuri (ani seed), methi (fenugreek), postak (papavar rhoeas) and pippali (long paper) are oil seeds within the meaning of section 14 of the central sales tax act, 1956. section 14(vi) defined oil seeds thus :- "oil seeds, that is to say, seeds yielding non-volatile oils used for human consumption, or in industry, or ..... includes" what it defines, but, in that case, the definition itself is not complete. in the case before the court, entry no. (iv) in section 14 of the central sales tax act spelt out all the various categories of goods covered by the entry. it read : the supreme court goes on to observe that the words "that is ..... should not be given effect to from 28-2-1982 and why the amount of duty short levied should not be recovered from them under section 11a of the central excises & salt act, 1944. the respondents were allowed to avail themselves of the procedure for provisional assessment as laid down in rule 9b. by their reply dated .....
Tag this Judgment!Court : Gujarat
Decided on : Feb-08-1989
Reported in : AIR1990Guj142; (1989)2GLR909
..... is a distinction between 'state' and the government. this distinction has been lost sight of by the learned district judge.5. government is defined in section 23 of the general clauses act, 1897 which reads as under: -'(23) 'government' or 'the government shall include both the central government and any state government ..... .'section 32 of the bombay civil courts, act, 1869 inter alia provides that no subordinate court other than the court of civil judge (s.d.) and no court of small causes shall ..... subject to the supervision and control of the government. 'panchayat', 'state government' and 'central government' are separate legal entities. the provisions enacted by bombay civil courts act, 1869 for filing suits against the state government and central government are not applicable to panchayats. in view of the aforesaid position, the decision rendered by the learned .....
Tag this Judgment!