Court : Rajasthan
Reported in : AIR1973Raj322; 1973()WLN448
..... judge, there could beno question of the trial court giving any notice of the proceedings to the devas-than commissioner. apart from this section 72 occurs in chapter xiii of the act according to sub-section (3) of section 1 of this act chapters i, ii, iii, and iv came into force at once and according to sub-section (4) of section 1 ..... on the basis of other financial factors and according to sub-section (7) of section 1 chapters xii and xiii of the act shall commence to apply in relation to the provisions of each of the other chapters on the date on which such other chapter comes into force. now the government issued the notification on 28-6-62 in the rajasthan ..... gazette part-c dated 28-6-62 specifying that tile act shall be applicable to those trusts whose gross annual income is not .....
Tag this Judgment!Court : Rajasthan
Reported in : [1989(58)FLR217]; (1994)IIILLJ922Raj
..... from september 10, 1976. it is apparent from the application (annexure-9) moved under section 33c(2) of the act and its accompanying chart that the petitioner has claimed his wages of the period from may 21, 1975 to september 9, ..... but the respondent refused to pay the same. thereafter, he moved application (annexure-9) under section 33c(2) of'the act before the industrial tribunal-cum-labour court, jodhpur. the respondent no. 1 filed his reply (annexure-10). during the hearing ..... provisions of section 33c(1) of the act can be invoked for the recovery of the determined amount. it has been observed in nityanand m. joshi v. life insurance corporation 1970 (20) f.l.r. 153 : 1969 (2) llj 711 (s.c) ..... as follows:'it is plain from the wording of sub-section (1) and sub-section (2) of section 33c that the former sub-section deals with cases where money is due to a workman from an employer under a settlement or an award or under the provisions of chapter .....
Tag this Judgment!Court : Rajasthan
Reported in : (1995)ILLJ978Raj
..... extensive with that of an ordinary civil court. the argument is noted to be rejected. law is well settled that authority under the payment of wages act enjoys limited jurisdiction to decide controversies relating to illegal deductions and delayed payment of wages and matter incidental thereto. the ambit and scope of jurisdiction had ..... different periods which according to him was payable to him. all the applications of the petitioner have been dismissed by the authority under payment of wages act, bikaner (hereinafter to be called 'the authority'), on the ground that dispute raised in the proceedings required determination of complicated question of fact and law ..... taking evidence and enforcing attendance of witness and also for the purpose of section 195 and of chapter xxvi of the code of criminal procedure, 1973. except for such limited purposes, the authority under the act is properly speaking a quasi-judicial tribunal having limited jurisdiction over the subject-matter provided under the .....
Tag this Judgment!Court : Rajasthan
Reported in : 1996CriLJ1920; 1996WLC(Raj)UC522
..... any previous stage of the case, the magistrate is of opinion that there is ground for presuming that the accused has committed an offence triable under this chapter, which such magistrate is competent to try and which, in his opinion, could be adequately punsihed by him, he shall frame in writing a charge against ..... to be proceeded against the punished accordingly.provided that nothing contained in this subsection shall render any such person liable to any punishment provided in this act, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence ..... appreciate the contentions raised on behalf of the petitioner, necessary facts are narrated.m/s. fancy stones (india) limited is a company incorporated under the companies act. the company is engaged in the business of preparing/manufacturing marble slabs and marble tiles having its factory at village pasund, distirct udaipur. the factory was inspected .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2005(4)Raj2433; 2005(4)WLC34
..... ; (iii) rectification of the instruments; (iv) rescission of contract; (v) cancellation of instruments and (vi) declaratory decrees. these are contained in the respective chapters in part-ii of the act, whereas part-iii deals with another branch of equity, that is preventive relief by way of injunction. while specific relief compels the party in default to carry out ..... v. om prakash jawal and ors.: air 1996 sc 2150, the hon'ble supreme court considered the balance of equities wherein a suit was filed in the year 1970 for specific performance and alternatively damages for sum of rs. 12,000/-. the courts below had granted decree for specific performance and the appellant offered an amount of rs ..... 18 biswas situated at ranasar pavaran, tehsil sardar shahar was of the defendant who being in need of money, on sawan budi 12, svt. 2027 (= 30.7.1970) agreed to sell 27 bighas and 18 biswas of land on the eastern side of this field after retaining 25 bighas for himself for a consideration of rs. 1500/- .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2005(2)Raj1133; 2005(2)WLC638
..... that, by grave and sudden provocation, he was deprived of power of self-control.83. the general exception are those applicable to all crimes and are laid down in chapter iv of the indian penal code. the special exception are those which are restricted to particular crime. the present case is a case of special exception.84. section 105 ..... , air 1974 sc 773duty of court where plea of general exception is not pleaded but coming forward from record92. even when the accused denies, in toto, the act or acts alleged, if evidence of the existence of circumstances bringing the case within a general of circumstances bringing the case within a general or special exception is to be found ..... case of prabhu (supra), was further re-considered by full bench of allahabad high court consisting of 9 judges in the case of rishikesh singh v. state, air 1970 all 51 and full bench of allahabad high court came to the conclusion that law laid down in prabhu's case (supra), calls for elucidation and not amendation and .....
Tag this Judgment!Court : Rajasthan
Reported in : 1972WLN224
..... the appellant appeared, to be guilty of serious misconduct, it was their duty to lodge such a report and proceed further in the investigation according to chapter xiv of the code. their omission to do so cannot prejudice the appellant and the state ought not be allowed to take shelter behind the plea that ..... he would be subjected to undue harassment learned deputy government advocate submitted that when this court has already taken a decision by its judgment, dated may, 21, 1970, it is not within its competence to give a fresh mandate. his further argument is that the allegations against the petitioners are serious in nature and, therefore ..... the steps taken in the preliminary enquiry were grossly irregular and unfair, the accused cannot complain because there was no infraction of the rules of the evidence act or the provisions of the code. (criminal procedure code).their lordships further observed that the grant of pardon to the witnesses, being highly irregular and unfortunate, was not .....
Tag this Judgment!Court : Rajasthan
Reported in : 1973(6)WLN906
..... be assigned in the context in which it is used. even the supreme court has recognised that the distinction between area or route has not been preserved in chapter iv-a of the act the particulars of the routes in respect of which the draft scheme was proposed are contained in ex. p-15 and the concerned parties have even filed objections ..... notification. having given my careful consideration to this argument i am of the view that this contention has no force. even prior to the amending act no. 56 of 1969 (which came into effect on 2-3-1970) by which the definition of area and route were amended, the terms route and area found place in section 68 c of the motor ..... vehicles act and, therefore, it can be reasonably inferred that the term 'route' was not used in section 68-g of the m.v. act as per the amended definition. in .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2004(3)Raj1514; 2004(1)WLC290
..... self defence in criminal law. centuries ago thinkers of this great land conceived of such right had recognized it. attention can usefully be drawn to versus 17, 18, 20 in chapter 16 of the garuda purana (a dialogue suggested between the divine and garuda, the bird) in the words of the divine:. ...............'12. thus, from the above observations of ..... . f.12(12)fd(gr.2)/82 dated 24.8.89 by inserting entry no. (viii) under heading (d) 'complicated heart surgery cases' as the last para of finance department memorandum no. f.12(1)fd(gr.2)/89 dated 21.2.1989.(ii) that the plea that because the petitioner-appellant has not obtained a certificate before availing ..... not be denied on the ground that because the petitioner instead of waiting in queue and spending time in seeking a clarification from a local hospital has decided to act with promptitude in the interest of self preservation by taking his wife immediately to an institute approved by the state govt.14. apart from this, there are three .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1987Raj83; 1987(1)WLN272
..... lawyer that the constitution-makers were not satisfied with the rights created by the successive codes of criminal procedure. the constitution-makers introduced it in the fundamental rights chapter so that no tyrannical regime could curtail or destroy it. article 22 declares that no accused shall be denied the right to consult and to be defended by ..... its earlier judgment, except to correct clerical errors. in face of the all pervading dictum there is no option but to hold that lal singh's case (air 1970 punj & har 32) (supra) can no longer hold the field and is hereby overruled. consequently the answer to the first question has to be rendered in the ..... a writ of habeas corpus or other appropriate writ.there are indignant critics who charge that by an over-expansive interpretation of article 21, the supreme court is acting as a super-legislature and is dabbling in matters outside its legitimate sphere. these critics forget that it is the proverbial tardiness of legislatures and the inertia, .....
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