Court : Rajasthan
Reported in : [2007(113)FLR37]
..... be no case for violation of sections 25-f and 25-g of the act. he has relied upon the basic resolution of the gram panchayat dated 13th february, 1980 to argue that the respondent-workman was engaged only ..... for the purpose of famine relief works which were executed by gram panchayat and his work was confined to one or two ..... therefore, ordained upon all the gram panchayats not to engage anyone as assistant secretary. the learned dy. government advocate has argued that the petitioner was basically engaged in the famine relief works which category of work is excluded from the purview of the industrial laws and, therefore, when the industrial disputes act was not applicable, there could .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2009(1)Raj28
..... 30 and report about the place where the knife was recovered ex.p/31 was prepared. the information given by the accused under section 27 of the evidence act were recorded before effecting the recoveries. the articles were sent for chemical examination to the forensic science laboratory from where the fsl reports were obtained. after completion of ..... trial court considered other circumstance against the appellant that the appellant's pant and shirt were recovered in pursuance of the information given under section 27 of the evidence act (recovery memo ex.p/25) and the pant and shirt of the appellant had blood stains over them. appellant chetan was wearing pant and shirt at the ..... the soil, the trial court rightly held that the said recoveries were not in pursuance of any information given by the appellant under section 27 of the evidence act. in addition to the above, it will be worthwhile to mention here that how the investigating agency came to know about this evidence, has not been explained. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR2009Raj66; RLW2009(3)Raj2128; 2009(1)WLN146
..... the compensation to appellant can be denied when he is entitled to only minimum compensation, which is normally awarded as per the schedule appended to the motor vehicles act, 1988. some deductions have been made while awarding compensation due to death of two daughters but for that, the reasonings are applied. in the present case, ..... cause of action accrued for the claimant to claim compensation from the insured during lifetime of the insured and by virtue of section 155 of the motor vehicles act, there is no bar against raising claim for compensation against the estate of the deceased and insurer. the estate of deceased is represented by his natural heir ..... the deceased ashok kumar and site report. no evidence was produced by any of the non-claimants-respondents. the tribunal after considering the plea of the respondent of act of god and documentary evidence, held that the driver of the vehicle ashok kumar was negligent and driving the vehicle rashly, which caused the death of 6 persons .....
Tag this Judgment!Court : Rajasthan
Reported in : 2002(4)WLC643; 2003(3)WLN334
..... .16. looking to the nature of the weapon of offence used by the accused and the injuries inflicted on the person of the deceased, we are satisfied that his this act by which death of ram pratap was caused with the intention of causing such bodily injury as is likely to cause death.17. for the foregoing discussion we set aside ..... inflicted by the accused on the head of the deceased but in the facts of this case it cannot be said that the accused did take any undue advantage or acted in a cruel or un-usual manner. the deceased put stone to divide their fields and the incident took place at the spur of the moment. the accused appellant can ..... no. 103/90 (ex. p. 2) was registered at police station, sangod, district kota, under section 307 of the ipc and section 3 of the sc & st (prevention of atrocities) act, 1989 against the accused appellant. injuries caused by the accused appellant on the person of the deceased ram pratap were examined by dr. prem chand khandelwal (p.w. 10) who .....
Tag this Judgment!Court : Rajasthan
Reported in : 1997(2)WLC309; 1997(1)WLN110
..... by resorting to litigation. the contractor, therefore, did not succeed in warding off the possible damage to the machineries. under section 73 of the contract act, the arbitrator was right in compensating the contractor in respect of capital investment made by him. if the appellants would have allowed the contractor to shift ..... reply. the letter written by the respondent for appointing of the sole arbitrator remained unreplied. the respondent, therefore, filed an application under section 20 of the act before the learned distt. judge, jaisalmer praying that shri jagdish gehlot may be appointed as sole arbitrator to adjudicate the disputes that have been arisen between ..... , all his rights and claims under the contrary shall be deemed to have been extinguished and waived.subject as aforesaid, the provisions of the arbitration act, 1940 or any statutory modifications or re-enactment thereof and the rules made thereunder for the time being enforce shall apply to the arbitration proceedings under .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2007(1)Raj550
..... with their assistance closely scanned the judgment of learned trial judge and the other materials on record.4. it is the prosecution case that hajari lal (pw-2) administrator of gram panchayat baswada forwarded a written report to police station lakheri on january 30, 1993 through one ram niwas for taking into custody a dead body that was lying on the ..... ) committed murder of her husband, raped her and forcibly took her anklet and nose pin. the police aided sections 376 nd 394 ipc along with section 3 sc/st (pa) act, 1989 and investigation commenced. necessary memos were drawn, statements of witnesses got recorded, the appellants were drawn, statements of witnesses got recorded, the appellants were arrested and on completion of .....
Tag this Judgment!Court : Rajasthan
Reported in : 1992(1)WLC65; 1991(2)WLN318
..... respectively. it was further contended that the land allotted to the various persons was regularly cultivated and when the petition no. 240/83 was filed, crops of wheat, gram & sarson were standing as mentioned in the petition itself.4. it is submitted by the learned counsel that the deputy secretary, on behalf of respondent no. 1, ..... therefore, the individual petitioners received no land and are not entitled to retain the same. it is pointed out that under section 88 of the rajasthan tenancy act, the allottees could have filed regular suit for declaration of their tenancy rights, therefore, the writ petitions filed by them are liable to be dismissed on this ..... -servicemen, as their legal heirs, shall also be treated to have acquired lawful title & possession of the said lands as pattedari tenants under the provisions of the act, 1945. the respondents are further directed not to charge from the petitioners any amount in contravention of the terms & conditions of anx. 1 mentioned above. all .....
Tag this Judgment!Court : Rajasthan
Reported in : 1991(2)WLN35
..... respectively. it was further contended that the land allotted to the various persons was regularly cultivated and when the petition no. 240/83 was filed, crops of wheat, gram & sarson were standing as mentioned in the petition itself.4. it is submitted by the learned counsel that the deputy secretary, on behalf of respondent no. 1, ..... therefore, the individual petitioners received no land and are not entitled to retain the same. it is pointed out that under section 88 of the rajasthan tenancy act, the allottees could have filed regular suit for declaration of their tenancy rights, therefore, the writ petitions filed by them are liable to be dismissed on this ..... ex-servicemen, as their legal heirs shall also be treated to have acquired lawful title & possession of the said lands as pattedari tenants under the provisions of the act, 1945. the respondents are further directed not to charge from the petitioners any amount in contravention of the terms & conditions of anx. 1, mentioned above. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1980WLN(UC)152
..... this court, in indar mal v. babulal , took the view that the court has inherent power to grant inch interim allowance in suitable cases under the act the learned district judge, by his order dated october 18, 1977 fixed rs. 130/- per month as interim maintenance for the petitioner and her son. it is relevant to mention ..... recounted here(sic) the petitioner is a widow daughter in-law of the respondent. she filed a suit under section 19 of the hindu adoption and maintenance ace, (act no. 78 of 1956) (hereinafter referred to as 'the act'), for grant of maintenance to her and her minor son. there is no specific provision for the grant of interim maintenance under the .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR2005Raj48; RLW2005(2)Raj953; 2005(1)WLC285
..... of ownership and the fact that other portion of the house is in possession of the defendant is not sufficient to disturb the presumption in plaintiffs favour. in gram panchayat of village naulakha,v. ujagar singh, air 2000 sc 3272 it was held that decision in a suit for injunction is not binding on question of title ..... that the first appellate court reversed the findings without meeting cogent and convincing reasons given by the trial court is devoid of merit. article 65 of the act, 1963 provides that a suit for possession of immovable property based on title may be filed within 12 years when the possession of the defendant becomes adverse ..... limitation, recorded by trial court without meeting cogent and convincing reasons giving by the trial court ?(7) whether the mandatory provisions envisaged under section 110 of indian evidence act, are attracted in the facts and circumstances of the present case ?(8) whether the plea of mesne profits can be raised in second appeal without paying court .....
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