Court : Rajasthan
Reported in : RLW2006(4)Raj3323
..... from service on 14.6.1987. from the reply.of the respondents it appears that the incident had taken place when the unit was posted 1.5 kms. from the border during 'operation trident'. an incident had occurred in the neighbourhood in which a woman had been reportedly raped by some army personnel and in the circumstances, instructions had been issued .....
Tag this Judgment!Court : Rajasthan
Reported in : 2001CriLJ3138; 2001(2)WLN683
..... was not empowered under this section to investigate. (3) any magistrate empowered under section 190 may order such an investigation as above-mentioned. 173. report of police officer on completion of investigation.- (1) every investigation under this chapter shall be completed without unnecessary delay. (2) (i) as soon as it is completed ..... avadh kishore, to have exhorted the accused to kill the deceased, whereafter the actual assailant is said to have assaulted the deceased. after investigation the police filed a report against the actual assailant only. when the papers were laid before the magistrate, the first informant made an application requiring the magistrate to ..... and also to issue process against all offenders against whom the magistrate thinks that there are sufficient material, notwithstanding the fact that on completion of investigation police has filed charge-sheet only against some of them. (35). hon'ble the supreme court proceeded to hold that this question is squarely answered .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2008(1)Raj192
Deo Narayan Thanvi, J.1. Two ancient maxims viz; (1) Judicis est jus dicere non dare: The judge's duty is to declare law and not to make it and (2) Talis interpretation semper fienda est, ut euitetur absurdum el inconveniens, et ne judicium sit illusorium: That interpretation must be chosen which avoids an absurdity or inconvenience and which does not make a decision of court illusory, are coupled with the controversy involved in the present seventeen writ petitions, whereby the Constitutional validity of the Rajasthan Rent Control Act, 2001, hereinafter referred-to as 'the New Act' in toto and Section 32(3)(a) of this New Act and Section 6 of the Rajasthan Premises (Control of Rent & Eviction) Act, 1950, later styled as 'the Old Act', have been challenged by declaring them as ultravires to the Constitution of India. Though different reliefs have been sought in these petitions but broadly, they are of three categories.The relief sought in the first set of petitions is to declare the Ne...
Tag this Judgment!Court : Rajasthan
Reported in : AIR2007Raj168; RLW2007(2)Raj1674
S.N. Jha, C.J.1. A significant question of law - whether the dispute relating to any pre-election disqualification can be adjudicated only in an election petition before the District Judge under Section 43 of the Rajasthan Panchayati Raj Act, 1994 read with rule 80 of the Rajasthan Panchayati Raj (Election) Rules, 1994 or it can also be adjudicated by the authority under rule 23 of the Rajasthan Panchayati Raj Rules, 1996 read with Section 39 (2) of the Rajasthan Panchayati Raj Act, 1994 - is involved in these three special appeals. The point being common the appeals were heard together and are disposed of by this common judgment.2. The representative facts may be noticed from D.B. Special Appeal (W) No. 236/2006 which was argued as the leading case.3. The appellant filed writ petition, S.B. Civil Writ Petition No. 9758/2005, for quashing the enquiry initiated by the Chief Executive Officer (CEO), Zila Parishad Jhunjhunu. She was informed that the preliminary enquiry held by the Additi...
Tag this Judgment!Court : Rajasthan
Reported in : RLW2005(1)Raj389
..... investment is less than rs. 50 crores.(c) any item reserved for small scale industrial sector with investment less than rs. 1 crore.(d) defence related road construction projects in border areas.(e) any item falling under entry no. 8 of schedule i covered by the notification g.s.r. 1037 (e) dated 5th december, 1989.4. concealing factual data or ..... resulted into wide spread pollution and consequence damage to the crops and adverse effect on the health of the citizens. the fir lodged by him in this regard with the police is also of no avail.15. we have heard learned counsel for the parties and have perused the materials placed before us including the reports of the committee as well .....
Tag this Judgment!Court : Rajasthan
Reported in : [1995(71)FLR551]; (1995)IILLJ1064Raj; 1995(2)WLC1; 1995(1)WLN300
Anshuman Singh. J. 1. Learned Single Judge at the time of admission of S.B. Civil Writ Petition No. 3011/90 Gopi Lal Teli v. State of Rajasthan and Ors., after hearing the counsel for the parties on the question of maintainability of the writ petition under Article 226 of the Constitution of India on the ground of alternative remedy, referred the following question for determination by a Larger Bench of more than three Judges: 'Whether a writ petition for violation of the provisions of Chapter V-A of the Industrial Disputes Act, 1947 or violation of the principles of natural justice, should be directly entertained as a matter of course, ignoring the statutory remedy provided by that Act? On the reference made by the learned Single Judge, Hon'ble the Chief Justice Constituted Larger Bench consisting of five senior Judges of this court and in pursuance of the said order, the question referred by the learned Single Judge came up for consideration before us. 2. Before we proceed to conside...
Tag this Judgment!Court : Rajasthan
Reported in : (1995)ILLJ978Raj
1. The above six revision petitions have arisen out of the various claims made by the petitioner Mohammed Ayub against the Firm M/s. Mohammed & Sons complaining against alleged illegal deductions of wages and bonus for 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 which the Authority having limited jurisdiction, has no jurisdiction to decide. The orders passed by the Authority have been affirmed by the District Judge, Merta in appeals filed against respective orders of the Authority. Detail particulars of the claims and orders will be referred to hereinafter.2. Since question involved in all the revision petitions is common, arising out of the same set of facts and between the same parties, all the six r...
Tag this Judgment!Court : Rajasthan
Reported in : 1992(2)WLN442
N.K. Jain, J.1. This is defendant's first appeal arising out of the judgment and decree passed by learned District Judge, Merta dated 17.8.87 whereby he has decreed the suit filed by the plaintiff.2. The brief facts of the case are that the respondent Amra filed a suit for cancellation of sale deed dated 27.6.73 and for declaration and possession of the suit land. According to the plaintiff-respondent, originally the property stood in the name of one Kana father of Bheru and after the death of Kana in Samvat Year 2002, the property came in the hands of Bheru as ancestral property. It was alleged that the plaintiff was adopted by Bhura by a registered adoption deed dated 31.7.58. It was alleged that sale deed executed by his adoptive father Bheru @ Bhura with regard to Khasra No. 655 and 655/1 situated at Mithri village, Tehsil Nawa was ineffective and not binding on plaintiff as he gets right in the ancestral property. It was alleged that the sale was not for legal necessity of the fam...
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