Court : Rajasthan
Reported in : AIR1968Raj297; 1968CriLJ1449
..... allegation, or the accusation, or the charge has been made by the local authority. the prosecution having not been instituted 'by' the local authority under sub-section (1) of section 20 of the act, the local authority can not be deemed to be the complainant in the case. that being so. it will be that other person who shall be the ..... varanasi v. prem prakash jauhar air 1966 all 504.4. before examining the case law, it would be proper to take note of the provisions of sub-section (1) of section 20 of the act. shorn of the proviso which is not relevant for purposes of this case, it reads as follows--'20. cognizance and trial of offences. (1) no prosecution ..... air 1964 all 497, the inspector had filed the complaint after obtaining the consent of the medical officer who was authorised to consent within the meaning of section 20 of the act. the accused was acquitted and the medical officer applied for special leave to appeal. it was held that the appeal was not maintainable for the reason that .....
Tag this Judgment!Court : Rajasthan
Reported in : (1973)ILLJ538Raj; 1972()WLN548
..... of the inquiry committee, which were accepted by the works manager, were prima fade correct and justified on the evidence, the tribunal had no reason to interfere under section 33 of the act... ... ....all that the tribunal has to see is whether the findings arrived at are prima facie reasonable or baseless and perverse. if they appear to be obviously ..... ., lid. and anr. v. their workmen 1958- i l.lj. 260 : a.i r. 1958 s.c. 130, apply to all cases covered by section 33(2)(b) of the industrial disputes act. he argued that in the case before us there was want of good faith and victimisation and unfair labour practice and it was on these three grounds ..... has reason to believe that the management is guilty of victimisation or has been guilty of unfair labour practice or is acting mala fide. to illustrate the scope of the labour court under section 33(2)(b) of the industrial disputes act, the learned counsel relied on a number of decisions, namely, (1) new victoria mills company ltd. kanpur v. .....
Tag this Judgment!Court : Rajasthan
Reported in : (1974)IILLJ328Raj; 1973()WLN686
..... incitment by the six workmen, even if proved, would not amount to misconduct within the meaning of clause (s) of sunning order 34 or punishable under section 27 of industrial disputes act.29, however, i will presently consider as to what the word 'incitment' signifies. in state of bihar v. ranen nath and ors. : air1958pat259 . ..... transport service used for the carriage of passengers or goods which was declared a public utility service under sub-clause (vi) of clause (n) of section 2 of the act. obviously the employees working as body-fitters, mechanic, helper & cleaner in the central workshop are not concerned directly with the transport service of the corporation ..... of the public utility service and since the strike in question was without notice, it violated section 22 of the act. he has referred to section 2(n) defining public utility service and the rajasthan rajpatras extraordinary dated 23-10-1968 and 23-6-69. according to him transport service (other than roadways) for the carriage .....
Tag this Judgment!Court : Rajasthan
Reported in : 1975CriLJ923; 1974(7)WLN495
..... the confessional statement of one accused is concerned, it may be taken into consideration against the other accused if it fulfils the conditions laid down in section 30 of the evidence act. one of the conditions is that the confession must implicate tha maker substantially to the same extent as the other accused person against whom it is ..... because he clearlv exculpates himself and inculpates ummed mai. that being so, it does not fall within the ambit of the word 'confession' as envisaged bv section 30 of the indian evidence act and it is not relevant for consideration and must be excluded. i mav here add that in balbir singh v. state of punjab : 1957crilj481 their lordships ..... will have to obev him if he wanted tn remain in the service. bhanwarlal added that he did not know whv the resolution was inserted.7. section 30 of the indian evidence act lays down that 'when_ more persons than one are being tried iointlv for the same offence, and a confession anade by one of auch persons affecting .....
Tag this Judgment!Court : Rajasthan
Reported in : 1979WLN16
..... jain, j.1. lachhi ram and mohanlal have presented this application under section 482, cr.p.c., for quashing the proceedings against them under 18(2) 29 of the insecticides act, 1968 (46 of 1968)(hereinafter referred to as 'the act') on a complaint presented by harbans singh, insecticides inspector before the chief judicial magistrate, sri ganganagar.2. briefly, the ..... giving the consent should satisfy as to whether there is a prima facie case against the person to be proceeded' against. the expression 'prosecution' under section 31 of the act was considered in bijai lai's case cited by shri arora. in bijai lal's case chhangani, j., observed that the expression 'prosecution' reasonably ..... given by the authority for their prosecution. in my opinion, both of them cannot be proceeded against and prosecuted without the requisite consent under section 31 of the act, and i am unable to accept the contention of the learned public prosecutor that the consent in question should be taken to be a valid .....
Tag this Judgment!Court : Rajasthan
Reported in : 1986CriLJ1811; 1986(1)WLN11
..... act. in that case, an argument was advanced that the consent in question should be ..... a case of lachhi ram laxmi naraih v. inspector insecticides sri ganganagar, 1979 cri lr 73 : 1980 cri lj noc 93 (raj). that was a case under the insecticides act, wherein the provision relating to the consent was analogous to section 20. in that statute, the provision was made under section 31 and section 33 of that act, parallel to section 17 of the prevention of food adulteration .....
Tag this Judgment!Court : Rajasthan
Reported in : 1987CriLJ1086; 1987(1)WLN94
..... summoned by the chief judicial magistrate, banswara, on registration of the case against them, on complaint filed by the asstt. inspector, udaipur, agriculture quality control under insecticides act, 1968. petitioner 1 is the firm and petitioners 2 to 5 are its partners. the petitioner 6 is the chief executive and the petitioner 7 is the senior sales ..... kanoriya and in respect of the senior sales representative shri i.s. vedi, the complaint lacks requisite allegations. in the absence of the requisite allegations, as required under section 33, no cognizance could be taken and process could not be issued. in respect of these persons, therefore, in my opinion, the proceedings deserve to be quashed ..... law stand satisfied. on perusal of para 12 of the complaint, it would be obvious that the contents of this para lack the requisite requirements of section 33. it should have been clearly alleged that the persons, who are being prosecuted are the persons who are in charge of or are responsible to the .....
Tag this Judgment!Court : Rajasthan
Reported in : 1988CriLJ1186; 1987(1)WLN492
..... .c. is directed for quashing the proceedings relating to the prosecution of the petitioners for the offence under section 13/29 of the insecticides act, 1968.2. a complaint was filed against the petitioners by the inspector insecticides sri ganganagar for the offence under section 13/29 of the insecticides act, 1968 with the allegations that on 24-9-83 he visited the shop of m/s. ganga sahai ..... badrinath, ganganagar and a sample of dye-macron manufactured by the petitioners company was taken and when a bill was obtained it came to the notice that the petitioner company is stocking the insecticides without licence. the .....
Tag this Judgment!Court : Rajasthan
Reported in : 1988(2)WLN641
..... . before i discuss the facts and law in this case i may make it clear that the incident had taken place prior to bringing into provisions of section 113a of the indian evidence act which is regarding presumption as to manner of suicide by a married woman and therefore the case has to be decided on the law then existing where no ..... the word abettor wherein explanations 2 and 3 are relevant. thus, the case has to be brought within the purview of one or the other explanation of section 107 or 108 i.p.c. the act of suicide is one of the modes of death and out of the four modes of death viz. 'natural accidental suicidal and homicidal', the last mode ..... law which existed on the day of the commission of the crime and would not govern the cases which come after incorporation of section 113a and 113b of the indian evidence act, i have kept the consideration of these sections out of consideration because they were not on statute on the day offence was committed in this case. thus, the evidence will .....
Tag this Judgment!Court : Rajasthan
Reported in : 1992CriLJ309; 1991(1)WLN44; 1991(2)WLN242
..... cri lj 1412, when the suicide by wife was within seven years of the marriage, the question arose about the presumption under section 113b of the evidence act. wife had committed suicide by consuming insecticide. during the course of investigation, it was not disclosed that the husband or any of his relations was oppressive or in any manner ..... public prosecutor is that there is no cogent convincing evidence to establish that veerpal kaur has consumed insecticide on account of any quarrel with her mother-in-law on the day of occurrence, the presumption under section 113b of the evidence act has rightly been drawn by the learned trial judge.34. the words 'it is shown' occurring ..... there was no quarrel between gurditta singh and his mother and veerpal kaur.28. in order to arrive at a conclusion as to whether presumption under section 113b of the evidence act has rightly been drawn in the case, it is necessary to discuss the defence version.29. it is not in dispute that appellant gurditta singh .....
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