Court : Rajasthan Jaipur
..... , the state government shall draw up a statement setting out distinctly the charge against the member and shall send the same for inquiry and findings by judicial officer of the rank of a district judge to be appointed by the state government for the purpose.(3) the judicial officer so appointed shall proceed to inquire into the ..... revoked vide order dated 21.01.1993, it would not pre-empt the government from re-opining the entire case. furthermore, section 63a of the act empowers the government to hold an inquiry for any misconduct committed in an earlier term. thus, he has justified the impugned charge-sheet.8. in rejoinder, mr. gupta has contended that ..... faith in the rule of law. therefore, repeatedly the hon'ble supreme court has stressed that every action of the state must be just, fair and reasonable. any act which is unjust, unfair, or unreasonable is an anathema to the constitutional mandate and to the constitutional philosophy of this country.10. while keeping these two principles in .....
Tag this Judgment!Court : Rajasthan Jaipur
..... in the mardia chemicals ltd.'s case (supra) itself and also by virtue of the amendments effected to sections 13 and 17 of the principal act. the liberty given by the learned single judge to the appellants to resist s.a.no.104 of 2007 preferred by the respondents before the drt on all aspects was duly upheld by the ..... stage of communication of reasons shall not confer any right upon the borrower to prefer an application to the debts recovery tribunal under section 17 or the court of district judge under section 17a.(4) in case the borrower fails to discharge his liability in full within the period specified in sub-section (2), the secured creditor may take ..... jurisdiction of the civil court.3. where there is no express exclusion, the examination of the remedies and the scheme of the particular act to find out the intendment becomes necessary and the result of the inquiry may be decisive. in the latter case, it is necessary to see if the statute creates a special right or a liability and .....
Tag this Judgment!Court : Rajasthan Jaipur
..... impugned assessment vide order dt.23/03/1998. in absence whereof, there was no prima facie material available on record before the inquiry officer or disciplinary authority which may hold that petitioner acted negligently or recklessly while in exercise of quasi judicial powers or had omitted prescribed conditions necessary for exercise of quasi judicial powers. ..... v. duli chand (supra) that the decision in union of india v. kk dhawan (supra) being of larger bench, would prevail over judgment of two judges bench in zunjar rao bhikaji nagarkar v. union of india (supra) where the court reverted back to earlier view where disciplinary action could be taken against an ..... the apex court observed ad infra:28. certainly, therefore, the officer who exercises judicial or quasi-judicial powers acts negligently or recklessly or in order to confer undue favour on a person is not acting as a judge. accordingly, the contention of the respondent has to be rejected. it is important to bear in mind that .....
Tag this Judgment!Court : Rajasthan Jaipur
..... ) since 3.4.86 and for last more than seven years, a presumption would must arise in her favor by virtue of section 108 of the evidence act that her husband has been dead. thus viewed, the appellant state therefore have to grant relief to the writ petitioners on the presumption that her husband is ..... of petitioner's husband under rule 19 of the cca rules. even declaration has not been sought from the competent court under section 108 of the indian evidence act that ramesh chand bhatt is dead. cited judgments are distinguishable. writ petition be therefore dismissed. i have heard learned counsel for petitioner as well as learned deputy ..... of the government servant and further holding such inquiry proceedings without service of pre and/or post initiation of proceedings in order to culminate into order of punishment of removal, both are against the constitutional mandate and principle of natural justice. that being so, the learned single judge has rightly condemned the action of the appellant .....
Tag this Judgment!Court : Rajasthan Jaipur
..... extend to ten years, and shall also be liable to fine; and if hurt is caused to any person by such act, the offender shall be liable either [imprisonment for life], or to such punishment as is hereinbefore mentioned.attempts by life convicts. - [when any person offending under this ..... the charge-sheet submitted by the petitioner.section 307 ipc reads as under :-307. attempt to murder.- whoever does any act with such intention or knowledge, and under such circumstances, that if he by that act caused death, he would be guilty of murder, shall be punished with imprisonment of either description for a term which may ..... by the order dated 01.03.2011 passed by the additional sessions judge (fast track) no.1, beawar, district ajmer, whereby the learned judge has framed the charges for offences under sections 148, 323, 325, 326, 307 read with section 149 ipc and 4/25 arms act, the petitioner has approached this court. the learned counsel for the petitioner .....
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..... the second proviso to clause (2) of article 311, there is no scope for reintroducing it by a side-door to provide once again the same inquiry which the constitutional provision has expressly prohibited. where a clause of the second proviso is applied on an extraneous ground or a ground having no relation to ..... orders are passed by the courts, tribunals and quasi judicial authorities while exercising their inherent powers. in this case, such powers are contained in the sebi act itself. thus, mere passing of ex-parte interim order during pendency of the proceedings cannot mean elimination of principles of natural justice. the petitioners would be ..... herein failed to raise their objections before the board within the stipulated period and straightway approached this court. second proviso to section 11(4) of the sebi act does not eliminate principles of natural justice, rather it provides for an opportunity of hearing to the intermediaries or persons concerned. in the light of aforesaid .....
Tag this Judgment!Court : Rajasthan Jaipur
..... there. 3. it is also stated that the deceased's wife and children were not in the house as they had gone out to some relatives. on making inquiry in relation to the incident from the neighbourers and other persons, it was found that rajendra soni, the deceased, was alone at the house. it was also revealed ..... b. criminal appeal under section 374(2) cr.p.c. has been filed against the judgment and order dated 3rd january, 2003 passed by the learned additional sessions judge (fast track) alwar in sessions case no.32/2002 (41/2002) whereby the accused-appellant has been convicted and sentenced as under: under section 302 ipc imprisonment for ..... court has committed illegality in appreciating the evidence and accused has wrongly been convicted for the offence under section 302 ipc read with section 4/25 of the arms act. on the other hand, learned public prosecutor has contended that the learned trial court finding the chain of circumstances complete has rightly convicted and sentenced the accused .....
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..... as there were three persons by the name of kailash in the police station. further that pw-8 was inimical with him because at his instance a departmental inquiry had been initiated against pw-8 hence his evidence cannot be said to be reliable.23. shri a.k.gupta learned counsel for appellant rajesh kumar and ..... sho and constables named raju singh, rajesh kailash and khem singh who have preferred their respective appeals against the judgment and order dated 20.12.2003 passed by learned special judge, sc & st (prevention of atrocities) court, jhalawar in sessions case no.32/2003 (78/2001, 18/2000 & 4/2000), whereby they were convicted for the ..... directly responsible for causing such death.13. sh.mathur argued that the prosecution should establish by link evidence that radhey shyam darji had actually died because of the acts of the appellants without which there can be no conviction for an offence under section 302 ipc.14. elaborating this contention, learned counsel further argued that there .....
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..... sites, could not re-issue the notice, could not give a full opportunity of hearing to the petitioners. lastly, the conduct of the board clearly shows that it has pre-judged the issue and was working with a pre-determined mind to close down the stone crusher units.(24) heard the learned counsel for the parties, perused the impugned orders and ..... the case afresh, it was duty bound to follow the procedure established by law. according to section 21 of the act read with rule 6 of the rules, the board was bound to carry out an inquiry. according to section 24 of the act, it has the power to enter and to inspect the units; according to section 26, it has the power ..... equally been violated by the board. thus, the petitioners were justified in invoking the writ jurisdiction of this court. this aspect of the case has been overlooked by the learned judge. thus, clearly the judgment in m/s shri radhey stone crusher (supra) is per incurium as the judgment has noticed neither the scheme of the .....
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..... , he went to suratgarh and pilibanga. in suratgarh he found pratap singh and took him into police custody and entered rapat roznamcha ex.p/27 and made inquiry from him. on the basis of information received by him he telephonically informed the superintendent of police(rural) alwar about these facts who, in turn, informed ..... section 313 cr.p.c, wherein they admitted their arrest but denied commission of any offence. however, they did not lead any defence evidence.8. learned sessions judge, vide impugned judgment & order dated 20.12.2003, acquitted the accused sarjeet of all the charges whereas present appellant pratap singh, was convicted and sentenced in the ..... copy of driving license and identification card of the deceased were recovered from the accused pratap singh on the basis of information given under section 27 of evidence act. necessary memos and site plan were prepared.5. during investigation, seized clothes of deceased, blood stained soil, and shoes etc. were sent for fsl and after .....
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