Court : Rajasthan
Reported in : AIR1962Raj265
..... . we are not at all satisfied that this power was duly or properly exercised in the present case. nay, we are disposed to hold that the inquiry officer acted with undue zeal in refusing to summon just a few departmental witnesses whom the petitioner wished to produce in his defence. it seems to us that if ..... in article 311 of the constitution in the present case on account of the failure of the inquiry officer in the respect mentioned above, and, therefore, the departmental inquiry-was vitiated. 17. it was earnestly submitted before us that the inquiry officer had acted bona fide and, therefore, we should not interfere with his discretion in this case. this ..... committee, inasmuch as it consisted of only a single officer, was wrong and illegal, and, therefore, the whole inquiry was bad. our attention has been invited in this connection to appendix b to sanjiwa row's indian railways act volume 2 (third edition) at page 1094 and the following pages: the heading is 'procedure' for conducting .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1962Raj250
..... similar facts. the appeal arises out of the judgment dated the 25th october, 1958, of the additional sessions judge, jaipur city, jaipur, acting as special judge under the prevention of corruption act (no. 2) of 1947 (hereinafter called the act of 1947), by which banshilal luhadia and one other person sumatimal were acquitted of an offence under section 5( ..... entirely in the wrong when he tenaciously persisted in his plea before the trial court as well as before this court that article 166 completely forbade an inquiry into the question of validity of the sanction in the circumstances of the present cases. it may further be pointed out in this connection that it is ..... times, that is, both at the time when he is alleged to have committed the offences with which he was charged and also when the learned special judge took cognizance of the cases against him, and, therefore sanction for his prosecution was imperative before he could be lawfully prosecuted. this matter assumes some importance .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1962Raj196
..... in order to give a judicial recognition to this scheme, the collector, udaipur, exercising the powers of the advocate general instituted a suit in the court of the district judge, udaipur under section 92, c.p.c. for settling a scheme for the management of this temple of shrinathji at nathdwara. it was envisaged that this matter would ..... and locked in a room in the premises of the temple of shrinathji at nathdwara were removed by the tilkayat in december 1937.a commission of inquiry was appointed for the purpose of making inquiry into this, matter by the rajasthan government on the 12th of march 1958 with shri k. n. wanchoo, the then chief justice of the ..... in the trust may within three months of the publication of the scheme make an application to the district judge for varying, modifying of setting aside the scheme.'and this safeguard was considered to make the restrictions placed under that act on the shebaitship as reasonable. it cannot be said in this case that there, is no right to .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1963Raj13; 1963CriLJ69
..... offence appears to have been committed or which appears to have been used for the commission of any offence, if it is produced before that court during any inquiry or trial, it is obvious that this section does not empower the court to pass orders about the seizure of any particular property. the court has to pass ..... inspection of the vehicle. under these circumstances,a further order putting restraint on the running of the bus was not justified. the recommendation of the learned additional sessions judge for setting aside both the orders is quite correct.6. the reference is therefore allowed, and both the impugned orders dated 18-1-61 and 21-1- ..... obtained. the mechanical inspector was directed to comply with that order.3. on a revision application filed by the accused against the said orders, the learned additional sessions judge has reported that both the orders, referred above, passed by the magistrate were wrong and should be set aside. he has also forwarded with his report an explanation .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1963Raj63
..... 23, rule 3. with all respect, this case does not contain any discussion on the point which is raised before us, and it seems to have been assumed that an inquiry into an allegation that the compromise had been brought about by an exercise of undue influence was contemplated by order 23, rule 3. it may be pointed out however at ..... certain amount of controversy has arisen in our courts around the meaning of the expression 'lawful'. and the precise question with which we are faced is whether in pursuing an inquiry as to the lawfulness of an agreement or compromise, the court can and should embark on an investigation such as has been and is being demanded in this case as ..... to bind such of their co-suitors as were not present in court though the said suitors might not be bound by their act. it seems that these earlier cases were not brought to the notice of the learned judges who decided the nandlal's case, air 1927 lah 546 (2) (supra).16. the next case relied on by learned counsel, that .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1963Raj136; 1963CriLJ50
..... allowing the grounds of such imposition, both in their factual and legal aspects, to be duly tested in a judicial inquiry, is a strong element which, in our opinion, must be taken into account in judging the reasonableness of the restrictions imposed by section 15 (2) (b) on the exercise ot the fundamental right under article ..... he referred to the amendment in article 19(2) where several new grounds of restrictions upon the freedom of speech were introduced by the constitution first amendment act of 1951. he particularly emphasised the expression 'public order' and argued that the scope and extent of the restrictions were widened by the introduction of the additional ..... offence, it has in substance done so and in considering infringement of fundamental rights it is the substance of the impugned act or rule that matters and not the term.'the learned judges further observed'we fail to understand how a member of a service association which is not recognised by the government or whose .....
Tag this Judgment!Court : Rajasthan
Reported in : 1982WLN633
..... 9) of the rules is as under:rule 16(9). the disciplinary authority shall, if it is not the inquiring authority, consider the record of the inquiry and record its findings on each charge.the disciplinary authority may while considering the report of the inquiring authority for just and sufficient reasons to be recorded in ..... and there is no bar for holding that these did not constitute legal evidence in support of the charge, we, therefore, disagree with the learned single judge in this connection and accept the first contention of the learned additional government advocate and hold that the previous statement exs. p. 8, 9 and 10 were ..... by applying pre-existing legal norms of factual situations. now, the necessity of giving reasons is at important safeguard to ensure observance of the duty to act judicially. it introduces clarity checks the introduction of extraneous or irrelevant considerations and exculdes or at any rate, minimises arbitreariness in the decision making process.another .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1963Raj178
..... cases and examining the language of section 3 of the bombay prevention of hindu bigamous, marriage act, 1946, the learned judge summed-up the position as follows:--'a plain reading of section 3 and other relevant sections of the act would suggest that a second marriage contracted by the husband before the coming into operation of the ..... bombay prevention of hindu bigamous marriage act, 1946, is not regarded as on par with matrimonial offences, it being a marriage valid under the hindu law'.the learned judge at a later stage observed as follows -'therefore, the rule laid down in section 3 (2 ..... adultery, the latest of them having been committed between 9th december, 1939 to 7th january, 1940. the district judge dismissed the petition. on appeal, a bench of the calcutta high court considered the last act of adultery as a good ground for granting relief to the petitioner and further considering the explanation offered by the .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1963Raj226
..... . udaipur, and it was the same officer who passed subsequent orders in it including the last order dated may 29, 1961. the entire file of the departmental inquiry was referred to by the tribunal, with the consent of the parties, without formal proof. shri udai singh recorded his tentative findings in ex. a1 dated february 11 ..... labourer, and the name of kabul chand was entered at serial number 16,970 as kabul son of khazan. the tribunal, as well as the learned judges of the high court, were satisfied that it was not shown to the returning officer during the entire period fixed for scrutiny that the two proposers were shown ..... very object of scrutiny of nomination papers is that the returning officer should satisfy himself whether the candidate possesses the qualifications prescribed under the constitution and the act. this object would be frustrated if the returing officer were to presume that the candidate possesses the necessary qualifications. it is thus clear that the returning officer .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1964Raj1
..... had undertaken to stand as a surety for the judgment-debtors, and, therefore, it concluded that it was entirely unnecessary to make any inquiry into the matter or decide it.16. the only other case which now remains to deal with is air 1942 all 260(1) ( ..... suit within the meaning of section 47 c.p.c. besides, it also seems to us that the reasoning of the learned judge cannot be sustained on the principle that where a litigant has the benefit of two concurrent remedies he cannot necessarily be confined to ..... saying so if it wanted to do that.14. in the next case air 1930 lah 399 the reason given by the learned judge for holding that a separate suit was barred was that the surety had not objected to his liability under the security bond on ..... s suit was barred by the provisions of section 47 c.p.c. dismissed it. the plaintiff went up in appeal to the district judge, balotra, who by his judgment and decree dated the 8th november, 1955, upheld the decision of the trial court. thereafter the plaintiff .....
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