Court : Rajasthan
Reported in : AIR1968Raj33; (1967)ILLJ270Raj
..... principles of natural justice which provide that the person charged should have an adequate opportunity of defending himself are complied with in the case of a domestic inquiry in an industrial matter. where all that had happened was that the prepared statements were read over to the workmen charged and they were asked then ..... the opportunity that the rules of natural justice require that the workmen should have to defend themselves. therefore, when one is dealing with domestic inquiries in industrial matters, the proper course for the management is to examine the witnesses from the beginning to the end in the presence of the workman at ..... comply with an arbitration agreement between them by resorting to the provisions of arbitration act, or they should approach the special court created by section 54 of the bombay cooperative societies act. the learned judge observed as follows :--'the bombay co-operative societies act, 1925, sets up a special court with a special jurisdiction and with special .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1968Raj20
..... and accordingly two or more persons cannot join in a single application to enforce separate rights or claims by way of writs. the learned judges dissented from the observations made in air 1968 andh pra 16 on the ground that resort cannot be had to the provisions of order 1 or '). 2 of the code of civil ..... on an office report to the effect that a joint petition filed by 41 petitioners for restraining the respondents from enforcing the provisions of the rajasthan agricultural produce markets act (act no. 38 of 1961), 1961, the rules made thereunder and the bye-laws made by the krishi upaj mandi samiti, kishangarh. is not maintainable in view ..... are carrying on their business in kishangarh within the area of krishi upaj mandi samiti, kishangarh, and they are affected by the enactment of the rajasthan agricultural produce markets act. 1961. the rules and bye-laws made thereunder which they are challenging. the writ petition, it is maintained, raises common questions of law and fact, as the .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1967Raj239
..... publication of the draft electoral roll. clauses 3 and 4 relate to the period and manner of lodging claims or objections and also for the manner in which inquiry into claims and objections are to be made. then there are provisions for the final publication of the electoral rolls. clause 6a makes provision for correction of ..... preparation of electoral rolls. we may start by referring to certain cases from the punjab high court.28. a single judge of the punjab high court in lekh raj v. the cantonment board, jullundur cantonment, air 1968 punj 356, issued a writ directing that the election with regard to a particular ward should not be held as ..... to refer to the provisions of law relating to the preparation of electoral roll for the state assembly. the parliament has enacted the representation of the people act, 1950 (act no 43 of 1950) which deals with the allocation of seats and delimitation of constituencies the qualifications of voters and preparation of electoral rolls and matters connected .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1968Raj89
..... be partially empty. the present suit was instituted for the recovery of damages for short delivery against the defendant in the court of judge small causes, bhilwara. it was resisted by the defendant inter alia on the ground that the court had no jurisdiction to try it ..... may be referred to. as was pointed out in raghavayya v. vasudevayya chetty, air 1944 mad 47 the relevant provision of the contract act which is directly applicable to such cases is contained in section 28. i may also refer to the full bench decision of the lahore ..... objection by the person to whom it is tendered this person is as a general rule bound by its contents and his act amounts to an acceptance of the offer to him whether he reads the document or otherwise informs himself of its contents or not ..... them would be tried at one place out of them so as to render the agreement void under section 23 of the contract act point no. 1.6. on behalf of the defendant a number of english decisions were cited from which it appears to be .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1967Raj221
..... the procedure prescribed for the trial of warrant cases was to be followed by them.in a bombay case a question was raised whether a special judge appointed under the criminal law amendment act was required to follow the procedure prescribed by section 549 of the code of criminal procedure and the rules made thereunder. the bombay high court in ..... in the code to which our attention has been drawn the words 'tried' and 'trial' have been used in the sense of reference to a stage after the inquiry. that meaning attaches to the words in those sections having regard to the context in which they are used. there is no reason why where these words are used ..... section 3 (a) was amended to make sections 350 and 549 of the code of criminal procedure applicable to the procedure to be adopted by special judges under section 3 of the amending act section 11 was newly inserted in the following language:'3. after section 10 of the principal actthe following action shall be inserted and shall be deemed .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1967Raj251
..... the attachment was invalid. he did not go into the question whether the plaintiff was entitled to the suit property or not. in appeal, the learned subordinate judge reversed the said decision on the ground that even assuming that attachment was invalid still the plaintiff had to establish that the properly belonged to her and that the ..... on 30th september, 1964. thereupon, the plaintiff-respondents filed a suit in accordance with order 21 rule 63, civil procedure code, on 22-12-54 in the court of civil judge, jalore which was subsequently transferred to the court of munsif, jalore, on 4-5-1955. the plaintiff-respondents' case was that they had purchased the suit house ..... against the decree of the trial court the decree-holder-defendants filed an appeal in the court of senior civil judge, jalore. the appellate court dismissed the appellants' appeal. it held that as the transfer of property act was not in force at the time of the grant of the patta by the thikana to the plaintiff-respondents .....
Tag this Judgment!Court : Rajasthan
Reported in : (1968)ILLJ475Raj
..... due under the rules.12. rule 16, in so far as relevant for our purposes, reads as follows:without prejudice to the provisions of the public servants inquiries act, 1950, no order imposing the penalty of dismissal, removal or reduction shall be passed on a member of a service (other than an order based on facts ..... not contain specifically west further part the plaintiff-respondent had to play after he produced khanu barber in the police station, barmer.13. according to the learned judge, the plaintiff-respondent had no further duty to discharge after khanu barber was produced in the police station, barmer and it appears that he thought that the ..... result in any prejudice to the plaintiff-respondent inasmuch as the charges were elaborate enough and the plaintiff respondent could meet the charges adequately. the learned senior civil judge examined charge (1) to ascertain whether it was elaborate enough as to cause no prejudice to the plaintiff-respondent. he pointed out two defects in the charge .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1968Raj116; 1968CriLJ648
..... police officer within the meaning of section 190 (b) cr. p. c. it was in that context that the learned judges had to con-cider whether a report by an excise officer for an offence under the rajasthan excise act could be treated as a police report so that resort could be had to section 251a cr. p. c. regarding the ..... illegality in the absence of proof of actual prejudice.in ghisia's case the learned judges were dealing with a case under section 54 (a) of the rajasthan excise act which arose before the rajasthan excise amendment act (no. 22) of 1958 came into force before this amendment act, the report of an excise officer could not have been treated as one by a ..... mode of trial the learned judges came to the conclusion that the report of an excise officer could not be treated as that .....
Tag this Judgment!Court : Rajasthan
Reported in : 1968CriLJ270
..... v. united states, (1895) 159 us 523, in these terms: 'the decision of this question (whether the child-witness has sufficient intelligence) primarily rests with the trial judge, who sees the proposed witness, notices his manner, his apparent possession or lack of intelligence, and may resort to any examination which will tend to disclose his capacity and ..... record the questions put to this witness.9. the proviso to section 5 of the oaths act does not require that the court should also keep a record of the material which formed the basis of its opinion, the sessions judge was satisfied that it was a case in which oath should not be administered and statement be ..... clear that it was erroneous'. the mere circumstance that the sessions judge did not interrogate the witnesses, before their examination began, with a view to test their capacity, does not, in the view i take of the true effect of section 118 of the indian evidence act, invalidate the trial.this view has been followed by the calcutta .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1968Raj77
..... of the constitution. 3. it appears that the documents in question were requisitioned by the commission under section 4(d) of the commission of inquiry act, 1952 (act no. lx of 1952), (hereinafter called the act), and in complying with it any claim for privilege does not appear to have been raised by the petitioner, it was contended by the petitioner ..... stages any documents that are sought to be used against the petitioners or are considered material will be shown to those interested to prepare their defences.' the learned judges also added that the procedure indicated by the commission in the matter of inspection of documents appeared to be quite just and it was not for the high ..... had ordered that inspection of certain documents could be allowed at a later stage and the party who was refused inspection approached the high court, and the learned judges observed that: 'it is for the commission to decide what to do in this matter and it has been indicated in its orders to what extent and how .....
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