Court : Rajasthan
Reported in : 2009CriLJ4221
..... prosecution miserably failed to establish the charge against the accused appellant in the offence under section 376 read with section 511 of ipc. the learned trial judge did not take serious note of all these discrepancies, contradictions, exaggerations and embellishments emerging in the statements of the witnesses, including the prosecutrix recorded by ..... without her consent and against her will.(iii) the prosecution case is full of contradictions, exaggerations and embellishments in material particulars.(iv) the learned trial judge did not take serious note of all these relevant facts, which demolishes the whole prosecution case.(v) that the statement of prosecutrix does not stand corroborated ..... that the prosecutrix in a sexual offence is not an accomplice and there is no rule of law that her testimony cannot be acted upon and made basis of conviction unless corroborated in material particulars. however, the rule about the admissibility of corroboration should be present to the mind .....
Tag this Judgment!Court : Rajasthan
Reported in : 2009(3)WLN381
..... , it will have to be held that institution continues to exist and in that event the employees will not cease to be in employment. in my opinion the inquiry in cases of termination of services in consequence of closure of an institution should be confined to the legality of closure and not beyond it, because if closure is ..... educational institution and it can interfere in such kind of situation by framing the scheme.(20) the supreme court has also approved the judgment of the learned single judge of andhra pradesh high court for framing such kind of scheme in the similar circumstances for their absorption in the university on closure of incor wherein it has also ..... to be given to the expression ' district judge'. the extensive definition of a district judge under article 236 is inclusive judge of the labour court and the judge of the industrial court.19. in view of the above not specifying the term 'promotion' as a condition of service in section 16(1) of the act of 1989 is of no help to the .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2009(4)Raj2879; 2009(3)WLN219(1)
..... would make a mockery of 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 the enquiry ..... petitioner cannot be held guilty on the basis of circumstantial evidence alone. learned counsel has relied on a decision of this court in lekh ram v. union of india 1968 rlw 272. it is also contended that the charges in the criminal case and in the departmental enquiry so far as the petitioner are concerned, are altogether different yet ..... and 120-b ipc read with sections 5(1)(d) and 5(2) of the prevention of corruption act. the matter was investigated by the c.b.i. and after investigation, on challan being filed by the c.b.i. before the special judge, c.b.i. cases, jodhpur, the trial proceeded and ultimately, by the judgment and order dt. .....
Tag this Judgment!Court : Rajasthan
Reported in : 2009(3)WLN83
..... , the whole land devolved on smt. habat kanwar and ownership rights of land in question had vested absolutely in her in terms of the provisions of hindu succession act, 1956. admittedly, the land in question belonged to shri chandan singh and it was not a coparcenary or joint family property therefore, after the death of shri chandan ..... and set aside.2. the relevant facts in nutshell are that the ceiling proceedings were initiated against the respondent under the rajasthan imposition of ceiling on agriculture holdings act, 1973 (in short 'the act of 1973' hereinafter) but the same were dropped vide order dt. 19.08.1975 of sub divisional officer (in short 'sdm), jalore. however, the ..... the name of the respondent vide mutation no. 58 dt. 14.04.1968, therefore, by no stretch of imagination it can be said to be a case of transfer of land after 01.01.1973. accordingly, the government counsel urged that the learned single judge has committed an error apparent on the face of record in deciding the .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR2009Raj178; RLW2009(3)Raj2081
..... this court. it was the contention of the defendant-tenant-petitioner before the two courts below as also before the learned single judge that with the coming into force of the rajasthan rent control act, 2001 (act no. 1 of 2003) w.e.f. 01.04.2003, the provisions of section 6 and 7 of the rajasthan premises ..... shall be liable to be revised according to the formula indicated below:-(2) the court shall after holding suchsummary inquiry as it may consider just and necessary determine the standard rent for such premises and shall, in doingso, act according to the following principles, namely:-(a) where the premises have been let out prior to 1st january, ..... competent jurisdiction for fixation of standard rent for any premises.(2) the court shall after holding such summary inquiry as it may consider just and necessary determine the standard rent for such premises and shall, in doing so, act according to the following principles, namely:(a) where the premises are let for residential purposes or for .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2009(3)Raj2424
..... .p.c., they stated that they have falsely been implicated in the case. no evidence in defence was adduced.5. after conclusion of trial, the learned additional sessions judge (fast track) no. 2, bundi and after hearing both sides vide its judgment and order dated 21st february, 2006 convicted and sentenced the accused appellants in the manner ..... 1. this criminal appeal under section 374 of the code of criminal procedure has been filed against the judgment and order 21st february, 2006 passed by the learned additional sessions judge (fast track) no. 2, bundi in sessions case no. 18/2005 by which he convicted and sentenced the accused appellants as under:1. sukhraj singh,2. jagjeet ..... sections, 147, 148, 307/149, 302/149 and 323/149 ipc and 3/25 and 3/30 of the arms act. being aggrieved from the aforesaid judgment and order dated 21.2.2006 passed by the learned additional sessions judge (fast track) no. 2, bundi, the accused-appellants have preferred this appeal.6. we have heard learned counsel .....
Tag this Judgment!Court : Rajasthan
Reported in : 2009(3)WLN170
..... by the learned counsel for the appellant also takes note of sub-section (3) of section 12 in which the learned single judge of this court held that 'under section 12(3) of the act read with rule 39 of the workmen compensation rules, the workman had the choice to recover the compensation from the contractor instead of ..... out of the order of the tribunal or compensation commissioner.4. mr. j. gehlot, learned counsel appearing for the appellant submitted that under section 12 of the act, the principal employer i.e. railways would be liable to pay said compensation as the appellant-contractor was merely a contractor executing the said works contract for the ..... principal.' however, the learned single judge in appeal filed by the contractor held that the amount deposited by the appellant contractor if not .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2009(4)Raj3430
..... proof of legal import/possession of the recovered gold and us dollars, as such all were seized under section 110 of the customs act, 1962 and under section 66 of the gold (control) act, 1968 on a reasonable belief that the same were imported/required/possession by them in violation of the provisions of section 11 of the customs ..... act, 1962 and section 13 of the foreign exchange regulations act, 1973 and section 8(1) of the gold (control) act, 1968. the purity of the 44 gold biscuits was found to be 24 carats. both the persons admitted the ..... in the court of special judicial magistrate (economic offences) rajasthan, jaipur.3. both the respondents were indicted for the offence under section 135(1) of the customs act, 1962, who pleaded not guilty and claimed to be tried. in order to further its version the prosecution examined in all five witnesses. in their examination under section .....
Tag this Judgment!Court : Rajasthan
Reported in : 2009(2)WLN250
..... to a part of his testimony. if the judge finds that in the process, the credit of the witness has not been completely shaken, he may, after reading and considering the evidence of the witness, as a ..... court, by the party calling him, his evidence can not, as a matter of law, be treated as washed off the record altogether. it is for the judge of fact to consider in each case whether as a result of such cross-examination and contradiction, the witness stands thoroughly discredited or can still be believed in regard ..... provides for his retention in service beyond the date of his retirement till the completion of the inquiry, provided the delinquent officer is under suspension on a charge of misconduct. the inhibitions in the conduct rules clearly provide that an act or omission contrary thereto so as to run counter to the expected code of conduct would certainly .....
Tag this Judgment!Court : Rajasthan
Reported in : 2009CriLJ4224
..... magistrate neem ka thana committed the case to the sessions court where from the case was assigned to addl. sessions judge no. 1 sikar camp neem ka thana. charges were framed against the accused under section 3/8 of bovine animal act. the accused denied the same and claimed to be tried. the prosecution in support of its case examined 10 witnesses ..... january 3, 2009 and the additional sessions judge after hearing both the parties convicted the accused appellant for the offence under section 3/8 of the rajasthan bovine animal (prohibition of slaughter and regulation of temporary migration or export) act, 1995 and sentenced him to suffer three years ri and fine of rs. 2000/- and in default of payment of fine to .....
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