Court : Rajasthan
Reported in : RLW2010(1)Raj116
..... stand, it would cause irreparable injury to the petitioners.consequently, i allow the revision, set aside the order dated 26.7.1993, passed by the additional civil judge no. 2, udaipur, allow the application submitted by the petitioners under order 13 rule 2 cpc and direct the trial court to take the documents submitted by the ..... kothari, j.1. this second appeal has been filed by the state being aggrieved by the impugned judgment and decree of the first appellate court of learned addl. district judge no. 3, udaipur dated 18.5.2004 allowing the plaintiffs appeal no. 32/2003 (19/2003) against the decree dated 14.1.2003, whereby, the learned trial ..... not being protected and upkept in accordance with the provisions of said act and the state government had shifted its various offices of different departments,the dispute arose between the parties and vide ex. 2 - notification dated 18.8.1969 the earlier notification dated 19.9.1968 was withdrawn in respect city palace (mardana mahal) udaipur. in .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2009(4)Raj3099
..... single bench and directed that the point taken by the petitioner before the learned single judge that the appeal has been decided by a person who had initiated an inquiry against him, the said point could not be raised before the learned single judge. in fact, the petitioner was directed to restrict his arguments to other points. ..... authority has considered the production of a year after the assessment year. hence, the basis of the best judgment assessment is misplaced.5. secondly, that the entire inquiry has been carried out without giving an opportunity of hearing to the petitioner. for, the petitioner was neither permitted to cross-examine the witnesses of the department, ..... the assessee fails to submit returns as required under sub-rule (2) or the returns filed appear to be incorrect, the assessing authority may hold such inquiry as it may deem fit and assess royalty for the assessment year to the best of its judgment:provided that the assessing authority shall give reasonable opportunity .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2009(2)Raj1312
..... the witnesses named by the delinquent employee is absolutely vague and irrelevant. it does not and cannot appeal to the measures and standards of a quasi judicial inquiry that ultimately resulted into removal of the delinquent employee from service. the refusal to call defence witnesses in the manner existing in present case is apparent denial ..... service in the context of the charges found proved against him and that a penalty lesser than extreme penalty of dismissal or removal would have not met the act of misconduct for which the delinquent employee was found guilty. a judicious application of mind is certainly required while selecting a penalty sought to be inflicted upon ..... well-settled that a disciplinary enquiry has to be quasi-judicial enquiry held according to the principles of natural justice and the enquiry officer has a duty to act judicially. the enquiry officer did not apply his mind to the evidence. save setting out the names of the witnesses, he did not discuss the, evidence. .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2010(1)Raj624
..... copies from him of the documents on september 14, 1979 and september 6, 1979 and he get them noted all the things. it was then mentioned that during the inquiry by the persons of the post office, ahmed ali informed them the name of his son mohamad irfan ali is also known by the name of sayed hussain ali, which ..... 2008 (3) 497 : 2008(3) rlw 2522 (raj.), copy of the order dated feb. 23, 1996 passed on revision petition no. 12 of 1993 and 15 of 1993 by special judge sc/st atrocities case, ajmer filed by irfan ali and molvi sayyed ali razvi and further order dated november 19, 1992 passed by additional chief judicial magistrate no. 1 ajmer ..... to deprive the prosecution in proving its case on the basis of direct evidence, the statement of the deceased claimed to be admissible under section 32 of the evidence act and the other documents including the inquest report allegedly disclosing the infliction of injuries on the person of the deceased which resulted in his death. the acceptance of the .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2009(3)Raj2638
vineet kothari, j.1. this misc. appeal has been filed under section 40(3) of the rajasthan public trust act, 1959 (hereinafter referred to as the act of 1959) against the order of the learned additional dist. and sessions judge no. 3, jodhpur dtd. 23.7.2001 dismissing the civil misc. application no. 4-a/1991 filed by the appellant under ..... heard.38. application for directions:(1) if the assistant commissioner, on the application of any person having interest in a public trust or otherwise is satisfied after making such inquiry as he thinks necessary that:(a) the original object of the public trust has failed;(b) the trust property is not being managed or administered; or(c) the ..... section 39:(1) on receipt of an application made under or in pursuance of section 38 of section 39, the court shall make or cause to be made such inquiry into the case as it deems necessary and pass such orders thereon as it may consider appropriate.(2) while exercising the powers under sub-section (1), the court .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2009(2)Raj1430; (2009)12VatReporter17
..... learned attorney general the matter relating to inclusion of warranty charges in the ex-works cost is no-longer res-integra. the report, of the motor car quality inquiry committee (known as the pande committee), made a recommendation that the warranty should be made uniform for all the three motor cars and no cost of replacement ..... (supra) and prem motor's case (supra) stand overruled.15. it is also considered appropriate to now notice the observations of hon'ble supreme court in a three judges bench decision in the case of premier automobiles ltd. v. union of india : air1972sc1690 . the context in which the said case arose before the hon'ble supreme ..... by a resolution of the government of india dated february 12, 1968 in exercise of the powers conferred by section 15 of the act. pursuant to the recommendation of this committee an order was promulgated by the central government in march 1968 under section 16 of the act which was to the following effect:'the warranty with which cars are .....
Tag this Judgment!Court : Rajasthan
Reported in : 2009ACJ1946
..... 8813. the petitioner and so also several other victims of such vehicular accident filed their respective claim applications seeking compensation; and the motor accidents claims tribunal [additional district judge (fast track) no. 4], jodhpur, proceeded to make a common award in their relation on 26.11.2005. so far the petitioner's case (claim ..... writ petition for such enhancement of the amount of compensation particularly because of availability of statutory remedy of appeal under section 173 of the motor vehicles act 1988 ('the act'). the learned counsel for the petitioner prayed for some time to satisfy the court about the competence of this writ petition and at his request ..... matter was adjourned for consideration today.6. today, learned counsel for the petitioner, apart from referring to sub-section (2) of section 173 of the act for contending on the competence of this writ petition, also attempted to make submissions on the merits of the case that petitioner is entitled to be awarded .....
Tag this Judgment!Court : Rajasthan
Reported in : 2009(2)WLN535
..... also filed the bail application, which was rejected on 13.04.2005 vide annex-4. they again moved the bail application under section 439 crpc before the learned sessions judge, bhilwara, who allowed their bail application on 16.04.2005 vide annex. 5.3. it is further pleaded that the petitioner was posted as additional superintendent of ..... learned counsel for the petitioner is on the applicability of section 197 crpc, where cognizance cannot be taken against a public servant without sanction, when he acts or purports to act in the discharge of his official duty but the guidelines given in those decisions are relevant for the purpose of reference.14. in rizwan ahmed javed shaikh ..... cjm were quashed under section 482 crpc by the hon'ble supreme court on account of the fact that the marriage was protected under section 15 of the marriage act and the respondent tried to commit suicide in march, 1992. they started living separately from july, 1992. in the meantime, appellant priya vrat filed a suit .....
Tag this Judgment!Court : Rajasthan
Reported in : 2009(2)WLN179
..... boss, and jail appeal bearing no. 577/2005 by girish chandra boss and shatrudhan @ chandan against the judgment dt. 31.03.2005 passed by the special judge (satti niwaran) & additional sessions judge, jaipur, whereby all accused-appellants have been convicted for the commission of offence under section 395, 397, 120-b of the i.p.c. and under ..... fine of rs. 5000/- in default further to undergo six months imprisonment. accused girish chanda boss's conviction for the offence under section 3/25 of the arms act and sentence imposed by the trial court is maintained. accused sunil boss is also convicted for the offence under section 411 of the i.p.c. and sentenced ..... section 3/25 and 4/25 of the arms act, against which judgment they have preferred these appeals through central jail, jaipur.2. since, both the jail appeals, .....
Tag this Judgment!Court : Rajasthan
Reported in : 2009CriLJ3416; RLW2009(1)Raj693
..... 304 of ipc being of grave nature and non-bailable, the revisionists applied for cancellation of bail under section 439(2) of cr.p.c. before the learned sessions judge, jaipur city, jaipur, who dismissed the same on 9 january, 2009. the revisionist felt aggrieved with this impugned orders and hence these revisions.6. heard learned counsel ..... graver and more serious charge of culpable homicide.25. section 304-a carves out a specific performance where it is caused by doing a rash or negligent act and that act does not amount to culpable homicide under section 299 or murder under section 300. similarly, in other cases cited by the learned counsel for the respondent ..... on being chased by an eye-witness abhimanyu swami, who tried to stop the accused but the accused-respondent having the knowledge and being aware of his illegal act, hit abhimanyu swami as well and fled from there. his post accident conduct of the respondent clearly establishes that the respondent was able to see in the sufficient .....
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