Court : Rajasthan
Reported in : AIR2009Raj109; RLW2009(4)Raj3050
..... order remains baseless and is required to be rejected.noteworthy it is that in the scheme of the provisions of section 63 of the act of 1959, the enquiry officer merely makes an inquiry on behalf of the state government and sends his findings to the state government. it inheres in the said provision that after the report ..... of the member concerned, 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 ..... inquiry into the charge in the prescribed manner, hear the member concerned if he makes appearance, record his findings on each matter embodied in the statement as .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2009(3)Raj2596
..... several pronouncements on the subject, there is substantial increase in the number of cases involving violation of the basics of judicial discipline. the learned single judges and benches of the high courts refuse to follow and accept the' verdict and law laid down by coordinate and even larger benches by citing minor ..... availability of alternative remedy, then, this writ petition is not maintainable and the petitioner is required to avail statutory remedy provided under section 35 of the act of 2005, therefore, this writ petition is not maintainable.12. learned counsel for the respondent caveator argued that this writ petition has been filed by ..... challenging the order dated 30.01.2009 passed by the registrar, cooperative societies, sriganganagar and was directed to avail alternative remedy available under section 35 of the act. here, in this writ petition, the petitioner is challenging the order passed by the registrar, cooperative societies, sriganganagar dated 20.02.2009; and, for the .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR2009Raj150
..... such property, to whom a reasonable opportunity has been afforded to represent his case by notice served on him in that behalf during the course of the relevant inquiry under section 4 of the act of 1995 after giving notice to the plaintiff. no such enquiry after notice is alleged in the application under order 7, rule 11, cpc. thus, in ..... above, we are of the considered opinion that the judgment and decree dated 10-4-96 made in o.s. no. 192 of 1993 on the file of principal subordinate judge, nagapattinam district, has to be set aside and accordingly, it is set aside and the appeal is allowed. the plaintiff/appellant is at liberty to approach the special tribunal ..... our considered opinion, of course, without going into the merits of the claims of either parties and the findings of the court below thereon, we find that the learned subordinate judge, nagapattinam has committed an error in law, apparent on the face of record, for having tried the suit and dismissed the same after 1-1-96, |n view .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2009(2)Raj1162; 1(2009)WLN(Rev)386
..... after accident shri balkrishna sachdeva, an officer of the respondent corporation alongwith an assistant depot manager, inspected the site and also made a preliminary inquiry. during preliminary inquiry statements of the petitioner were recorded in which he specifically stated that the accident met as the jeep driver and all other persons riding in ..... ), hon'ble supreme court was considering validity of an order passed by a division bench of karnataka high court affirming an order passed by learned single judge dismissing a writ petition on the count of delay and that matter was relating to appointment. the cause relating to appointment and a cause relating to ..... discharging/terminating a probationer from service, the requirement is to examine that whether such order of discontinuation from service is founded on any misconduct or the act taken into consideration while effecting such discontinuation is merely a motive.12. hon'ble supreme court in the case of dipti prakash banerjee v. satvendra .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2009(3)Raj1878
..... charges are framed against him by the competent court.10. after due consideration of the submissions of the parties, the learned single judge arrived at a categorical finding that in terms of section 19(gg) of the act of 1994, a candidate shall incur the disqualification from contesting the election only when charges are framed against him of any offence ..... counsel submitted that it is settled law that in warrant case, the trial starts from the framing of the charges, prior to it, the proceedings are only an inquiry. the reliance is placed in this regard by the learned counsel on decision of the hon'ble supreme court in the matter of 'ratilal bhanji mithani v. state of ..... but then, the determination of the question sought to be raised by the learned counsel for the appellant as aforesaid first time before this court does not require any inquiry or investigation into the question of facts. it is a pure question of law which goes to the root of the matter inasmuch as if ultimately, it is .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2009(3)Raj1863
..... been subjected to test by the handwriting expert, therefore, the finding against the petitioner is perverse and while ignoring the evidence on record illegally the inquiry officer reached conclusion against the evidence coming on record. therefore, the disciplinary authority committed grave error while not considering the reply of the petitioner in ..... in this regard a distinction has been drawn between ordinary courts of law and tribunals and authorities exercising judicial functions on the ground that a judge is trained to look at things objectively uninfluenced by considerations of policy or expediency whereas an executive officer generally looks at things from the standpoint ..... . it may do so by making an express provision to that effect as those contained in the administrative procedure act, 1946 of u.s.a. and the administrative decisions (judicial review) act, 1977 of australia whereby the orders passed by certain specified authorities are excluded from the ambit of the enactment. .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2010(1)Raj343
..... the object of examination under this section is to give the accused an opportunity to explain the case made against him. this statement can be taken into consideration in judging his innocence or guilt. where there is an onus on the accused to discharge, it depends on the facts and circumstances of the case if such statement discharges ..... on the date the offences were committed. it therefore follows that the appellant should have been dealt with under the u.p. children act instead of being sentenced to imprisonment when he was convicted by the sessions judge under various counts.28. in ganeshlal v. state of maharashtra : (1992) 3 scc 106, the hon'ble apex court held that ..... men do not act wholly without motive; failure to discover the motive of the offence does not signify the non-offence of the crime. .....
Tag this Judgment!Court : Rajasthan
Reported in : 2009CriLJ2467; RLW2010(1)Raj309
..... team as well as the evidence of the appellant ashok in regard to his age and then proceeded according to law. it appears that learned trial judge did not make an inquiry about the age of the appellant ashok on the date of incident.the question, therefore, arises as to whether on the date of occurrence appellant ashok ..... and circumstances of the present case.14. in makhan singh v. state of punjab : air1988sc1705 the hon'ble supreme court, while considering section 24 of the evidence act, 1872 held that extra judicial confession is a weak piece of evidence and in absence of any corroborative evidence such extra-judicial confession is not reliable. it was also ..... 302/201/34, ipc and started investigation. the dead-body was recovered. the accused-persons were arrested and on their information given under section 27 of the evidence act during custody, slippers and one alvin watch of the deceased and rope used by the accused to commit murder of the deceased, were recovered. the postmortem of the .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2010(1)Raj303
..... meena) since 03.04.1986 and for last more than seven years, a presumption would must arise in her favour 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 dead ..... of for last more than seven years, he should be therefore deemed to have attained civil death in view of the provisions of section 108 of the evidence act. the said court decreed the suit in her favour vide judgment dt. 17.01.2000 which also held that petitioner would be entitled to inherit his estate and ..... disappearance 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 state .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2009(2)Raj1460; 2009(1)WLN116
..... has taken cognizance against the petitioner. hence this misc. petition.4. in criminal misc. petition no. 41/2008, a complaint under section 29(1) of the insecticides act, 1968 was filed by the assistant director of agriculture (extension) & insecticides inspector, hanumangarh junction, on 17.3.2006 alleging therein that the insecticide product imidachloprid 17.8% sl ..... and also its regularity. under sub-section (2), a bar has been imposed for exercise of such power in relation to interlocutory order passed in any appeal, inquiry, trial or other proceeding and sub-section (3) bars further revision by the same person. thus, on a cumulative reading of these three sub-sections, it is ..... .7. section 397 of the code reads as under:397. calling for records to exercise powers of revision.- (1) the high court or any sessions judge may call for and examine the record of any proceeding before any inferior criminal court situate within its or his local jurisdiction for the purpose of satisfying itself .....
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