Court : Rajasthan
Reported in : 2001CriLJ800; 2001(2)WLC632; 2000(3)WLN39
..... indian police service and the said provisions provide for the limitation of three months from the dale of misconduct/offence, and for other remaining police officials, of section 161 of bombay police act, 1951, (applicable in gujarat also), which provides for the limitation of six months and for taking cognizance and for prosecution, two years from the date of ..... after considering the final report, that there is a scope of further investigation, it will be open to him to decline to accept the final report and direct the police to make further investigation under section 156(3) and if ultimately the police, after such further investigation, submits a charge-sheet or again submit a final report, depending upon the further investigation made by it, and the magistrate agrees to the conclusion ..... duty of the said police officers to record the report and so also to file the challan in court and, thus, the acts complained of were done under the colour of office of the said officers and, thus, fell within the ambit of section 140(1) of the act and, therefore, the case had to be filed within limitation provided therein and the suit was found to be barred by limitation having ..... ble supreme court has indicated that the high court should be loath to interfere at the threshold to thwart the prosecution exercising its inherent power under section 482 of the code or under article 226 or 227 of the constitution of india, as the case may be, and allow the law to ..... director of inspection and audit ..... university .....
Tag this Judgment!Court : Rajasthan
Reported in : [2000]244ITR500(Raj)
..... while explaining the three fdrs, which were in the name of jayanti lal patel, reference was made to the order of the assistant commissioner of income-tax (investigation), circle-i (3) passed under section 132(5) of the act, in which it was found that jayanti lal patel son of magan bhai patel is a non-resident indian. ..... dilip shivpuri has managed the issuance of notice under section 263 of the act in spite of the fact that strictures were passed by the high court against him and duly approved by the supreme court. ..... it is high time that the department itself came forward to fix the personal accountability of the officer who acts with mala fide intention or acts to achieve some oblique motive under the guise of judicial, quasi-judicial or even administrative orders. ..... after the search by the income-tax department, an order under section 132(5) of the income-tax act, 1961 (hereinafter referred to as 'the act'), had been passed. ..... the sale proceeds of the jewellery should be accepted as genuine and benefit of section 54f, if conditions are satisfied, should be given to the assessee. ..... the commissioner further expressed the view that the officer passing the order under section 132(5) of the act, should have scrutinised those facts, and why the direction be not issued for modification/cancellation/amendment in the order under section 132(5) of the act.17. ..... jawakarlal nehru technological university [1984] 2 slr 294. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1989(2)WLN198
..... even if there was any confession, it was made before a police officer and it was inadmissible by the virtue of section 25 of the evidence act which clearly provides that no confession made to a police officer shall be proved as against a person accused of any offence ..... less fatal is the position in law that section 10 of the evidence act applies to acts done in furtherance of the conspiracy and does rot apply to a confession made after conspiracy and acts done in pursuance thereof were at end, when persons have been taken into custody and are in a condition which makes it impossible for them to act in aid or furtherence of the conspiracy i.e. ..... murphy (1837) 173 elr 502 (8) said that 'if you find that these two persons pursued by their acts the same object, often by some means, one performing one part of an act, so as to complete it, with a view to the attainment of the object which they were pursuing, you will be at liberty to draw the conclusion that they have been engaged in a conspiracy to effect that ..... above well settled legal propositions so far as the statement of hanumandutt circle officer (n) bikaner with regard to the telephonic conversation of major singh with the petitioner is concerned, it may firstly be stated that it is a statement of hanumandutt under section 162, cr pc and can be used only for the purpose of contradicting hanumandutt. ..... gerald orchard university of caterbury newzeal and criminal law review 1974,297 at p 299 explains the limited nature of this .....
Tag this Judgment!Court : Rajasthan
Reported in : 1998(1)WLN158
..... validity of enrollment-every person who has the space of three months been in receipt of pay as a person enrolled under this act and been borne on the rolls of any corps or department shall be deemed have been duly enrolled, and shall not be entitled to claim his discharge on the ground of any irregularity or illegality in his enrollment or ..... mode of enrollment-if, after complying with the provisions of section 13, the enrolling officer is satisfied that the person desirous of being enrolled fully understands the questions put to him and consents to the conditions of service, and if such officer perceives no impediment, he shall ..... patna university v. ..... his discharge before the expiry of three months from his enrollment, no such irregularity or illegality or other ground shall, until he is discharged in pursuance of his claim, affect his position as an enrolled person under this act or invalidate any proceeding, act or thing taken on done prior to his discharge.4. ..... to him the questions set forth in the prescribed form of enrollment, and shall after having cautioned him that if he makes a false answer to any such question he will be liable to punishment under this act, record or cause to be recorded his answer to each such question.14. ..... after the enrolling officer is satisfied about certain particulars and a form is signed by the person desirous of being enrolled, that the enrolling officer also signs the form, and under...army act, 'the person shall then be deemed to be enrolled.6. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1985(1)WLN199
..... : [1960]1scr168 and whether he can take all the defences as an ordinary defendant was answered as under:the insurer has a right to take only the statutory defences as provided in section 96(2) of the motor vehicles act, 1939, unless by the terms of the policy the right to defend the action in the name of the assured has been reserved, as held by their lordships of the supreme court in the case of british india general insurance ..... submission was not accepted and it was held that the fact that the appeal by the insurance company is maintainable under section 110-d of the act will not mean that the insurer company can raise all contentions that are open to the insured and that the statutory limitations contained in section 96(2) will still apply and it cannot be said that those limitations will govern only the proceedings, before the tribunal.34 ..... to understand the limitations clearly reference may be made to sub-section (6) of section 96 which reads as under:sub-section (6) no insurer to whom the notice referred to in sub-section (2) (or sub-section (2a) has been given shall be entitled to avoid his liability to, any person entitled to the benefit of any such judgment as is referred to in sub-section (1)(or sub-section (2-a), otherwise than in the manner provided for in, sub-section (2)(or in the corresponding law of the reciprocating country, as the case ..... rrq 4287 belonging to the university of jodhpur, driven by madan singh driver and insured with the appellant, the new india .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1969Raj182; 1968()WLN192
..... in this connection reliance was placed on statute 26 (4) of the rajasthan university act and the observations of this court in 1950 rai lw 19- strong reliance has been placed in this connection on the observations made in deonarain's case in 1950 raj lw 19 in paras 40 and 44. ..... while considering the provisions of the mysore university act their lordships were pleased to observe that the power to prescribe rules for admission to colleges were conferred on the university and that power was to be exercised by the academic council. ..... it is submitted that in all other states no upper age limit is prescribed nor is it prescribed in the rajasthan university act. ..... mridul attempted to argue that this notification was law as defined in article 13 of the constitution and section 32, item 41 of the rajasthan general clauses act, but he did not press this point, and argued that even though it was an executive act of the government, it was without any authority and was mala fide and had resulted in an unreasonable discrimination between his clients and other students who were 21 years or less than 21 years old on the one ..... admission of candidates will be made in the following order of preference:--(a) candidates will be admitted in order of merit judged on the percentage of marks obtained either at the intermediate examination or the first year university examination of the three years degree course or at the b. sc. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1982Raj243; 1982()WLN384
..... because though i have not been impressed by submission of shri mehta that the petitioner has got a fundamental right to call the prime minister as 'owl' (ulloo) even when he is discharging the duties of a professor in the university and i have rejected it summarily, yet since, he is denying this allegation and claims it to be concocted one, the validity of suspension and resolution for inquiry would require a detailed consideration after obtaining replies of the respondents.17. ..... the quorum of the syndicate meeting is to be governed by the regulation, as according to section 25 of the university of jodhpur act, the authorities of university have been empowered to make regulations for deciding the number of members required to form a ..... the academicians, either in their extraordinary pursuit of detachment and assertion of independence or caught in the trap of group rivalries, and group politics of the university, instead of dividing and discussing the work load of the educational field, climbed over trying to scale political controversial issues under the garb and cover of unlimited rights of the teachers to criticise the ..... shri nigam, the petitioner, in passing this resolution and the petitioner has alleged in his writ petition that the university of jodhpur is ridden with group politics of a very virulent character as held proved by the report of the chancellor's inquiry, but so far as this court is concerned, though practice of washing dirty linen by making vague allegation of .....
Tag this Judgment!Court : Rajasthan
Reported in : 2002(3)WLC122; 2002(4)WLN92
..... moreso, under rule 27 of the rajasthan municipalities rules, 1963 (for short, 'the rules, 1963'), appointment cannot be made on ad-hoc basis for a period of more than one year and the post of tax assessor under section 114 of the act, 1959 can be filled up only with previous sanction of the state government and as the said post had never been sanctioned in the board, workman's appointment was illegal; an assessor cannot be a 'workman' as defined under ..... . (3) for the purpose of determining the annual letting value of any land or building and assessing the amount of tax thereof, the assessor (a) enter upon or into, inspect and measure any building or land, and (ii) if necessary, make enquiries from the people living in neighbourhood and examine the previous record of the municipality or other local authority in relation to such building or land ..... . the case of vinay kumar majoo (supra) has been decided on the basis of standing order, thus, it can be held that it does not lay down the law of universal application or be held to have a force of binding precedent ..... he was appointed on temporary basis, vide order dated 22.3.1991 (annex.2), as a tax assessor by the chairman of petitioner municipal board (for short, 'the board') for a period of one year, or till regularly selected candidate was made available. .....
Tag this Judgment!Court : Rajasthan
Reported in : 2008(1)WLN177
..... with the aforesaid premise it was stated that since the council had sought information under section 18 and required inspection under section 19 of the act of 1972, but the university was not cooperating, the university has been already put under 'no admission' category for the last five years by the council. ..... the architectural education imparted by jai narain vyas university has not been recognised by the council because the university is not cooperating in providing the inspection and furnishing of information to the council as has been demanded by the council in terms of sections 18 and 19 of the act of 1972. ..... reversing the judgment of rajasthan high court, the supreme court said:..the declaration of 'equivalence' referred to in section 23a of the rajasthan university act as well as in clause (vii) of ordinance no. ..... the rules framed thereunder, the court found that rule 1(1)(c) of part iv of bar council of india rules, 1975 provides that except as provided in section 24(1)(c)(iiia) of the advocates act, a degree in law obtained from any university in the territory of india after 12.03.1967 shall not be recognised for the purpose of section 24(1)(c)(iii) of the act unless the conditions specified there are fulfilled, which included the condition 'that course of study in law has been by regular attendance at the .....
Tag this Judgment!Court : Rajasthan
Reported in : (1969)ILLJ169Raj
..... , as he then was, while delivering the majority judgment, observed as follows ;it is true that under section 23 of the mysore university act, 1956, the academics council shall have the power to prescribe the conditions for admission of students to the university and, in exercise of its power, it has prescribed percentage of marks which a student shall obtain for getting admission in medical or engineering ..... the order cannot be said to contravene the provisions of section 23 of the mysore university act also.none of these two authorities help the petitioners. ..... section 4 of the university act enumerates the powers of the university among which the relevant clauses are (4a), (7) ..... 303 of the minutes of the university of rajputana, and that inspection note has also been reproduced by ..... xx of the handbook of the university of rajasthan in part ii would show that it is the duty of every affiliated college to satisfy the university in respect of certain matters and the syndicate has been given power, subject to the statutes, to inspect and to affiliate, recognise or approve the colleges and hostels or institutions, and to withdraw the affiliation, recognition, or approval from ..... our attention has also been invited to an inspection report of jodhpur hospitals submitted by sri ..... this it appears that sri kasliwal inspected the m.g. ..... to inspect affiliated colleges and approved institutions and to take measures to ensure that proper standards of teaching, instruction and training are maintained in .....
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