Court : Rajasthan
Reported in : (1993)IILLJ1098Raj; 1992(3)WLC96; 1992(1)WLN541
..... or implied and for the purposes of any proceeding under this act in relation to an industrial dispute, includes any such person who has been dismissed, discharged orretrenched in connection with, or as a consequence of, that dispute, or whose dismissal, discharge or retrenchment had led to that dispute, but does not include any such person -(i) who is subject to the air force act, 1950 (45 of 1950) or the army act, 1950 (46 of 1950), or the navy act, 1957 (62 of 1957); or(ii) who is employed in the police service or as an officer ..... their lordships observed that in view of the overriding provisions of section 25j of the central act while the provisions in a state law relating to the settlement of industrial disputes, the rights and liabilities of employers and workman in so far as they relate to lay off and retrenchment shall be determined in accordance with chapter v-a of the central act and section 41(1) and section 41(3) of the state act prescribe alternative authorities to settle a dispute arising out of ..... about its jurisdiction to entertain the complaint on behalf of the respondent ranjit singh on the ground that the term 'employee' under section 2(5) of the shop act has the same meaning as the term 'workman' as defined under section 2(s) of the industrial disputes act, 1947, hereinafter referred to as 'the central act' and any employee who does not fall within the definition of workman under the central act is not entitled to invoke provisions of the shop act also. .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2006(1)Raj210
..... or other employee of a prison; or(iii) who is employed mainly in a managerial or administrative capacity; or(iv) who, being employed in a supervisory capacity, draws wages exceeding one thousand six hundred rupees per mensem or exercise, either by the nature of the duties attached to the office or by reason of the powers vested in him, functions mainly of a managerial nature.the portion underlined is inserted with main provision by rajasthan act 34 of 1958, section ..... or implied, and for the purposes of any proceeding under this act in relation to an industrial dispute, includes any such person who has been dismissed, discharged or retrenched in connection with, or as a consequence of, that dispute, or whose dismissal, discharge or retrenchment has led to that dispute, but does not include any such person--(i) who is subject to the air force act, 1950 (45 of 1950), or the army act, 1950 (46 of 1950), or the navy act, 1957 (62 of 1957); or(ii) who is employed in the police service or as an officer ..... the labour court while holding as above ignored the definition of workman as provided under section 2(s) of the act of 1947 (rajasthan amendment) which reads as under:'workman' means any person including an apprentice employed in any industry by an employer or by a contractor in relation to the execution of his contract with such employer to do any manual, unskilled, .....
Tag this Judgment!Court : Rajasthan
Reported in : 1950CriLJ209
..... this is an appeal by the accused who has been found guilty by the sessions judge, ajmer-merwara, of the offence of murder under section 302, penal code, and sentenced to undergo transportation for life. ..... in the sessions court and also before me, that even if it is held to be proved that the accused attacked the deceased with a knife, the offence would at the most be one of causing grievous hurt by a dangerous weapon under section 326, penal code, and not murder under section 302, penal code. ..... i therefore think, it is clear from the evidence that the offence was one of murder, and not the lesser offence under section 326, penal code.15. ..... evidence which shows that the accused absconded for sometime after the murder of ishwari prasad, and it was on 4th july 1947 that he was arrested, after proceedings had been taken against him under sections 87 and 88, criminal p.c. ..... for even if he was actually in the act of handing over his wheat to the man in the mill, it does not necessarily follow that it was impossible for him to look on the road and see what happened there. ..... the polios took action under sections 87 and 88, criminal p.c. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1950Raj51
..... runs as follows:'(1) when any person who is a judge within the meaning of section 19, penal code, or when any magistrate, or when any public servant who is not removable from his office save by or with the sanction of a provincial government or some higher authority, is accused of any offence alleged to have been committed by him while acting or purporting to act in the discharge of his official duty, no court shall take cognizance of such offence except with the previous sanction: (a) in the case ..... 52 as follows:'when a public servant simply embezzles some property entrusted to him and thereby commits criminal breach of trust under section 409, is not doing an act, nor even purports to do an act in execution of his duty; when he commits the act, he does not pretend to act in the official discharge of his duty.'15. ..... the special circumstances of each case are to be examined, and if it is found that the offence mentioned in section 409 was committed in the discharge of official duty, sanction becomes necessary.14. ..... both the applicants were challaned under sections 409 & 467, penal code, along with five others abdul majid khan, naimulla khan, muqrab rehman khan, mohammed shafi and mohammed amin, abdul majid khan was a nazim in the state and he was discharged by the committing magistrate. ..... it is, therefore, not possible to restrict the applicability of this section only to such a case where the act could possibly have been done both in good or bad faith.'19. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1950Raj34
..... in the sind case, the provisions of section 350, have no doubt been carefully examined, but with great respect i venture to submit that a few more aspects have been left out of ..... magistrate was of opinion that no case had been made out and submitted the record to the learned sessions judge with a recommendation for discharge of the accused as required under the then marwar oriminal procedure code. ..... the relevant portion of section 350 is as under: '(1) whenever a magistrate, after having heard and recorded the whole or any part of the evidence in an inquiry or trial, and is succeeded by another magistrate who has and who exercises such jurisdiction, the magistrate so succeeding may act on the evidence so recorded by his predecessor, or partly recorded by his predecessor and partly recorded by himself; or he may re-summon the witnesses and recommance the inquiry or trial: provided as follows: (a) ..... as observed above, held that the accused had a right to re call the witness and his subsequent statement could only be acted upon while his former statement was inadmissible. ..... the district magistrate acting on the evidence of khwaji recorded before shekh abdul rehman convicted the accused, and the question was whether the evidence recorded by the former magistrate even after the witness had been re- ..... before the succeeding magistrate were not evidence at one and the same time, and naturally the statement before the magistrate, who decided the case, was the one which could be acted upon. 9. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1953Raj12
..... the prosecution having acted under the provisions of the indian extradition act could not turn back and ..... accused argued the following points : (1) that the extradition act was a special law which must be taken to override the provisions of the criminal procedure code which was a general law, and as the offence under section 161 penal code was not an extraditable offence, the accused could not be tried for it, as he was extradited for the offences under sections 388 and 420, penal code only; (2) that ..... out that the aforesaid remark does not appear to be in accordance with the provisions of the adaptation of laws order 1950, which lays down as follows: 'the indian extradition act, 1903 (xv of 1903): section 1 -- for sub-section (2) substitute -- (2) it extends to the whole of india except part ..... the extradition offences given in the first schedule to the said act, an offence under section 161, penal code does not find a place, the learned sessions judge has inferred in favour of the accused by implication that the intention of the legislature was to exclude the trial of persons extradited under the provisions of that act for offences other than those mentioned in the list. 11 .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1951Raj105
..... is subject to the restrictions contained in section 99 & section 99 lays down that there is no right of private defence against an act which does not reasonably cause the apprehension of death or of grievous hurt, if done, or attempted to be done by a public servant acting in good faith under colour of his office though that act may not be strictly justifiable by law ..... according to the definition of 'good faith' mentioned in section 52, 'nothing is said to be done in good faith which is done without due care & attention ..... if the process-server or the officer through whom he may have got the process had perused the warrant, it would have been quite clear that it was not addressed to any person &, therefore, the act of executing the warrant clearly lacked due care & attention. ..... held that although the naib tehsildar may have acted with the best of intentions, he would have seen at once on examination of the warrant that it was the kurk amin & not himself who was authorised to execute it &, therefore, he had no lawful authority to attach the cattle & ..... argument was addressed that the warrant was illegal & that it was further observed that even if the warrant was defective, the accused had no justification for beating the process-server ramlal who was acting in good faith under colour of his office. ..... important words in the para are however, 'in good faith' & 'act may not be strictly justifiable by law'. ..... subdivisional mag, karanpur, convicted the first two accused under section 324, i. p. c. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1952CriLJ1236
..... the appellate court below, in the circumstances, has rightly held that the accused-applicant was driving the lorry at the time in question rashly or negligently and that this rash or negligent act on the part of the accused-applicant caused the death of the tehsildar and grievous injuries to some passengers. ..... the accused-applicant, in the circumstances, has rightly been convicted under sections 304(a) and 338 of the i.p.c. ..... the accused-applicant stands convicted under sections 304(a) and 338 of the i.p.c. ..... the words 'rashly' or 'negligently' mean doing an act without due diligence and caution. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1953Raj22
..... by a recent amendment to section 113 of the code of civil procedure, the following proviso has been added: --'provided that where the court is satisfied that a case pending before it involves a question as to the validity of any act, ordinance or regulation or of any provision contained in an act, ordinance or regulation, the determination of which is necessary for the disposal of the case, and is of opinion that such act, ordinance, regulation or provision is invalid or inoperative, but has not been so declared by the high court to ..... if these two ordinances of 1949 are never to be hit by article 14 on the ground that when they were passed, there was no inequality in them, the provision of article 13 would become a dead letter and all laws in force previous to the 26th of january, 1950 would continue to be followed in spite of article 13(1), even though they may be hit by the various articles contained in part ..... it was also alleged that the state had taken possession of the property of the applicant by virtue of the provisions of these ordinances and no compensation was provided for the taking of such possession and, therefore, these ordinances were ultra vires ..... 1 of 1948 of the former state of mewar which provided in section 3 that all laws, ordinances, acts, rules, regulations, and notifications having the force of law in any covenanting state continued to remain in force until repealed or amended by a competent authority or unless otherwise provided in that ordinance or any .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1953Raj158
..... when it has been found by this court that the impugned order of the deputy commissioner, customs and excise, jaipur division, is clearly without jurisdiction, and the provisions of section 48 of the matsya ordinance clearly offended against the constitutional provisions of article 14 relating to fundamental rights of equal protection of law and equality before the laws, this court would not be justified in dismissing the application on this ground alone, as even if the suit is filed, the civil court ..... the other six judges, however, held unanimously that the provision of section 5 (1) of the act in so far as it empowered the state government to direct 'coses' to be tried by a special court offended against the provisions of art 14 of the constitution, and, therefore, the special court had no jurisdiction to try the 'cases' of the respondents.five out of six judges (his lordship s. r. ..... not agreeing) held that whole of section 5 (1) of the act offended against the provisions of article 14, and was, therefore, void. ..... the case of the petitioners is that the deputy commissioner, customs and excise, jaipur division, convicted the petitioner under section 48, matsya customs ordinance, 1948, for contravening the provisions of section 46 (1) of the said ordinance, and fined each petitioner rs. .....
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