Court : Rajasthan
Reported in : 1995CriLJ3917
..... far as the first information reports are concerned, no privilege is being claimed by the ..... ratio of this case in the instant case, 1 am of the view that the petitioners have claimed privilege only in the public interest and to maintain law and order situation in the state.36. ..... these reports are of a confidential nature and privilege can be ..... entire documents can be divided into two groups:-(1) the first information reports and case-diaries;(ii) rojnamchas, wireless messages pertaining to police station, kumher and various reports of various branches of police department, collector, bharatpur, relating to ..... ranganathan no details have been mentioned on the basis of which the privilege was being claimed but when he was confronted with the question as to what detailed information did the commission expect from these two officers, he ..... a reading of these two sections indicates that in order to claim privilege there must be some prerequisite conditions; (i) the document must be unpublished official record; (ii) it should relate to the affairs of the state; and (iii) it can be admitted in evidence with the permission of the head of ..... it was stated that the copies of the various reports prepared by the crime branch, jaipur, district intelligence branch; copies of the various reports of zone officer, bharatpur (special branch) submitted to police headquarters (special branch), relate to the police (intelligence branch) of the state and pertained to unpublished official records to the affairs .....
Tag this Judgment!Court : Rajasthan
Reported in : 1991(1)WLN1
..... emergency, when, in the opinion of the vice-chancellor, immediate action is required, the vice-chancellor shall take such action as he may deem necessary and shall at the earliest opportunity report the action taken to the officer, authority, or body who or which in the ordinary course would have dealt with the matter, but nothing in this sub-section shall be deemed ..... given in the reply by the university read as under:(a) formation of groups of candidates for group discussion test and personality assessment interview:gist:the gist of the report is that the departure has been made from the past long established practice in the formation of groups of candidates eligible for group discussion test and personality assessment ..... on the vice-chancellor to take an urgent action when in his opinion it becomes necessary that the matter requires immediate action and the only rider on his discretion is that he shall report the matter and the action at the earliest opportunity to the officer, authority or body who or which is the ordinary course would have dealt with the matter. ..... mridual, in this connection, submitted that no privilege can be given to the respondent in regard to disclosure of this report and he has invited my attention to the ..... so far as seeking privilege for not disclosing the entire report is concerned, suffice it to say, perhaps the disclosure of the names of some of the assistant professor/associated professors who were associated with the conduct of the examination is .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1960Raj92
..... have been aware of the recommendations made by the indian states finances enquiry committee leaves no doubt in our mind that it was the intention of parliament to repeal all laws granting privileges and immunities from excise duties.under section 37(2)(xvii) of the central excises and salt act, 1944, the central government has power to make rules to exempt any goods from ..... . it is open to the central government under the provisions of the act to cany out the recommendations of the indian states finances enquiry committee namely that special financial privileges and immunities affecting the federal revenue conferred by the states should ordinarily be continued on the same terms by the centre subject to a maximum period of 10 or 15 years ..... regards the future treatment of the privileges and immunities connected with taxes on income are contained in the annexure appended to part i of our report; all other taxation privileges should be dealt with along ..... . before the above ordinance was promulgated the indian states finances enquiry committee had submitted its report to the government of india, at page 52 of the annexure to part i of the report the following observation has been made by the committee:'in some of the covenanting states of rajasthan union a system of 'royalties' is in force in connection with certain industrial ..... part ii of the report it is mentioned that in most states certain individuals and corporations enjoy immunities and privileges of which most important .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1959Raj169
..... both these errors in the judgment of the trial court are immaterial to the substantial result of the suit, as i have come to the conclusion that in the first place the report made by the defendants was absolutely privileged and secondly that even if it carried, only a qualified privilege, there was no proof whatsoever that it was born of malice in fact, and, on the other hand, there was ample proof to show that it had been made by the defendants ..... having regard to all these considerations, i have arrived at the conclusion that the report made by the defendants to the police in the pre-sent case was absolutely privileged, and the doctrine of absolute privilege forbids any inquiry into the motives of the persons who made the complaint. ..... again, speaking on principle, if a complaint made to a magistrate is accepted as properly falling within the doctrine of absolute privilege, and on that point judicial authority is firm and unanimous, i do not see any valid reason why a report in a cognizable case which the police are empowere; by law to investigate should be placed on a different footing. ..... p-1 in this case was not absolutely privileged but carried only a qualified privilege with it, (and this is indeed not denied by learned counsel for the plaintiff appellant) i am of opinion that there is ample material on this record which has been believed by the trial court to show that the report was warranted by the occasion which prompted it. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1958Raj257
..... where the defendant has a duty or interest which entitles him to speak and the person or authority to whom he so speaks is also under a corresponding duty or interest in that connection, the occasion is a privileged one, and though the complaint made may be per se defamatory, it would be protected even if it be made falsely or erroneously so long as it is not made out of malice or from improper motive. 9. ..... it should further be remembered is this connection that in order to constitute a communication to be privileged, which is a well recognised class under this head (and the other class is 'privileged reports' with which we are not concerned in this case), a duty or interest should exist not only in the defendant but a corresponding duty or interest should also reside in the person or authority ..... this connection that the performance of duty which may justly occasion, or bring into play, the defence of privilege may be legal but need not be legal only and the duty may be moral or social. ..... had a corresponding interest, and, therefore, the occasion was a privileged one, and that the conviction of the appellant could not ..... not end the matter and the question still remains whether the plea of privilege should be held to have been established in the circumstances of this ..... and secondly that they had been made in the performance of their duty as members of the village community to the administration, and were consequently privileged and did not constitute defamation under any circumstances. 7. .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2009(3)Raj2660
..... lead to incitement of an offence;(b) information which has been expressly forbidden to be published by any court of jaw or tribunal or the disclosure of which may constitute contempt of court;(c) information, the disclosure of which would cause a breach of privilege of parliament or the state legislature;(d) information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public ..... (iii) section 8(1)(c) of the act- on grounds of breach of privilege of state legislative because a copy of the report has been requested by mla but has not been provided to them on grounds of it being under ..... this court, the respondents were certain justified in denying a copy of the committee report to the petitioner under section 8 of the act. ..... conditions is that in case, the report is under consideration by the cabinet, then a report can be withheld from the public, till the cabinet takes its final decision on the said report. ..... conceded that the cabinet had not taken any decision on the yatindra singh committee report till january, 2009. ..... the learned counsel for the petitioner, has vehemently argued that as a citizen the petitioner has the right to have copies of the committee report. ..... the orders dated 25.01.2006, 28.03.2006 & 12.10.2006 whereby he was denied copies of certain pages contained in the yatinder singh, removal of pay anomaly committee report. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR2003Raj63; 2003(2)WLN28
..... amrit lal, reported in (2001) 8 scc 397 : (air 2001 sc 3580) has observed that section 6 covers all kind of rights and privileges embodied from clause (a) to (e) of section 6 and those rights and privileges under it are limited to that which are acquired and ..... we propose to deal with the points of controversy in the right of decision of apex court reported in 2002 air scw 2691 : (2002) 5 scc 548 : (air 2002 sc 2445) in the matter ..... it has beenobserved in the case of 'lalji raja & sons v.firm hansraj nathuram' reported in air1971 sc 974 that one who claims the righthas to establish that the right has accruedin ..... of the general clauses act, 1897 saves the right, privilege and obligation under the repealed statute. ..... hon'ble supreme court in another case reported in (1999) 7 scc 314 : (air 1999 sc 3504) union of ..... affect any right, privilege, obligation or liability acquired, accrued or incurred under any enactment so repealed ..... james chadwick, reported in air 1953 sc 357 as under :--'obviously after the appeal had reached the high court it has to be determined according to the rules of practice and procedure of that court and in accordance with the provisions of ..... prasony bai, reported in 2002 (2) wlc (raj) 488, in which the order of single judge was challenged after repeal of section 18 of the rajasthan high court ..... vasna ram, reported in 2002 (2) wlc (raj) 383, has taken note of this fact thus:--'this appeal has been preferred under the provisions of section 18 of the rajasthan high .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2004(1)Raj576
..... the enquiry officer submitted the report which reveal that natural father of the girl was working as booking supervisor in railways and up till death of gopal lal joshi, shyam lal joshi took all the privilege passes for his family alongwith kumari prabha joshi, whereas, deceased gopal lal joshi took privileges passes for himself only till 16.06.1994. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1995(2)WLC22; 1995(1)WLN378
..... to this, only those persons, who have taken voluntary retirement under rule 244(1) would be entitled for cash payment in respect of the period of unutilised privilege leave not exceeding 240 days at his credit at the time of his retirement. ..... learned advocate general appearing on behalf of the state has not been able to justify the denial of this privilege to the petitioner and creation of a separate class under sub-rule (2) of rule 244.16. ..... the respondents are directed to grant the cash payment in lieu of unutilised privilege leave to the petitioner for the number of days permissible under rules within a period of three months from ..... relevant portion of rule 91-b(1) runs as follows:(1) a government servant on retirement from service on superannuation, invalid, compensation or retirement pension under rule 244(1), shall be paid cash equivalent to leave salary in respect of the period of unutilised privilege leave not exceeding 1240 days) at his credit at the time of retirement.10. ..... the action of the respondent in denying the cash payment in lieu of unutilised privilege leave to the petitioner, is hit by article 14 and 16 of the constitution of ..... now, the question arises for cash payment in lieu of unutilised privilege leave on the date of retirement as contemplated by rule 91(b) which was inserted in the rules vide no. ..... view expressed in the case of amar singh (supra) was reiterated in another case reported in 1988 (3) slj 152 o.p. ..... was made to a case reported in 1986(2) s.l.j. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1987(2)WLN770
..... that no advantage can be given of the above judgment of the high court because the rating committee was not referred the question of concession of privileges and whatever the single bench decided in that judgment should not give any advantage to the plaintiff.9. ..... mal is justified in submitting that the reference to the ratting committee never contemplated the decision of the privileges which become dead by virtue of section 23 itself and could not get re-birth by any direction ..... the judgment of the high court referred to above, never conferred any right of free electricity till the date of publication of the report of the rating committee and that being as, neither there was any mistake nor any discovery of it.19. ..... rates set up under section 57 of the indian electricity act and known as the rating committee decided to abolish the privileges of connection and which became effective after two months of the publication of the report.4. ..... integration of the states, the indian electricity act 1910, was applied to the states also and the privileges of the rulers come into fire.3. ..... once the privileges attached to them were taken away, then only these privileges or concessions can be allowed which under the circumstances were permissible and it should have been further allowed by superior law ..... the privileges enjoyed by the erstwhile rulers of the state of rajasthan are still having a 'hang over' in the form of, litigation, wherein the head having been lost, the tail is still being tried to .....
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