Court : Rajasthan Jodhpur
..... a case based on circumstantial evidence. . last seen evidence is one of species of circumstantial evidence. last seen evidence as per part iii section 7 of indian evidence act, 1872, is relevant evidence against accused. for proving this evidence it is essential for the prosecution to prove two things, being that the accused was seen alone in ..... a fact situation, we reach the inescapable conclusion that no presumption can be drawn against the said two respondents/accused under section 114 illustration (a) of the evidence act. no ad- vers.inference can be drawn on the basis of re- coveries made on their disclosure statements to connect them with the commission of the crime. 9 ..... when there is evidence of last seen and recovery of silver oranment is made as per information given by the accused appellant under section 27 of the evidence act then obviously it is a case in which the learned trial court has rightly held accused appellant guilty of offence under section 302 and 397 ipc. the learned .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... promotion in group-c and d posts only; the provisions of the persons with disabilities (equal opportunities, protection of rights and full participation) act, 1995 ('the act') do not prescribe for reservation in promotion and the reservations in promotions is only covered by the instructions of the government and, therefore, ..... /public sector undertakings/government companies declaring that the non-observance of the scheme of reservation for persons with disabilities should be considered as an act of non-obedience and the nodal officer in department/public sector undertakings/government companies, responsible for the proper strict implementation of reservation for person ..... give benefit of reservation to persons with disabilities in the matter of promotion to posts in the indian administrative services and directed the respondents to act accordingly. the national federation of the blind filed contempt petition (civil) no.499/2014 before hon'ble supreme court alleging disobedience of the .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... separate and distinct from its shareholders with its own legal rights and obligations. it seeks to disregard the separate personality of the company and attribute the acts of the company to those who are allegedly in direct control of its operation. the starting point of this doctrine was discussed in the celebrated case ..... said to be carrying on its business pursuant to the authority of the central government?. that obviously cannot be said of a company incorporated under the companies act whose constitution, powers and functions are provided for and regulated by its memorandum of association and the articles of association. an incorporated company, as it well ..... of the words used by parliament in the definition clause of 'appropriate government'. it is an undisputed fact that the company was incorporated under the companies act and it is the company so incorporated which carried on the undertaking. the undertaking, therefore, is not one carried on directly by the central government or .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... as we have already noted, section 47-a being local amendment, made by each state legislature did not find any such statutory basis. like a.p. act,tamil nadu act is also referable to transactions intra vivos and not as general guidelines. if they are based on evidence inter partes it would be consistent with section 47- ..... 1 kb at pp. 206,207:16. wherever any body of persons having legal authority to determine questions affecting the rights of subjects, and having the duty to act judicially, act in excess of their legal authority, they are subject to the controlling jurisdiction of the king s bench division exercised in these writs. . 29. no less ..... of federal sovereign and an off spring of political necessity .. the relevant laws of compulsory acquisition of land, including the provisions contained in this behalf under the act of 1956 emanate from the principle of eminent domain. in the case of building and civil engineering holidays scheme management vs. post officem, (1966) 1 qb247while .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... s.b. civil misc. appeal no.840/2013 seema belim vs. babu singh & anr. date of judgment :::14. 08.2013 present hon'ble mr. justice p.k. lohra none present. the appellant-claimant has preferred this appeal under section 173 of the motor vehicles act, 1988 (for brevity, hereinafter referred to as 'the act of 1988') for enhancement of compensation awarded by the ..... learned motor accident claims tribunal, jodhpur. the factual matrix giving rise to this appeal is that a claim under section 166 of the act of 1988 was laid by the appellant before the learned tribunal quantifying compensation to the tune of rs.11,25,000/- only. for claiming the said amount of compensation, the .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... the alleged charges levelled against the appellant.likewise, the criminal proceedings were initiated against the appellant for the alleged charges punishable under the provisions of p.c.act on the same set of facts and evidence. it was submitted that the departmental proceedings and the criminal case are based on identical and similar (verbatim ..... no.1, jodhpur. the learned counsel for the petitioner vehemently argued that it is a case in which the inquiry officer and disciplinary authority has acted contrary to law and gave finding of guilt without even recording statement of complainant kishore singh but in the fir filed by the bank the investigating officer ..... inquiry. it is also submitted that proper assistance to defend was not given to the petitioner therefore, it is obvious that the disciplinary authority has only acted malafidely upon the findings given by the inquiry officer without application of mind, therefore, the order of dismissal deserves to be quashed. with regard to order .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... examinations. in the peculiar circumstances of the case before such unending trial could get converted itself into a permanent menace, the answering respondents had to act and had acted to hold the credibility of the entire institution. the petitioner has provided for all the reasons and circumstances leading to the satisfaction of the answering ..... (2), to drop the enquiry and to dismiss the petitioner from service. the petitioner as an employee of the high court has committed serious misconduct. the act of misconduct, prima facie established, had scandalized the administration of justice in the state of rajasthan. the hon'ble judge, after a discreet enquiry conducted by ..... on your part was not proper and thus you transgressed all limits of decency, failed to maintain the dignity and respect towards the judiciary. this conduct and act of yours besides being unbecoming of an officer amounts to gross misconduct. statement of charge no.2 that you shri kalwani while posted & functioning as stated .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... commission of offence punishable under sec. 498-a of the indian penal code, 1860 (in short the 'ipc') and sec.4 of the dowry prohibition act, 1961 (in short 'd.p. act').3. the complaint was treated as first information report and investigation was undertaken. on completion of investigation charge-sheet was filed on 8/6/2000. a ..... sufficient ground for proceeding against the accused. (6)where there is an express legal bar engrafted in any of the provisions of the code or the concerned act (under which a criminal proceeding is instituted) to the institution and continuance of the proceedings and/or where there is a specific provision in the code or the ..... concerned act, providing efficacious redress for the grievance of the aggrieved party. (7)where a criminal proceeding is manifestly attended with mala fide and/or where the proceeding is .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... law.24. we do not find any lack of authority nor any prohibition in {17} dbsaw nos.715/2013, 714/2013 & 739/2013 the land revenue act or uit act which may prohibit or any statutory provision which may have restrained the state government to constitute a committee of senior officers, who had already submitted its report, confirming ..... passed by the authority concerned, after giving an opportunity of hearing to the petitioner, in conformity with the provisions of section 91-a and 92-b of the act of 1959. he further held that the court cannot sit in appeal over the administrative decisions taken by the competent authorities for removing encroachments upon the government land ..... the petitioner, have resulted into gross violation of {6} dbsaw nos.715/2013, 714/2013 & 739/2013 law. he held that under section 91-a of the act of 1959, the uit is competent to direct, in addition to the prosecution lodged for such violation, demolition of the constructions by the owner thereof, carried out in .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... law.24. we do not find any lack of authority nor any prohibition in {17} dbsaw nos.715/2013, 714/2013 & 739/2013 the land revenue act or uit act which may prohibit or any statutory provision which may have restrained the state government to constitute a committee of senior officers, who had already submitted its report, confirming ..... passed by the authority concerned, after giving an opportunity of hearing to the petitioner, in conformity with the provisions of section 91-a and 92-b of the act of 1959. he further held that the court cannot sit in appeal over the administrative decisions taken by the competent authorities for removing encroachments upon the government land ..... the petitioner, have resulted into gross violation of {6} dbsaw nos.715/2013, 714/2013 & 739/2013 law. he held that under section 91-a of the act of 1959, the uit is competent to direct, in addition to the prosecution lodged for such violation, demolition of the constructions by the owner thereof, carried out in .....
Tag this Judgment!