Court : Rajasthan
Reported in : 2001(1)WLC433; 2001(1)WLN226
..... be appropriate to confer power on the state government to nullify virtually the effect of an award by exercising its power under section 6(4) of the act. the act applies not merely to disputes arising between private management and labour unions and the workmen employed by them but also to industries owned by the state government and ..... the governor,sd/-(shikhar agarwal)dy. secretary governmentannexure/6,26th march, 1999s.0.484: in exercise of the powers conferred by section 22-a of the registration act, 1908 (central act no. xvi of 1908), as applicable in the state of rajasthan, the state govt. hereby declares that the state govt. hereby declares that the registration of ..... 6 and 7 which are reproduced hereunder:annexure/3,1 april, 1999s.0.7. in exercise of the power conferred by section 22-a of the indian registration act, 1908 (central act no. xvi of 1908) p.s. applicable in the state of rajasthan, the state govt. hereby declares that the registration of the following classes of documents .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2003(1)Raj235; 2002(4)WLN223
..... evidence. 22. in the present case, from the evidence on record, it cannot be said that the death of the deceased was directly the result of rash or negligent act on the part of the accused petitioner. in these circumstances, the findings of conviction recorded by the courts below cannot be sustained and they are to be interferred with by ..... in such a situation, accident took place, it cannot be said that the death of the deceased in this case was the directly result of a rash or negligent act of the accused petitioner. the mere fact that the accident would not have taken place if the accused petitioner would have been still more cautious would not be enough to ..... as under :- 'to impose criminal liability under section 304-a ipc, it is necessary that death should have been the direct result of a rash or negligent act of the accused and that act must be the proximate and efficient cause without the intervention of author's negligence. it must be the causa causons: it is not enough that it may .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2009(2)Raj1223; 2009(1)WLN411
..... basis of its application of mind but under the direction issued by the government. it is contended that the competent authority who has granted the relaxation cannot act upon the direction issued by the government and, that too, without providing opportunity of hearing.12. learned counsel for the petitioner submits that the state ..... necessitating promulgation of different set of rules, it became necessary to frame separate independent rules; and, in exercise of the powers conferred by section 41 of the act of 1950, the state government framed rules known as rajasthan excise (grant of hotel bar/club. bar licenses) rules, 1973. these are special set of ..... on temporary basis.43. in this matter, something is required to be said with regard to the obligatory duty of the state. admittedly, the legislature is framing acts and rules for regulating the liquor business. in the society, for maintaining law and order, there are directive principles of state policy enumerated in the constitution of .....
Tag this Judgment!Court : Rajasthan
Reported in : 1995CriLJ1853; 1996(1)WLC596
..... in the house and, therefore, the khunt had already been recovered by the police. it cannot be said to be a discovery made under section 27 of the indian evidence act. this evidence, also, therefore, cannot be read against the accused-appellant.16. the last evidence, on which reliance has been placed by the prosecution and which has been believed by ..... in all respects, leaving no reasonable ground of conclusion consistent with the innocence of the accused and it must be such as to show that within all human probabilities she act must have been done by the accused. in view of the law laid-down by the supreme court, in the case where the evidence is of circumstantial nature, it has .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2003(4)Raj2706; 2004(1)WLC30
..... the society and ought to rise up to the society and ought to rise up to the occasion to do the needful in the matter and as such ought to act in a manner so as to subserve the basic requirement of the society.'12. on 17-6-1987 a meeting was convened at the district office, udaipur, consisting of the .....
Tag this Judgment!Court : Rajasthan
Reported in : II(1999)DMC260; 1999(2)WLC47; 1998(1)WLN573
..... even the paternals were not informed about the death of the deceased and, therefore, it was a fit case where the presumption under section 113b of the evidence act deserves to be drawn and held the offence under section 304b read with section 498a, indian penal code proved. the learned additional sessions judge has, however, acquitted ..... . the doubts which have been tried to be created by the defence is not sufficient. presumption is available against the accused under section 113b of the evidence act.26. the acquittal under section 201, indian penal code does not absolve the accused appellant from the offence under section 304b because the ingredients of section 201, ..... indian penal code are not supported by any presumption, which can be drawn under any provision of the evidence act. the offence under section 201, indian penal code has to be independently proved. but the offence under section 304b, indian penal code can be established by .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2005(2)Raj1353; 2005(2)WLC164
..... 304 ipc. in our considered opinion of the facts and circumstances of this case the act of the appellant is one of causing grievous hurt with a deadly weapon which is punishable under section 326 ipc'.18. so far as the case of state of andhra ..... court that the injury in question was caused during a melee in which 6 persons took part therefore in our opinion on the facts and circumstances of this case, the act of the appellant in causing injury to the deceased which led to his death, cannot be the one which could be construed even as an ..... act of culpable homicide not amounting to murder. therefore, to that extent in our opinion the high court feel in error in holding the appellant guilty for an offence under section .....
Tag this Judgment!Court : Rajasthan
Reported in : 2(2006)DMC568
..... ipc. it is not always necessary that there be any agreement for dowry. 38. from a careful reading or section 304b, ipc read with section 113b of the indian evidence act and the observations made by the hon'ble apex court, it appears that the necessary ingredients which are required to be proved by the prosecution in relation to section 304b ..... the manner and requirement of dowry related harassment. but, in section 304b of the indian penal code it appears that in view of section 113b of the indian evidence act, when a question is raised as to whether a woman was subject to dowry death and the prosecution case is that soon before her death such woman had been subjected ..... .32. before examining the contentions, it is to be seen as to what are the requirements of section 304b of the ipc as well as section 113b of the evidence act to raise presumption in such matters. for the sake of convenience, the sections are reproduced hereunder:304b. dowry death-(1) where the death of a women is caused by .....
Tag this Judgment!Court : Rajasthan
Reported in : 1987WLN(UC)646
..... not employed in his concern by use of coercive process of disciplinary jurisdiction. from the observations made by the hon'ble supreme court it is clear that the act complained of must have some rational connection or bearing on the contract of employment between employer and employee. the government has issued circulars from time to time relating ..... the appellant for misconduct relating to morality also, as no charge-sheet has been served upon him in this regard. it may further be observed that the act for which the appellant was placed under suspension has no rational connection or bearing on the contract of employment between the state as employer and the government servant ..... put under suspension, then such a power may be termed as arbitrary power. a government servant may be facing trial of a minor offence under the motor vehicles act. would it mean that he should be placed under suspension because he is facing trial? thus it leads us to infer that government servant could be placed .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2003(3)Raj1553; 2002(5)WLC67; 2002(5)WLN426
..... that multiplier cannot exceed 18 years purchase factor. in the instant case, deceased was 40 years of age and the second schedule to section 163-a of the m.v. act, 1988 which can be taken as a guideline provides the multiplier for a different age group of the victims and for the age group from 40 years to 45 years ..... the death of a young boy.9. the tribunal failed to award the interest from the date of application. section 171 of the act provides that where any claims tribunal allows a claim for compensation made under this act, such tribunal may direct that in addition to the amount of compensation simple interest shall also be paid at such rate and from .....
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