Court : Rajasthan
Decided on : Apr-07-1982
Reported in : 1982WLN(UC)32
kanta bhatnagar, j.1. the petitioner bacbaya khan was tried for the offence under section 4(2) of the rajastban prohibition act, 1969 by the chief judicial magistrate jaisalmer and by his judgment dated 21-7-1977 held guilty for the charge and sentenced to six months'simple imprisonment and a fine .....
Tag this Judgment!Court : Rajasthan
Decided on : Feb-18-1982
Reported in : 1982WLN(UC)43
..... coming out of the well arid her statement to bholaram go to suggest that she was not insane and she knew the consequences of her act. thus the plea of insanity is not borne out.4. coming to the merits of the case, we are of the opinion that ..... in our opinion it is not made out that the appellant was of unsound mind and was incapable of knowing the consequences of her act it is note worthy that when rope was put in the well, the appellant caught hold of the rope and with the help of ..... out that the appellant was insane and was not in a fit state of mind and was incapable of knowing the consequences of her acts and so she cannot be held guilty for the offence under section 302 and 309 i.p.c. from the conduct of the appellant ..... imminently dangerous that it must, in all probability, cause death or such bodily injury as is likely to cause death, and commits such act without any excuse for incurring the risk of causing- death of such injury as aforesaid thus both the offences under sections 302 and .....
Tag this Judgment!Court : Rajasthan
Decided on : Apr-22-1982
Reported in : 1982WLN(UC)110
..... and thereafter the latter met his death and his dead body was taken out from the well in injured condition.11. the most important circumstance in the case is the act of the appellant dropping stones in the well. chokha (p.w. 3) who was on the nearby hillock, grazing herd of camels saw the appellant doing so. the appellant got .....
Tag this Judgment!Court : Rajasthan
Decided on : Feb-04-1982
Reported in : 1982WLN(UC)164
N.M. Kasliwal, J.1. This is a defendant's second appeal in a suit for compensation decree by both the courts below. The plaintiff-respondent Modaram filed a suit against the defendant - appellant on the allegation that the defendant was running an oil factory and flour mill known as the Rajasthan Oil & Flour Mills at Nokha. The plaintiff was an employee in the service of the defendant and use to take oil cakes from the machine. No safety measures had been introduced by the defendant in the factory, as a result of which the plaintiff lost his right hand on March 8, 1966 while working in the factory during the course of employment. The plaintiff claimed an amount of Rs. 8,000/- by way of compensation. The case of the defendant was that though he was running the Rajasthan Oil Flour Mills at Nokha but the plaintiff was not in his service and (he plaintiff did not receive any injury in his Mill. On the basis of the aforesaid pleadings of the parties, the trial court framed the following iss...
Tag this Judgment!Court : Rajasthan
Decided on : Nov-05-1982
Reported in : 1982WLN(UC)292
..... to have 'parted with possession of the premises or part of the premises' so as to entail the liability of eviction under section 13 (l) (e) of the act ?(ii) whether conversion of exclusive possession of the premises by the tenant into a joint possession of the premises by the tenant and a third person constitutes parting with possession ..... shop or any part thereof and the possession throughout remained with the tenant.17. proviso (b) to sub-section (1) of section 14 of the delhi rent control act, 1958 also enables the landlord to evict the tenant if the tenant has sublet assigned or otherwise parted with the possession of the whole or any part of the ..... portion of the 'barsali' in favour of ramzan, and, therefore, a decree for eviction has rightly been passed against the appellant under section 13(1)(a) of the act. the submission of shri mathur is that where the tenant, while retaining the possession of the premises with himself shares the possession of the premises with some other person, he .....
Tag this Judgment!Court : Rajasthan
Decided on : Nov-08-1982
Reported in : 1982WLN(UC)324
S.K. Mal Lodha, J.1. Petitioner Deo Narayan has filed this writ petition under Article 226 of the Constitution of India on July 11, 1974 for quashing the order Ex. 3 dated March 11, 1974 of his compulsory retirement and has also prayed for other consequential reliefs.2. The relevant facts may be noticed: The District and Sessions Judge, Pali, by his order (Ex. 3) dated March 11, 1974, under Rule 244 (2) of the Rajasthan Service Rules (for short 'the Rules' herein) passed the order of compulsory retirement of the petitioner as the petitioner had completed 25 years of qualifying service A bank draft of Rs. 1740/- being three months, pay and allowances in lieu of three months notice was also sent along with the order. It has been stated by the petitioner that his service record was quite clean except for the fact that by order doted November 25, 1947, a fine of Rs 5/- was imposed by the Chief Justice, Chief Court, Jodhpur on the grounds that his work was found 'to be very unsatisfactory' ...
Tag this Judgment!Court : Rajasthan
Decided on : Aug-05-1982
Reported in : 1982WLN417
..... the present peculiar controversy which i have felt better, could have been considered by an industrial tribunal or labour court, intereference under the industrial disputes act unfortunately, the workman has rushed to this court for invoking article 226 without realising that this jurisdiction is full of fetters and limitations both constitutional and ..... 5), the respondents management moved an application to the conciliation officer seeking permission to dismiss him under section 33(3)(b) of the industrial disputes act on 25th may, 1976. this was followed by application for withdrawing the above application which was rejected by the conciliation officer vide annexure 3. the ..... these circumstances, it is not possible to hold that any conciliation proceedings were pending in respect of industrial dispute as defined under section 2(k) of the act, in which the petitioner was concerned. the decision in (3) hindusthan copper ltd. v. central industrial tribunal 1979 lab i.c. 172, amply supports .....
Tag this Judgment!Court : Rajasthan
Decided on : May-05-1982
Reported in : 1982WLN490
..... it should give permission asked for, unless it has reason to believe that the management is guilty of victimisation or is guilty of unfair labour practice or is acting malafide. in that view of the matter, the tribunal has exceeded its jurisdiction in not according approval to the employee's dismissal for the reasons already discussed above ..... against him, he merited punishment of dismissal. the respondent was accordingly dismissed.5. on april 26, 1969, an application under section 33(2)(b) of the act was submitted by the petitioner for seeking approval of the tribunal for the action taken against the respondent no. 1. the tribunal held that the finding arrived at ..... was persistently refusing to work and also disobeying the instructions given to him by his supervisors. he was loitering and wasting his time during the working hours. the acts committed by him amounted to gross misdemeneaur in terms of clauses (1) and (15) of the standing orders of the company and the same was punishable with .....
Tag this Judgment!Court : Rajasthan
Decided on : Aug-17-1982
Reported in : 1982WLN592
..... with the internal working of a university which is an autonomous body without adequate care and caution. but at the same time, where the university may be found to be acting clearly in breach of its own rules and regulations or in excess of its lawful authority or contrary to a provision of the constitution, as in this case, then the ..... d having been made out by the petitioner. it was in this spirit that in priti prabhas case this court observed that where the university may be found to be acting in breach of its rules and regulations or in excess of its lawful authority then high court cannot abdicate its duty of stepping in and calling it to perform its .....
Tag this Judgment!Court : Rajasthan
Decided on : Apr-05-1982
Reported in : 1982WLN(UC)55
..... . katara, medical jurist has noted 14 injuries on the person of champalal. five of them are lacerated wounds, one is haematoma, three are incised wounds and remaining are bruises, abraisons act. as stated earlier, jawaharlal has been held responsible only for the incised wound on the left leg of champalal which according to x-ray report was grievous in nature. the ..... of injuries to champalal has arrived at a conclusion that it view of the facts and circumstances of the case the assailants can be held liable only for their individual acts. the reason for this conclusion given is that the complainant party appears to have entered the house of the appellant with an intention to give a beating. the learned trial .....
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