Court : Rajasthan
Decided on : Dec-22-1989
Reported in : AIR1991Raj84; 1990(1)WLN326
..... their lordships of the supreme court in tekraj's case (supra) has held that an institution of constitutional and parliamentary studies registered under the societies registration act, 1860 is not 'state' within the meaning of article 12 of the constitution of india, though it receives substantial contribution from the government and the ..... , agencies and institutions to impart education. in view of the numerous decisions cited before me, a private body or a society registered under the societies registration act, 1860 cannot be termed as 'state' within the meaning of article 12 of the constitution of india or falling within the category of 'any other authority ..... r. c. d. education society which was registered as early as in 1976-77 at ajmer is an independent body registered under the rajasthan societies registration act, 1958. likewise, bikaner institution is also run by an independent registered body, whereas the society running jaipur school st. angela sophia was registered in the .....
Tag this Judgment!Court : Rajasthan
Decided on : Jul-06-1989
Reported in : 1990(47)ELT332(Raj)
..... six months for each offence would be quite adequate and reasonable.13. consequently, the revision petition is dismissed. the conviction of the accused-petitioner under section 135, customs act and rule 126p(2) (ii) and (iv) of the defence of india rules, 1962 is maintained. he is sentenced to undergo rigorous imprisonment for six months ..... the earlier case. the only point involved in the subsequent judgment was about the applicability of the provisions of section 20aa of the prevention of food adulteration act. this was not so in the earlier judgment. i am inclined to rely upon the subsequent judgment. in view of the observations made in the subsequent ..... 1967. after framing charges and recording the evidence of the parties, the learned magistrate convicted the accused-petitioner and gave him the benefit of probation of offenders act, as said above. an appeal was filed by the complainant. the learned additional district judge treated it as a revision petition and allowed it. he set .....
Tag this Judgment!Court : Rajasthan
Decided on : Jan-30-1989
Reported in : 1991CriLJ125; 1990(1)WLN201
..... to come to the conclusion and there must be specific allegations and material that the investigation is not proceeding on proper lines and that the investigating officer is acting in a partisan manner, ignoring the important facts and evidence and only then the court should order the transfer of investigation from the local police to the ..... cbi, or the court will have to peruse the case diary and other material in order to see whether the investigating agency is proceeding impartially and is not acting in a partisan manner. the supreme court had the occasion to examine the question in the aforesaid case of sampatlal (supra) and said that unless there is ..... of the court so far as transfer of investigation from local police to cbi is concerned. under section 2 of the delhi special police establishment act, 1946, (for short, the act) the central government may constitute a special police force to be called the delhi special police establishment for the investigation in any union territory of .....
Tag this Judgment!Court : Rajasthan
Decided on : Jan-25-1989
Reported in : AIR1990Raj81
..... v. nagappa, air 1975 sc 1708. the supreme court in that case was dealing with the election to karnataka municipality under the karnataku municipalities act. section 14 of that act carne up for consideration before the supreme court. in that case the returning officer had been appointed and having published the calendar of elections the ..... at which it was stayed? mr. m.i. khan, contended that the election process started and there is an alternative remedy efficacious under section 75 of the act and, therefore, this court should not interfere. no doubt this court has taken this view in few cases but as shall be presently (com, second column)a ..... an important question involved in this writ petition is as to whether once a calendar for election in accordance with the provisions of the rajasthan cooperative societies act, 1965 (for short, the act of 1965) and under the rajasthan cooperative societies rules, 1966 (for short, the rules) has been fixed, all steps except the polling which had .....
Tag this Judgment!Court : Rajasthan
Decided on : Jan-09-1989
Reported in : 1990ACJ542; 1989(2)WLN98
..... official duty and in the performance of a duty specially enjoined by law, under which such record is kept and, therefore, falls within the scope of section 35, evidence act. in panchanan mondal v. state, 1971 criminal law journal 875, it was held that the accused was entitled to get certified copy of the first information report which was ..... of gyanchand bhandari.6. as against this, the learned counsel for the respondent urged that by virtue of first proviso to section 30(1) of the workmen's compensation act, no appeal lies against any order unless a substantial question of law was involved in the appeal and according to him, in the instant case no substantial question of ..... was employed by gyanchand bhandari, the latter was a contractor and the principal was the appellant and on account of the provisions contained in section 12 of the act, the appellant was still liable to pay compensation.7. it is true that no appeal lies against any order mentioned in sub-section (1) of section 30 of .....
Tag this Judgment!Court : Rajasthan
Decided on : Jul-19-1989
Reported in : 1990WLN(UC)437
M.B. Sharma, J.1. The accused petitioner as per the latter cum petition which has been treated as writ petition, was convicted Under Section 302 I.P.C. on 16th October, 1982, and was sentenced to imprisonment for life. An appeal was filed by him and that too was dismissed by the High Court, Jodhpur, and petitioner is presently undergoing sentence in Central Jail, Jaipur. The Special Leave Petition is said to be pending before the Supreme Court. The petitioner seeks release on parole for a period of 60 days to enable him to repair his Kachha House which was said to have been damaged by rain during last year.2. The contention of the learned Counsel is that the petitioner is entitled to be released on parole on humaitarian ground to enable him to repair his house. It appears from the writ petition that the petitioner has been released on emergency parole on as many as three occasions during the year 1983 and 1988. According to the petitioner his conduct during the period to which he was r...
Tag this Judgment!Court : Rajasthan
Decided on : Jul-04-1989
Reported in : I(1990)ACC574; 1990ACJ1086
..... , appeal or application, the day from which such period is to be reckoned, shall be excluded. 6th july, 1980 has also to be excluded under section 4 of the limitation act as admittedly it was sunday and the tribunal was closed on that day.7. it has been observed in mohim chandra chakravarty v. national transport (india) pvt. ltd. 1972 acj ..... of the case giving rise to the appeal may be summarised thus.2. on july 7, 1980 (monday), the appellant filed a claim petition under section 110-a of the act claiming rs. 55,000/- as compensation with the allegation in short, that on january 6, 1980 at about 5.30 p.m. he was going to church situated near head ..... 1099, following an earlier decision of the same court in kaushalya rani v. gopal singh air 1964 sc 260, held that even if there is an omission in the limitation act in providing a period of limitation which a special law provides for, such provision in the special law is different from that provided for in the limitation .....
Tag this Judgment!Court : Rajasthan
Decided on : Sep-12-1989
Reported in : 1990(1)WLN710
..... vexatiously made search or malafide action which is punishable under the law but even malafide in law has been made punishable under sections 58 and 59 of the ndps act.20. the result is that the appeal is allowed, the conuiction and sentence passed against the accused-appelants, bhanwar singh and chandra singh, are set aside ..... conditions upon the power to make search, arrest and seizure, is to provide, in words of their lordships of the privy council, 'safeguard to accused against act malafide whimsical or arbitrary investigation of case of an accused'. hence valuable safeguards and requirements are required to be fulfilled in litter and spirit for the police officers ..... the property of any person on the pretence of seizing or searching for any narcotic drug or psychotrophic substance or other article liable to be confiscated under this act, or of seizing any document or other article liable to be seized under section 42, section 43 or section 44; or(c) vexatiously and unnecessarily detains, .....
Tag this Judgment!Court : Rajasthan
Decided on : Dec-19-1989
Reported in : 1990WLN(UC)80
..... sentence less than three months.10. consequently, i hereby parly allow this revision petition. while maintaining the conviction of the accused petitioner under section 7/16 of the pf act, the sentence is reduced to three months simple imprisonment and a fine of of rs. 500/- and in default of payment of fine to further suffer 15 days imprisonment. ..... constituent is below the minimum prescribed standard of purity, the article of food is adulterated within the meaning of cl. (m) of section 2(i)(a) of the act. i am of the considered opinion that if any of the constituent present in quantity not with the prescribed limits of variability but which does not render it injurious to ..... , jhunjhunu in criminal case no. 240/1978 under its judgment dated 31st december, 1981 for an offence under section 7/16 of the prevention of food adulteration act, 1954 (for short the act) and was sentenced to under go six months simple imprisonment and to pay a fine of rs. 1,000/- and in default of payment of fine to .....
Tag this Judgment!Court : Rajasthan
Decided on : May-09-1989
Reported in : [1990]79STC334(Raj)
..... of the account books and to make a best judgment assessment.4. reference was made by the learned counsel to section 5c and section 21 of the rajasthan sales tax act, 1954, along with rule 42 of the rules framed thereunder to contend that mere non-maintenance of the stock register results in this consequence. it was argued that in the .....
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