Court : Rajasthan
Decided on : Jun-02-1989
Reported in : 1990CriLJ392; 1989(2)WLN578
..... were wholly illegal and totally without jurisdiction. here is a case where there was complete absence of jurisdiction. pw 23 surat singh the station house officer acted completely without jurisdiction. his act cannot be said to have been done in good faith. the appellants, therefore, had a right to use violence or force to prevent the police party ..... in recovering and taking mst. prem. as such they committed no offence in using the violence or force against the police party who was bent upon committing the unlawful acts. in support of its case, the prosecution examined 30 witnesses and filed as many as 85 documents. in defence, the accused examined jailal (dw 1). on ..... accused) sentenced to various terms of imprisonment with fine. the five female accused were released on probation of good conduct under section 4 of the probation of offenders act, 1958.3. narrated in a nutshell, the prosecution case is that dw 1 jai lal meena of village ronejathan (district alwar) was wanted as an accused in .....
Tag this Judgment!Court : Rajasthan
Decided on : Jan-19-1989
Reported in : 1990CriLJ2669; 1990(1)WLN62
..... that an officer of the rank of executive magistrate, acted in such a derogatory manner.9. under these circumstances, 1 am of the opinion that all the proceedings under section 107/116, cr. p.c. initiated against the petitioners ..... , but the learned sdm without applying his mind, in a very derogatory manner, acted and passed the impugned order, which even cannot be imagined. it could be tolerated, had it been an action of a police officer, but, it is really very surprising ..... principle can never be lost sight of by any judge, particularly when, for maintaining the respect or dignity of a court of law, there is the contempt of courts act for the benefit of any presiding judge.'8. regarding the present case, sufficie it to say that there was no importance in the matter, which is of such petty nature .....
Tag this Judgment!Court : Rajasthan
Decided on : Dec-21-1989
Reported in : (1991)IILLJ290Raj; 1990(1)WLN345
..... company served a charge-sheet on second respondent. one of the issues was that, can the appellant company take disciplinary action against the second respondent for acts of misconduct said to have been committed at the places, referred to in the charge-sheet in that case their lordships of the supreme court considered clauses ..... was held that in a number of cases, conditions of service for industries are laid down by standing orders certified under the industrial employment (standing orders) act, 1946 and it has been held that, though such standing orders are binding between the employers and employees of the industry governed by these standing orders, ..... then that the tribunal would consider whether the punishment imposed is justified. after review of various decisions of the supreme court and the contents of section 11a of the act, vaidialingam j. speaking for the court, deduced, inter alia, the following principles (pp. 293-294): '2. before imposing the punishment, an employer is .....
Tag this Judgment!Court : Rajasthan
Decided on : Apr-11-1989
Reported in : (1993)IIILLJ361Raj; 1989(2)WLN682
..... to retrenchment of workmen. section 25f applies to any industry whereas section 25n applies only to the specified industrial establishments mentioned in sections 25k and 25l of the act. one thing is, however, common in them and that is that they apply only when the termination of the service of the workmen amounts to retrenchment. ..... but is of clear closure. the furniture making centre was closed on account of the heavy losses in that unit. the provisions of section 25n of the act are not applicable because only 31 persons are employed in the furniture making centre. compensation payable to each individual workmen of furniture making centre in accordance with ..... workmen employed in the furniture making centre. this retrenchment is not valid because the provisions of section 25f and section 25n of the industrial disputes act, 1947 (for brevity 'the act') have not been complied with. the closure is also bad because the provisions of section 25fff have not been complied with. no compensation of .....
Tag this Judgment!Court : Rajasthan
Decided on : Jul-27-1989
Reported in : 1990CriLJ2720; 1989(2)WLN595
..... of nature to cause death. therefore, his conviction under section 302, i.p.c. appears to be quite proper.25. so far as his conviction under section 27 arms act is concerned, although it has not clearly been established that the injuries had been caused to hingol singh by the gun recovered in this case but there is no room ..... a whole, with due caution and care, accept, in the light of the other evidence on the record, that part of his testimony which he finds to be creditworthy and act upon it. if in a given case, the whole of the testimony of the witness is impugned, and in the process, the witness stands squarely and totally discredited, the ..... the court of the learned sessions judge, balotra. the learned sessions judge framed a charge under section 202, i.p.c. and another under section 27 of the arms act against the accused. he pleaded not guilty. the prosecution examined 19 witnesses and produced 21 documents. the accused denied the prosecution story but did not examine any witness in his .....
Tag this Judgment!Court : Rajasthan
Decided on : Nov-23-1989
Reported in : 1991CriLJ2321; 1990(1)WLN515
..... of age at the time of incident and was, therefore, below 21 years of age. it is, therefore, contended that benefit of section 4/6 of the probation of offenders act should have been given to him.4. the contention of shri lokesh shanna, learned public prosecutor is that the accused-appellant was aggressor and question of his having any right .....
Tag this Judgment!Court : Rajasthan
Decided on : Nov-01-1989
Reported in : 1990(1)WLN68
..... only a pure executive function of short listing on the basis of rational criterion, and if that has not been made public then no exception could be taken to this act of the state. learned counsel has also invited my attention to ugamraj bhandari v. the state of rajasthan and anr (supra) in this case a district judge was dismissed from .....
Tag this Judgment!Court : Rajasthan
Decided on : Oct-16-1989
Reported in : 1990(1)WLN703
..... minerva shiksha v. mithlesh kumari 1985 rlw 22. these are cases where material documents were not considered by the courts-below and, therefore, it was held that they acted illegally and with material irregularity in the exercise of their jurisdiction. these authorities do not apply to the present case. here, the case of the petitioner is that ..... , the application for review cannot be said to be a proper one so also is the case in m.t. cherian's case (supra) because the appellant was acting diligently, bonafide in filing review application. so also again is inder singh's case (supra). thus, all these authorities are clearly distinguishable and i am clearly of the ..... private individuals... but a somewhat different complexion is imparted to the matter where government makes out a case where public interest was shown to have suffered owing to acts of fraud or bad faith on the part of its officers or agents and where the officers were clearly at cross-purpose with it.in those circumstances, it .....
Tag this Judgment!Court : Rajasthan
Decided on : Nov-07-1989
Reported in : 1990(2)WLN55
..... station house officer, hanumangargb junction in pursuance of the investigation is fir no 52 of 2-3-1988 under sees 307/34 & 336 ipc and section 27 of the arms act, will be enlarged on bail on his furnishing a personal bond in the sum of rs. 6,000/- with two sureties in the sum of rs. 3,000/- each ..... petitioner was very well available and 'for extraneous reasons, the police officers made no effort to arrest the petitioner. in such suspicious circumstances created by the police by its own acts and omissions, it becomes a worth case to grant anticipatory bail.3. i allow this bail application and order that the petitioner, daljeet singh, if sought to be arrested by ..... gurdeo singh, the officer-in-charge of the police station, hanumangarh bad registered a case for offences under sections 307 and 336, ipc and tinder section 27 of the arms act. although, a period of one year and 8 months has elapsed but so far no charge-sheet has been filed. it appears from the case diary that practically the .....
Tag this Judgment!Court : Rajasthan
Decided on : Dec-20-1989
Reported in : 1990WLN(UC)61
I.S. Israni, J.1. Heard both the parties and perused the file.2. It is contended by Shri N.A. Naqvi, learned Counsel for the petitioner that earlier an application was filed by the petitioner from jail which was decided on 10-7-1989 by this Court In this order it was directed by this Court that since only Investigating Officer remains to be examined for whom several adjournments have been made, he should be examined without further delay and the trial should be completed within a period of two months from the date of the order. It is also pointed out by the learned Counsel that an application Under Section 311 Cr. PC was filed by the State for additional evidence which was dismissed on 20-10-1989 but still the trial has not been concluded. The petitioner is in jail since last about 42 months.3. Shri K.N. Shrimal, learned Additional Government Advocate submits that since the evidence has already been recorded the matter can be heard and disposed early. Therefore, in these circumstances ...
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