Court : Rajasthan
Decided on : Oct-29-1990
Reported in : AIR1991Raj72; 1990(2)WLN289
..... page 1396, 'publication' means 'to make public, to make known to people in general; to bring before public; to exhibit; to display, disclose or reveal. the act of publishing anything; offering it to public notice, or rendering it accessible to public scrutity advising of public; making known of something to them for a purpose; as descriptive ..... said to have been published. the manner in which the government press of the state government has ante-dated the gazette notification leave much to be desired. the acts made by the legislature, or rules, regulations, bye-laws etc., which are subordinate legislations enacted by the state government and its agencies affect great number of ..... ) rules, 1990 is quashed. it is declared that these rules have not been made in accordance with the requirements of section 5(1) of the rajasthan fisheries act, 1953. the notice, annexure-4 dated 20-9-1990 is also quashed. the respondents would be free to make amendment in the rajasthan fisheries rules afresh, in .....
Tag this Judgment!Court : Rajasthan
Decided on : Feb-26-1990
Reported in : 1992CriLJ449; 1990(1)WLN119
..... darshan lal v. the delhi administration air 1974 sc 218 : (1974 cri lj 307), it was observed by the apex court that in cases under prevention of corruption act, there should be independent and trust-worthy corroboration of evidence of trap witnesses. in this respect, not only there is no independent/trustworthy corroboration of evidence of trap witnesses ..... the complainant and, therefore, threw it on the floor. it may also be mentioned that granting of sanction under section 6(1 )(c) of the prevention of corruption act, 1947 is not a mere formality. it is necessary that all the facts on which proposed prosecution is based must be proved to have been put before the sanctioning ..... of fine, the appellant has to under further simple imprisonment for three months. under section 5(1)(d) read with section 5(2) of the prevention of corruption act 1947, the accused appellant has been sentenced to one year's rigorous imprisonment and also to pay a fine of rs. 500/-. in default of payment of fine, .....
Tag this Judgment!Court : Rajasthan
Decided on : Feb-17-1990
Reported in : 1990(2)WLN46
..... against the appellant. apart from that, the appellant was below 21 years of age and the trial court should have given him benefit under the probation of offenders act. even the investigation officer was not examined by the prosecution and there were no blood stains on the lathi. the learned public prosecutor has supported the prosecution case. ..... it is punishable with imprisonment by either description for a term which may extent to 10 years with fine or with both. section 6 of the probation of offenders act, 1958 provides that if any person under 21 years of age is found guilty of having committed an offence punishable with imprisonment (but not with imprison-ment for ..... the circumstances of the case, including the nature of the offence and the character of the offender in determining whether the appellant was entitled to benefit of the act. he also did not call for a report from the probation officer and did not consider any report. he also did not refer to any other information available .....
Tag this Judgment!Court : Rajasthan
Decided on : Dec-21-1990
Reported in : 1990(2)WLN530
..... writ petition. it was contended that the petitioner has filed this writ petition as a vigilant teacher. he only wants that the respondent university should act according of law. the qualifications for selection of teachers(lecturers or assistant professors) prescribed in the advertisement annexurcs-5 and 6 are against the ordinance ..... rajasthan university and mohan lal sukhadiya university.11. it was also contended that section 3(3) of the rajasthan universities teachers and officers (selection for appointment) act, 1974 provides for appointment of adhoc teachers only for a period of one year and, therefore, the university cannot extend that period and hence, till ..... marked as annexures-2 and 3 respectively. it was further submitted that section 6(3) of the rajasthan university officers and teachers (selection for appointment) act binds every selection committee to the qualifications laid down in the relevant law. it was also submitted that the advertisement (annexure-6) dated 12.7.1990 .....
Tag this Judgment!Court : Rajasthan
Decided on : Mar-27-1990
Reported in : 1990(2)WLN607
..... by the petitioner against the order dated january 28, 1986; passed by the collector, and district magistrate, bharatpur under section 6a of the essential commodities act, 1955 (for short, ec act). the revision petition arises in the following circumstances.2. m/s prem industries and oil mills bharatpur is manufacturer of oil. it is. a partnership ..... , nai mandi bharatpur. the enforcement in specter filed a report to the collector and the collector, bharatpur gave a notice under section 6a of the ec act and reply was filed on behalf of the firm explaining the various irregularities which were allegedly found and the learned collector under dated january 28,1986, ordered ..... bags of ground-nut weighting 20 quintal and 40 kg. an appeal was filed by the petitioner firm against the order of confiscation under the special provisions act, passed by the collector and the appeal was dismissed.3. it was contended by the learned counsel for the petitioner that each and every contravention alleged to .....
Tag this Judgment!Court : Rajasthan
Decided on : Aug-23-1990
Reported in : 1990(2)WLN441
..... the petitioner has not been able to establish that the hindi sahitya sammclan (prayag), allahabad is a deemed university under section 3 of the university grants commission act, 1956 and as such the aforesaid government order dated 8.7.1988 cannot be pressed into service by the learned counsel for the appellant.12. no other ..... for the holding of examinations through the medium of hindi language and to confer degrees, diplomas and other academic distinctions. so, it is an institution under the act and it arranges for holding of examination and for conferment of degrees etc.10. it has been contended that the hindi sahitya sammelan is an institution of national ..... the institutions of national importance and its name is riot included in the list of deemed universities, the requirement of section 3 of the university grants commission act, 1956 for deeming any institution to be a university is that there should be declaration by the central government to that effect in the official gazette. if .....
Tag this Judgment!Court : Rajasthan
Decided on : Aug-03-1990
Reported in : 1990(2)WLN157
..... good conduct, the learned sessions judge while refusing to release the appellant on probation of good conduct under section 360 cr. pc or under the provisions of probation of offenders act, though gave reasons but in may view the reasons given by learned sessions judge in rejecting this prayer are not convincing. section 361 cr. pc creates a duty upon the ..... the appellant did not consider this aspect of the law and in my view he was not right in refusing to grant probation. section 6 of the probation of offenders act lays down an injunction not to impose a sentence of imprisonment upon an offender of the class covered by this section unless for the reasons recorded by it the court .....
Tag this Judgment!Court : Rajasthan
Decided on : Aug-23-1990
Reported in : 1991ACJ890
..... . the damages which are to be awarded for a tort or those which, so far as money can compensate, will give the injured party reparation for the wrongful act and for all the natural and direct consequences with human suffering or personal deprivations. it is awarded to make good a financial loss. although there is no fixed and ..... laid down by indian and english decisions under the fatal accidents act as far as they may be applicable and insofar as they may promote the interest of justice. the power given to the tribunal is although wide but it is ..... the cross-objection and have not found any justification for raising the amount awarded by the learned single judge. as stated earlier, under section 110-b of the motor vehicles act, the compensation to be awarded should be 'just'. while deciding the 'just compensation' in a case, the tribunal is required to bear in mind and apply the principles .....
Tag this Judgment!Court : Rajasthan
Decided on : Aug-01-1990
Reported in : 1990(2)WLN181
..... of the said land from the petitioners against whom a regular suit for dispossession was filed before the sub divisional officer, bundi under the provisions of rajasthan tenancy act, 1955 by the petitioners. the defendant rodu in that case contested the suit which was ultimately compromised between the petitioners and rodu and a decree in terms ..... deposited in the court shall be returned to them. non-petitioner nos. 1 & 2 had filed a suit under sections 188 and 88 of rajasthan tenancy act for declaration and injunction against the petitioner on the same allegations which have been leveled in this application under section 145, of criminal procedure code and the prayer in that ..... pc by themselves amount to abuse of the process of the court muchless when the revenue court has not accepted the application under section 212 of the rajasthan tenancy act and section 151, read with order 39 rule 1 & 2 cpc. therefore, the order of appointment at receiver out not to have been continued by the .....
Tag this Judgment!Court : Rajasthan
Decided on : Nov-20-1990
Reported in : 1991(2)WLC439; 1990(2)WLN446; 1990WLN(UC)404
..... sub-section (6) or sub-section (8), all persons who were appointed temporarily before the commencement of the rajasthan panchayat samitis and zila parishads (amendment) act, 1976, to posts encadred in the service and who have completed at least two years temporary service on commencement of this sub-section shall be substantively appointed to ..... therefore, the district establishment committee is a creature of the statute and it has to follow the rules governing the subject. once the district establishment committee acting under the provisions of the rules i.e. in terms of rule 17 and according to the qualifications laid down for the posts make selections then those ..... government in the purported exercise of its powers then subsequently the state government cannot issue such inconsistent directions, which are contrary to the provisions of the act and the rules. in the present case, the district establishment committee which is a creature of the stature it can only regulate its functions and no .....
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