Court : Rajasthan
Decided on : Aug-27-1991
Reported in : 1991(2)WLN513
..... assigned for a.c.rs. and how much marks is to be assigned to the interview. this confers uncanalised power on the committee. the committee is in a position to act according to its whims therefore such policy is discriminatory and arbitrary. as the law has been laid down by a series of judgments by the hon'ble supreme court that ..... with law.4. the petitioner is an association of the officers of the state bank of bikaner and jaipur. it is a trade union registered under the indian trade union act bearing registration no. 2/86. it has as its members a large number of officers of the state bank of bikaner and jaipur. it is alleged that the petitioner is ..... exercise of the power by the delegated authority and it leaves everything to the whims, therefore, some of the provisions were struck down and it was observed as under:the act does not lay down any guideline for the exercise of the power by the delegated authority, as a result of which the authority is in a position to .....
Tag this Judgment!Court : Rajasthan
Decided on : Mar-04-1991
Reported in : 1992(3)WLC661; 1991(1)WLN291
..... but an authority created by a statute cannot question the vires of that statute or any of the provisions thereof where- under it functions. it must act under the act and not outside it.14. it may be stated that their lordships of the supreme court while quoting with approval the observations of derbyshire [c.j.]. ..... the chief justice may from time to time appoint. this committee shall be called the administrative committee.(2) subject to these rules, the administrative committee shall act for the court in its administrative business in respect of the matters enumereted in rule 17.rule 17. matters on which the administrative committee shall be consulted:-the ..... courts with a view to promote conciliation in, and secure speedy settlement of, disputes relating to marriage and family affairs and for matters connected therewith. before this act came into force, certain amendments were made in the criminal procedure code, 1973 and certain changes were made in the c.p.c. in the year 1976 as regards .....
Tag this Judgment!Court : Rajasthan
Decided on : May-28-1991
Reported in : 1991(1)WLN499
..... 25(1)(a) arms act and acquit them of the said charges. shankar is on bail and need not surrender to his bonds. dharampal shall be set ..... in the result, i find that prosecution has failed to bring home charges under section 302 ipc and 25 and 27 arms act against dharampal; it has failed to establish charge under section 25(1)(a) arms act against shankar. hence the appeal deserves to be accepted.verma, j.we hereby accept the appeal and set aside the judgment, ..... conviction and sentences passed upon dharampal for offences under section 302 ipc and 25 & 27 arms act and conviction and sentence of shankar for offence under section .....
Tag this Judgment!Court : Rajasthan
Decided on : Mar-29-1991
Reported in : 1991(1)WLN153
..... buyers, these amounts were not included in the bills & vouchers through which the goods were sold and the buyers paid the amounts of freight. section 2 (p) of the rajasthan act defines 'sale-price' as under:(p) ' sale-price' means the amount payable to a dealer as consideration for the sale less any sum allowed as cash discount according to the ..... payable in respect of its execution inclusive of the value of all goods and the labour and other charges involved in such execution.6. similarly, section 2 of the central act defines 'sale price' as under:2(h) 'sale price' means the amount payable to a dealer as consideration for the sale of any goods, less any sum allowed as ..... is very difficult to hold that the amount of the freight formed part of the sale price within the meaning of section 2(p) of the rajasthan act and section 2 of the central act. as such it is difficult to maintain the order of the learned member of the tribunal.9. consequently, the revision petition is allowed. the orders of .....
Tag this Judgment!Court : Rajasthan
Decided on : Jun-26-1991
Reported in : 1991(1)WLN445
..... allegations contained in the first information report no. 106/91 it cannot be said that the petitioners are accused of having committed offence under section 3 of the 1989 act.9. so far the other allegations are concerned, they do not constitute such offences which are sufficient for declining the grant of anticipatory bail to the petitioners. it ..... these ingredients are to be found in the accusation, it could be said that the person is accused of having committed an offence under section 3 of the 1989 act.8. in the present case, the allegations contained in the first information report show that the petitioners had gone to the resident of man singh jatav and started ..... general provisions of anticipatory bail contained in section 438 cr. pc, it has to be construed strictly. once it is found that an offence specified under the 1989 act is committed irrespective of the gravity of the offence anticipatory bail has to be declined. but the court has to apply its mind to the facts of the case .....
Tag this Judgment!Court : Rajasthan
Decided on : May-06-1991
Reported in : 1991(1)WLN423
..... in jail for about four months. he further submits that looking to the antecedents and character of the petitioner, he may be extended the benefit of the probation of offenders act. in support of the submissions, the learned counsel for the petitioner placed reliance on the following cases; sohan lal v. state of rajasthan. 1990 rcc page 363 and bhanwar ..... year 1979 which is almost eleven years back on the fact that the petitioner is a government servant and the point of granting the benefit of the probation of offenders act have not at all been considered by the subordinate courts. so, i am of the opinion that the petitioner should also be granted the benefit of the probation of ..... at the same time i feel if just and proper that compensation should also be awarded to the heirs of deceased persons under section 5 of the probation of offenders act.6. for the reasons given and inview of the principles laid down in the case of reported in 1979 sc page 964 it is ordered that the conviction of .....
Tag this Judgment!Court : Rajasthan
Decided on : Feb-12-1991
Reported in : 1991(1)WLN462
..... dealers licence order. enforcement inspector seized the 43 bags of sugar and matter was presented before the collector for disposal of the properly under section 6 of the essential commodities act. the collector, sri ganganagar, ordered for confiscation of the 43 bags of sugar on 21-1-1981. against that order non-petitioner filed an appeal under section 7 before the .....
Tag this Judgment!Court : Rajasthan
Decided on : Jan-29-1991
Reported in : 1991(1)WLN528
..... , then the provisions of the order, 1974 become applicable and as the contravention of the order, 1974 is punishable under section 3/7 of the essential commodities act, therefore, the person, contravening these provisions, can be prosecuted under this section. it is not in dispute that 1000 bags of cement were given to the ..... judge, on august 18, 1988, after giving an oportunity of hearing to the petitioners, framed the charges against them under section 3/7 of the essential commodities act and section 406 and 120b, ipc. it is against this order, framing the charges, that the petitioners have preferred this petition under section 482 of the code ..... report, so far as accused mohan lal is concerned, but the police submitted the challan against accused krishna kumar under section 3/7 of the essentiual commoidities act and sections 406 and 411 ipc. after the submission of the challan, an application was moved by the learned public prosecutor for taking cognizance against accused mohanlal .....
Tag this Judgment!Court : Rajasthan
Decided on : Feb-25-1991
Reported in : 1991(1)WLN70
..... . and not the discretion of the court. the explanation-i added to sub-section (2) of section 167 cr.p.c, which was added by the cr.p.c. (amendment) act,1978, made it clear that the accused shall be detained in custody so long as he does not furnish bail. the question, therefore, which requires consideration, is which is the .....
Tag this Judgment!Court : Rajasthan
Decided on : Jul-08-1991
Reported in : 1992(1)WLC383; 1991WLN(UC)386
..... the following necessary particular, statement of facts and essential ingredients must be contained in the pleadings:(1) direct and detailed nature of corrupt practice as defined in the act,(2) details of every important particular must be stated giving the time, place, names of persons, use of words and expressions, etc.(3) it must clearly ..... agents/supporters have indulged in corrupt practice of booth capturing as defined under section 123/135a and have committed corrupt practice as defined under section 123(s) of the act, 1951.8. in daulat ram chauhan v. anand shanna : [1984]2scr419 , in para 18 it has been held that in order to constitute corrupt practice, ..... therefore, the petition deserves to be dismissed on this account it may be stated that under provisions of section 83 of the representation of people act, 1951 (for brevity 'the act, 1951') it is provided that 'where the petitioner alleges any corrupt practice, the petition shall also be accompanied by an affidavit in the prescribed .....
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