Court : Rajasthan
Decided on : Mar-31-1993
Reported in : 1993CriLJ3182; 1993(2)WLC27
..... casting aspersions on the integrity of a judge or his impartiality in dealing with cases is a criminal contempt within the meaning of section 2(c) of the act.26. thus, the legal position which emerges on the basis of the adjudications in the aforesaid cases is that the counsel who signs and presents an application ..... contempt' means the publication (whether by words, spoken or written, or by signs, or by visible representations, or otherwise of any matter or the doing of any other act whatsoever which -(i) scandalises or tends to scandalise or lowers or tends to lower the authority of, any court; or(ii) prejudices, or interferes or tends to interfere ..... the matter should be placed before hon'ble the chief justice for constituting division bench for initiating proceedings against the contemners under the provisions of contempt of courts act, 1971.extra copy of the application duly signed by the aforesaid persons submitted by them, may also be placed for perusal of hon'ble the chief justice.' .....
Tag this Judgment!Court : Rajasthan
Decided on : Nov-08-1993
Reported in : 1995CriLJ25
..... the respondent's statement in the trial court, it is clearly permissible to accept that part of the statement which accords with the evidence on the record, and to act upon it. parts of the written statements of the accused rajudas and mahaveer can well be used against them.question no. 11.30. it is correct that the ..... to argue that if the statement of the respondent is to be considered at all, it must be taken as a whole and that it is not permissible to act upon one portion of the statement which shows the presence of the respondent in the company of the deceased, and leave out those portions which are exculpatory. it ..... rajudas, mst. bhagwani and ganesh das were arrested. baniyans of male accused were found stained with blood and they were seized. they gave information under section 27, evidence act and weapons of offence were recovered in pursuance thereof. sealed packets were sent to the forensic science laboratory, raja-sthan, jaipur and report of the chemical examination was received.3 .....
Tag this Judgment!Court : Rajasthan
Decided on : Sep-10-1993
Reported in : 1994CriLJ691; 1994(3)WLC224; 1993WLN(UC)485
..... the person of smt. roshni and the appellant set roshni's clothes ablaze by lighting a match stick. mst. roshini sustained severe and extensive burns due to this act of the appellant and eventually smt. roshni succumbed to the burn injuries and died. on these findings, appellant could not have been at all acquitted of charge under ..... he rejected.27. we may here state that though a dying declaration recorded by a police officer is admissible in evidence under section 32 of the indian evidence act, yet it has been considered better to leave such dying declarations out of consideration. the apex court has deprecated the practice of recording of a dying declaration by ..... roshni and the statement of roshni recorded by mahesh singh is quite credible and worthy of reliance and the learned trial judge did not commit any mistake in acting upon the dying declaration of roshni recorded by mahesh singh. he contends that the conviction and sentence recorded by the learned trial judge do not call for any .....
Tag this Judgment!Court : Rajasthan
Decided on : Sep-30-1993
Reported in : 1994CriLJ1776
..... the order dated 22nd february, 1985, passed by sessions judge, jalore, convicting and sentencing the appellant under section 302, i.p.c. and under section 27 of the arms act, is set aside. the amount of fine, if recovered from the appellant, be refunded to him. the appellant shall be released forthwith, if he is not wanted or serving ..... 302, ipc and 2 years rigorous imprisonment under section 27 of the arms act.2. the accused surjan son of ganesh, was found guilty of having committed murder of one ram chander, at about 10.00 a.m. on 20th december, 1980, ..... february, 1985, in sessions case no. 11/83, by which the accused-appellant surjan was convicted under section 302, indian penal code and under section 27 of the arms act, and sentence to undergo imprisonment for life and pay a fine of rs. 1000/-, or on failure to pay fine to further undergo 6 months rigorous imprisonment, under section .....
Tag this Judgment!Court : Rajasthan
Decided on : Nov-10-1993
Reported in : [1995(70)FLR241]; (1995)IILLJ222Raj
..... a failure report to the government. thereafter, the government issued notification dated october 26, 1989 in exercise of its power under section 10(1)(c) of the industrial disputes act, 1947 and made a reference of the dispute to the labour court, jaipur. it was pleaded on behalf of the workman that he had completed more than 240 days ..... on behalf of the employer that termination of service of the petitioner did not fall within the ambit of the term 'retrenchment' under section 2(oo) of the 1947 act. the labour court held that the work against which the workman had been engaged had been continuing and the corporation had not been closed. it also rejected the plea ..... state road transport corporation is entitled to have sundays and other holidays counted for the purpose of computation of 240 days service as envisaged in section 25b of the 1947 act.4. another argument of shri bhandari is that termination of the service of the workman does not fall within the ambit of section 2(oo) and it falls .....
Tag this Judgment!Court : Rajasthan
Decided on : Sep-07-1993
Reported in : (1994)IILLJ670Raj
..... tribunal has found no evidence that the aforesaid four persons were employed and terminated on the basis of amendment of 1958 in section 2(g) of the industrial disputes act by which clause (iii) was inserted. the tribunal further held that the company (respondent no.2) would be deemed to be employer by virtue of this ..... they became the employees of the company by virtue of section 2(g)(iii) added by rajasthan amendment of 1958, and after the act of 1970, there was no jurisdiction under industrial disputes act for matters relating to contract labour. the case was decided by the tribunal against the petitioner.8. detailed arguments have been heard ..... no.2 was that the workmen were employed through contractors and as per the provisions of contract labour (regulation & abolition) act, 1970, the state government could not have made a reference under the industrial disputes act.3. the learned industrial tribunal framed the following points of 'dispute:-4. the point no. 1 framed by the learned .....
Tag this Judgment!Court : Rajasthan
Decided on : Oct-01-1993
Reported in : [1994]95STC374(Raj)
..... conduct and then finding is given that it is afterthought. the assessing authority must himself find out as to whether there is any contravention of the provisions of the act and should not he guided with the directions of the deputy commissioner as it appears in the present case. after verification of the entries from gopi chand sardarmal & ..... case, the tribunal was justified in setting aside the levy of penalty under section 22a(7) of the rajasthan sales tax act ?'2. on january 2, 1985, truck no. pjp 7241 was checked at vishwakarma industrial area, jaipur. the statement of the driver was recorded. it was found that ..... order of the rajasthan sales tax tribunal dated october 18, 1989, by which penalty of rs. 13,275.60 levied under section 22a(7) of the rajasthan sales tax act, 1954, was set aside. the following question of law has been raised arising out of the order of the tribunal :'whether, in the facts and circumstances of the .....
Tag this Judgment!Court : Rajasthan
Decided on : Mar-30-1993
Reported in : [1993]204ITR787(Raj)
..... iii) cannot be applied to club the income of the minor in computing the total income of the assessee-hindu undivided family. the said decision was followed in cit v. bal mukund . it is no doubt true that a few high courts have taken the view in favour of the revenue but the golden rule of interpretation is that the interpretation ..... order of the appellate assistant commissioner deleting the share income of the minor sons assessed in the hands of the assessee under section 64(1)(iii) of the income-tax act, 1961 ?'2. the brief facts of the case are that the assessee, dharam chand, was a partner of messrs. jain vastralaya, bhawani mandi, in the status of a hindu ..... karta of the hindu undivided family that the income of the minor child of that individual can be clubbed in accordance with section 64(1)(iii) of the income-tax act, 1961. in other words, where the minor child's parent is the assesses in a representative capacity as karta of the hindu undivided family and not as an individual, .....
Tag this Judgment!Court : Rajasthan
Decided on : May-26-1993
Reported in : (1994)ILLJ581Raj; 1993(2)WLC356; 1993WLN(UC)342
..... section 33c(2), the petitioner may have been compelled to take further proceedings for implementation of the same by way of recovery under the public demands recoveries act and then sought a further writ of a mandamus from this court if the administrative authorities were to ignore the demand made by the petitioner. wanton ..... of the term 'other authorities' under article 12 of the constitution of india and being an instrumentality of the state, municipal council, jodhpur is bound to act in consonance with the constitutional injunctions. he further submitted that arrears of back wages payable to the petitioner in terms of the award constitute his property. his property ..... filed writ petition no. 564/92. on april 20, 1992 this court passed an order in accordance with the provisions of section 17b of the industrial disputes act, 1947 for payment of salary to the petitioner. subsequently that writpetition was dismissed by the court on january 5, 1993 on account of default of the petitioner .....
Tag this Judgment!Court : Rajasthan
Decided on : Apr-30-1993
Reported in : [1994]205ITR553(Raj)
..... an allowable deduction. there may be an interval between setting up of a business and commencement of business. the term 'business' has been defined in section 2(13) of the act to include any trade, commerce or manufacture or any adventure or concern in the matter of trade, commerce or manufacture. a continuous exercise of activity constitutes the business. a bundle .....
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