Court : Rajasthan
Decided on : Feb-28-1994
Reported in : (1995)IILLJ452Raj
..... adjudication of the industrial disputes relating to any matter specified in the second schedule and for performing such other functions as may be assigned to them under this act. 7-a. tribunals. - (1) the appropriate government may, by notification in the official gazette, constitute one or more industrial tribunals for the adjudication ..... mean an industrial tribunal constituted under section 7a and includes an industrial tribunal constituted before may 10, 1957, under the 1947 act. the expression 'unfair labour practice' has been defined in section 2(ra) and it means, any of the practices specified in the fifth schedule. section ..... provision for the investigation and settlement of industrial disputes and for certain other purposes, hereinafter appearing; it is hereby enacted as follows:' section 2 of the 1947 act contains various definitions. 7. section 2(kkb) defines 'labour court' as a labour court constituted under the section. section 2(r) defines 'tribunal' to .....
Tag this Judgment!Court : Rajasthan
Decided on : Feb-25-1994
Reported in : 1994CriLJ2141; 1994(1)WLN572
..... ' rigorous imprisonment with a fine of rs. 250/- and in default of payment of fine to further undergo fifteen days' rigorous imprisonment under section 3 of the indian arms act. aggrieved thereof, the appellant has preferred this appeal.3. it is contended by the learned counsel for the appellant that there are material discrepancies in the statement of the prosecution ..... , after trial, by his judgment dated 6-7-1993 convicted the accused-appellant for the offences under section 302, i.p.c. and section 3 of the indian arms act and sentenced him to imprisonment for life and a fine of rs. 1000/- and in default of payment of fine to further undergo rigorous imprisonment for a period of three ..... by which the learned additional sessions judge convicted and sentenced the accused-appellant hakru for the offence under section 302, i.p.c. and section 3 of the indian arms act.2. the case of the prosecution is that on 22-6-1991, at about 7.00 p.m., bhuria s/o onkar was returning to his house along with .....
Tag this Judgment!Court : Rajasthan
Decided on : Nov-23-1994
Reported in : 1995CriLJ2403; 1995(1)WLC180
..... involved in the present cases was not for consideration before the division bench. the division bench, while considering the provisions of section 74 of the act vis a vis the disciplinary proceedings and the procedure to be adopted in the cases wherein departmental proceedings are contemplated against an employee or they are ..... , jodhpur, rejecting his applications in both the cases, preferred revision petitions and both the revision petitions were decided by the learned special judge, e. c. act cases (additional sessions judge), jodhpur, by his order dated 2-11-92, who dismissed the revision petitions filed by the petitioner. it is against this order ..... cases for dropping the criminal proceedings on the ground that the proceedings were taken by the department under section 74 of the rajasthan co-operative societies act for the repayment of the amounts regarding which the petitioner is alleged to have committed criminal breach of trust and, therefore, the criminal proceedings with .....
Tag this Judgment!Court : Rajasthan
Decided on : Apr-19-1994
Reported in : (1998)IIILLJ706Raj; 1994(2)WLC227; 1994(1)WLN406
..... period, the termination of service of the workman cannot be treated as retrenchment. he pleaded that said termination is in accordance with section 2(00)(bb) of the act of 1947. according to shri simlot, even though no written order had . been passed by the employer extending the term of employment of the petitioner after january ..... the employer pleaded that termination of service of the workman does not fall within the scope of the term 'retrenchment' under section 2(oo) of the 1947 act.3. petitioner gave his statement in support of his claim while the department produced shri madan lal verma and shri abdul razak as its witnesses.4. after considering ..... the conciliation officer submitted his failure report to the state government. by its notification dated march 5, 1991 issued under section 10(1)(c) of the industrial disputes act, 1947, the state government made reference of the dispute to the labour court. jaipur for adjudication.2. in his statement of claim, filed before the labour court .....
Tag this Judgment!Court : Rajasthan
Decided on : Mar-18-1994
Reported in : 1994CriLJ1565; 1994(1)WLN521
..... , : 1983crilj441 . it is, also, contended by the learned counsel for the appellants that the fatal assault given to deceased satya prakash was a sudden, unanticipated and an individual act of an unascertaubed assailant and, therefore, all the appellants cannot be held guilty for sharing the common intention with the person who gave the knife blow on the abdomen of ..... sessions judge, after trial, acquitted all the accused-appellants of the offence under sections 307 and 307/34, i.p.c, and section 4/25 of the indian arms act, but convicted them for the offences under section 324/34, i.p.c, for inflicting injuries on the person of girdhar gopal. the learned additional sessions judge, also, ..... 302/34, 307 and 307/34, i.p.c. accused-appellant ganpat singh and nakul singh were, also, tried for the offence under section 4/25 of the indian arms act.3. the prosecution case, as unfolded as the first information report ex. p.25, registered at police station, hiran magri, udaipur, at 7.30 p.m. on 15- .....
Tag this Judgment!Court : Rajasthan
Decided on : Feb-09-1994
Reported in : 1994CriLJ2137; 1994(2)WLC250; 1994(1)WLN92
..... production of licence :- (1) any person who (a) holds a licence granted or renewed or a pass, permit or certificate granted under these rules, or(b) is acting under colour of such licence, pass, permit or certificate, shall forthwith produce such licence, pass, permit or certificate upon demand by any magistrate or any police officer of a ..... time i.e. on 3-5-1991 itself and hence there was no contravention of rule 62 so as to constitute an offence under section 30 of the arms act. it is, therefore, urged that the petition should be allowed and the proceedings pending before the learned mjm, sumerpur should be quashed.7. learned public prosecutor ..... petitioner. bhabhoot singh seized the revolver and the cartridge. the relevant memos were prepared. petitioner was challenged to face trial for offences under section 27 of the arms act.3. it appears that petitioner was produced before the learned magistrate on 3-5-1991 when a bail application was moved by him before the learned magistrate. on .....
Tag this Judgment!Court : Rajasthan
Decided on : Mar-31-1994
Reported in : 1994CriLJ2229; 1994(1)WLN561
..... it has been argued by the learned counsel for the appellant that though the appellant has been given the benefit under section 4 of the probation of offenders act but the order regarding removal of the disqualification clause, attaching to conviction, has not been passed by the learned trial court and, therefore, the necessary order ..... under section 12 of the probation of offenders act is required to be passed. the learned public prosecutor as well as mr. balot learned counsel for the complainant, on the other hand, have supported the ..... person, who, after his release under section 4, is subsequently sentenced for the original offence. the purpose for which the provisions of the probation of offenders act are enacted, is the reformation and rehabilitation of the offender as an useful and self-reliant member of the society and this purpose will remain incomplete if .....
Tag this Judgment!Court : Rajasthan
Decided on : Mar-18-1994
Reported in : 1994CriLJ2526; 1994(2)WLC371; 1994(1)WLN455
..... observe and identify the assailants and was in fit state of mind to make declaration.air 1976 sc 2194 (sic).e. where dying declaration is suspicious, it should not be acted upon without corroborative evidence. : 1974crilj361 .f. in a criminal case, muchless a murder case, the investigation should be conducted in such a manner that there is no room ..... ought not to be encouraged.air 1976 sc 2199 : (1976 cri lj 1718)b. there is neither rule of law nor a prudence that the dying declaration cannot be acted upon without corroboration.air 1976 sc 2199 : (1976 cri lj 1718)c. if the court is satisfied that the dying declaration is true and voluntary it can base ..... mention here that the learned addl. sessions judge acquitted the aforesaid accused-persons for the offences under section 148, i.p.c. and section 3/25 of the arms act.9. we have heard the learned public prosecutor and the learned counsel for the appellants at length and gone through the oral and documentary evidence on record.10. the .....
Tag this Judgment!Court : Rajasthan
Decided on : Feb-01-1994
Reported in : 1994CriLJ3770; 1994(1)WLN161
..... which have been used in the occurrence and, therefore, they have been rightly held guilty of the offences under sections 25(i)(a) and 27 of the arms act.15. we have carefully considered the rival submissions made at the bar and have critically gone through the record of the case. in this case, pw/8 gopala ..... the offence under sections 307/353 ipc because his participation in the occurrence has not been proved. the witnesses are not reliable and in this case the complainants have acted as the investigating officers and, therefore, the investigation is tainted and much reliance cannot be placed on it and hence the accused persons deserve acquittal.12. the contention ..... the accused ramswaroop, alias ram sukh, was arrested. he was also put for trial. the permission for prosecuting them for the offence under section 25/27 of the arms act was obtained from the district magistrate, sriganganagar and they have been filed and have been marked as ex. p/30, 31 and 32 in relation to accused madan, .....
Tag this Judgment!Court : Rajasthan
Decided on : Aug-09-1994
Reported in : 1995CriLJ273
..... the said parties, but does not include dower or mehr in the cases of persons to whom the muslim personal law (shariat) applies. section 113b of the indian evidence act makes a provision for the presumption as to the 'dowry death' and states that when the question is: whether the person has committed the dowry death of a woman and ..... person has caused the dowry death.6. both these provisions, i.e., section 304b of the indian penal code and section 113b of the indian evidence act, have been inserted in the respective acts in order to combat the impeding menace of dowry death. for the purpose of proving the offence against the accused-appellants under section 304b, i.p.c ..... , i.p.c. provides that for the purpose of section 304b, 'dowry' has the same meaning as given in section 2 of the dowry prohibition act, 1961. as per section 2 of the dowry prohibition act, 1961, 'dowry' means any property or valuable security given or agreed to be given directly or indirectly: (a) by one party to a marriage .....
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