Court : Rajasthan
Decided on : Aug-01-1997
Reported in : AIR1998Raj185; 1997(3)WLC631; 1997(2)WLN393
..... the plaintiff is suffering from disease of deafness, in the event also he may be examined with the help of the provisions contained in section 119 of the indian evidence act, 1872, which are applicable for the purposes of recording the evidence of a dumb witness. i am of the view that a deaf witness may also be examined ..... passing remark was made in respect of examination of power of attorney holder or the party. neither the provisions contained in order 3, rule 2 were discussed nor the word 'acts' was interpreted.8. on the other hand mr. kanta prasad sharma learned counsel for the defendants placed reliance on shambhu dutt shastri v. state of rajasthan, (1986) 2 ..... he is unable to appear in the court. he is suffering from 'severe sensory normal hearing joss' and has become deaf. therefore, he has authorised his son satyanarayan to act on his behalf and executed a general power of attorney in his favour. learned counsel placed photo copy of judgment of this court (in s. b. revision no. 805 .....
Tag this Judgment!Court : Rajasthan
Decided on : Oct-24-1997
Reported in : (1999)IIILLJ810Raj; 1998(1)WLC1; 1997(2)WLN658
..... parameters or recognised guidelines for exercise of jurisdiction of the labour court or tribunal or national tribunal under section 11a if the industrial disputes act, 1947 where misconduct is proved either in the domestic enquiry or before the labour court or tribunal or national tribunal, we are of the considered ..... punishment in accordance with law. that is all about the labour court or the industrial tribunal exercising the powers under section 11a of the industrial disputes act where the misconduct is proved either before the domestic enquiry or before the labour court itself.(b) on the question as to whether there are definable ..... an opportunity to a workman to reform himself by proving loyal and disciplined workman by adopting reformative theory are only relevant considerations treating section 11a of the act of 1947 as a beneficial piece of legislation of the labour court, tribunal or national tribunal are also required to address itself while passing an order .....
Tag this Judgment!Court : Rajasthan
Decided on : Nov-07-1997
Reported in : 1998CriLJ1434; 1998(3)WLC536
..... the following words:a prosecutrix of a sex offence cannot be put on par with an accomplice. she is in fact a victim of the crime. the evidence act nowhere says that her evidence cannot be accepted unless it is corroborated in material particulars. she is undoubtedly a competent witness under section 118 and her evidence must receive ..... of the victim in such cases is vital and unless there are compelling reasons which necessitate looking for corroboration of her statement, the courts should find no difficulty to act on the testimony of a victim of sexual assault alone to convict an accused where her testimony inspires confidence and is found to be reliable. seeking corroboration of ..... 2nd march, 85, is reliable and his evidence about the entires of the date of birth in the school record is relevant under section 35 of the evidence act. it may however be pointed out that the original application form which was submitted at the time of admission of bhagwati in (he school has not been produced .....
Tag this Judgment!Court : Rajasthan
Decided on : Oct-22-1997
Reported in : 1998(2)WLC169; 1997(2)WLN550
..... provide for a detailed procedure in respect of suspension and conducting the disciplinary proceedings. the said requirements have to be complied with and concerned authorities have to act in accordance to the procedure provided in the said appendices.20. in view of the above, all the petitions are dismissed with a direction that the ..... a considered decision. even if stayed at one stage, the decision may require reconsideration if the criminal case gets unduly delayed.18. a writ court cannot act as 'an appellate forum de hors the limitations of judicial review while considering the quashing of suspension order and charges and even at the threshold'. (vide ..... the contrary.9. in the instant case, the provisions of rule 13 of the rajasthan civil services (classification, control and appeal) rules, 1958, hereinafter called the act, 1958'. rule 13 reads as under:13. suspension.--(1) the appointing authority or any authority to which it is subordinate or any other authority empowered by the .....
Tag this Judgment!Court : Rajasthan
Decided on : Feb-14-1997
Reported in : 1997CriLJ2419
..... . hence the statements of these witnesses who derived the material knowledge about the event from bhanwari immediately after the occurrence are relevant under section 6 of the evidence act as forming parts of the res gestae. hence we hold the statements of these witnesses admissible for proving the above incident. the testimony of the witnesses aforesaid, ..... to the questions asked. he further submitted that the testimony of a child witness is to be accepted with great care and caution and should not have been acted upon unless it was corroborated by some other evidence. a child witness is always vulnerable to tutoring and coaching and when he happens to be very interested ..... of kassia along with wooden portion of it was held to be proved which was made in pursuance of the information furnished by the accused under section 27 evidence act. the report of the forensic science laboratory ex. p.20 also corroborated the prosecution case. he, however, did not find the offence under section 447, ipc .....
Tag this Judgment!Court : Rajasthan
Decided on : Apr-22-1997
Reported in : 1998CriLJ2425; 1997(1)WLN605
..... and such sale by itself is an offence punishable under section 7 read with 16 of the prevention of food adulteration act. therefore, the submission that since jamna lal has been discharged accused bal kishan should also be discharged cannot be upheld as a correct proposition. so far as second submission made by the learned ..... order dated 1st october, 1991 and the charge framed by the learned additional chief judicial magistrate against the accused-petitioner bal kishan under section 7 read with 16 of the prevention of food adulteration act deserves to be quashed and is hereby quashed. the two objections raised by the learned counsel for the petitioner ..... learned chief judicial magistrate, bhilwara alleging the commission of offence under section 16(1) of the prevention of food adulteration act. the complaint was filed against two persons, namely, shri jamna lal and shri bal kishan, the learned chief judicial magistrate, bhilwara. took cognizance of the offence under section 7 read with 16 of .....
Tag this Judgment!Court : Rajasthan
Decided on : May-06-1997
Reported in : 1998CriLJ154
..... place of occurrence immediately, the witnesses told him that miss shafiat had been murdered. this statement of khadi khan is relevant under illustration (a) of section 6 of the evidence act. the statement of witness is relevant who has seen actual crime and who uttered it simultaneously. shami p.w. 9 has admitted that from the place where amir p.w .....
Tag this Judgment!Court : Rajasthan
Decided on : Aug-26-1997
Reported in : 1998CriLJ716; 1998(3)WLC614
..... heirs of the deceased.2. as the appellant has been released on probation, this may not affect his service career in view of section 12 of the probation of offenders act. the appeal is disposed of with the aforesaid, observations.6. what were the facts of that case, we are not able to get from the above order. it appears ..... suspend the sentence of imprisonment only maintaining the fine imposed on the appellant and instead release him on probation of good conduct under section 4 of the probation of offenders act and section 361, cr.p.c. the appellant shall execute a bond of rs. 1 000/- for maintaining peace and good behaviour for a period of one year and if ..... shri kumbhat there was no evidence regarding rash and negligent driving. it is true that merely because the bus was driven in an excessive speed itself would not constitute an act of rash and negligent driving. but, in this case there is an ample evidence that bus was not only driven in an excessive speed but absolutely in a rash and .....
Tag this Judgment!Court : Rajasthan
Decided on : Feb-28-1997
Reported in : 1998CriLJ134
..... stands proved against both of them.8. it is true that since the learned additional sessions judge had recorded no evidence, as defined in section 3 of the evidence act, so as to act under section 319, cr. p.c. against such other persons who were not accused in the case, the summoning of smt. kaushlya devi appellant as one of the .....
Tag this Judgment!Court : Rajasthan
Decided on : Nov-12-1997
Reported in : AIR1998Raj210
..... .s. bhandawat v. state of rajasthan (supra) the brief facts were that the petitioner filed the statement or return as envisaged in section 6(1) of the act read with rule 3 of the urban land ceilingand regulations rules, 1976. thereafter a survey was conducted under the orders of the competent authority. eventually the competent authority ..... road property. the provisions of the act do not apply to all the other properties except the gajner road property because the excepting properties do not fall within the definition of vacant land. hence ..... gajner road. the authorised officer in his order itself found all the other urban properties in order and not falling within the mischief of the provisions of the act. hence the authorised officer as well as the divisional commissioner fell into a serious error in counting the land covered by the above properties with the gajner .....
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