Court : Rajasthan
Decided on : Jan-24-1997
Reported in : 1997CriLJ2461; 1997(2)WLC349
..... excess or addition of water may cause it to freeze at higher temperature and nearer to the freezing point of water i.e. zero the legislature, by amendment act of 1976, stressed upon the necessity of sending the samples of food and food stuffs for chemical examination 'immediately' after their taking from the vendors. by pleading ..... analyst, who is to depose on a fact in issue as an expert witness, his examination should proceed in accordance with the rules contained in the evidence act and in the light of the observations made herein above. not only the qualification and experience of the expert witness should be ascertained with a view to appreciate ..... statements taken and attested by magistrate or by commissioner of reports prepared by them admissible in evidence without calling such deponants as witnesses. a public analyst under the act does not fall within the categories of such specified persons. the general rule is that a report made by a municipal analyst cannot be used as evidence .....
Tag this Judgment!Court : Rajasthan
Decided on : Feb-28-1997
Reported in : 1997CriLJ3091
..... the learned sessions judge, jaisalmer held the eo/go/r158/97/mpp/usa petitioner guilty of the offence under section. 8/18 of the narcotic drugs and psychotropic substances act, 1985 (the ndps act), convicted him as such and sentenced him to 10 years' r.i. and rs. 1 lac fine.2. briefly stated the prosecution case is that on sept. 2 ..... already taken by the subordinate officer. in that sense of the matter compliance of section 57 is not mandatory but for that reason its importance in the scheme of the act cannot be minimised (see state of punjab v. balbir singh).8. it is trite law that provisions of a penal statute, imposing penalties and punishment on the subject must ..... serve a dual purpose. on the one hand it affords an element of authenticity to the action taken by him in the cause of preventing commission of offences against the ndps act. the consciousness of compliance of this section puts, in a sense, a sort of check on the arbitrary exercise of his powers of arrest and seizure by him .....
Tag this Judgment!Court : Rajasthan
Decided on : Nov-19-1997
Reported in : [1998(79)FLR852]; (1998)ILLJ948Raj; 1998(1)WLC681; 1997(2)WLN705
..... the orders so passed by the disciplinary authority and so also by the appellate authority, having not been further challenged either under the provisions of industrial disputes act, 1947 or by way of invokingwrit jurisdiction of this court, the same have become final and conclusive against the non-petitioner-workman and, therefore, the ..... invalid and deserves to be set aside.10. so also the learned district judge, while disposing of the appeal preferred under section 17(1) of the act of 1936, similarly, committed a serious illegality while upholding the impugned order passed by the learned authority and, consequently, it has been further submitted that since ..... learned counsel for the non-petitioner-workman has supported the legality and validity and so also the competence of the learned authority under the payment of wages act to have passed the impugned order and, consequently, its being affirmed by the appellate court and, therefore, the impugned orders are wholly legal and justified .....
Tag this Judgment!Court : Rajasthan
Decided on : Jan-13-1997
Reported in : (1997)IILLJ608Raj; 1997WLC(Raj)UC1
..... words 'two thousand and five hundred rupees' the words 'three thousand and five hundred rupees' shall be substituted. amendment of section 12 - in section 12 of the principal act, for the words 'one thousand and six hundred rupees' at both the places where they occur, the words 'two thousand and five hundred rupees' shall be substituted.' ..... words 'two thousand and five hundred rupees' the words 'three thousand five hundred rupees shall be substituted. 3. amendment of section 12 - in section 12 of the principal act, for the words 'one thousand and six hundred rupees' at both the places where they occur, the words 'two thousand and five hundred rupees' shall be substituted.' ..... in this respect, the only safeguard is that the law should be reasonable. in the present case, it has been invariably held that the payment of bonus act itself is intra vires. making the law applicable to certain set of employees, drawing salary upto certain limit is for the consideration of the parliament to judge. .....
Tag this Judgment!Court : Rajasthan
Decided on : Jan-06-1997
Reported in : 1997CriLJ1065; 1997(2)WLC53; 1997(1)WLN42
..... present case when nobody other than these witnesses, had seen the occurrence then the non-production of those witnesses will not affect the prosecution case.section 134 of the evidence act, which deals with the production of the witnesses, provides that no particular number of witnesses shall be required to prove any fact. this section, therefore, gives weight to ..... not admissible in evidence being hearsay, but if the person from whom he heard is examined to give direct evidence within , the meaning of section 60 of the evidence act, the former's evidence would be admissible to corroborate the latter in accordance with section 157, cr.p.c. however such a statement made to a police officer, when ..... but looking to his state of mind, poor understanding, hard of hearing and old age, he was given-up by the prosecution under section 118 of the evidence act after the permission was accorded by the learned trial court vide order dated 30-10-90. since he was given-up under section 118 of the evidence .....
Tag this Judgment!Court : Rajasthan
Decided on : Jan-16-1997
Reported in : 1997CriLJ1562
..... he had caused injury to arjun singh. in these circumstances, it has to be found that the accused had not committed the offence of murder. in our opinion his act amounts to culpable homicide not amounting to murder. it is a clear case of exceeding the right of private defence. the injury caused was not intended injury. the accused ..... causing of death in order to prevent the commission of such act is justified.21. the facts of the present case indicate that on seeing that the members of the complainant party were taking cattle the appellant and two other ..... may reasonably cause apprehension that death or grievous hurt will be the consequence, if such right of private defence is not exercised.20. clause fourth means that when the act which amounts to theft, mischief or house trespass is such as per se to cause a reasonable apprehension that death or grievous hurt will be the result, then the .....
Tag this Judgment!Court : Rajasthan
Decided on : Jul-15-1997
Reported in : 1998CriLJ29
..... arrested vide ex. p. 7 by ram chandra, a. s. i. and, on interrogation, he gave ex. p. 8 information purporting to be one under section 27 of the evidence act to the effect that he had kept the monogram (article i) of [jon, imprinted in metal, on a plate in the 'gummaria' of his house and, consequently, he led ram .....
Tag this Judgment!Court : Rajasthan
Decided on : Jul-02-1997
Reported in : 1998CriLJ38
..... 313 of the criminal procedure code. he has, therefore, prayed that this fact should be taken into consideration by the court and appropriate orders be passed under the juvenile justice act. the learned public prosecutor has supported the judgment of the trial court and prayed for dismissal of the appeal.9. we have carefully considered the rival arguments and ..... years old and accused kishnia as according to his statement was 20 years old, and therefore, these accused persons should be given the benefit of the juvenile justice act.24. we do not find any force in the submission made by the learned counsel for the accused. there is nothing to justify the conclusion that accused mania ..... be available to them because the provisions of section 3 apply to enquiry only and have no application to trials and appeals. section 26 of the juvenile justice act, 1986 does not apply to the case of the accused because on the date of the conviction by the learned sessions judge they were not juveniles.25. for .....
Tag this Judgment!Court : Rajasthan
Decided on : Apr-02-1997
Reported in : AIR1998Raj21; 1997(3)WLC193; 1997(1)WLN376
..... and that he is properly represented in a suit filed against him. the court should be satisfied not merely that the proposed guardian is a fit and proper person to act as guardian but also that he has no interest, directly or indirectly adverse to the minor. it is well settled that a decree passed against a minor not properly represented ..... 3 of order 32 enjoins upon the plaintiff to move an application and get the order for appointment of guardian for the minor for the purpose of suit, who can act in the name and on behalf of the minor. the procedure for deciding the application has been prescribed in sub-rules (3) and (4). the court, thereupon, can appoint father .....
Tag this Judgment!Court : Rajasthan
Decided on : Apr-09-1997
Reported in : 1998CriLJ557
..... on record came to the conclusion that the complainant was guilty of making encroachment over the govt. land and therefore, proceedings under section 91 of the land revenue act were initiated against him. he further held that the non-petitioner no. 2 being the sub divisional officer went to the site and instructed the complainant to remove ..... his encroachment. she went to the said agricultural land in the capacity of the sub divisional officer and it fell within his official act which she was supposed to perform as a public servant. the complainant himself has admitted that the proceedings for the alleged encroachment were taken in respect of ..... matter was reported to the higher authorities including non-petitioner no. 2. she herself went to the site and directed the petitioner to remove the stone slabs. her act was, therefore, only to ask the petitioner to remove the stone slabs. there is no dispute about this fact that she being s.d.o. was competent to .....
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