Court : Rajasthan
Decided on : Apr-11-2001
Reported in : 2001(4)WLN609
..... sessions judge khetri (distt. jhunjhunu) whereby the accused appellant jaiveer singh was convicted under section 302 of the indian penal code and section 27 of the indian arms act and sentenced against section 302 ipc to undergo rigorous life imprisonment with fine of rs. 200/- (in default to further undergo six months r.i.) and against section ..... find witness who has not made any embellishment or exaggeration, and therefore, in such case court would be justified in separating the chaff from the grain and then act upon the grain. but where the evidence consists of only chaff as in the present case, question of separating chaff from the grain would not arise.'(22). we ..... according to him the seals of the packets were intact throughout. country made pistol recovered from co-accused raj pal singh (convicted under section 3/25 of the arms act) was also sent to fsl. report of fsl is ex. p.44. the report after physical and chemical examination of barrel residues indicated that country made pistol .....
Tag this Judgment!Court : Rajasthan
Decided on : Feb-28-2001
Reported in : 2001CriLJ2159
..... is necessary or not, depends upon facts and circumstances of each case. hence, as is evident from the legislative intent appearing from provisions of section 134 of the evidence act, which lays down that: 'no particular number of witnesses shall, in any case, be required for the proof of any fact', in our considered view, irrespective of ..... that the murder was committed by the accused, and further that though the prosecution recovered the umbrella on the basis of information under section 27 of the evidence act from the possession of the accused but it failed to prove that the seal remained intact from the date it was sealed till the date and time it ..... state (supra) the adoption under hindu law was under challenge and the apex court held that at the most the circumstances relied upon by the appellant may be acts of acquiescene attributed to the respondent but they would be important only if they were brought to bear upon the question which depended upon preponderance of evidence; and that .....
Tag this Judgment!Court : Rajasthan
Decided on : Nov-06-2001
Reported in : I(2002)DMC666; RLW2003(1)Raj338
..... rightly come to this conclusion that these allegations have not been proved at all. we have read the letter exhibit a4. this letter seems to be written by smt. seema on 22.12.94 to sml. surbhi. but on perusal of this letter, no such inference can be drawn that the husband rakesh sharma treated her wife with cruelty ..... was constantly subjected to humiliation, according to learned counsel shri mehta all the allegations made by the wife against her husband in the application under section 10 of the act, 1955 and the allegations made in the reply to the husband's application for guardianship were and are true, but the learned trial judge did not consider and ..... . more so, smt. seema pathak has not been examined and therefore, no reliance can be placed upon this letter. 19. third act of the cruelty on behalf of sml. surbhi relates to the allegations of adulterous life of her husband. the allegations .....
Tag this Judgment!Court : Rajasthan
Decided on : Feb-12-2001
Reported in : 2001(2)WLC415; 2007(3)WLN485
..... anr. v. mahaveer oil industries and ors. 115 stc 29, that after withdrawal of the exemption in the case of oil industry under the r.s.t. act vide notification dt. 7.5.1990, which was in public interest, no benefit could be availed by oil industries established thereafter on the basis of promissory estoppel and ..... was entitled to avail its benefit on the principles of promissory estoppel, notwithstanding withdrawal of scheme for edible oil industry on 7.5.1990 under r.s.t. act. according to him this mistake was apparent on the face of record and, therefore, the commercial taxes officer has erred in not rectifying the eligibility certificate issued ..... for rectification for modifying the eligibility certificate by extending the benefit of exemption under the new incentive scheme 1989 to the petitioner even under the rajasthan sales tax act. he has been issued eligibility certificate by the concerned c.t.o. on 24.2.1994 under the decision of district level screening committee (for short ' .....
Tag this Judgment!Court : Rajasthan
Decided on : Apr-12-2001
Reported in : 2001(3)WLC549; 2007(2)WLN672
..... a self owned land and not on rented premises. in the absence of any such condition spelt out in the notification issued under section 4 of the rajasthan sales tax act, which is a piece of subordinate legislation, no additional conditions de hors the requirement of the scheme can be imposed for availing the benefit, if all the conditions envisaged under .....
Tag this Judgment!Court : Rajasthan
Decided on : Jan-04-2001
Reported in : 2001(1)WLC633; 2001(1)WLN488
ORDERShethna, J. (1). By a common order dated 2.1.1992 (Annex.1), 4 persons including the present petitioner were appointed as Lecturers (Assistant Professors) in the subject mentioned against their names purely on ad hoc basis as stop gap arrangement in a starting pay of Rs. 2200/- P.M. in the pay scale of Rs. 2200-75-2800-100-4000 plus usual allowances at the College of Social Sciences & Humanities, Udaipur for a period upto 6.5.1992 or till a duly selected candidate joins or till further orders, whichever is earlier, with effect from the date they joint their duty in pursuance of this order. (2), The petitioner was appointed as Lecturer in Rajasthan College. Thereafter, the appointment of the petitioner was extended From time to time till 25.6.98. By an order dated 25/26.6.98 (Annex.6), the respondent University appointed other persons as Assistant Professor on a starling pay being drawn by them during the academic session 1996-97 in the same pay scale with effect from 30.6.98 for a...
Tag this Judgment!Court : Rajasthan
Decided on : Jan-08-2001
Reported in : [2001(91)FLR501]; 2001(1)WLC625; 2001(1)WLN696
ORDERShethna, J.1. One cannot ask for appointment on compassionate ground as a matter of right. Nobody has got a vested right to claim appointment on compassionate ground.(2). This petition is filed by Smt. Mehtab widow of deceased Ashraf Ali who died way back in 1978 while in government service. On 7.11.92, the petitioner made an application to the Additional Director (Administration), Medical and Health Services, Rajasthan, Jaipur for giving appointment to Arshad A!i S/o Shabir Ali. Smt. Hameeda, the real sister of deceased Ashraf Ali, husband of the present petitioner, is the wife of said Shabir Ali. Marriage of the petitioner's only minor daughter Khusnuma has been arranged with Arshad Ali. Thus, Arshad Ali is close relative of the deceased under the proviso to the definition of 'Family', therefore, Arshad Ali be given appointment on compassionate ground on the death of her husband. By a letter dated 14.8.95, the State Government denied appointment to Arshad Ali stating that he was...
Tag this Judgment!Court : Rajasthan
Decided on : Apr-16-2001
Reported in : 2007(3)WLN216
..... submitted that the labour court was wrong in coming to the conclusion that the services of respondent workman was terminated in violation of section 25-f of the industrial disputes act. he submitted that the respondent workman himself left the job and it is a case of abandonment of service. he, therefore, submits that the impugned award passed by the labour ..... court be set aside.3. whether the workman had left the job on his own or his services were terminated in violation of provisions of industrial disputes act is a pure question of fact which cannot be gone into and decided by this court in its jurisdiction under article 227 of the constitution of india. though this petition .....
Tag this Judgment!Court : Rajasthan
Decided on : May-03-2001
Reported in : 2001(3)WLC504; 2007(3)WLN85
..... magistrate, the learned magistrate passed the order taking cognizance against the respondent no.2 under sections 323, 451 and 504 ipc and also under section 3 of the sc/st act and ordered to issue arrest warrant against the accused on 26.3.1996.5. the aforesaid order of learned trial magistrate was challenged by the respondent no.2 by way ..... his house and abuse him with his caste, thereby, he committed offence under sections 323, 451 and 504 ipc and under section 3 of the sc/st (prevention of attrocities) act.4. after completing the investigation, final report was submitted on 13.4.1993 by the police. but on an application made by the petitioner, cid (c.b.) was ordered to .....
Tag this Judgment!Court : Rajasthan
Decided on : Nov-05-2001
Reported in : 2002(2)WLC40; 2002(4)WLN684
Balia, J. 1. Heard learned counsel for the parties.2. This special appeal is directed against the judgment of the learned Single Judge dated 3rd August, 2000 dismissing the writ petition filed by the appellant. The petition has been dismissed with reference to earlier decision of this Court in Jyotsna v. State of Raiasthan (S.B. Civil Writ Petition No. 1626/1996).3. Learned counsel for the appellant states that the decision in Jyotsna's case has little relevance to the facts of the present case and in our opinion rightly so. Jyotsna's case has been decided on the basis that during the pendency of the writ petition it was directed that the petitioner be considered for selection and the result be withheld. Thus, under the directions of the Court, her case was considered. This led to calling of the result of the candidate and after observing the result, the Court found that as per the result she cannot get the relief. In that view of the matter, the petition was rejected not on merit but ...
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