Court : Rajasthan
Decided on : Jun-30-2008
Reported in : RLW2009(1)Raj62
..... far statutory provisions are concerned, according to the learned counsel for the respondents, only section 17a of the general insurance business (nationalisation) act, 1972 ['the act of 1972'] and the amendment scheme of 2005 issued thereunder are of statutory character and rest all has been left by the legislature to ..... jute mills associations (supra), the question was regarding extent of power of advisory committee constituted under jute packaging materials (compulsory use in packing commodities) act, 1987 to make its recommendations to the central government for formulation of road map for progressive dilution; and the question regarding power of the ..... industrial tribunal and, therefore, the petition was dismissed; however, the petitioner has maintained that in the matters of the present nature, industrial disputes act is not applicable. the petitioner has reiterated that he has challenged his transfer order as being without jurisdiction, contrary to the notification and having been .....
Tag this Judgment!Court : Rajasthan
Decided on : Oct-14-2008
Reported in : (2009)11VatReporter155; (2009)24VST161(Raj)
..... therefore, deserves to be dismissed on this ground alone because the petitioner has approached the court against the notices issued in accordance with the provisions of the act.10. learned counsel for the respondents further argued that several allegations have been made against respondent no. 3 without impleading him as party in person, ..... 3 has presumed the illegality without deciding the matter finally. it is true that the authorities should not take decision with pre-occupied mind. they are required to act in accordance with law, therefore, in my opinion, the apex court held in case of assistant commissioner, anti evasion, commercial taxes, bharatpur v. amtek india ltd ..... at the time of deciding the matter, the concerned authority shall not traverse beyond the ambit and scope of section 76(5)(a) of the act and shall ignore the allegations levelled in the notices impugned with regard to alleged forgery allegedly committed by the petitioner and shall decide the matter independently .....
Tag this Judgment!Court : Rajasthan
Decided on : Jun-30-2008
Reported in : RLW2008(4)Raj3399
..... site and after making payment, he purchased the milk for sample. after following the due procedure a complaint was filed under section 7/16 of the food adulteration act.3. charge was framed against the accused respondent for the aforesaid offence and after framing the same, it was read over the explained to the accused respondent. the ..... by mr. b.n. sandhu, learned public prosecutor for the state that the learned trial court has erred in giving the benefit of section 4 of the act of 1958 to the accused respondent despite considered the statement of complainant. he submits that the offence committed by the accused respondent is social offence whole society is ..... note of another judgment of satya narayan agarwal v. state of assam reported in 2007 cr.l.r. (sc) 552, which is quoted as under:prevention of food adulteration act, 1954 section 7 r/w 16(1)-criminal procedure code, 1973 - section 433 conviction - commutation of sentence - conviction with fine of rs. 1,000/- on appeal high court .....
Tag this Judgment!Court : Rajasthan
Decided on : Jan-13-2008
Reported in : 2008(2)WLN400
Manak Mohta, J.1. The instant appeal has been preferred by the claimants against the judgment and Award dt. 17.04.2007 passed by the learned Judge, Motor Accident Claims Tribunal, Rajgarh District Churu in MACT Case No. 88/2005, whereby the learned Court-below has partly allowed the claim petition and awarded compensation in the sum of Rs. 2,02,000/- in their favour.2. Brief facts of this appeal are that on 01.10.2005 at about 10.00 PM deceased Bhalaram @ Ram Prasad and Mohar Singh started on Tractor No. RJ-10-R/4792 from Rajgarh for Nagal badi. Mohar Singh was driving the Tractor and deceased Bhalaram was sitting on the Tractor. When they reached near Lutana Barrier at Hissar Road, then, one Bus bearing No. RJ- 18P/1160 driven by its driver Sant Ram came behind them and dashed the said Tractor, on account of which, the trolley of the Tractor turtled, Bhalaram fell down and sustained injuries during accident, whereby, Bhalaram @ Ram Prasad died on the spot and Mohar Singh sustained inj...
Tag this Judgment!Court : Rajasthan
Decided on : May-13-2008
Reported in : RLW2008(4)Raj3138
..... general castes have been deprived from their right to be considered for recruitment to rajasthan state and subordinate services as a consequence to wrong determination of cut off marks. the act of the respondents is apparently illegal and is also in violation of the provisions of article 335 of the constitution of india that emphasise for maintenance of efficiency of administration ..... the supreme court, there is absolutely no scope for any different interpretation of of the said rule as suggested by the learned counsel for the petitioners. the service commission has acted only on the basis of the interpretation of rule 15 as given by the supreme court in the case of chatter singh (supra).the argument of the learned senior counsel .....
Tag this Judgment!Court : Rajasthan
Decided on : Apr-23-2008
Reported in : 2008CriLJ3579; RLW2008(3)Raj2522
..... court to be incompetent further quoted the observations of abbott c.j. in fox v. bishop of chester reported in (1824) 2 b & c 635 as under:provisions of an act of parliament shall not be evaded by shift or contrivance...and also following words of (maxwell, 11th dition, page 109, 'to carry out effectually the object of a statute, it ..... chosen. in my humble view, had the legislature amended section 397 of the code in the light of the amendment made in section 378 in appeal against the acquittal by act 25 with effect from 23.6.2006, this controversy could have been avoided. in amended section 378, the power to file appeal against the order of acquittal passed by the ..... judge under section 397 does not bar a person from invoking the power of the high court under section 482, it is equally true that the high court should not act as a second revisional court under the garb of exercising inherent powers. while exercising its inherent powers in such a matter it must be conscious of the fact that the .....
Tag this Judgment!Court : Rajasthan
Decided on : Jan-16-2008
Reported in : 2008(2)WLN212
..... appellant submitted that the learned tribunal has erred in directing the appellant to pay interim compensation of rs. 50,000/- beyond the scope of section 140 of the m.v. act. it is submitted that the liability for payment under 'no fault liability' could not be fastened on the insurer or owner of the motor cycle, particularly when the accident was .....
Tag this Judgment!Court : Rajasthan
Decided on : May-01-2008
Reported in : RLW2008(4)Raj3335
Prakash Tatia, J.1. Heard learned Counsel for the parties. 2. This appeal is against the judgment and order dated 21.3.2002 passed by the Court of learned Additional Sessions Judge (Fast Track), Jalore in Sessions Case No. 110/2001 (Old No. 39/2001) by which the learned trial court convicted and sentenced the accused appellant as under:Offence PunishmentSection 498A IPC To undergo three years' simple imprisonment with a fine of Rs. 1000/and in default tofurther undergo 6 months' simple imprisonment.Section 302 IPC To undergo imprisonment for life with a fineof Rs. 2,000/- each and in default to furtherundergo 1 year's simple imprisonment.3. As per the prosecution case, the S.H.O., Sanchore - Shri Sohan Lal, PW5, received an information from the Community Health Centre, Sanchore (CHC, Sanchore) that one lady Smt. Geeta has been brought in hospital in serious condition due to burn injuries. After this information, the S.H.O. Went to the hospital and enquired from Dr. B.L. Vishnoi (PW7)ab...
Tag this Judgment!Court : Rajasthan
Decided on : Apr-01-2008
Reported in : 2008(3)WLN181
..... provision of arbitration clause is there in the agreement itself, which is prima facie established and that has not been disputed but the respondent's side have not acted as per the terms of agreement, thus, an independent arbitrator is required to be appointed to resolve the disputes between the parties. it is revealed from the ..... arbitrator for redressal of the applicant's grievance, hence, this application has been moved before this court to appoint an independent arbitrator as per the provisions of the act.4. a reply to the arbitration application was submitted on behalf of respondents and during argument submissions were made. it is contended that at no point of ..... for the appointment of arbitrator.2. it is submitted by learned counsel for the applicant that the applicant is a society registered under the societies registration act and a workcontract was awarded to the applicant-firm for 'operation & maintenance of main pump house no. 1 to 4 of jaisamand water supply project, udaipur .....
Tag this Judgment!Court : Rajasthan
Decided on : Apr-23-2008
Reported in : RLW2008(4)Raj3133
..... prosecutor appearing for the state has argued that for the purpose of section 307 ipc, what is material is the intention or the knowledge and not the consequence of the act termed for the purpose of carrying out the intention. while placing reliance on the judgment of hon'ble supreme court, cited in the case of prakash chandra yadav v. ..... of sessions.4. the accused persons were charged with the offences under section 148, 307, 307/149, 353/149 and 189/149 ipc and section 42(1) of forest act. the charges were read to the accused, who denied the guilt and claimed trial.5. the prosecution has examined only 9 witnesses, namely, pw/1 lakhma, pw/2 durga ..... accused appellants, namely nandlal, motilal and bakshi in the offences under section 148, 189, 307, 307/149, 353/149 of indian penal code and section 42(1) of forest act and sentenced them as under:sentencenand lal 353/149 ipc 2 years' rigorousimprisonment and afine of rs. 100/-, indefault 2 1/2months' simpleimprisonment.148 ipc 2 years' r.i. and .....
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