Court : Rajasthan
Decided on : Mar-16-1972
Reported in : 1973CriLJ441; 1972()WLN165
..... clearly distinguishable from the facts of the present case. in that case the trial judge, who had acted previously as legal remembrancer and who had settled the draft of the order according sanction, disposed of the case in the capacity of a judicial officer. the high court ..... serious infirmity in that shri chhangani who had appeared for dr. prem chand in the criminal proceedings in question, was appointed a member of the tribunal and in fact acted as its chairman.the supreme court case instead of helping ravi shanker and mst. kamala directly helps shyam singh. the case reported in : air1957cal677 (supra) is ..... took part is invalidated.5. here a distinction must also be drawn between pecuniary interest and prejudice. the smallest pecuniary advantage is a bar to the justice acting. but where the interest is not pecuniary, the question arises whether the interest is of such a substantial character as to make it likely that he has .....
Tag this Judgment!Court : Rajasthan
Decided on : Mar-16-1972
Reported in : (1972)IILLJ482Raj; 1972()WLN171
..... wage. no hard and fast rule can be laid down for categorising persons for the purpose of awarding compensation under section 15(3) of the payment of wages act. the payment of wages authority has for this purpose divided the employeesinto the aforesaid two categories and fixed the compensation. it is true that the quantum of ..... set aside the order of the payment of wages authority which has been upheld by the learned district judge.14. it is next urged that the authority has acted arbitrarily in awarding the compensation. the authority for this purpose has divided the employees into two categories, one getting wages more than rs. 50 per month and ..... of wages.12. this very argument was advanced before me in executive engineer, city division, rajasthan state electricity board, jaipur and ors. v. authority under the payment of wages act, jaipur and ors. s.b. civil writ petition no. 1005 of 1968, decided on 7th october, 1970. in that case, after reproducing the meaning given to the word .....
Tag this Judgment!Court : Rajasthan
Decided on : Mar-22-1972
Reported in : 1972WLN507
..... used by them during the incident. it is further proved by the witnesses that the members of the complainant-party received injuries which are duly corroborated by dr. bal kishan pw. 1. the change of the place of incident, in our view, is of very little significance looking to the very short distance between ramdhan's ..... field. ramdhan felt seriously aggrieved on account of this as the ditch caused obstruction in taking bullocks into his field. he, therefore, took serious objection to this act of ramswarup and remonstrated with him to fill up the ditch by levelling it. this, according to the prosecution infuriated rambabu who along with ramswarup went to the ..... under sections 302, 323 324-326 read with section 149 i.p.c. related to the constructive liability of the members of the unlawful assembly for the culpable acts done by the members of such assembly in prosecution of their common object.4. the sessions judge, bharatpur, convicted the accused appellants under sections 323-324, 325- .....
Tag this Judgment!Court : Rajasthan
Decided on : Mar-27-1972
Reported in : AIR1973Raj309
..... counsel for the non-petitioner plaintiff has urged that the question of provision of marriage expenses for the daughters does not arise in a case governed by the hindu succession act, 1956 for the simple reason that the daughters are also equally entitled to a share along with their brothers in the property of their father. this is correct. in view ..... of this position under the hindu succession act, 1956 marriage expenses for the marriage of a daughter incurred by one member in the family can be accounted for only between the daughter and the male member who has .....
Tag this Judgment!Court : Rajasthan
Decided on : Mar-29-1972
Reported in : 1972CriLJ1387; 1972()WLN231
..... prejudice will have to be made out. in most of the cases of this kind evidence is normally given from the outset as to who was primarily responsible for the act which brought about the offence and such evidence is of course relevant.if the gravity of the defect (mistake in procedure) is so grave that prejudice will necessarily be implied ..... bhundal fired at jumma. and the shot hit on the right side of jumma's abdomen. thus it would be clear that there was no overt act on the part of kishan. the overt act of kishan comes later on when he is alleged to have fired at nasru, but this part of the prosecution has not been believed by the trial .....
Tag this Judgment!Court : Rajasthan
Decided on : Mar-30-1972
Reported in : 1972WLN341
Kan Singh, J.1. This is a plaintiff's second appeal arising out of a suit impugning the order for termination of the plaintiff's services on account of infringement of the statutory rule governing the conditions of service requiring the railway to make payment of the salary for the notice period where notice for termination of service was not desired to be given by the appointing authority.Western RailwayDivisional office,Jaipur,No ES/890/8 Dated 5th July, 1961Office OrderSub: Recruitment of class III Service...Shri Moti Lal Sharma is appointed substitute Lab. Asst. in scale Rs. 60-150 (P) on Rs. 60/- plus allowances as admissible on the terms and conditions laid down in this office letter No. ES/890/6 dated 13-3-61. Sd/- PresidentRly. Schools & DPO, JaipurIt will be noticed from the above that the terms and conditions that were to govern the plaintiff's appointment were those laid down in the office letter dated 13th March, 1961. That office letter has been brought on record as Ex. A ...
Tag this Judgment!Court : Rajasthan
Decided on : Mar-30-1972
Reported in : 1972WLN360
..... the expression 'government service' has not been defined in the indian railway establishment code, vol. ii, the expression 'government' has been defined in section 3(29) of the general clauses act to include both the central government and any state government so that only service under the central government or a state government could be said to be 'government service' for ..... that capacity until he was brought over to the service of the union of india, and it is not the case of the respondents that the petitioner was compelled to act for the c.p.c. scale of pay, for they have stated that he was given an option to elect either the c.p.c. scale of pay or to ..... services of the employees of the ex-bikaner state railway, they have dealt with his case under clause (b) of sub-rule (2) and the question is whether they have acted rightly in doing so?6. it has to be remembered in this connection that it has been admitted by the respondents that the petitioner entered the service of the ex .....
Tag this Judgment!Court : Rajasthan
Decided on : Mar-31-1972
Reported in : 1978(11)WLN161
..... patna high court; placing reliance on k. kamraja nadar v. kunju thevar and ors. : [1959]1scr583 while issuing directions to the election tribunal patna observed as under:acting therefore, in exercise of our authority under article 227 of 'the constitution, we set aside the order of the election tribunal, patna, dated 3rd september, 1962 & ..... respondents to the election petition under section 82(b) of the act?7. as regards point no. 1 learned counsel for the petitioner urges $hat fragmentary or piecemeal objections in installments should not be entertained at this stage. after ..... written statements have been filed and issues have been framed?2. whether the election petition is liable to be dismissed summarily under section 86(1) of the act on account of non-joinder of saivshrijagan singh khadayya, jagan singh advocate, vaney singh advocate, chhatra bhan singh, kr. karan singh and raghuvir singh as .....
Tag this Judgment!Court : Rajasthan
Decided on : Apr-06-1972
Reported in : 1972CriLJ1386; 1972()WLN228
..... tarak chandra v. ratan lal : air1957cal257 fb it has been observed:the general rule is that unless it contains some special provision to the contrary a temporary act ceases to have any further effect after it has expired. no proceedings can be taken under it any longer and proceedings already taken and pending terminate automatically as ..... were pending on september 9, 1971 would remain unaffected.4. as a general rule and unless it contains some special provision to the contrary after a temporary act expires no proceedings can be taken upon it and it ceases to have any further effect, therefore offences committed against temporary enactments have to be prosecuted and punished ..... the matter. he then submitted his report on may 29, 1971 requesting the court to take cognisance of the offence under section 7/3 of the essential commodities act read with rule 3 of the rajasthan guest control order. 1965. on receipt of that report the sub-divisional magistrate ordered to register the case under the .....
Tag this Judgment!Court : Rajasthan
Decided on : Apr-11-1972
Reported in : 1972CriLJ1585
..... the steps taken in the preliminary enquiry were grossly irregular and unfair, the accused cannot complain because there was no infraction of the rules of the evidence act or the provisions of the code. (criminal procedure code)their lordships further observed that the grant of pardon to the witnesses being highly irregular and unfortunate was not in ..... , bharatpur the learned special judge. mr. rajvi amar singh discharged the petitioner under section 5 (1)(a) read with section 5 (2) of the prevention of corruption act.he, however, ordered that he should be charged under section 161, i. p.c. read with sections 5 (1)(a) and section 5 (1)(b) of ..... g. d. chadha against the charge-sheet framed by learned special judge. bharatpur on january 14. 1972. the prosecution allegation in brief is that when mr. chadha acted as district superintendent of police. bharatpur from june 8, 1960 to july 7. 1962. he had accepted gratification other than legal remuneration from persons as detailed in annexure .....
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