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-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 : 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 : Jan-06-1997
Reported in : 1997CriLJ2156; 1997(1)WLN17
..... learned additional chief judicial magistrate (railways), jodhpur shall after informing the accused persons about the particulars of the offences punishable under sections 223 and 225a(b), ipc act in accordance with the provisions of section 217, cr. p.c. and dispose of the case according to law.17. a copy of this order be sent ..... the accused person. the learned additional chief judicial magistrate (railways), jodhpur was, therefore, not justified in directing a retrial. all that was open to him was to act in accordance with the provisions of section 217, cr. p.c. the direction given by the learned additional chief judicial magistrate (railways), jodhpur so far as it ..... . should also be framed against the accused persons. after hearing the parties the learned additional chief judicial magistrate came to the conclusion that section under which the act of the accused was punishable was wrongly mentioned in the report submitted by the police under section 173, cr. p. c. and that prima facie the .....
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-06-1997
Reported in : 1997CriLJ2718; 1997(2)WLC20; 1997(1)WLN4
B.R. Arora, J.1. These two appeals arise out of the judgment dated 30-5-96 passed by the District & Sessions Judge, Rajsamand, by which the learned Sessions Judge convicted the appellant for the offence Under Section 302, I.P.C. and sentenced him to undergo imprisonment for life and a fine of Rs. 5000/- and in default of payment of fine further to undergo six months' rigorous imprisonment. Since both these appeals arise out of the same judgment-one preferred by the appellant through jail and the other is a represented one and relate to the same incident, therefore, they are being disposed of by this common judgment.2. Appellant Laxman, along with one Megha, was tried by the learned Sessions Judge, Rajsamand for committing the murder of his brother Bhima near the holy-place of Dana Baba situated in village Khekhadiya (district Rajsamand). The case of the prosecution was that in the morning of 26-11-95, PW 1 Dewa saw the deadbody of Bhima Bhil lying near Dana Baba holy place of worship. ...
Tag this Judgment!Court : Rajasthan
Decided on : Jan-07-1997
Reported in : 1997CriLJ2219; 1997(1)WLN53
..... discretion vested in the magistrate by section 311, cr. p.c. if the exercise of the discretion makes' an already delayed prosecution to linger on with no explanation for delayed act of the prosecutor, such an exercise of the discretion cannot be said to have been exercised judicially.7. in the instant case, the charge-sheet was submitted in the year ..... as such at an earlier stage of the trial. the report of the hand writing expert, admissible under section 45 of the evidence act and the ground in respect of such report relevant under section 51 of the said act, could have been of some worth and value, but the testimony of omprakash was not of that standard. therefore, omprakash cannot be .....
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-14-1997
Reported in : 1997CriLJ1073
..... position or otherwise but, as they were real cousins (brothers) of kum. shanti, they~1rad-?very reason to be annoyed and aggrieved and, therefore, they objected against the act of the accused-respondent to which the brother of the accused-respondent also challenged. kum. shanti was asked to go to her mother immediately. as a result, none from ..... she has further maintained that accused never succeeded in inserting his male-organ into her vagina and, as is stated by her, the accused never succeeded in committing the act of sexual intercourse with her. had the accused as well as kum. shanti being naked and she-would have been felled on the ground and she was unwilling and ..... had hidden all these injuries alleged to have been received at the time of the incident, further explaining that the accused was forcibly lying on kum. shanti and acts of her resistance came in contact with the rough surface as well as stone-pebbles etc. at the place of the occurrence and so injuries were received. she did .....
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