Court : Rajasthan
Decided on : Aug-13-1997
Reported in : (1999)IIILLJ523Raj; 1998(1)WLC383; 1997(2)WLN343
..... accounts of the institution, to prepare budget in consultation with the chairman and heads of the institution and to furnish statements under section 12 of the act and to submit return, statements, reports and accounts of the institution to the concerned authorities to issue orders of suspension of any employee with the prior ..... of retirement prescribed, action may be taken for compulsory retirement of such an employee who completes 25 years of service etc. etc. section 16 of the act reads as under -'power of the state government to regulate the terms and conditions of employment.--(1) the state government may regulate the recruitment and conditions ..... it is necessary to deal with the preliminary objections taken by the respondents to the fact that the alternative remedy being available under section 19 of the act, the petitioner should have availed the alternative remedy.the petitioner relies on the judgment assistant collector of central excise, chandan nagar, west bengal v. dunlop india .....
Tag this Judgment!Court : Rajasthan
Decided on : Aug-19-1997
Reported in : (1998)IILLJ1198Raj; 1998(1)WLC692; 1997(2)WLN385
..... has been empowered to register the society if it fulfils the conditions including the conditions that the proposed bye-laws are not inconsistent with the provisions of the act and the rules. section 13 provides for the amendment of the bye- laws of a cooperative society and it provides that the cooperative society may amend its ..... which can be determined by applying the test whether the same can be termed as delegated legislation. the court after examining the various provisions of the cooperative societies act of andhra pradesh came to the conclusion that the bye-laws framed there, were framed by a delegatee of legislature. the court considered the judgments of the ..... took the view that the society does not have a statutory character and it is merely a society incorporated in accordance with the provisions of the societies registration act in spite of the fact that the statute provides for management etc. by the government of india, reason being that the government has to control to the .....
Tag this Judgment!Court : Rajasthan
Decided on : Aug-20-1997
Reported in : AIR1998Raj33; 1998(1)WLC494
..... other authority' under article 12 of the constitution and as such cannot be allowed to commit breach of solemn undertaking on the basis of which the petitioner has acted. according to shri joshi, in the present case, doctrine of promissory estoppel is clearly attracted therefore the representation made by municipal board, jalore can be enforced ..... . ltd. (air 1979 sc 621) (supra) as furnishing a cause of action to a citizen enforceable in a court of law against government or its officials acting in course of their authority. particularly speaking, the apex court in moti lal padampat sugar mills (supra) ruled that doctrine of promissory estoppel is not limited in ..... promote the mainobject of the legislature, it has been practice tohold such provisions to be directory only, theneglect of them though punishable, not affectingthe validity of the acts done.'47. learned counsel shri bhandari, appearing on behalf of respondents nos. 2 and 3 is not able to bring any decision of hon'ble supreme court .....
Tag this Judgment!Court : Rajasthan
Decided on : Aug-20-1997
Reported in : 1998CriLJ612; 1998(1)WLC90; 1997(2)WLN375
..... menace, causing deleterious effects and deadly impact on the society as a whole, the parliament in its wisdom, has made effective provisions by introducing this act 81 of 1985 specifying mandatory minimum imprisonment and fine.13. from the above observations, it would be evident that the parliament in its wisdom thought that ..... used for manufacture of narcotic drugs and psychotropic substances and to provide deterrent punishment for violation thereof;(iii) to provide that no sentence awarded under the act shall be suspended, remitted or commuted.(iv) to provide for pre-trial disposal of seized drugs;(v) to provide death penalty no second conviction in ..... a problem of transit traffic in illicit drugs. the spill-over from traffic has caused problems of abuse and addiction. the narcotic drugs and psychotropic substances act, 1985 provides deterrent punishments for drug trafficking offences. even though the major offences are non-bailable by virtue of the level of punishments, on technical grounds .....
Tag this Judgment!Court : Rajasthan
Decided on : Aug-26-1997
Reported in : 1998CriLJ716; 1998(3)WLC614
..... heirs of the deceased.2. as the appellant has been released on probation, this may not affect his service career in view of section 12 of the probation of offenders act. the appeal is disposed of with the aforesaid, observations.6. what were the facts of that case, we are not able to get from the above order. it appears ..... suspend the sentence of imprisonment only maintaining the fine imposed on the appellant and instead release him on probation of good conduct under section 4 of the probation of offenders act and section 361, cr.p.c. the appellant shall execute a bond of rs. 1 000/- for maintaining peace and good behaviour for a period of one year and if ..... shri kumbhat there was no evidence regarding rash and negligent driving. it is true that merely because the bus was driven in an excessive speed itself would not constitute an act of rash and negligent driving. but, in this case there is an ample evidence that bus was not only driven in an excessive speed but absolutely in a rash and .....
Tag this Judgment!Court : Rajasthan
Decided on : Aug-26-1997
Reported in : 1998CriLJ902
ORDERMohd. Yamin, J.1. This is a revision under Section 397, Cr.P.C. against the order of Additional Chief Judicial Magistrate, Bhinmal, Distt. Jalore dated 22-10-96 by which he ordered to frame charges under Section 498A and 323, I.P.C. and read over and explained to the petitioners.2. I have heard the learned counsel for the petitioners as well as learned Public Prosecutor at length.3. The brief facts are that Sona Ram filed a FIR at police station Jaswantpura stating therein that his daughter Antri was married to Harchand five years ago. She did not bear any child, therefore, her father-in-law Samartha, mother-in-law Santok and husband Harchand regularly gave beatings to her. They used to assault her and when the cruelty continued, a panchayat was called and compromise was arrived at between both the parties. On 1-5- 96 at about 1 p.m., Samartha, Santok, Harchand, Gawara, Chhagana and Vagata gave severe beatings with lathies to Smt. Antri. The result was that she started bleeding. I...
Tag this Judgment!Court : Rajasthan
Decided on : Aug-27-1997
Reported in : 1998CriLJ1314
..... body. further petrol was sprinkled on the body of sujan singh and the motor cycle and both were put to lire by the accused. as a result of this act, the motor cycle as well as sujan singh were burnt substantially. he then dismissed the testimony of the witnesses bhanwarlal, natju, mohan maharaj and maina devi. mohan maharaj ..... court, the case was transferred to the distt. and sessions judge, pali.4. charges under sections 341, 302, 435 and 201, ipc and a read with 25 arms act were framed against each accused. both the accused pleaded not guilty and claimed to be tried. in proving the above charges, the prosecution produed as many as 17 witnesses. ..... month's rigorous imprisonment under section 201 ipc two years' rigorous imprisonment and a fine of rs. 250/-in default one month's rigorous imprisonment under section 4/25 arms act six months rigorous imprisonment and a fine of rs.100/- in default 15 days' rigorous imprisonment2) teju singh under sections 302/34 ipc imprisonment for life & a fine .....
Tag this Judgment!Court : Rajasthan
Decided on : Aug-27-1997
Reported in : 1998CriLJ433
ORDERAmaresh Kumar Singh, J.1. Heard the learned counsel for the petitioner, learned counsel for the non-petitioner No. 2 and the learned Public Prosecutor.2. This petition under Section 482, Cr.P.C. is directed against the order dated 20th Nov. 96 passed by the learned Civil Judge (Senior Division)-cum-Additional Chief Judicial Magistrate, Raisinghnagar in Criminal Regular Complaint No. 36/96. By the aforesaid order, the learned Additional Chief Judicial Magistrate discharged the accused-non-petitioner No. 2 of the offences punishable under Section 500 and 501, I.P.C.2-A. The facts relevant for the purpose of dispose of this petition may be summarised as below :- Petitioner Harban Singh filed a complaint in the Court of learned Additional Chief Judicial Magistrate, Raisinghnagar alleging the commission of offences under Sections 500 and 501, I.P.C. against the non-petitioner No. 2. According to complaint the petitioner is a Lecturer and is in the employment of the State of Rajasthan. ...
Tag this Judgment!Court : Rajasthan
Decided on : Aug-28-1997
Reported in : 1998CriLJ986
ORDERMohd. Yamin, J.1. This is a petition under Section 482, Cr. P. C. against the order of learned Additional Sessions Judge, Bali, in Cr. Revision No. 35/91 decided on 30-1-1992 by which he confirmed the order of learned ACM, Desuri in Cr. Case No. 20/89 decided on 19-8-1991.2. The allegations are that on 11-7 89 petitioner Narsingh moved an application under Sections 145, 146, Cr. P. C. before the Assistant Collector and Executive Magistrate, Bali camp Desuri, against Hari Singh, Gamana, Naring, Uda and Lada in relation to agricultural land bearing old Khasra Nos. 47 and 47/1. The new numbers of the said land are 73,75,76,77 arid 78. The old Khasra No. 47 was of 34 bighas and 5 biswas and 47/1 was well wherefrom the Khasra No. 47 was being irrigated. In the aforesaid land, petitioner had 1/4 share; Hari Singh had 1/4 share and the rest of 1 /4 share was of non-petitioners. The petitioner in the aforesaid application averred that the division of the land had taken place between khate...
Tag this Judgment!Court : Rajasthan
Decided on : Aug-29-1997
Reported in : 1998CriLJ1729
G.L. Gupta, J.1. Through these appeals-- represented appeal and jail appeal Jan Mohd. has called in question his conviction under Section 302, IPC recorded by the learned Additional Sessions Judge, Bikaner vide judgment dt. 29-4-1994.2. The prosecution case can be summarised as follows. Asha (14 years) d/o Prabhu Dayal had accompanied Hemant Kumar (P.W. I) and his wife Ranjulata (P.W. 8) who are neighbours of Prabhu Dayal, to the temple on 2-4-91 in the evening. When they were returning to their homes and passing by the side of Sursagar pond, all of a sudden accused Jan Mohd. bounced on Asha and jumped into the Sursagar pond along with the girl. He took Asha in deep waters. Hemant Kumar who was taken by surprise jumped into the pond. However, he could not move further because of thick mud. Some people collected there, and the police also reached there. With the help of lights of vehicles a search was made in the water. Asha when taken out was found dead. Accused was unconscious. The F....
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