Court : Rajasthan
Decided on : Jan-16-2002
Reported in : RLW2003(1)Raj235; 2002(4)WLN223
..... evidence. 22. in the present case, from the evidence on record, it cannot be said that the death of the deceased was directly the result of rash or negligent act on the part of the accused petitioner. in these circumstances, the findings of conviction recorded by the courts below cannot be sustained and they are to be interferred with by ..... in such a situation, accident took place, it cannot be said that the death of the deceased in this case was the directly result of a rash or negligent act of the accused petitioner. the mere fact that the accident would not have taken place if the accused petitioner would have been still more cautious would not be enough to ..... as under :- 'to impose criminal liability under section 304-a ipc, it is necessary that death should have been the direct result of a rash or negligent act of the accused and that act must be the proximate and efficient cause without the intervention of author's negligence. it must be the causa causons: it is not enough that it may .....
Tag this Judgment!Court : Rajasthan
Decided on : Feb-04-2002
Reported in : [2002(94)FLR1178]; RLW2003(1)Raj109; 2002(3)WLN1
..... in pannalal binjraj v. union of india (15), and ajantha industries v. central board of direct taxes (16). while interpreting section 127 of the income tax act, 1961 the apex court held that recording of reasons for transferring the case from one jurisdiction to another was mandatory and the said reasons must be communicated to ..... industries (india) pvt. ltd., calcutta v. its workmen (13), wherein the apex court categorically held that while passing the order under section 33-b of the act, 1947 the appropriate government must record reasons and the said requirement is to be complied with both, in substance and in letter. merely stating that the withdrawal of ..... apex court observed that the state or its instrumentality must not take any irrelevant or irrational factor into consideration or appear arbitary in its decision. 'duty to act fairly' is part of fair procedure envisaged under articles 14 and 21. every activity of the public authority or those under public duty must be received and .....
Tag this Judgment!Court : Rajasthan
Decided on : Feb-14-2002
Reported in : 2002(2)WLC544; 2002(2)WLN663
..... and spirit of the legislation that gives it power to act and must not act arbitrarily or capriciously.'27. similar view has been reiterated by the hon'ble supreme court in comp: trailer and auditor general of india v. k.s. ..... :-'the power....cannot be arbitrarily or indiscriminatorily exercised....the power is coupled with a duty...the authority must genuinely address itself to the matter before it....it must act in good faith, must have regard to all relevant considerations and must not be shirked by irrelevant consideration, must not shriek to promote alien to the letter ..... authority who can always review its order of suspension as it is an inherent power conferred upon him by the provisions of article 21 of the general clauses act, 1897 and while exercising such a power, the authority can consider the case of an employee for revoking the suspension order, if satisfied that the criminal case .....
Tag this Judgment!Court : Rajasthan
Decided on : Mar-19-2002
Reported in : 2002(4)WLC198; 2003(1)WLN30
..... created by a statute, even if its order is, expressly or by necessary implication, made final if the said tribunal abused its power or does not act under the act but in violation of its provisions.20. a constitution bench of the hon'ble supreme court in firm of illury subbayya chetty and sons v. state of ..... the civil court by express provision may not be a complete bar to entertain a suit if party satisfies the civil court that the statutory tribunal has not acted in conformity with the fundamental principles of judicial procedure. moreso, the statutory tribunal must be competent to provide all the remedies normally associated with the actions in ..... and ors., : [1997]2scr12 , the court observed that while entertaining the second appeal, the court should not over-look the change brought about by the amendment act of 1976 restricting the scope of second appeal drastically and now it applies only to appeals involving substantial question of law, specifically set-out in the memorandum of appeals .....
Tag this Judgment!Court : Rajasthan
Decided on : Mar-27-2002
Reported in : (2004)86TTJ(NULL)410
..... the parties are admittedly income-tax assessees. the amount given and accepted was duly explained amount. hence, there was no addition made under section 68 of the act.5.8 while interpreting penalty provisions the legislative intent and the object behind the enactment plays important role and has always to be kept in mind. the cbdt ..... cit, bikaner range, bikaner.5. the learned authorised representative made the following submissions :5.1 the transaction with sister-concern was not covered by section 269ss of the act. it is an admitted position of facts that there are transactions between two sister-concerns. the assessing officer and the learned dy. cit both have used the words ' ..... 94.2. in this case, the assessing officer had levied a penalty of rs. 5,05,300 under section 271d of the act for violation of provisions contained in section 269ss of the act which prohibits taking or accepting from any other person any loan or deposit otherwise than by an account payee cheque or account payee .....
Tag this Judgment!Court : Rajasthan
Decided on : Apr-16-2002
Reported in : RLW2003(3)Raj1553; 2002(5)WLC67; 2002(5)WLN426
..... that multiplier cannot exceed 18 years purchase factor. in the instant case, deceased was 40 years of age and the second schedule to section 163-a of the m.v. act, 1988 which can be taken as a guideline provides the multiplier for a different age group of the victims and for the age group from 40 years to 45 years ..... the death of a young boy.9. the tribunal failed to award the interest from the date of application. section 171 of the act provides that where any claims tribunal allows a claim for compensation made under this act, such tribunal may direct that in addition to the amount of compensation simple interest shall also be paid at such rate and from .....
Tag this Judgment!Court : Rajasthan
Decided on : Aug-08-2002
Reported in : (2002)177CTR(Raj)165
..... ) on the ground that under similar circumstances no penalty was levied in the case of sister concern ?' 2. in the proceedings under section 271(1)(c) of the income tax act, a penalty of rs. 19,320 was levied. the commissioner confirmed the penalty. the tribunal held that out of the total addition of rs. 29,267, penalty was rightly imposed ..... by the courtthis reference application at the instance of revenue under section 256(2) of the income tax act, 1961, has been filed seeking opinion of this court on the following questions :'1. whether on the facts and in the circumstances of the case of tribunal is legally justified .....
Tag this Judgment!Court : Rajasthan
Decided on : Jan-02-2002
Reported in : 2002CriLJ3438; 2002(2)WLN643
Garg, J. 1. These two appeals are being decided by this common judgment as both have been preferred against the common judgment and order dated6.2.1999 passed by the learned Addl. Sessions Judge No. 2, Chittorgarh in Sessions Case No. 29/96 by which he acquitted the accused respondents Shanker Lal, Mangilal, Suresh Chandra and Nanuram for the offence under Sections 366/149, 376/149, 379, 379/149 1PC and he also acquitted the accused appellants Mohan for the offence under Section 376/149, 379/149 and Udailal for the offence under Section 376 IPC, but convicted accused appellants Mohan for the offence under Section 366 and Udailal for the offence under Sections 366 and 379 IPC and sentenced them in the following manner:- Name of accused appellantsConvicted u/Sec.Sentence awarded1. Mohan366 IPCThree years' RI and to pay fine of Rs.1000/-, in defaultof payment of fine, to further undergo SI for six months.2. Udailal366 IPCThree years' RI and to pay fine of Rs.1000/-, in defaultof payment o...
Tag this Judgment!Court : Rajasthan
Decided on : Jan-04-2002
Reported in : 2002(2)WLC456
..... scc-751], the court while probing the scope of judicial review in the context of maharashtra prevention or dangerous activities of slumlords bootleggers and drug offenders act, 1981, using expression 'activities which affect or are likely to affect adversely the maintenance of public order' stated the principle as under :'preventive detention ..... the extent of the individual rightdeciphering with the degree of trespass it makes on the public right, onwhich there is embargo. where an individual acts clandestinely for hispersonal gain against the national interest deleteriously affecting thenational economy or security the drastic curtailment of his right should bekept in mind to ..... raised. annexure-r2 is the document emanating from the sponsoring authority submitted to the detaining authority, recommending to take action under the national security act in the case of petitioner as there was ample material in the opinion of sponsoring authority for detaining the petitioner. however, out of 10 .....
Tag this Judgment!Court : Rajasthan
Decided on : Jan-07-2002
Reported in : AIR2002Raj175; 2002(5)WLN161
..... most of them into teaching shops. the all india council for technical education (for short a1cte) framed under all india council of technical education act. 1987 (for short 1987 act). the aicte (norms and guidelines for fees and guidelines for admission in professional colleges) regulations 1994 (for short 1994 regulations) consistent with and infurtherance ..... cannot provide any assistance to the member institutions of the petitioner society to collect from the students the development fee prescribed by the aicte.15. 1987 act was enacted by the parliament to provide for the establishment of an all india council for technical education with a view to the proper planning and ..... council may also be requested to cause inspection of the institutions for the purpose of ascertaining the financial needs of the institutions under section 11 of 1987 act.19. i am unable to persuade myself to agree with the submissions advanced before me by mr. bharat vyas learned counsel for the petitioner. after .....
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