Court : Rajasthan
Decided on : Dec-22-1989
Reported in : AIR1991Raj84; 1990(1)WLN326
..... their lordships of the supreme court in tekraj's case (supra) has held that an institution of constitutional and parliamentary studies registered under the societies registration act, 1860 is not 'state' within the meaning of article 12 of the constitution of india, though it receives substantial contribution from the government and the ..... , agencies and institutions to impart education. in view of the numerous decisions cited before me, a private body or a society registered under the societies registration act, 1860 cannot be termed as 'state' within the meaning of article 12 of the constitution of india or falling within the category of 'any other authority ..... r. c. d. education society which was registered as early as in 1976-77 at ajmer is an independent body registered under the rajasthan societies registration act, 1958. likewise, bikaner institution is also run by an independent registered body, whereas the society running jaipur school st. angela sophia was registered in the .....
Tag this Judgment!Court : Rajasthan
Decided on : Dec-21-1989
Reported in : (1991)IILLJ290Raj; 1990(1)WLN345
..... company served a charge-sheet on second respondent. one of the issues was that, can the appellant company take disciplinary action against the second respondent for acts of misconduct said to have been committed at the places, referred to in the charge-sheet in that case their lordships of the supreme court considered clauses ..... was held that in a number of cases, conditions of service for industries are laid down by standing orders certified under the industrial employment (standing orders) act, 1946 and it has been held that, though such standing orders are binding between the employers and employees of the industry governed by these standing orders, ..... then that the tribunal would consider whether the punishment imposed is justified. after review of various decisions of the supreme court and the contents of section 11a of the act, vaidialingam j. speaking for the court, deduced, inter alia, the following principles (pp. 293-294): '2. before imposing the punishment, an employer is .....
Tag this Judgment!Court : Rajasthan
Decided on : Dec-21-1989
Reported in : 1990(1)WLN149
A.K. Mathur, J.1. This appeal is directed against the judgment dated 29-2-1984 passed by the learned Additional Sessions Judge, Raisingh-nagar, whereby the learned Judge convicted the accused appellant Under Section 302 IPC and sentenced him to life imprisonment with fine of Rs. 3000/-and in default of payment of fine to further undergo 3 years rigorous imprisonment. The learned Judge also convicted the accused Under Section 201, I.P.C. and sentenced to undergo 2 years rigorous imprisonment He has, how ever, acquitted the accused Under Section 120B, I.P.C. The substantive sentences were directed to run concurrently.2. The brief facts which are necessary for the convenient disposal of this appeal are that on 21-9-1982 Inder Singh filed a written First Information Report before the Additional Superintendent of Police, Sri Ganganagar, who in turn forwarded the Same for investigation to the Station House Officer. Vijayanagar. It is alleged that his sister Piyaro Devi was married to accused...
Tag this Judgment!Court : Rajasthan
Decided on : Dec-20-1989
Reported in : 1990WLN(UC)61
I.S. Israni, J.1. Heard both the parties and perused the file.2. It is contended by Shri N.A. Naqvi, learned Counsel for the petitioner that earlier an application was filed by the petitioner from jail which was decided on 10-7-1989 by this Court In this order it was directed by this Court that since only Investigating Officer remains to be examined for whom several adjournments have been made, he should be examined without further delay and the trial should be completed within a period of two months from the date of the order. It is also pointed out by the learned Counsel that an application Under Section 311 Cr. PC was filed by the State for additional evidence which was dismissed on 20-10-1989 but still the trial has not been concluded. The petitioner is in jail since last about 42 months.3. Shri K.N. Shrimal, learned Additional Government Advocate submits that since the evidence has already been recorded the matter can be heard and disposed early. Therefore, in these circumstances ...
Tag this Judgment!Court : Rajasthan
Decided on : Dec-20-1989
Reported in : 1990WLN(UC)33
..... 1971 and the accused petitioners have already undergone some sentences. not only this the entire dues of the bank have been paid and, therefore, the benefit of probation of offenders act may be extended to the accused petitioners. in support of his contention, learned counsel for the petitioner has referred to the case of state v. ramadas naidu and ors. 1977 ..... abdul hamid v. state of uttar pradesh, 1981 (supp) s.c.c 82. in the earlier case the court has extended the benefit of the provisions of probation of offenders act under sections, 415 and 420, i.p.c.4. there can be no dispute that the incident relates to the year 1971. this court in criminal appeal no. 426/1979 .....
Tag this Judgment!Court : Rajasthan
Decided on : Dec-19-1989
Reported in : 1990WLN(UC)80
..... sentence less than three months.10. consequently, i hereby parly allow this revision petition. while maintaining the conviction of the accused petitioner under section 7/16 of the pf act, the sentence is reduced to three months simple imprisonment and a fine of of rs. 500/- and in default of payment of fine to further suffer 15 days imprisonment. ..... constituent is below the minimum prescribed standard of purity, the article of food is adulterated within the meaning of cl. (m) of section 2(i)(a) of the act. i am of the considered opinion that if any of the constituent present in quantity not with the prescribed limits of variability but which does not render it injurious to ..... , jhunjhunu in criminal case no. 240/1978 under its judgment dated 31st december, 1981 for an offence under section 7/16 of the prevention of food adulteration act, 1954 (for short the act) and was sentenced to under go six months simple imprisonment and to pay a fine of rs. 1,000/- and in default of payment of fine to .....
Tag this Judgment!Court : Rajasthan
Decided on : Dec-18-1989
Reported in : 1990(1)WLN139
I.S. Israni, J.1. This criminal appeal Under Section 374(2), Cr. PC has been filed against the judgment and order dated June 3, 1981 and June 6, 1981 respectively passed by Kerned District and Sessions Judge, Bundi in Criminal Case No. 84/1980 whereby the accused persons have been convicted as under: Accused-Appellant Kalu has been convicted Under Section 304, Part-I, IPC, to 5 years R.I. and a fine of Rs 1,000/-. In default of payment of fine he shall undergo a further imprisonment for a period of 6 months R.I He has also been convicted Under Section 323, IPC, to 6 months' R.I. and a fine of Rs 2,00/- In default of payment of fine he shall undergo further rigorous imprisonment for one month. Both sentences are to run concurrently. Accused-Appellant Ghasi has been sentenced Under Section 304, Part-I read with Section 34, IPC td 4 year's rigorous imprisonment and a fine of Rs. 500/-. In default of payment of fine he shall undergo further rigorous imprisonment for a period of 6 months ri...
Tag this Judgment!Court : Rajasthan
Decided on : Dec-14-1989
Reported in : 1990(1)WLN341
..... 3scr668 and piara singh v. state of punjab (air 1987 sc 2377).18. the pith and substance of the entire discussion is that the state government did not act with reasonable promptness and diligence in considering the petitioner's representation. it appears that when this petition was filed by the detenu on 15-6-1989, the state government ..... by the detenu, it should not be treated with any laxity or in a cavalier manner. the state government when moved under section 14 of the act is expected to act with promptitude and should consider the representation without delay. if the delay has occasioned in the consideration of the representation, it must be satisfactorily explained article ..... offences including those of murder and dacoity. he had become a threat in the locality and his activities required that he should be detained under the act to prevent him from acting in any manner prejudicial to the maintenance of public order. a regards the representation, in paras 7 and 8 on page 3 of the return, .....
Tag this Judgment!Court : Rajasthan
Decided on : Dec-13-1989
Reported in : 1990CriLJ1692; 1990(1)WLN596
..... said to be vitiated otherwise not.4. in the instant case, a copy of the report of public analyst was available with the accused petitioner, section 13(3) of the act provides that certificate issued by the director of the central food laboratory under sub-section (2b) shall supersede the report given by the public analyst under sub-section (1). it ..... food laboratory who also on examining the same found to be adulterated. learned magistrate convicted the accused petitioner under section 7/16 of the prevention of food adulteration act, 1954 (hereinafter called as the act). the accused petitioner filed an appeal before the learned sessions judge and in the appeal besides the point that the report of the director of central food .....
Tag this Judgment!Court : Rajasthan
Decided on : Dec-13-1989
Reported in : 1990WLN(UC)26
M.B. Sharma, J.1. The conviction of the accused petitioner Under Section 392, IPC has been upheld by the learned Additional Sessions Judge, 1 No. 2, Alwar under his judgment dated December 10, 1986. The learned Additional Sessions Judge has also maintained the sentence of the accused petitioner awarded to him Under Section 392, IPC, who was sentenced for three years' rigorous imprisonment and a fine of Rs. 500/- or in default of payment of fine to father suffer rigorous imprisonment for 6 months.2. It is contended by the learned Counsel for the petitioner that the conviction of the petitioner has been affirmed only on one statement of Shakura PW 3. He contends that Shakura, as per his own statement, he did not know the accused-petitioner prior to the occurrence. According to the learned Counsel, identification parade was held after one year and the conviction based upon the same cannot be sustained.3. The facts of the case are stated in the judgment of the learned Sessions Judge in det...
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