Court : Rajasthan
Decided on : Dec-13-1989
Reported in : 1990(1)WLN236
..... of remote past and ignore the good entries of recent past. if entries for a period of more than 10 years past are taken into account, it would be an act of digging out past to get some material to make a order against the employee. it para 11 of that judgment, their lordships further observed that though the entire service ..... past and with a good record for the past 10 years if entries for a period of more than 10 years past are taken into account it would be an act of digging out past to get some material to make an order against the employee. though, the entire service record of an employee may be considered while considering the question .....
Tag this Judgment!Court : Rajasthan
Decided on : Dec-08-1989
Reported in : 1990(1)WLN413
..... pyarelal satpal and anr v. santlal and on 1971 wln 543. the proposite tion laid-down therein is that the public street vests in municipality for the purpose of the act and not for converting it into bazar, may hold good to some extent even today but this citation has to be in the light of the judgment of the hon .....
Tag this Judgment!Court : Rajasthan
Decided on : Dec-05-1989
Reported in : 1990(1)WLN249
..... (1977 lic 845), on the basis of which it can be stated that in a domestic enquiry, the strict and sophisticated rules of evidence under the evidence act may not apply and all materials which are logically probative for a prudent mind are permissible. the guilt of a conductor or driver can be established on the ..... . the departmental authorities and administrative tribunal must be careful in evaluating such material and should not glibly swallow what is strictly speaking not relevant under the evidence act.the sufficiency of evidence in proof of the finding by a domestic tribunal is beyond scrutiny. absence of any evidence in support of a finding is certainly ..... singh (1977 l.i.c. 854), where in it has been observed:that in a domestic enquiry, the strict and sophisticated rules of evidence under the evidence act may not apply. all materials which are logically probative for a prudent mind are permissible there is no allergy to hearsay evidence provided it has reasonable nexus and credibility .....
Tag this Judgment!Court : Rajasthan
Decided on : Nov-30-1989
Reported in : 1990WLN(UC)84
..... may 1, 1979 and the information by the accused under section 27 of the evidence act was furnished to the investigating officer on may 5, 1979, after the accused-petitioner was arrested and the property was recovered. it can be said that the stolen ..... was identified in the court by the witnesses. thus the recovery of stolen property on the basis of discovery statement of the accused under sec 114a of the evidence act was made and the learned courts below could have presumed that the accused-petitioner is either a thief or receiver of the stolen property of theft which took place on ..... record, the fact of discovery statement made by the accused-petitioner consequent upon which recovery of stolen property from the gold-smith in view of section 114a of the evidence act, and therefore, the accused-petitioner could be convicted.3. so far as the delay in lodging the fir is concerned it may be stated that a bare reading of .....
Tag this Judgment!Court : Rajasthan
Decided on : Nov-30-1989
Reported in : 1990(1)WLN513
..... department or even to the state government, it is absolutely necessary, for them to send reply to the person making representation relating to his grievances, they cannot remain dormant and act in secrecy when rights of others are affected.7. i allow this, writ petition and do here by command to the headmistress, government secondary school bissau, (district jhunjhunu) to send .....
Tag this Judgment!Court : Rajasthan
Decided on : Nov-28-1989
Reported in : 1990CriLJ1688; 1990(1)WLN255
ORDERS.S. Byas, J.1. These two petitions under Section 482, Cr. P.C. have been filed by the accused against the two orders of the learned Sessions Judge, Merta City each dated 14-9-1988. Since the original orders by the Munsiff and Judicial Magistrate, Ladnu were passed at different stages in one and the same criminal case, they were heard together and are decided by a single order. By one impugned order, the learned Sessions Judge cancelled the bail under Section 439(2), Cr. P.C. granted to the accused by the learned Munsiff and Judicial Magistrate, Ladnu. By the other impugned order, the learned Sessions Judge quashed the order of the Magistrate dated 4-10-87 by which the Magistrate refused to take cognizance of the offences under Sections 457 and 376, I.P.C. and instead took cognizance of the offence under Section 448, I.P.C.2. For a proper appreciation of the controvercies involved, it would be proper to notice the material facts in brief.3. Smt. Samander Kanwar, the prosecutric ap...
Tag this Judgment!Court : Rajasthan
Decided on : Nov-25-1989
Reported in : 1990(1)WLN262
..... the court below on 14-3-1985 against three accused for offences punishable under sections 4 and 28(1) and (2) of the act. out of three accused, two of them viz. fateh lal and laxman singh were arrested during trial. accused vardichand faced the trial. the complainant closed evidence, vide note on 28 ..... dismissed ant the accused vardichand was acquitted of the offences punishable under section 4, 28(1) and 28(2) of the rajasthan agricultural produce market act, 1961 (here in after to be referred to as `the act')2. material facts may be briefly recapitulated. the krishi upaj mandi samiti fatehnagar, district udaipur lodged a complaint through its secretary shri mahavir singh in .....
Tag this Judgment!Court : Rajasthan
Decided on : Nov-23-1989
Reported in : 1991CriLJ2321; 1990(1)WLN515
..... of age at the time of incident and was, therefore, below 21 years of age. it is, therefore, contended that benefit of section 4/6 of the probation of offenders act should have been given to him.4. the contention of shri lokesh shanna, learned public prosecutor is that the accused-appellant was aggressor and question of his having any right .....
Tag this Judgment!Court : Rajasthan
Decided on : Nov-23-1989
Reported in : 1990(1)WLN590
..... mother-in-law had fought the buffalow of the appellant on account of which appellant had given a lathi blow to mst. bassi. she states that she had lodged ver bal report which was written by authorities at police station. how ever, it may be stated that it is mentioned on ex. p. 1 that a written report had been lodged .....
Tag this Judgment!Court : Rajasthan
Decided on : Nov-20-1989
Reported in : 1990(1)WLN554
..... stage, if the accused person did not avail that opportunity earlier, to prove that their case falls under any of the exceptions contained in section 77 of the act. in the instant case it may be stated that cognizance offence was taken by the learned magistrate, that order was challenged upto supreme court and all that was ..... under:77. exemption of owner, agent or manager for liability in certain case--where the owner agent of manager of a mine accused of an offence under ibis act, alleges that another person is the actual offender, he shall be entitled upon complaint made by him in this behalf and on furnishing the known address of the ..... on july 3, 1986 that an application was filed on behalf of the petitioners wherein it was praude that no case against the accused-petitioner against the mines act is made cut and therefore the accused-petitioner should be discharged or acquitted. this application was contested and the learned magistrate after hearing arguments, dismissed the application and .....
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