Court : Rajasthan
Decided on : Jan-25-1989
Reported in : AIR1990Raj81
..... v. nagappa, air 1975 sc 1708. the supreme court in that case was dealing with the election to karnataka municipality under the karnataku municipalities act. section 14 of that act carne up for consideration before the supreme court. in that case the returning officer had been appointed and having published the calendar of elections the ..... at which it was stayed? mr. m.i. khan, contended that the election process started and there is an alternative remedy efficacious under section 75 of the act and, therefore, this court should not interfere. no doubt this court has taken this view in few cases but as shall be presently (com, second column)a ..... an important question involved in this writ petition is as to whether once a calendar for election in accordance with the provisions of the rajasthan cooperative societies act, 1965 (for short, the act of 1965) and under the rajasthan cooperative societies rules, 1966 (for short, the rules) has been fixed, all steps except the polling which had .....
Tag this Judgment!Court : Rajasthan
Decided on : Jan-20-1989
Reported in : 1989CriLJ2251; 1989WLN(UC)432
ORDERG.K. Sharma, J.1. This revision petition is directed against the order dt. 27th April, '83, by which, the Judicial Magistrate, Bhinmal took cognizance against the petitioner Under Sections 467, 468, 419/109 and 120B, I.P.C.2. To understand the controversy, it is necessary to narrate here certain facts of the case. On 4th July '78, one Teja styling himself as Ratna, executed a sale deed for Khasra No. 167, situated in village Morsam, in favour of his son, Anda, for a sum of Rs. 5,000/- Teja was identified by Kana, as Ratna. One Achla was attesting witness of this document. Bhawani S hanker, Advocate and one Ganeshram, scribe also identified Teja as Ratna. The document was then registered later on, the real Ratna came to know this fact on 10th July, '78, and consequently, he lodged FIR at PS Bhinmal, on 13th July '78. The police registered a case Under Sections 419, 420, 467 and 468.3. After completing usual investigation, the police submitted a challan against Teja, Kana and Anda a...
Tag this Judgment!Court : Rajasthan
Decided on : Jan-19-1989
Reported in : 1990CriLJ2669; 1990(1)WLN62
..... that an officer of the rank of executive magistrate, acted in such a derogatory manner.9. under these circumstances, 1 am of the opinion that all the proceedings under section 107/116, cr. p.c. initiated against the petitioners ..... , but the learned sdm without applying his mind, in a very derogatory manner, acted and passed the impugned order, which even cannot be imagined. it could be tolerated, had it been an action of a police officer, but, it is really very surprising ..... principle can never be lost sight of by any judge, particularly when, for maintaining the respect or dignity of a court of law, there is the contempt of courts act for the benefit of any presiding judge.'8. regarding the present case, sufficie it to say that there was no importance in the matter, which is of such petty nature .....
Tag this Judgment!Court : Rajasthan
Decided on : Jan-16-1989
Reported in : 1989CriLJ2165; 1989WLN(UC)409
..... are concerned, there is not even a whisper nor a shred of evidence nor anything to show, apart from the presumption drawn by the complainant, that there is any act committed by the directors from which a reasonable inference can be drawn that they could also be vicariously liable. in these circumstances, therefore, it can be said that no ..... of his duties, it can be safely inferred that the manager would undoubtedly be vicariously liable for the offence, vicarious liability being an incident of an offence under the act. hence the order of the high court quashing the proceedings against the manager is liable to be set aside.8. thus, from the above judgment of hon'ble the ..... the right to participate in the business of the firm under the terms of partnership deed10. the above case of state of karnata (supra) was under the drugs and cosmetics act, as are the present revision petitions. so, in view of the case of state of karnataka (sc) the position of the present petitioners, is the same.11. the .....
Tag this Judgment!Court : Rajasthan
Decided on : Jan-09-1989
Reported in : 1990ACJ542; 1989(2)WLN98
..... official duty and in the performance of a duty specially enjoined by law, under which such record is kept and, therefore, falls within the scope of section 35, evidence act. in panchanan mondal v. state, 1971 criminal law journal 875, it was held that the accused was entitled to get certified copy of the first information report which was ..... of gyanchand bhandari.6. as against this, the learned counsel for the respondent urged that by virtue of first proviso to section 30(1) of the workmen's compensation act, no appeal lies against any order unless a substantial question of law was involved in the appeal and according to him, in the instant case no substantial question of ..... was employed by gyanchand bhandari, the latter was a contractor and the principal was the appellant and on account of the provisions contained in section 12 of the act, the appellant was still liable to pay compensation.7. it is true that no appeal lies against any order mentioned in sub-section (1) of section 30 of .....
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