Court : Rajasthan
Decided on : Oct-29-1990
Reported in : AIR1991Raj72; 1990(2)WLN289
..... page 1396, 'publication' means 'to make public, to make known to people in general; to bring before public; to exhibit; to display, disclose or reveal. the act of publishing anything; offering it to public notice, or rendering it accessible to public scrutity advising of public; making known of something to them for a purpose; as descriptive ..... said to have been published. the manner in which the government press of the state government has ante-dated the gazette notification leave much to be desired. the acts made by the legislature, or rules, regulations, bye-laws etc., which are subordinate legislations enacted by the state government and its agencies affect great number of ..... ) rules, 1990 is quashed. it is declared that these rules have not been made in accordance with the requirements of section 5(1) of the rajasthan fisheries act, 1953. the notice, annexure-4 dated 20-9-1990 is also quashed. the respondents would be free to make amendment in the rajasthan fisheries rules afresh, in .....
Tag this Judgment!Court : Rajasthan
Decided on : Dec-21-1990
Reported in : 1990(2)WLN530
..... writ petition. it was contended that the petitioner has filed this writ petition as a vigilant teacher. he only wants that the respondent university should act according of law. the qualifications for selection of teachers(lecturers or assistant professors) prescribed in the advertisement annexurcs-5 and 6 are against the ordinance ..... rajasthan university and mohan lal sukhadiya university.11. it was also contended that section 3(3) of the rajasthan universities teachers and officers (selection for appointment) act, 1974 provides for appointment of adhoc teachers only for a period of one year and, therefore, the university cannot extend that period and hence, till ..... marked as annexures-2 and 3 respectively. it was further submitted that section 6(3) of the rajasthan university officers and teachers (selection for appointment) act binds every selection committee to the qualifications laid down in the relevant law. it was also submitted that the advertisement (annexure-6) dated 12.7.1990 .....
Tag this Judgment!Court : Rajasthan
Decided on : Dec-20-1990
Reported in : 1990(2)WLN261
..... the gun towards them and nava and raja causing injuries to the deceased.14. the learned judge has totally disbelieved the testimony of bhika (d.w.1) regarding the aggressive act of deceased jagsi. his hurling abuses to nava and raja and pointing the gun towards when has been disbelieved. his statement as such should not have been pressed into service ..... examined by the prosecution. however, radha (p.w. 4) and samratha(p.w. 5) going outside and seeing jagsi being injured cannnot be disbelieved. from their statements the specific overt act of causing axe injury by mafta, narsa an and surta is established. true it is that the recovery of the axe do not connect the appellants with the commission of .....
Tag this Judgment!Court : Rajasthan
Decided on : Dec-18-1990
Reported in : 1990(2)WLN429
..... ram was falsely implicated, it would be difficult for us to accept the prosecution story that he committed any offence under section 7 of the civil rights protection act. hence, their convictions and sentences for all the charges deserve to be set aside. we accept this appeal altogether so far as these three appellants arc concerned ..... . thereafter all the accused-appellants started beating him with lathis, stones and ballams (selas). learned counsel for the appellants criticized the testimony of this witness regarding overt act assigned to purkha ram and has pointed out that in ex.d.7 his police statement ex.d, 1, he did not specifically say that purkha ram dealt ..... to pay a fine of rs. 100/- and in default to undergo further r.i. for 20 days for offence under section 4 of the civil rights protection act. all the substantive sentences have been directed to run concurrently. aggrieved, all the aforesaid convicts have come in appeal, whereby they challenge the legality and propriety of their .....
Tag this Judgment!Court : Rajasthan
Decided on : Dec-17-1990
Reported in : 1990(2)WLN274
..... section 125 of the code of criminal procedure and what will be the effect of section 3(1)(b) of the muslim woman (protection of rights on divorce) act, 1986 (act no. 25 of 1986) on the obligation of the father towards his children.8. according to muslim personal law, as well as under section 125 cr. pc, ..... from section 5, there is no provision, which makes the provisions of sections 125 to 128, cr. pc applicable in the case of muslim divorced woman. the act of 1986 has completely obliterated the right of maintenance to the divorced muslim woman after the iddat. even if an order granting maintenance has been passed in favour of ..... before the learned additional sessions judge, chittorgarh, which was verified by the learned additional sessions judge. after coming into force of the muslim women (protection of right on divorces) act, 1986 hereinafter referred to as 'the addt, 1986'), mohammed rafiq, on december 8, 1986, filed an application under section 127(3) of the code of criminal procedure .....
Tag this Judgment!Court : Rajasthan
Decided on : Dec-17-1990
Reported in : 1990WLN(UC)220
..... distributing goods on behalf of any principal;(iv) a casual trader.12. the definition of the word 'business' was amended by the rajasthan taxation law (amendment) act, 1965 (act no. ix of 1965) with retrospective effect. as per subclause (ii), which was introduced by this amendment, any transation in connection with or incidental or ancillary to ..... its avowed objects; and(ii) an educational institution, where such sale, supply or distribution is made to its students;section 2(f) of the rajasthan sales tax act defines the word 'dealer', which reads as under:2 (f) 'dealer' means any person who carries on the business of buying, selling, supplying or distributing goods ..... of tender forms is concerned, that was, however, maintained. it may, however be mentioned that before the supreme court, also, the provisions of the sales tax act, with respect to the definition of the term 'business', were under consideration in the unamended form and, therefore, this case, also, does not help the petitioner- .....
Tag this Judgment!Court : Rajasthan
Decided on : Dec-14-1990
Reported in : 1990(2)WLN575
..... court witnesses were examined. considering the statement of witnesses, the trial court was of the view that accused petitioners have committed offence under section 9 of the opium act. he convicted both the accused petitioners and sentenced each of them two years' rigorous imprisonment and fine of 2,000/-, in default of payment of fine, further ..... and sealed and the rest of the substance was also sealed. recovery memo ex.p 2 was prepared. on report, a case under section 9 of the opium act was registered. sample was sent to forensic science laboratory, rajasthan, jaipur for examination. as per the report of forensic science laboratory, sample contained solid brown opium. accused ..... judgment of sessions judge, balotra dated 27-11-81 whereby the learned sessions judge has sustained the conviction of accused petitioners under section 4/9 of the opium act but reduced the sentence of each of them to six months rigorous imprisonment and pay fine rs. 1,000/-, in default of payment of fine to further .....
Tag this Judgment!Court : Rajasthan
Decided on : Dec-14-1990
Reported in : (1992)107CTR(Raj)230
..... assessee purchases iron ore and transports the same at the railway side. sec. 35e(1) of the it act provides that the person who is engaged in any operation relating to prospecting, extraction or production of any mineral, falls within the purview of cl. (e). admittedly, the assessee is ..... deduction under s. 35e at 1/10th of the expenses of 4,14,541.00 ?2. the petitioner has moved this application now under s. 256(2) of the it act and prayed therein that the tribunal may be directed to draw the statement of the case and refer the questions of law as referred to in the application.3. mr ..... thakurani railway siding.4. the main contention of the assessee is that the tribunal has held that in applying the provisions of s. 35e of the it act, according to the petitioner, s. 37 of the act applies.5. it is not in dispute that the petitioner is performing the job of excavating, sizing, sorting of iron ore. thus, the petitioner .....
Tag this Judgment!Court : Rajasthan
Decided on : Dec-13-1990
Reported in : 1990(2)WLN400
..... discharge by establishing sub-market yard and by providing the necessary link roads and other various duties which they are required to discharge under section 19 of the act. but it is difficult to establish the correlation between the services rendered and the market fee collected by them. but once the market area has been ..... submitted that it is not necessary to establish the correlation ship of the fee and the services rendered by a mathematical formula. the main purpose under the act to be regulate the buying and selling of the agricultural produce by establishing market and market yards so that the agriculturists can secure better and a deqhate ..... rajasthan gazette dated 28.4.1977 where the area of panchayat samiti, sheoganj and sirohi district'sirohi were placed under the krishi upaj mandi samiti, sheoganj under the act of 1961. thereafter, the state government issued another gazette notification dated 2.1.1979, which was published on 18.1.1979 creating sub-market yards at sirohi, .....
Tag this Judgment!Court : Rajasthan
Decided on : Dec-13-1990
Reported in : 1990(2)WLN580
..... offence was committed, that it is expedient that the offender should be released on probation of good conduct or after admonition. if the court refrains from dealing probation of offenders act or any other law for the treatment, training or rehabilitation of youthful offenders, where the court count have done so, section 361, which is a new provision in the 1973 .....
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