Court : Rajasthan
Decided on : Nov-07-1997
Reported in : 1998CriLJ1434; 1998(3)WLC536
..... the following words:a prosecutrix of a sex offence cannot be put on par with an accomplice. she is in fact a victim of the crime. the evidence act nowhere says that her evidence cannot be accepted unless it is corroborated in material particulars. she is undoubtedly a competent witness under section 118 and her evidence must receive ..... of the victim in such cases is vital and unless there are compelling reasons which necessitate looking for corroboration of her statement, the courts should find no difficulty to act on the testimony of a victim of sexual assault alone to convict an accused where her testimony inspires confidence and is found to be reliable. seeking corroboration of ..... 2nd march, 85, is reliable and his evidence about the entires of the date of birth in the school record is relevant under section 35 of the evidence act. it may however be pointed out that the original application form which was submitted at the time of admission of bhagwati in (he school has not been produced .....
Tag this Judgment!Court : Rajasthan
Decided on : Oct-24-1997
Reported in : (1999)IIILLJ810Raj; 1998(1)WLC1; 1997(2)WLN658
..... parameters or recognised guidelines for exercise of jurisdiction of the labour court or tribunal or national tribunal under section 11a if the industrial disputes act, 1947 where misconduct is proved either in the domestic enquiry or before the labour court or tribunal or national tribunal, we are of the considered ..... punishment in accordance with law. that is all about the labour court or the industrial tribunal exercising the powers under section 11a of the industrial disputes act where the misconduct is proved either before the domestic enquiry or before the labour court itself.(b) on the question as to whether there are definable ..... an opportunity to a workman to reform himself by proving loyal and disciplined workman by adopting reformative theory are only relevant considerations treating section 11a of the act of 1947 as a beneficial piece of legislation of the labour court, tribunal or national tribunal are also required to address itself while passing an order .....
Tag this Judgment!Court : Rajasthan
Decided on : Oct-22-1997
Reported in : 1998(2)WLC169; 1997(2)WLN550
..... provide for a detailed procedure in respect of suspension and conducting the disciplinary proceedings. the said requirements have to be complied with and concerned authorities have to act in accordance to the procedure provided in the said appendices.20. in view of the above, all the petitions are dismissed with a direction that the ..... a considered decision. even if stayed at one stage, the decision may require reconsideration if the criminal case gets unduly delayed.18. a writ court cannot act as 'an appellate forum de hors the limitations of judicial review while considering the quashing of suspension order and charges and even at the threshold'. (vide ..... the contrary.9. in the instant case, the provisions of rule 13 of the rajasthan civil services (classification, control and appeal) rules, 1958, hereinafter called the act, 1958'. rule 13 reads as under:13. suspension.--(1) the appointing authority or any authority to which it is subordinate or any other authority empowered by the .....
Tag this Judgment!Court : Rajasthan
Decided on : Aug-01-1997
Reported in : AIR1998Raj185; 1997(3)WLC631; 1997(2)WLN393
..... the plaintiff is suffering from disease of deafness, in the event also he may be examined with the help of the provisions contained in section 119 of the indian evidence act, 1872, which are applicable for the purposes of recording the evidence of a dumb witness. i am of the view that a deaf witness may also be examined ..... passing remark was made in respect of examination of power of attorney holder or the party. neither the provisions contained in order 3, rule 2 were discussed nor the word 'acts' was interpreted.8. on the other hand mr. kanta prasad sharma learned counsel for the defendants placed reliance on shambhu dutt shastri v. state of rajasthan, (1986) 2 ..... he is unable to appear in the court. he is suffering from 'severe sensory normal hearing joss' and has become deaf. therefore, he has authorised his son satyanarayan to act on his behalf and executed a general power of attorney in his favour. learned counsel placed photo copy of judgment of this court (in s. b. revision no. 805 .....
Tag this Judgment!Court : Rajasthan
Decided on : Dec-18-1997
Reported in : (1999)ILLJ597Raj; 1998(2)WLC306
..... functional unity and integrality were rightly held by the commissioner as constituting a single establishment. the mere fact that they were separately registered under the companies act and were represented separately by members of a hindu joint family were held inconsequential. it was observed as under at p. 1064:'on the basis thereof ..... the company having its registered office at varanasi. because of the (reason that it is a separately registered unit under the rajasthan shops and commercial establishments act, 1958 and also separately registered with tourism department of government of india for its import requirements etc. and has got a separate license for foreign liquor ..... project at jaipur which was established in the year 1973 and it was similarly entitled to three years infancy benefit under section 16(1)(b) of the act. however, on june 12, 1974 the regional provident fund commissioner (hereinafter called as the 'commissioner') issued a notice to the petitioner hotel to furnish .....
Tag this Judgment!Court : Rajasthan
Decided on : Dec-17-1997
Reported in : (1999)IIILLJ119Raj; 1998(2)WLC232
..... this court by way of filing the instant writ petition challenging the impugned order dated january 15,1986 of the authority constituted under the rajasthan shops and commercial establishments act, 1958 (hereinafter referred to as 'the authority') whereby, the authority had directed reinstatement in services of the petitioner-company of respondent no. 1 with backwages w ..... prior intimation or notice and without having been served at least one month's prior notice and whether such termination tantamounts to violation of section 28-a of the act ?(2) if, the termination is held illegal then, to what relief respondent no. 1 shall be entitled as against the petitioner-company?4. the learned ..... sic.) entail automatic or vested right of confirmation and such an employee always stands to the risk of losing his services in the event of a single act of misconduct of misdemeanor and hence the legality of the impugned-order of termination cannot be made a subject-matter of challenge on the ground that it .....
Tag this Judgment!Court : Rajasthan
Decided on : Dec-17-1997
Reported in : I(1998)DMC636
..... the ground that although, the mental cruelty on the part of the respondent stood established, the appellant had, by living together with her upto the year 1992, condoned her acts of mental cruelty. feeling aggrieved by the impugned order/judgment of the learned family court, the appellant has preferred this appeal.2. we have heard the arguments of both the ..... that the appellant has not in any manner, condoned the cruelty.'4. in the instant case, from the decision of the learned family court, it is apparent that the acts of cruelty on the part of the respondent-wife were constituted by the allegations, contained in the petition for divorce, filed by the respondent, against the appellant, in the ..... opinion, the appellant-husband has condoned the alleged cruelty of the respondent-wife, and in view of the provisions, contained in section 23(1)(b) of the hindu marriage act, he is not entitled to any decree of divorce.10. in the result, the appeal, having no force in it, is dismissed hereby.
Tag this Judgment!Court : Rajasthan
Decided on : Dec-17-1997
Reported in : 1998CriLJ3207
ORDERMohd. Yamin, J.1. This is a revision against the order of learned Sessions Judge, Jalore dated 2-7-1996 by which he dismissed the appeal of the accused-petitioner and maintained his conviction and sentence under Section 363, IPC. It is relevant to mention that this revision petition was filed by Gajia as well as by Khetia but during its pendency Gajia expired, so it is only Khetia whose case is to be considered.2. I have heard the learned counsel for the petitioner as well as learned Public Prosecutor at length. 3. The facts of the case, as alleged by the prosecution, are that on 1-5-83 Baldev Singh reported to SHO of Police Station, Ahore vide Ex. P/1 that his son Bhanwar Singh aged 15 years, student of class VIIIth was missing since 22-4-1983. He had gone to appear in his school examination but did not return. He had searched out in different villages in district Churu but the boy was not available. He had come to know in village Harji that Mohanlal, Khetaram, Gajia, Kantia and ...
Tag this Judgment!Court : Rajasthan
Decided on : Dec-16-1997
Reported in : 1998CriLJ2635; 1998(2)WLC350; 1997(2)WLN713
..... for the petitioner has submitted that in the instant case the non-petitioner no. 2 is facing charges under section 302 i.p.c. and 27 of aie indian arms act and having regard to the facts and circumstances of the case the evidence of ratan lal and hema ram is important and, therefore, this petition should be allowed.11. the ..... :4. in session case no. 5/97 state v. himmata ram, himmata ram is facing trial on charges under section 302 i.p.c. and 27 of the indian arms act. charges were framed on 19-2-1997. the accused-non-petitioner no. 2 pleaded not guilty to the charges and the court fixed 4-4-1997 and 5-4-1997 .....
Tag this Judgment!Court : Rajasthan
Decided on : Dec-11-1997
Reported in : AIR1998Raj186; 1998(2)WLC256; 1998(1)WLN560
ORDER B.S. Chauhan, J. 1. This review petition has been filed by the applicant Uda Ram against the judgment and order dated 21-8-1997 passed in the S. B. Civil Writ Petition No. 311/1989 on the ground that the relief claimed by him in the writ petition had not been considered as the petitioner had claimed the benefit not only of regularisation but also challenged the order dated 20-1-1989 by which the services of the petitioner on ad hoc basis had been terminated and he also claimed the benefit of the provisions of Article 39(d) of the Constitution of India. 2. None is present for the applicant-petitioner. Heard Mr. N. M. Lodha and Mr. M. S. Singhvi, learned counsel for the respondents. 3. The said judgment and order dated 21-8-97 was passed after hearing Mr. R. S. Saluja, learned counsel for the applicant petitioner and it was disposed of in terms of the judgment passed by this Court earlier in other connected writ petition. It has been pointed out by Mr. Lodha that the relief claime...
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