Court : Rajasthan
Decided on : Dec-02-1997
Reported in : 1998CriLJ4119; 1998(1)WLN555
..... the basis of the complaint which he had himself signed as the case before him was not covered by any exception to the general rule that the complainant should not act as a judge in his own cost. sub-section (1) of section 340, cr.p.c. clearly provide in cl.(c) that the complaint is to be sent to the ..... should have himself drafted or dictated the complaint and got it prepared in his own office for the purpose of submission in a competent court. to say the least, the act of putting signatures on the complaint prepared by the police officer does not appear to be warranted by any law nor it appears to be in consonance with the well ..... a complaint for the purpose of taking cognizance of the offence under section 211, i.p.c. as chief judicial magistrate he ought to have realised that while purporting to act as a chief judicial magistrate he has to apply his mind to the matter brought to his notice and in case he thought it fit to file complaint relating to .....
Tag this Judgment!Court : Rajasthan
Decided on : Nov-26-1997
Reported in : 1998CriLJ2420; 1998(3)WLC621
..... on every occasion when the presiding officer is transferred, the accused are put to unnecessary harassment. second proviso given below section 16a of the prevention of food adulteration act reads :provided further that when at the commencement of, or in the course of, a summary trial under this section, it appears to the magistrate that the ..... submitted that the additional chief judicial magistrate, bhilwara is conducting the trial in a summary way as permitted by section 16a of the prevention of food adulteration act and some of the subordinate courts in rajasthan have taken the view that if trial is conducted in summary way, then on account of the operation of sub ..... a complaint in the court of learned additional chief judicial magistrate alleging the commission of offence under section 7 read with 16 of the prevention of food adulteration act. on the same day, cognizance of offence was taken by the learned chief judicial magistrate and the bailable warrant of rs. 2,000/- was issued for .....
Tag this Judgment!Court : Rajasthan
Decided on : Nov-25-1997
Reported in : 1998CriLJ3258; 1998(3)WLC414
..... sixty days to ninety days for the investigation of the first category i.e. offences of serious nature. therefore proviso (a) of section 167, cr.p.c. was substituted by act 45 of 1978 and 90 days period was prescribed as the maximum period of detention to be authorised by the magistrate, where the investigation relates/to an offence punishable with .....
Tag this Judgment!Court : Rajasthan
Decided on : Nov-24-1997
Reported in : I(1999)DMC212; 1998(2)WLC612
..... breach of trust.' explanation 1 : a person being an employer of an establishment whether exempted under section 17 of the employees' provident funds and miscellaneous provisions act, 1952 (19 of 1952) or not, who deducts the employee's contribution from the wages payable to the employee for credit to a provident fund or ..... the offence had been committed at that point of time, subsequent compromise effected on 9th july, 1990 could not take away the criminality of the act and the learned munsif and judicial magistrate was of the opinion that the argument carried weight and the compromise filed before the police during investigation was ..... petitioner no. 2 smt. parveen @ pooran lata filed a complaint before the learned munsif and judicial magistrate, karanpur against three persons, namely, praveen kumar (petitioner), bal kishan and swaran lata alleging the commission of offences under section 409a and 406, ipc. according to the averments made in the complaint filed by the non-petitioner .....
Tag this Judgment!Court : Rajasthan
Decided on : Nov-21-1997
Reported in : 1998CriLJ3261; 1998(2)WLC31
..... took cognizance of the offence under section 3(1) (iv), (v) and (vi) of the scheduled castes and scheduled tribes (prevention of atrocities) act, 1989 and issued process against rameshwar nath, deepnath, chandunath and sawannath.after putting the signature below the order, the learned judicial magistrate proceeded to pass another ..... magistrate took cognizance of the offence under section 4 of the scheduled castes and scheduled tribes (prevention of atrocities) act, 1989 and issued process against the police officers (1) the then superintendent of police, churu and (2) the then circle officer (shri rampal the ..... the learned judicial magistrate took cognisance of offence under section 3(1) (iv) and (x) of scheduled castes and scheduled tribes (prevention of atrocities) act, 1989 and issued process against the accused rameshwarnath, deepanath, chandunath and sawannath, residents of village purnasar, tehsil doongargarh. by the same order, the learned judicial .....
Tag this Judgment!Court : Rajasthan
Decided on : Nov-20-1997
Reported in : 1998CriLJ2609; 1998(3)WLC591
..... mentioned order the learned additional chief judicial magistrate took cognizance of the offence under section 498a, i.p.c. and under section 4 of the dowry prohibition act on the basis of the final report submitted by the police after conducting investigation relating to first information report no. 160/88 which was registered at police station ..... the evidence the learned additional chief judicial magistrate took cognizance of the offence under section 498a, i.p.c. and under section 4 of the dowry prohibition act and directed the issue of process against four accused persons.7. feeling aggrieved by the order dated 8-8-1990 all the four accused persons filed this ..... compromise dated 18-10-1988 the learned additional chief judicial magistrate observed that offence under section 498a, l.p.c. and under section 4 of the dowry prohibition act are not compoundable, therefore, compromise dated 18-10-1988 does not have the effect of entitling the accused to any relief on the basis of that compromise. .....
Tag this Judgment!Court : Rajasthan
Decided on : Nov-19-1997
Reported in : I(1998)DMC650; 1998(1)WLC468
..... living comfortably and happily with the appellant. the learned trial judge has, therefore, committed patent error in raising an adverse presumption under section 113b of the evidence act against the appellant.30. it may also be pointed out here that the learned trial judge has disbelieved the testimony of pws 6 to 10 and acquitted the ..... three basic ingredients of section 304b, ipc lies on the prosecution and if it succeeds in discharging this. initial burden then the provisions of section 113b, evidence act can be pressed into service for raising the presumption against the accused person that he caused the dowry death.29. in the case on hand, the prosecution evidence ..... and has acquitted rewarmal. according to him, it is not at all a case of dowry death and that provisions of section 113b of the indian evidence act raising presumption against the appellant cannot be pressed into service. the learned trial judge has misread the evidence recorded in this case and committed grave illegality in .....
Tag this Judgment!Court : Rajasthan
Decided on : Nov-19-1997
Reported in : 1998CriLJ3163; 1998(2)WLC99; 1997(2)WLN694; 1998(1)WLN433
..... nicated to the concerned authority, its noncompli ance is a serious matter and in fact, it is a challenge to the authority under section 3 of the police act itself. on the day the said order was passed and communicated to the competent authority, mr. johari became functus officio and lost competence to proceed with the ..... to be invalidated. every action of the state or its instrumentalities should be fair, legitimate and above board. the action should be without any affection or aversion. the acts of the state instrumentalities should not even apparently be given the impression of bias, favouritism and nepotism. [vide harji t.m. hassan rawther v. kerala financial corporation ..... breach and pass appropriate order.13. in the instant case, the competent authority i.e. the home secretary, exercised his powers under section 3 of the police act and transferred the investigation from mr. johari to sp i, cid(cb) by order dated 14-10-1993. the said order had been served upon the inspector .....
Tag this Judgment!Court : Rajasthan
Decided on : Nov-19-1997
Reported in : II(1998)DMC679
..... corroborated by any direct or circumstantial evidence. though a dying declaration recorded by a police officer is admissible in evidence under section 32 of the indian evidence act, yet the apex court has deprecated the practice of recording a dying declaration by a police officer and has observed that such practice should be discouraged and ..... any demand of dowry and acquitted the appellants of the offences under sections 498a, 304b, indian penal code and under sections 3 and 4 of the dowry prohibition act, but relying on the dying declaration ex. p1 as also oral dying declaration of the deceased convicted them for the offence under section 302, indian penal code ..... before the learned additional sessions judge, behror for offences under sections 498a, 304b, 302, indian penal code and under sections 3 and 4 of the dowry prohibition act, who by his judgment dated 31.8.1996 acquitted all the appellants for offences under sections 498a and 304b, indian penal code, and under sections 3 and 4 .....
Tag this Judgment!Court : Rajasthan
Decided on : Nov-19-1997
Reported in : [1998(79)FLR852]; (1998)ILLJ948Raj; 1998(1)WLC681; 1997(2)WLN705
..... the orders so passed by the disciplinary authority and so also by the appellate authority, having not been further challenged either under the provisions of industrial disputes act, 1947 or by way of invokingwrit jurisdiction of this court, the same have become final and conclusive against the non-petitioner-workman and, therefore, the ..... invalid and deserves to be set aside.10. so also the learned district judge, while disposing of the appeal preferred under section 17(1) of the act of 1936, similarly, committed a serious illegality while upholding the impugned order passed by the learned authority and, consequently, it has been further submitted that since ..... learned counsel for the non-petitioner-workman has supported the legality and validity and so also the competence of the learned authority under the payment of wages act to have passed the impugned order and, consequently, its being affirmed by the appellate court and, therefore, the impugned orders are wholly legal and justified .....
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