Court : Rajasthan
Decided on : Nov-02-2001
Reported in : 2002(1)WLN642
..... rules prescribed for appointment he has given appointment to one of his close relative i.e. sister's son. by doing this he encouraged nepotism. this act of the delinquent reflected his nepotism character.30. the third charge against the delinquent was that without advertising the vacancy the proceedings for appointment were completed in ..... one day. this was done to favour his close relative and thus, the delinquent acted in an improper manner and encouraged nepotism.31. in relation to the aforesaid charges the stand of the delinquent-petitioner has been that basant kumar was ..... made immediately and he has sought the permission from his immediate superior to make such appointment. since the rules had not laid any guidelines, the petitioner acted in consonance with the practice prevailing in the respondent court and, thus, no misconduct has been committed by him.43. the enquiry authority has found that .....
Tag this Judgment!Court : Rajasthan
Decided on : Sep-27-2001
Reported in : RLW2003(1)Raj495; 2002(3)WLN248; 2002(3)WLN248
..... goods under section 4 and 12.' 8. section 15 provides for exemption from tax, which reads as follows: '15. exemption of tax.- notwithstanding anything contained in this act, where the state government is of the opinion that it is necessary or expedient in the public interest so to do, it may, by notification in the official gazette, ..... made by such units under exemption. the additional commissioner on the same day passed the provisional assessment order for the assessment year 1997-98 under section 27 of the act of 1994 levying the purchase tax totalling to rs. 1,65,381/- being 2% of the total purchase of 'raida' worth rs. 82,69,049/-. aggrieved ..... rise to the instant revision petition are that the respondent assessee m/s. arihant industries, riico industrial area, shivganj, submitted an application under section 40 of the act o 1994, stating that she is a woman entrepreneur in the tiny sector and is engaged in the manufacturing of edible oil. she purchased oil seeds for manufacture of .....
Tag this Judgment!Court : Rajasthan
Decided on : Aug-08-2001
Reported in : 2002(2)WLN470
..... iii) non-production of younger sister of the prosecutrix is fatal to the prosecution case and also he argued that the accused' appellant should be acquitted or benefit of act of 1986 should be given to the accused appellant on point of sentence. 8. on the contrary, the learned public prosecutor has opposed the submissions made by the learned ..... seen.25. it is well settled that although legally there is no bar to accepting the uncorroborated testimony of a child witness yet prudence requires that courts should not act on the uncorroborated evidence of a child whether sworn or unsworn. this was so held by their lordship of the privy council in mohamed sugal esa mamasan rer ..... vitiated. in my opinion, the learned counsel for the accused appellant has not read the full judgment. that judgment was passed under the provisions of west bengal act, 1959 and in that act as per provision of section 2d 'child' means a person who has not attained the age of 18 years, but position in the present case is .....
Tag this Judgment!Court : Rajasthan
Decided on : Aug-03-2001
Reported in : RLW2003(3)Raj1620; 2002(5)WLC487; 2002(2)WLN333
..... .5 jaganath, the case of dowry demand come, but as stated above and looking to the facts that they were living separately from deceased-wife and no specific overt act has been alleged against them and that other relatives, namely, purshottam, jeth of the deceased-wife, rekha, wife of purshottam and renu, nanad of the deceased wife ..... or the other relations cannot, in all cases, be held to be involved in the demand of dowry. in case where such accusations are made, the overt acts attributed to persons other than husband are required to be proved beyond reasonable doubt. by mere conjectures and implications such relations cannot be held guilty for the offence relating ..... 2 gaurav, pw 7 amritpalsingh an dw 8 pawan kumar and the learned special addl. sessions judge has further erred in invoking section 113b of the indian evidence act in the present case.4. that accused appellants kishorilal, father-in-law of deceased-wife and smt. sita, mother-in-law of deceased-wife were residing separately and .....
Tag this Judgment!Court : Rajasthan
Decided on : Jul-27-2001
Reported in : AIR2002Raj239; 2002(4)WLN270
..... misc. case no. 27/91 by the district judge, balotra.2. the facts of the case are that applicants-respondents submitted an application under section 372 of the indian succession act for getting succession certificate for the properties of deceased gangaram s/o lakhmi chand, who died at barmer on 3rd dec., 1990. according to respondent-applicants gangaram died on 3rd ..... held as under:--'the conscience of the court must be satisfied that the will in question was not only executed and attested in the manner required under the indian succession act, 1925 but it should also be found that the said will was the product of the free volition of the executant who had voluntarily executed the same after knowing the .....
Tag this Judgment!Court : Rajasthan
Decided on : Jun-22-2001
Reported in : 2001(3)WLC460; 2001(4)WLN121
..... the exclusive ownership of the accused appellant majid khan which cannot be considered to be a public conveyance. therefore, the provisions of section 43 of the act are not applicable to the facts and circumstances of the present case and the trial court has seriously erred in making applicable the provisions of section 43 instead ..... rest of the required formalities. in the above fact situation, the question that falls to my consideration is whether the provisions of section 42 or section 43 of the act are applicable?16. before deciding the question, it would be.profitable to understand the word 'conveyance'. the word 'conveyance' has been defined in sub-section (viii) ..... .p.l.3. after completion of above formalities, a case was registered vide fir no.74/97, ex.p.21 for offence under section8/18 of the ndps act. during investigation, the police recorded statement of witnesses under section161 cr.p.c. and sent the samples to the forensic science laboratory for chemical examination. on chemical .....
Tag this Judgment!Court : Rajasthan
Decided on : May-01-2001
Reported in : 2001CriLJ3719
..... certificate ex. p/11, this witness is deaf and dumb by birth and, therefore, the learned trial judge took the help of section 119 of the indian evidence act and proceeded further under that section and this witness was not administered oath and on being asked, she only uttered the words (vernacu lar matter omitted) and by saying ..... .25. it is well settled that although legally there is no bar to accept the uncorroborated testimony of a child witness yet prudence requires that courts should not act on the uncorroborated evidence of a child whether sworn or unsworn. this was so held by their lordship of the privy council in mohamed sugal esa mamasan rer ..... to an adult, goes only to the credibility of the witness and not his competency. the question of competency is dealt with in section 118 of the indian evidence act. every witness is competent unless the court considers he is prevented from understanding the questions put to him, or from giving rational answers, by reason of tender years, .....
Tag this Judgment!Court : Rajasthan
Decided on : Apr-26-2001
Reported in : 2003ACJ897
..... the statutory liability only which was found to be correct.16. there are number of authorities wherein it has been settled that before the amendment in the motor vehicles act, the liability of the insurance company is limited to the extent of statutory liability and as such in the present case the award of the tribunal wherein the accident ..... -section (2) of section 95 of the act.11. so is the position in the case of rajendra kumari v. shanti trivedi 1989 acj 517 (sc), who was a passenger in the hired car. it had collided ..... insured, the claimant had sustained injuries, it was held that prior to the amendment of 1969 the insurance company was liable to such amount as provided in the motor vehicles act. no additional amount was paid of premium and thus the liability and the policy in the instant case was same as statutory liability contemplated under clause (b) of sub .....
Tag this Judgment!Court : Rajasthan
Decided on : Apr-25-2001
Reported in : II(2002)ACC606; 2002(1)WLC620
..... the statutory liability only which was found to be correct.16. there are number of authorities wherein it has been settled that before the amendment in the motor vehicles act, the liability of the insurance company is limited to the extent of statutory liability and as such in the present case the award of the tribunal wherein the ..... (2) of section 95 of the act.11. so is the position in the case of smt. rajendra kumari and anr. v. smt. shanta trivedi and ors. : [1989]1scr761 , who was a passenger in ..... comprehensively insured, the claimant had sustained injuries, it was held that prior to amendment of 1969 the insurance was liable to such amount as provided in the motor vehicles act. no additional amount was paid of premium and thus liability and the policy in the instant case was same as statutory liability contemplated under clause (b) of sub-section .....
Tag this Judgment!Court : Rajasthan
Decided on : Mar-14-2001
Reported in : II(2001)DMC17; 2001(4)WLC684; 2001(4)WLN642
..... facts and circumstances of this case. in hajuri's case (supra), the proceedings before the high court did arise out of sections 6 and 7 of the orissa estates abolition act, 1961 and the matter under section 8 was pending elsewhere. it was under these circumstances held by their lordships of the supreme court that high court was wholly unjustified to ..... this court is not in a position to hear the appeal of an accused within a reasonable period of time, the court should ordinarily, unless there are cogent grounds for acting otherwise, release the accused on bail in cases where special leave has been granted to the accused to appeal against his conviction and sentence.'14. case of babu singh (supra .....
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