Court : Rajasthan
Decided on : Nov-05-2003
Reported in : 2004CriLJ3519; 2004(2)WLC169
..... rejected.23. for the reasons mentioned above, no interference is called for in the impugned judgment dated 2-7-1987 passed by the learned special judge, essential commodities act, jalore and the appeal filed by the state of rajasthan deserves to be dismissed.accordingly, the present appeal filed by the state of rajasthan is dismissed after confirming ..... special judge dropped the proceedings vide judgment dtd. 2-7-1987.6. aggrieved from the judgment dtd. 2-7-1987 passed by the learned special judge, essential commodities act, jalore, the present appeal has been filed by the state of rajasthan.7. in this appeal, the main submission of the learned p. p. is that when the ..... being carried without permit and thus, there was violation of clauses 6 and 7 of the order of 1985 punishable under section 3/7 of the essential commodities act.(iii) after investigation challan was filed against the accused respondent for violation of clauses 6 and 7 of the order of 1985 punishable under section 3/7 of .....
Tag this Judgment!Court : Rajasthan
Decided on : Sep-18-2003
Reported in : [2004(101)FLR124]; RLW2004(1)Raj466; 2004(1)WLC682
..... material collected during investigation inquiry.9. since in the facts and circumstances of the case, the petitioner is facing trial for the offences under the provisions of prevention of corruption act and sanction to prosecute him has been accorded by the state government, it is not a fit case where suspension order warrants interference.10. accordingly, the writ petition stands dismissed ..... the competent authority who can always review its order of suspension as it is an inherent power conferred upon him by the provisions of article 21 of the general clauses act, 1897 and while exercising such a power, the authority can consider the case of an employee for revoking the suspension order, if satisfied that the criminal case would be concluded .....
Tag this Judgment!Court : Rajasthan
Decided on : Aug-26-2003
Reported in : RLW2004(1)Raj49; 2003(4)WLC563
..... purpose of either party.20. the other grounds of eviction are sub-letting, creation of nuisance and inconsistent use of the premises. section 13 (1) (e) of the act provides that where the tenant has assigned, sub-let or otherwise parted with the possession of, the whole or any part of the premises without the permission of the landlord ..... during the pendency of this appeal. therefore, the defendant was and is entitled to benefit to first default as provided under sub-section (6) of section 13 of the act. however, the trial court did not record any such finding. further, it is made clear that excess rent amount deposited in compliance of the order of the trial ..... new finding of default in payment of rent from october 1983 was impermissible. section 13 (1) (a) of the rajasthan premises (control of rent and eviction) act, 1950 (in short the act,) provided that one of the grounds of eviction would be where the tenant has neither paid nor tendered the amount of rent due from him for six months .....
Tag this Judgment!Court : Rajasthan
Decided on : Jul-16-2003
Reported in : RLW2003(4)Raj2706; 2004(1)WLC30
..... the society and ought to rise up to the society and ought to rise up to the occasion to do the needful in the matter and as such ought to act in a manner so as to subserve the basic requirement of the society.'12. on 17-6-1987 a meeting was convened at the district office, udaipur, consisting of the .....
Tag this Judgment!Court : Rajasthan
Decided on : Feb-10-2003
Reported in : RLW2003(4)Raj2131; 2003(3)WLC179
..... has proceeded to cut across the objections, to give a quietus to the matter, by directing that the marriage should be dissolved under section 13(1)(ia) of the act, having regard to the peculiar facts and circumstances of that case.38. my predicament is that recently hon'ble the supreme court in delhi administration v. manohar lal (10 ..... the peculiar features of this case, we are of the opinion that the marriage between the parties should be dissolved under section 13(1)(i-a) of hindu marriage act and we do so accordingly. having regard to the peculiar facts and circumstances of this case and its progress over the last eight years- detailed hereinbefore- we are of ..... wants to leave the respondent, and marry with other (paramour). according to the learned counsel, even this tantamounts to cruelty within the meaning of section 13(1)(ia) of the act, and on the basis of the following judgments :-(1) smt. pushpa rani v. krishanlal (2) (2) nemai kumari v. mita ghosh (3) (3) swayam prabha v. a.s .....
Tag this Judgment!Court : Rajasthan
Decided on : Nov-19-2003
Reported in : 2004CriLJ2190; RLW2004(4)Raj2224; 2004(2)WLC601
..... ) at the instance of the accused-appellant.34. before proceeding further, legal aspect of the recovery and information givenby the accused-appellant under section 27of the indian evidence act may also be discussed here.35. for applicability of section 27, two conditions are pre-requisite; (i) information must be such as caused discovery of the fact; ..... so much of such information, whether it amounts to a confession or relate distinctly thereby discovery may be proved.36. section 27 of the indian evidence act is an exception to the general rule that a statement made before police is not admissible in evidence.37. the following are the requirements or conditions for ..... application of section 27 of the indian evidence act :--1. the fact must have been discovered in consequence of the information received from the accused.2. the person giving the information must be accused of .....
Tag this Judgment!Court : Rajasthan
Decided on : Nov-13-2003
Reported in : RLW2004(2)Raj1208; 2004(2)WLC146
..... . observed:'in other words government, as it seems to me, are not debarred from acquiring and paying for the only outstanding interests merely because the act, which primarily contemplates all interests as held outside government directs that the entire compensation based upon the market value of the whole land, must be distributed ..... , the board had taken the documents on record. the land acquisition proceedings relating to issuance of notification under sections 4 & 6 of the land acquisition act are public documents. these documents do not require any further evidence. thus, the claim of the petitioners that documents were produced, is based on misconception ..... regarding the khatedari rights of the petitioners and their actual possession on the land in question in second appeal under section 224 of the rajasthan tenancy act, 1955. the petitioners claimedthat neither any document pertaining to acquisition was produced before the s.d.o., jodhpur nor before the revenue appellate authority. .....
Tag this Judgment!Court : Rajasthan
Decided on : Nov-12-2003
Reported in : 2004CriLJ1608
..... v. state of punjab, (1991) 2 crimes 191, may be referred to.27. thus, it can be concluded that :--(1) as a general rule, a court can and may act on the testimony if a single witness, though uncorroborated. one credible witness outweight the testimony of a number of other witnesses of indifferent character.(2) unless corroboration is insisted upon ..... supreme court in jagdish prasad v. state of m.p., 1995 scc (cri) 160 : 1994 cri lj 1106, has held that testimony of a solitary witness can be acted upon, if entirely reliable and corroboration is required only in case of doubt or suspicion.26. it is settled law that corroboration is not rule of law, but one of ..... court in sarwan singh v. state of punjab, air 1976 sc 2304 : 1976 cri lj 1757.quality not quantity of evidence material.23. section 134 of the indian evidence act enshrines the well recognised maxim, that 'evidence has to be weighed not counted'. the matter thus depends upon the circumstances of each case and the quality of evidence even .....
Tag this Judgment!Court : Rajasthan
Decided on : Oct-31-2003
Reported in : [2004(101)FLR1187]; RLW2004(2)Raj1087; 2004(1)WLC648
..... . the instant writ petition is also not maintainable on the ground of availability of alternative remedy under sections 74 and 92 of the multi-state cooperative societies act, 1984. in u.p. state cooperative land development bank ltd. v. chandra bhan dubey and ors. (3), the apex court held that when any ..... include institutions such as the council of scientific and industrial research which are sponsored and controlled by the central government and registered under the societies registration act and the employees of such institutions have no standing to impeach circulars of the institution relating to service matters on ground of infraction of their rights ..... other autonomous or voluntarily organization or non-governmental organization receives; and alternative remedy under section 74 and section 92 of the multi-state co-operative societies act, 1984 is available to the petitioner; and the petitioner has misrepresented the facts as he was working with the society on contract basis for a .....
Tag this Judgment!Court : Rajasthan
Decided on : Sep-24-2003
Reported in : 2005ACJ1653; AIR2004Raj131
..... we accordingly so direct. the recordmay now be placed before the hon'ble thechief justice of india.' 159. considering the conflicting judgments and the provisions of the act, hon'blethe constitution bench, in para-8 held asunder :-- '8. thus, a careful reading of these decisions clearly shows that the liability of the insurer ..... showing that it contains a purported order of a statutory authority would even remain counterfeit albeit the fact that other persons including some statutory authorities would have acted on the document unwittingly on the assumption that it is genuine.' 145. on the question of liability of the insurer, after referring to the provisions of ..... vehicle adapted to carry more than nine persons excluding the driver.''section 177. general provision for punishment of offences.-- whoever contravenes any provision of this act or of any rule, regulation or notification made thereunder shall, if no penalty is provided for the offence be punishable for the first offence with fine .....
Tag this Judgment!