Court : Rajasthan
Decided on : Apr-18-2003
Reported in : AIR2003Raj280; II(2003)DMC690; RLW2003(4)Raj2512; 2003(3)WLC526
..... , the legislature specifically took care of this situation particularly in the divorce petition by framing sub-clause (a) of sub-section (1) of section 23 of the act of 1955, which specifically provides that before passing the decree for divorce, the court shall record its satisfaction regarding existence of the ground of divorce and further shall see ..... levelled the allegation. if the court is satisfied that there exists grounds for relief, which are given in section 13 of the act of 1955, then there is no reason for not granting the relief of divorce. learned counsel for the petitioner also submitted that the trial court earlier occasion vide ..... 7. learned counsel for the petitioner also submitted that as per clause (a) of sub-section (1) of the section 23 of the hindu marriage act, 1955 (for short 'the act of 1955'), for grant of divorce decree, what is required is existence of the ground for grant of relief of divorce irrespective of the fact that who .....
Tag this Judgment!Court : Rajasthan
Decided on : Apr-18-2003
Reported in : RLW2003(4)Raj2177; 2003(3)WLC234
..... . the state of rajasthan (4), held that cause of action for the petitioner to challenge the recommendations made by the d.p.c. can arise only when the state government acts upon such recommendations and issues an order in accordance with the recommendations to the prejudice of the petitioner and till then the petitioner cannot have any cause of action to ..... of rajasthan and ors. (5), wherein, after considering the judgments of the hon'ble supreme court, this court held categorically that 'it cannot be held that communicated acr cannot be acted upon unless it has attained finality.' this court held that if that be held then sub-rule 11b of rule 28-a will become redundant and judgment relied upon by .....
Tag this Judgment!Court : Rajasthan
Decided on : Apr-16-2003
Reported in : RLW2003(4)Raj2441; 2003(3)WLC251
..... in relation to property. section 99 lays down the limits of the right of private defence. sections 96 and 98 give a right of private defence against certain offences and acts. the right given under sections 96 to 98 and 100 to 106 is controlled by controlled by section 99. to claim a right of private defence extending to voluntary causing .....
Tag this Judgment!Court : Rajasthan
Decided on : Apr-10-2003
Reported in : RLW2003(4)Raj2284; 2003(3)WLC137
..... india has recognised medical degrees of various foreign universities even though they are admitting students with colour vision deficiency or colour blindness. the second schedule to the indian medical council act, 1956, reveals that bachelor of medicine and bachelor of surgery from university of bristol, university of leeds, university of liverpool, university of london, university of oxford, university of sheffield, university .....
Tag this Judgment!Court : Rajasthan
Decided on : Apr-09-2003
Reported in : RLW2003(4)Raj2183; 2003(3)WLC208
..... through not appointed in the government department, but still is a government servant and has effective alternate remedy, which is available to the petitioner under the act of 1976 before the rajasthan civil services appellate tribunal.8. learned counsel for the respondent in these circumstances submitted that if this court comes to the ..... the entire aspect of the matter has been considered, though with respect to a different service, but almost all analogous provisions are available in the rajasthan municipalities act as well as in the rules framed thereunder. it is also submitted by learned counsel for the respondent that in view of the judgments reported in ( ..... may take disciplinary action against the employees like petitioner. learned counsel for the petitioner also submitted that there are provisions for having the municipal service in the act and rajasthan municipal service rules, 1963, which have been framed by exercising powers under sub-section 1 and clause (t) of sub-section (2) of .....
Tag this Judgment!Court : Rajasthan
Decided on : Apr-08-2003
Reported in : 2004ACJ1632; AIR2003Raj308; RLW2003(3)Raj1808; 2003(3)WLC516
H.R. Panwar, J.1.These five appeals are directed against a common judgment and award dt. 1.6.1996 passed by Motor Accident Claims Tribunal, Dungarpur (for short 'the Tribunal') whereby the Tribunal has awarded compensation of Rs. 3,04,500/- in M.A.C. Case No. 99/94 filed by appellant-claimant Nanji Bhai and Ors. Rs. 2,04,500/- in M.A.C. Case No. 100794 Filed by Vishal and Ors. Rs. 1,09,500/- in M.A.C. Case No. 97794 filed by Harakhchand and Ors. Rs. 2,000/- in M.A.C. Case No. 98794 filed by Master Rakesh and Rs. 10,000/- in M.A.C.T. Case No. 101794 filed by Miss Foram. Aggrieved and dissatisfied with the quantum of compensation awarded by the Tribunal, the appellant-claimants hereinabove (for short 'the claimants') have filed the aforesaid appeals seeking enhancement of compensation.2. Briefly stated facts to the extent they are relevant and necessary for decision of these appeals are that on 24.11.1993 at about 8.30 P.M., Moolchand Bhai, Smt. Ranjan Ben, Smt. Manjula Ben, Master Rakes...
Tag this Judgment!Court : Rajasthan
Decided on : Apr-07-2003
Reported in : 2003CriLJ3632; RLW2003(4)Raj2290; 2003(3)WLC465
..... the court cannot start with the presumption that the police records are untrustworthy. as a proposition of law the presumption should be the other way around. the offical acts of the police have been regularly performed is a wise principle of presumption and recognised even by the legislature. hence when a police officer gives evidence in court ..... course the case came up for trial before the court of learned sessions judge jhunjhunu. charges under sec. 302 ipc and section 3/25(b)(a) of arms act were framed against the appellant. the appellant denied the charges and claimed trial. the prosecution examined as many as 19 witnesses and exhibited 29 documents in support of ..... 302 ipc to suffer imprisonment for life and fine of rs. 5,000/-, in default to further suffer one year simple imprisonment.under section 3/25(b)(a) arms act, 1959 :to suffer three years rigorous imprisonment and fine of rs. 1000/-, in default to further suffer six, months simple imprisonment. both the sentence were directed to .....
Tag this Judgment!Court : Rajasthan
Decided on : Apr-07-2003
Reported in : RLW2003(4)Raj2081; 2003(3)WLC690
..... before appointment, the president and the members of the district forum shall have to take an undertaking that he and his relatives as defined in the companies act, 1956 (central act i of 1956) does not and will not have any such financial or other interests as is likely to affect prejudicially his functions as a member.( ..... previous service as district judge can be deducted from the salary of the president of the district consumer form fixed under the provisions of the consumer protection act and the rules framed thereunder. the lordships held that pension should be deducted from the salary which a retired district judge gets as president of the district ..... benefits of member of rhjs till the retires from the district consumer forum.12. before we proceed, we would like to refer some relevant provisions of rajasthan consumer protection act, 1986 and the rajasthan consumer protection rules, 1987. (hereinafter, referred as 'the rules, 1987').13. clause (a) of sub-section 1 of section 10 provides .....
Tag this Judgment!Court : Rajasthan
Decided on : Apr-07-2003
Reported in : 2003CriLJ3286; RLW2003(4)Raj2466; 2003(3)WLC169
..... 'dowry death' under section 304b which is punishable with minimum sentence of seven years rigorous imprisonment and maximum for life. presumption under section 113a of the evidence act could also be raised against him on same facts constituting offence of cruelty under section 498a ipc. no further opportunity of defence is required to be granted to ..... not harassed by the appellants for or in connection with the demand of dowry. we find ourselves unable to draw presumption under section 113b of the evidence act against the appellants.17. there is overwhelming evidence in the case to establish that razia's life was made intolerable by fakruddin by ill beating her frequently. ..... face of the record. undoubtedly he made attempt to extinguish fire and got burnt his both the hands, but this fact does not absolve him from his act of cruelty. we however find prosecution evidence unreliable qua batool and sanno. once razia and fakruddin got separated and started living in an independent portion of the .....
Tag this Judgment!Court : Rajasthan
Decided on : Apr-07-2003
Reported in : RLW2003(4)Raj2157
..... 125(6), the apex court held as under :-'if the contract is found to be genuine and prohibition notification under section 10(1) of the clra act in respect of the establishment concerned has been issued by the appropriate government, prohibiting employment of contract labour in any process, operation or other work of any ..... is prohibited either because the industrial adjudicator/court ordered abolition of contract labour or because the appropriate government issued notification under section 10(1) of the clra act, no automatic absorption of the contract labour working in the establishment was ordered; (ii) where the contract was found to be a sham and nominal, ..... the matter was on the interpretation of expression 'appropriate government' as defined in section 2(1)(a) of the contract labour (regulation and abolition) act, 1970 (for short 'the clra act'). the apex court held that; (1) where contract labour is engaged in or in connection with the work of an establishment and employment of .....
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