Court : Rajasthan
Reported in : 1996ACJ115; [1995(70)FLR800]; (1995)ILLJ845Raj; 1994(2)WLC573; 1994(2)WLN164
..... . state of west bengal air 1971 cal 137 pertained to the question if an arbitrator appointed under the provisions of defence of india act (1939) was a tribunal and it was held that arbitrator was a court of civil jurisdiction for purposes of sections 141 and 115 ..... the learned single judge examined the matter in the light of the provisions of sections 20, 22, 23 and 30 of the workmen's compensation act but was not alive to the distinction pointed out by the apex court between a court and a tribunal appointed to exercise jurisdiction in ..... expedient to provide for the payment by certain classes of employers to their workmen of their compensation for injury by accident; it is hereby enacted as follows:a bare reading of preamble goes to show that the act provides for special matters, namely, for payment by certain classes of employers to their workmen of compensation for injury by accident. ..... overruled its earlier view and specifically held that in spite of the fact that an appeal lies to the high court against certain order of the commissioner under section 30 of the act, having regard to sections 5 and 19(2) of the act it could not be said that the commissioner is a civil court or a court in technical sense ..... 'a bare reading of this section goes to show that the commissioner appointed under this act is not a civil court but l by a deeming provision of the section has been equated with the civil court for certain specific matters only and not ..... sharma (1965-i-llj-433) in the following .....
Tag this Judgment!Court : Rajasthan
Reported in : 1995CriLJ2403; 1995(1)WLC180
..... the learned counsel for the bank, on the other hand, have supported the order passed by the court below and submitted that the enquiry envisaged under section 74 of the rajasthan co-operative societies act (in short, 'the act') is in the nature of a departmental enquiry by the registrar, co-operative societies, to order the defaulter to contribute by way of compensation for the losses caused to the bank and does not ..... thereafter moved applications in both these cases for dropping the criminal proceedings on the ground that the proceedings were taken by the department under section 74 of the rajasthan co-operative societies act for the repayment of the amounts regarding which the petitioner is alleged to have committed criminal breach of trust and, therefore, the criminal proceedings with respect to these very items ..... in rajendra kumar ruia versus the state of west bengal, 1969 cri lj 243, accused rajendra kumar ruia, in pursuant to, a hire-purchase agreement with the complaint, re-possessed the vehicle hired because of the default of the complainant to pay the ..... jurisdiction of the ordinary civil and revenue courts is ousted and the civil or revenue disputes, which fall under section 48 of the bihar act are wholly triable by the registrar and, therefore, the apex court, in those circumstances held that 'for the purpose of contempt of courts act, the registrar or the assistant registrar, to whom the power has been delegated, is a 'court' discharging the same functions and duties .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1995Raj239; 1995(2)WLN441
..... of religion, race, caste, community or language or the use of, or appeal to religions symbols for the furtherance of the prospects, of the election of the respondent, as defined in sub-section (3) of section 123 of the act, and (iii) the promotion of or attempt to promote, feelings of enmity or hatred between different classes of citizens on grounds of religion for the furtherance of the prospects of the election of the respondent or prejudicially affecting the election ..... and caste and use of religious symbol under section 123(3) and relating to promotion of hatred between different classes of citizens of india on the ground of religion and community under section 123(3a) of the act: (b) that in the latter part of this speech the respondent shri bhairon singh shekhawat made an appeal to the electors to cast their votes for the furtherance of the prospects of his election on ..... proper and convenient to survey the position of the case law cited at the bar on the question of necessity or desirability to decide objections as to non-compliance with provision of section 83 of the act as preliminary objection at the threshold and as to the applicability of order vi, rule 16 and order vii, rule 11 of the code of civil procedure to election petitions. 15. ..... . mukhtiar singh, air 1965 sc 141, following observations were made in paragraph 8 of the decision: 'it is well known that there are several parties in this country which subscribe to different political and economic ideologies ..... ..... ..... .....
Tag this Judgment!Court : Rajasthan
Reported in : 1995(78)ELT657(Raj); 1996(1)WLC348
..... in view of these allegations in the show cause notice which is based on the statements of peerulal and other persons recorded under section 108 of the customs act, it cannot be said that there was no material before the customs officers to form reasonable belief that the goods were being smuggled out of india to pakistan. ..... they were intercepted by police in bihar at a place 75 yards from the border of west bengal. ..... the reported decision of the supreme court (malkiat singh's case supra), on which reliance is placed, was a case under the essential commodities act, 1955 and the allegation was that certain provisions of punjab paddy (export control) order, 1959 were contravened. ..... in the instant case, it may be noted that the term 'smuggling' has been defined under section 2(39) of the customs act, 1962, as under :-''smuggling', in relation to any goods, means any act or omission which will render such goods liable to confiscation under section 111 or section 113;' section 113, customs act, 1962, inter alia provides for confiscation of goods attempted to be improperly exported. ..... peerulal in his statement dated 3-3-1983 and 4-3-1983 recorded under section 108 of the customs act, 1962 admitted the ownership of 503 bottles of whisky recovered and seized from jonga jeep no. ..... , dated 23-1-1965 issued under section [7(a) and 7(b)] of the customs act, 1962, jodhpur-jaisalmer is not the route through which the goods can be exported to pakistan. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1997CriLJ1331; 1997(1)WLC404; 1996(2)WLN647
..... state of west bengal, air 1966 sc 69: (1966 cri lj 75), it was urged before their lordships of the high court that the order passed by shri n. ..... machine cannot discriminate between persons, places of circumstances in which it should perform the function and those in which it must not perform the function therefore, in relation to places, persons and circumstances a machine acts blindly and if it is allowed to perform the mechanical function without any continuous and indiscriminate repeated action which it is capable of indulging in. ..... right conferred by it gives protection against such arrests as are effected otherwise than under a warrant issued by a court on the allegation or accusation that the arrested person has, or is suspected to have, committed, or is about or likely to commit an act of a criminal or quasi-criminal nature or some activity prejudicial to the public or the state interest. ..... if neither of the two courses mentioned above is adopted the authority will either act in a mechanical manner or act in a purely arbitrary manner according to its whim, caprice or affectation to which it is ..... function is characterised by above mentioned two defects and, therefore, when any power is conferred upon any person or body of persons so as to act to the disadvantage of anyone,' such power cannot be allowed to be performed in a mechanical manner. ..... ajoy kumar mukherjee, air 1965 sc 1651 : (1965 (2) cri lj 686) and state of punjab ..... ajoy kumar, air 1965 sc 1651 : (1965 (2) cri lj 686 .....
Tag this Judgment!Court : Rajasthan
Reported in : 1996(2)WLN563
..... state of west bengal air 1965 sc 1887 while interpreting provisions of section 428 of the old code of criminal procedure, which were analogous to section 391, cr.p.c 1973, the apex court held that the code gives power to the appellate court to take ..... ground of delay, it was held by the apex court that the mere fact that six years had elapsed for which time-lag the prosecution was in no way responsible, was no good ground for refusing to act in order to promote the interests of justice in an age when delays in the court have become a part of life and the order of the day and it was, therefore, directed that the additional evidence be allowed ..... the opportunity to remove such a formal defect was to abort a case against an economic offender, and that the ends of justice are not satisfied only when an accused in a criminal case is acquitted and that the community acting through the state and the public prosecutor is also entitled to justice. ..... 501/95 and 502/95 have been filed by accused appellants manish dixit and sharad dhakar, respectively against their conviction for offences under sections 302/34, 364/34, 379/34, 120b ipc 7/27(1)(a) of the arms act passed by the learned sessions judge, jaipur city, while cr. ..... under section 9 of the foreigners act, the burden was cast upon the appellant to prove that he was an indian national. ..... state of rajasthan 1976 wln (uc) 574, the appellant was convicted under sections 3/14 of foreigners act and 307/34 1pc. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1999Raj370; 1999(3)WLC490; 1999(1)WLN420
..... management of the institute under the control of the present petitioner had been far from satisfaction and there were circumstances which warranted the state government to invoke its power under section 10 of the act to take over the management; (ii) whether constitution/election of petitioner committee had been invalid and whether its manager shri dungar singh was a history-sheetor, are irrelevant issues to determine the controversy ..... any law for the time being in force, whenever it appears to the state government that the managing committee of any recognised institution has neglected to perform any of the duties assigned to it by or under this act or the rules made thereunder or has failed to manage the institution properly and that it has become necessary in the public interest to take over the management ofsuch institution, it may, after giving to such managing ..... 4 and there was no extraneous consideration in handing over the institute to the present management committee; the government had rightly exercised its power under section 10 of the act and there is no bar to hand over the institution to another society, the institution had not been properly managed and, thus, the government was fully justified in taking over the management, ..... west bengal v ..... 8 scc 494 : (air 1996 sc 3202) and state of west bengal v. ..... latter asked the employees of the school to form a society and getit registered under the rajasthan societies act, 1965 and also issued various other instructions. .....
Tag this Judgment!Court : Rajasthan
Reported in : 2000(2)WLC63; 2000(2)WLN23
..... of the disputed land lying vacant and belonging to the jda tried twice to construct the boundary thereon but sita ram asi, the accused in this case who stood deputed with jda at that time, acting under the orders of the enforcement officer shri hari shankar sharma, got the boundary walls demolished, that the informant obtained a patta in respect of the disputed land from the said housing society; that ..... state of west bengal : 1997crilj743 , state of u.p. v. r.k. ..... 168/99 under sections 420, 467, 471, 384, 323, 448 ipc and section 3(v) sc/st (prevention of atrocities) act, 1989 was registered at police station malviya nagar against the petitioner.12. ..... no doubt the relations of ones parents with others, their acts of omission and commission as against others in the discharge of their official or non-official duties, particularly when such parents are principled and strict disciplinarian, may reflect upon their children, moreso in the state of fast ..... the investigating officer and the other officers superior to him and who supervised the investigation in these cases acted in the manner they were expected to do. ..... tripura administration air 1965 tripura 27 (v52 c 12), s.n. ..... registrar co-operative societies as per provisions of the rajasthan co-operative societies act.38. .....
Tag this Judgment!Court : Rajasthan
Reported in : 2000(2)WLN635
..... of such bonds of unity and fraternity among all members of the force as are necessary for uniting them and producing the maximum possible coordination and cooperation by living and acting as members of the force, without any element of hostility and reposing their faith, not only in the ideals and objects for which border security force has been created ..... being or thing nor evil lies in any power, potential capability or the skill nor evil lies in any particular frame of circumstances but, in certain combination of circumstances in which a certain act may produce evil consequences and that if necessary changes are brought about in the frame of circumstances, it would be possible not only to avoid the evil consequences but to obtain benefits and ..... in such manner as may be best for the good of the force:provided always that if by the sentence of any general security force court a person subject to the border security force act has been sentenced to suffer death or an officer has been sentenced to be imprisoned or dismissed, you shall in such case and also in the case of any other general security force court ..... police west bengal and ..... 1965]1scr123 , at page 732, the supreme court has pointed out that the nature of mens rea that will be implied in a statute creating an offence depends upon the object of the act ..... 1965]1scr123 , their lordships considered the question whether mens rea was necessary for an offence under section 8(1) and section 23(l-a) of the foreign exchange regulation act .....
Tag this Judgment!Court : Rajasthan
Reported in : 2001(3)WLC575; 2002(1)WLN338
..... sections 41 and 42, penal code and as such the application of section 64, ipc, cannot ordinarily be ruled out to the offences under the rajasthan municipalities act, but in view of the special provision in section 265(2) of that act which provides a special mode for the recovery of fine imposed under the act, section 64 ipc, which deals with the power of the criminal court, for awarding sentence of imprisonment in lieu of the fine, cannot apply to the ..... reported in : [1965]3scr665 , was considering the scope of section 41 of life insurance corporation act and section 446 of the companies act and held that the life insurance corporation act being special provisions will prevail upon the provisions of section 446 of the companies act and that the provisions of the special act namely, life insurance corporation act, will override the provisions of general act namely, companies act, which is an act relating to companies in ..... of west bengal and anr ..... (2) except with the special sanction of the state government no magistrate shall take cognizance of any offence punishable under this act, unless the prosecution is instituted within a year after the date on which the offence is alleged to have been committed ..... was further held as under:so far as the provisions of recovery of debts to banks and financial institutions act, 1993 and rajasthan relief undertakings act are concerned, both the legislations are valid laws made by different legislatures exercising power under different lists. .....
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