Court : Rajasthan
Reported in : 1981WLN(UC)205
..... because he was unfit to discharge the service which he had really come to an end itself. that this is the idea involved in the definition of the word 'retrenchment' is also supported by section 25g of the act which provides that where any workmen are retrenched, and the employer proposes to take in his employ any person he shall give an opportunity ..... 'd' colliery p.o. bhurkunda dist. dhanbad v. their workmen before the central government industrial tribunal-cum-labour court at dhanbad reported in the gazette of india part 3 section 3 sub-section (2) dated august 24, 1968. i have perused this authority but it is distinguishable on facts in the sense that it was an admitted position that the workman was not ..... question with regard to them was whether they could be said to have been retrenched within the meaning of the definition. in these facts the following observations were made;now when a workmen is discharged on the ground that he is medically unfit as happened in the case of the ten workmen with whom alone we are concerned in this appeal, it ..... -petitioners no 2 and 3. i have heard the learned counsel for the parties and perused the record of the case carefully. it is argued by the learned counsel for the petitioner that it was an admitted position that sahbudin was not in a position to carry on the job which he had been doing before the accident. the medical certificate recommends .....Tag this Judgment!
Court : Rajasthan
Reported in : (1997)IIILLJ74Raj; 1996(1)WLC379; 1995(1)WLN588
..... (hereinafter to be referred as 'the act') to which the petitioner submitted his reply vide annexure-7. subsequently, the petitioner was served with a second show-cause notice on july ..... view of the fact that the petitioner had rendered about 13 years of service as driver, respondent no. 2 passed the impugned order dated march 20, 1990 vide annex-11, resulting in termination of his services in terms of section 2(oo) (c) of the act.6. it is the above-stated impugned order of termination which the petitioner has challenged in the present ..... petitioner by taking shelter under section 2(9)(c) of the act holding that the petitioner is not fit for the job of driver.5. it has been contended in the writ petition that on the basis of a settlement which was arrived at between the aituc (workers union) and the corporation on february 21, 1979, drivers who were medically unfit to discharge their ..... per medical advice and the petitioner was given lighter duties by the respondents in the work-shop at kota.4. on may 10, 1988, the petitioner was served with a show-cause notice by the divisional manager, kota whereby the petitioner was directed to reply as to why his services be not terminated under section 2(oo) (c) of the industrial disputes act, 1947 .....Tag this Judgment!
Court : Rajasthan
Reported in : 1979WLN(UC)93
..... licence issued for such purpose under chapter iv of the act. section 33 (1) of the act empowers the central government to make rules for the purpose of giving effect to the provisions of chapter iv of the act and section 33(2)(a) of the act lays down that the rules framed by the central government ..... trust and thus by pass the resolution dated 20th august, 1974- passed by the trust. in other words by passing the impugned order, the chief medical & health officer was seeking to enforce the resolution of the trust of the samiti of which he happens to be the secretary. the said purpose is ..... that after the filing of the writ petition in this court, a communication dated 24th october, '78 was addressed to the petitioner by the chief medical and health officer wherein the petitioner had been asked to give his explanation in respect of certain matters, some of which relate to the circumstances in ..... barmer, there is a samiti known as dongra vishram grah samiti and that the collector, barmer, is the chairman of the said samiti and the chief medical & health officer, barmer, is the secretary of the said samiti. the said samiti has got building constructed near the general hospital, barmer, and there ..... to the rules. both the licences were valid up to 31st december, 1977 but before the expiry of the period of the said licences, the chief medical and health officer, barmer, passed an order dated 11th may, 1976 whereby he directed the petitioner not to carry on any business in pursuance of the .....Tag this Judgment!
Court : Rajasthan
Reported in : RLW2005(3)Raj1577; 2005(2)WLC829
..... to life in a danger is imminent. the law appears to contemplate the more immediate rather than the more, remote possible danger....'modi in his book 'medical jurisprudence and toxicology, 13th edition, at page 238, states as follows:'danger to life should be imminent before the injuries are designated 'dangerous to life', ..... to further undergo r.i. for one year. co-accused bhagwati, nand kishore and mohan have been acquitted of the charges under section 307/34 and 323/34 ipc.2. briefly stated, the facts of the prosecution case are that on 20.06.98 at about 12.00 noon appellant jalim singh fired ..... remote chance of their becoming dangerous to life or becoming sufficient, in ordinary course of nature, to cause the death of the complainant, in case medical and was not rendered. intention or knowledge are alternative ingredients of this offence. now, from the evidence discussed above as well as to be discussed ..... the final submissions made by both the parties, convicted and sentenced the appellant jalim singh as indicated herein-above and acquitted him of the charge under section 323/34 ipc. the remaining accused were acquitted of both the charges.5. i have heard the learned counsel appearing for the accused- appellant, ..... the death of intended to inflict injury which was sufficient in the ordinary course of nature to cause death or that he knew that his act was so imminently dangerous that it must in all this probability cause the death or cause an injury as is likely to cause death. the .....Tag this Judgment!
Court : Rajasthan
Reported in : 1996(1)WLN434
..... of dowry. there are number of circumstances which tend to show that the appellants could not have demanded any dowry as is defined under section 2 of the dowry prohibition act, 1961.40. that being so, in absence of such a demand and subjecting the deceased to cruelty or harassment therefore, no presumption under ..... smt. chooni had not died under normal circumstances and her death having occurred within seven years of her marriage, will not suffice to attract section 304b, i.p.c. besides, as the medical evidence reveals, smt. chooni had four external injuries as are borne out of ex. p. 6 postmortem report and her death was result ..... otherwise than a normal one. as regards cause of her death, p.w. 7 dr. o.p. khatri, who was one of the members of the medical board conducting the autopsy of the dead body, clearly stated that smt. chooni's dead body bore 4 injuries and, on internal examination, her left kidney and ..... have deposed that they were subjected to an assault by the appellants but their is absolutely no proof in the form of lodging of police report or their medical examination in proof of their being subjected to any such assault. even if the f.i.r.no. 17/93, police station, sedwa, filed along with ..... follows: p.w. lghansi ram tehsildar, chohtan district banner forwarded ex.p. 1 report along with ex.p. 6 post-mortem report, p.w. 7 report of medical officer, ex.p 8 site inspection memo ex.p.9 site plan, ex.p. 10 inquest report and ex.pll panchnama, to the officer-in- charge, police .....Tag this Judgment!
Court : Rajasthan
Reported in : AIR1960Raj224
..... of justice, equity and good conscience within the meanof section 6 of the central provinces laws act. in the present case we have found that sub-section (2) of section 21 was applicable to kotah, and consequently the courts could act within the meaning of that section.30. the position in this case is yet stronger as ..... who was driving the defendant's bus, and was doing so in the course of the defendant's employment. the plaintiff in this case has definitely put forward the cause of the accident, and the court has. therefore to enquire whether the cause, if proved, was due to the negligence ..... in the state or some such law was seriously in contemplation at the time. let us, therefore, examine the kotah state civil courts act of 1945. section 21 of the act runs thus:' (i) where in any suit or other proceeding it is necessary for a civil court to decide any question regarding ..... 847). the injured party is also entitled to damages for his financial loss, actual and prospective. actual financial loss may consist of loss of earnings, medical and nursing expenses, and cost of convalescence, and the fact that payment has not actually been made in respect of liabilities incurred under any of these ..... warrant interference with those findings. as pointed out by the privy council in rivers steam navigation co. ltd. v. hathor steamship co. ltd., air 1916 pc 73, in collision cases where questions of fact alone arise, a court of appeal should be most chary of interfering with the decisions of the .....Tag this Judgment!
Court : Rajasthan
Reported in : 1994CriLJ3382; 1994(2)WLC738; 1994(2)WLN55
..... we fully agree with the conclusion arrived at by the learned additional sessions judge in convicting and sentencing the appellant under section 302, ipc. it is apparent from the statement of the medical jurist p.w.3 dr. j.p. swamy that the appellant had not given one or two ghota blow on ..... , which amounts to culpable homicide amounting to murder.19. it would be pertinent to quote the deposition of medical jurist pw 3 dr. j.p. swamy which will demonstrate beyond all' reasonable doubt that the appellant had the; intention to kill his wife and he ..... blows on her head.; thus according to the deposition of pw4 jalajuddin, pw5 daulat ram, pw 6 brij, lai coupled with the deposition of pw 3 medical jurist dr. j.p. swamy, the prosecution has established its case beyond all reasonable doubt that the appellant committed the murder of his wife, smt. vimla ..... gathered from the attending circumstances of this case. learned p.p. invited our attention to the statement of p.w. 3 dr. j.p. swamy, medical jurist and placed reliance on the case of nasik v. state of maharashtra reported in 1993 air scw 1394 : 1993 cri lj 2619 rendered by the ..... part ii, ipc but it falls within the meaning of culpable homicide amounting to murder as defined under section 299 read with section 300 ipc. it would be expedient to reproduce section 299 in extenso and the relevant portion of section 300, ipc and exception under the said section as under:-299. whoever causes death by doing an act .....Tag this Judgment!
Court : Rajasthan
Reported in : 1986(2)WLN685
..... the petitioner along with his father came back to their village in rajasthan. the petitioner joind iind year of three year degree course in the maharana bhopal college, udaipur. meanwhile pre-medical test for admission in mbbs course in medical colleges in rajasthan was held in 1984 and the petitioner in order to prepare for this test did not appear in ..... intelligent mind, they would have had no adequate opportunities for development so as to be in a position to compete with others. so also students belonging to the weaker sections who have not, by reason of their specially or economically disadvantageous position, been able to secure education in good school would be at a disadvantage compared to students belonging ..... bombay in 1982. the petitioner could not appear in 1982 examination because of serious illness of his father. however, the petitioner appeared for higher secondary certificate examination (10 plus 2) pattern from maharashtra state board of secondary & higher secondary education, pune. petitioner passed this examination in march 1985 in first division. by this time the father of the ..... /corporations/improvement trust/municipal board/ panchayat samities/cooperative bodies duly constituted by the government of rajasthan;or(iii) statutory bodies and corporations formed under the indian companies act incorporated in rajasthan;or(iv) he/she is a son/daughter of an employees of university in rajasthan or higher secondary board of education (rajasthan) provided for category ( .....Tag this Judgment!
Court : Rajasthan
Reported in : AIR1994Raj82; 1993(2)WLC715
..... subjects, namely, physics, chemistry and biology but compulsory subjects also i.e. english and hindi. however, this will not prevent the director, medical and health services to issue clarification if they so choose in future. but, so far as theadmission granted by this centre on the basis of ..... qualifying examination or by taking into consideration the marks obtained in the three optional subjects. it is submitted that the instructions from the director, medical and health services are that the total marks obtained at the qualifying examination have to be taken into consideration for drawing the merit list.9 ..... , whether any admissions have been made by other centres on the basis of the marks obtained in the optional subjects from the director, medical and health services, jaipur and make statement at the bar that whether at the 11 centres the total marks were taken into consideration for ..... has framed the rules known as general nursing training course, 1990 which have been framed under sub-section (1) of section 33 of the rajasthan nurses, midwives, health visitors and a. n. m. registration act, 1964. according to this, the course is of 3 years duration for male and female. the ..... --'qualification --(1) a candidate for admission to the course shall possess 1st year of the three year's degree course under old scheme/ senior higher secondary school certificate under 10 + 2 scheme with physics, chemistry and biology of a university established by law in india or of a recognised board. .....Tag this Judgment!
Court : Rajasthan
Reported in : (1969)ILLJ169Raj
..... an indian university is a question relating purely to an academic matter and courts should naturally hesitate to express a definite opinion, specially when the selection board of experts considers a particular foreign university degree as so equivalent. 44. further on, their lordships have been pleased to observe ;it would normally be wise and safe for the courts to leave the ..... a principal i3 a part-time post and not a promotion post. it has also been submitted that the posts of principals in sardar patel medical college, bikaner; ravindra nath tagore medical college, udaipur; medical college, jodhpur ; and medical college, ajmer, are not the posts of purely principals, but the principals of these colleges are also the controllers of associated group of hospitals ..... and conditions of service, there could be some justification in challenging the validity of their appointments even on a temporary footing on the basis of the university act, statutes and ordinances. all the medical colleges and attached hospitals are run by the government of ra]asthan and both dr. ojha and dr. rishi have been appointed as professors not by the ..... to cultivate and promote the arts, science and other branches of learning. 24. section 28 provides for making of statutes. the first three clauses of section 28 read as under:(1) on the commencement of the act, the statutes of the university shall be those set out in the schedule.(2) the statutes may be amended, repealed or added to by statutes made by .....Tag this Judgment!