Court : Rajasthan
Decided on : Oct-30-2001
Reported in : 2002(4)WLN686
..... rape was committed with her, therefore, placing reliance on her statement for offence under section 376/511 i.p.c. is also wrong as the statement of pw. 1 bhanwari is not corroborated by any other evidence, even from medical evidence. therefore, findings of conviction from this point of view also suffers from basic ..... it is well settled that although legally there is ho bar in 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 privy council in mohamed sugal esa mamasan ..... is one aspect of the matter. other aspect of the matter is that after lodging the report ex.p/2, the child prosecutrix p.w.i bhanwari was got medically examined on 4.2.97 and her medical examination report is ex.p/35 whiph shows that:-i) she is of about 9 years of ageii) ..... treatment for stomach problem. since it is very valuable piece of evidence, therefore, the case of pw 1 bhanwari, pw 3 bhika ram and pw 2 janja that the child prosecutrix was raped or accused appellant tried to molest her as a result of which she received injuries on her private part cannot ..... the same prescription which was written by the doctor concerned when in the night she was examined by the doctor. similar is the statement of pw 2 janja, mother of the child prosecutrix.17. p.w.i bhanwari is the child prosecutrix who states that on the relevant day the accused appellant lifted .....Tag this Judgment!
Court : Rajasthan
Decided on : Feb-15-2001
Reported in : 2001(4)WLC417; 2001(2)WLN297
..... prakash & anr. (35), the hon'ble apex court explained the distinction between 'retrenchment and 'abandonment' from service, observing that termination contemplates an act on the part of the employer which puts an end to service to fall within the definition of the expression 'retrenchment' and in case the workman does not report for duty, it would amount to abandonment of service by ..... the date of termination of her services. she was knowing what was the case against her. she had been given an opportunity to defend herself. she did not place any medical certificate, on the basis of which her leave applications could have been considered. one fails to understand even if enquiry was held against her, what stand she could have ..... forfeiture of appointment. the vice chancellor may condone such period of wilful absence treating it as extraordinary leave (without pay).'(51). ordinance 320, read with appendix-b and schedule-ii provides for a procedure for imposing the punishment on delinquent. the punishment can be imposed onthe ground of grave misconduct and/or persistent negligence on duty and the same provides ..... following reasons:-(i) petitioner availed the leave for doing post doctoral research work but did not submit any result/progress of the so- called research work inspite of being asked; (ii) staying away from the work creates an impression that ihe employees are scrupulously serving the university; (iii) petitioner had already been granted more than five years leave, therefore, it .....Tag this Judgment!
Court : Rajasthan
Decided on : Feb-12-2001
Reported in : 2001(2)WLC453; 2001(2)WLN336
..... very well settled by umpteen number of judgments of the hon'ble supreme court regarding the doctrine of legitimate expeclation. the person who joins the service will definitely expect himself to be confirmed after the period of probation is over, if nothing wrong is found against him during the period of probalion.(5). in the ..... rs. 750- 940 in the year 1989. they were interviewed and they were duly selected. after undergoing the medical test, they were given appointment way back in the year 1989 as they were found fit and suitable to be appointed on the post of wash boy. ..... quashed and set aside. the original application no. 239/95 filed by the present petitioner is accepted and it is declared that his termination order dated 2.6.95 is bad in law and illegal and accordingly, it is quashed and set aside. it is further declared that the respondents shall treat the ..... it is clear that both the original applicants were appointed on the post of wash boy in group-d. on the requisition made by the respondent no.2, the local employment exchange sponsor the names of both the applicants for filling up the sanctioned posts of wash boy in group-d in pay scale of ..... tribunal refused to rely on that judgment in view of ihe hon'ble supreme court's judgment in case of himachal road transport corporation vs. dinesh kumar (2). the relevant portion of this judgment has been reproduced by the tribunal in para 6 of its order. after reproducing the same, the learned cat observed .....Tag this Judgment!
Court : Rajasthan
Decided on : Nov-02-2001
Reported in : 2002(1)WLN642
..... such details have been furnished by the petitioner in this regard. the respondents have contended that giving appointment to close relative amounts to misconduct of a grave nature as it definitely amounts to nepotism and corruption. though there is no express provision in the statute prohibiting such employment, the manner in which the petitioner has appointed his own nephew is arbitrary ..... to know through reliable source that there was a vacancy of class iv post. the appointment letter was issued to him on the same day. he was referred to for medical examination the same day which was conducted on the same day and he joined the duties on the same day. the enquiry authority has observed that filling up the vacancy ..... that without observing the 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 ..... enquiry authority further observed that abuse of power has always been treated as misconduct for the purpose of disciplinary proceedings and has relied upon a supreme court decision rendered in (2) m.h. devendrappa v. karanataka state small industries development corporation reported in air 1998 sc 1064. the respondents in their reply have submitted that memorandum was served upon the petitioner .....Tag this Judgment!
Court : Rajasthan
Decided on : May-22-2001
Reported in : 2002(2)WLN520
..... unconditionally released on the expiry of such particular term, including remissions and that is only for the purpose of working out the remissions that the said sentence is equated with definite period and not for any other purpose.' 46. consequently, the. murder reference made by the learned additional sessions judge is rejected. we find no merif in the appeal tiled by ..... to comprehend that police will implant such a huge amount to implicate the accused suraj. in absence of his explanation, there is a presumption against appellant suraj under section 114 of the evidence act. in mohan lal v. ajit singh (7), the fact of recovery of the unexplained possession of the incriminating article within six days was considered as 'quite a short ..... stains on the clothes of the driver viz; ramesh. there were also some injuries on his person. accordingly, the investigating officer arrested the appellant ramesh on the spot. he was medically examined and injury report ex. p.44 was prepared. the police seized and packed the other articles from the spot. during investigation, police made recovery of weapon of offence and ..... found the following piece of circumstances proved against the appellants: 4. ramesh : i. deceased nand kishore and mahendra kumar were last seen in the company of appellants ramesh and suraj; ii. the presence of blood stains on the black shoe of ramesh lying near the dead body and the jeep; iii. unexplained injuries on the person of appellant ramesh; iv. unexplained .....Tag this Judgment!
Court : Rajasthan
Decided on : Aug-03-2001
Reported in : RLW2003(3)Raj1620; 2002(5)WLC487; 2002(2)WLN333
..... never be bound by any rule but that is coming itself dictates the consciousness and prudent exercise pf the judgment. reasonable doubt is simply that degree of doubt which would permit a reasonable and just man to come to a conclusion. reasonableness of the doubt must be commensurate with the nature ..... abnormal circumstances on 8.3.1996 and, therefore, death of the deceased-wife occurred within seven years of marriage.21. hence, ingredient of point no. 2 of section 304b ipc is also well proved by the prosecution.points no. 3 and 4.22. since points no. 3 and 4 are inter-connected, they ..... .n. markande has to be seen.14. pw 15 dr. k.n. markande has stated in his statement that on 9.3.1996, a medical board consisting of three doctors was constituted for the purpose of making autopsy of the dead body of the deceased-wife and he has further stated that ..... trial, the prosecution in support of its case examined as many as 18 witnesses and got exhibited some documents. thereafter, statements of the accused appellants under section 313 cr.p.c. were recorded. in defence, 8 witnesses were produced by the accused appellants.after conclusion of trial, the learned special addl. sessions judge ..... pw 6 khemchand, dw 7 amritpalsingh and pw 8 pawan kumar, especially dw 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 .....Tag this Judgment!
Court : Rajasthan
Decided on : Mar-27-2001
Reported in : 131STC88(Raj); 2002(2)WLC106; 2001(3)WLN112
..... .....considering the long lapse of lime and the fact that there is no question of a clerical or arithmetical error, the aulhorilies ought not to have exercised jurisdiction under section 25(2) of the act which only empowers the authority to correct clerical or arithmetical mistake in any order or errors arising therein from any accidental slip or omission. under the guise of ..... the government deleted rule 5 (8) without any condition and without retaining the exemption granted to the respondents, the order would suffer from a very serious legal infirmity. section 149(2) of the act empowers the government to modify the recommendation of the corporation provided it does not involve any increase in the rate or rates of the levy or the extent thereof ..... . v. state of rajasthan and ors. (43), also considered the scope of withdrawal of exemption with retrospective effect and held as under:- 'from a bare perusal of section 4(2) of the rajasthan sales tax act, 1954, it would be evident that the state government has power to issue a notification in the official gazette to exempt from tax the sale or purchase ..... of exemption may result in denial of the exemption and thus the effect would be levy of tax on the transaction. this is not contemplated by the power conferred u/section 4(2) of the act. under section 4(2) of the act, therefore, the state govt. can issue the notification granting the exemption retrospectively with any condition it likes but the said .....Tag this Judgment!
Court : Rajasthan
Decided on : Mar-02-2001
Reported in : 2003ACJ1076; 2002(2)WLC48; 2001(2)WLN409
..... and reasonable to award rs. 1,20,000/- for loss of income.(21). the tribunal awarded rs. 15,451/- for treatment expenses, doctor's fee,' medical check up, conveyance and attendants expenses etc. it is also quite likely that the claimant must have also incurred some expenses towards his nourishment, conveyance etc. ..... and mental agony suffered by him were also claimed for a sum of rs. 3 lacs.(11). aw 3 dr. narpat raj bhandari who has medically examined him incompliance of the order of the tribunal dated 27.7.92 and issued a certificate ex. 3a. this witness made statement on oath ..... and 97 to 122. the appellants in support of their claim examined aw 1 tagaram an eye witness of the occurrence, aw2 dr. narpat raj bhandari, medical officer incharge of government nahata hospital, balolra, aw 3 peeraram and aw 4 dalu ram (father of the injured khemaram). the respondents did not lead ..... filed a claim petition through his father being natural guardian. soon afler the accident, he was taken to government nahata hospital, balotra where he was medically examined by the doctor who prepared the injury report (ex. 7a) and on being examined by the doctor, his general condition was noticed by the ..... ram is entitled for total compensation of rs. 2,50,000/-.(24). the tribunal has awarded a sum of rs. 5,549/- as consolidated interest for no cogent reasons. the interest is by statute section 110 cc (m.v. act 1939) corresponding to section 171 of mv act 1988 which provides where any claims tribunal allows a .....Tag this Judgment!
Court : Rajasthan
Decided on : Feb-28-2001
Reported in : 2001CriLJ2159
..... kanwar (pw17) had firstly seen om singh in the hospital and therefore the circumstance of the deceased in the last company and last seeing with the appellants being conclusive and definite stands proved in the prosecution evidence. the trial court further concluded that the death of deceased had taken place by sustaining injuries on his body and since the chances of ..... these circumstances, on that ground as well such a circumstance appearing in the evidence of doctor can sefely be utilised against the accused. having regard to the categorical and positive medical opinion as to the cause of death and nature of the injuries it stands established beyond doubt that the deceased had died a homicidal death. thus considering the nature, number ..... matter to which it relates and relieves the party of the duty of presenting evidence until his opponent has introduced proof to rebut the presumption. it raises such a high degree of probability in its favour that it must prevail unless clearly met and explained and overturned by explanatory proof to the satisfaction of the court. presumptions hold the field in ..... confession could not be said to be voluntary or truthful and hence had to be ignored.10. as regards presumption under section 114 of the evidence act, shri dalip singh cited decisions in (1) kishorilal v. chaltibai air 1959 sc 504, and (2) fatah gugan v. sardara, air 1958 punjab 333. in kishorilal v. state (supra) the adoption under hindu law was under .....Tag this Judgment!
Court : Rajasthan
Decided on : Mar-23-2001
Reported in : 2001CriLJ3672; 2002(5)WLC460; 2001(3)WLN153
..... police found the case against the accused respondent and arrested the accused respondent.during investigation, the accused respondent gave information under section 27 of the indian evidence act for the purpose of showing the place where the rape was committed on prosecutrix and in pursuance of that information, the ..... bound by any rule but that is coming itself dictates the consciousness and prudent exercise of the judgment. reasonable doubt is simply that degree of doubt which would permit a reasonable and just man to come to a conclusion. reasonableness of the doubt must be commensurate with ..... substantive piece of evidence and can only be used to corroborate the statement of the maker under section 157 of the evidence act or to contradict it under section 145 of the evidence act. it can by no means be utilised for contradicting or discrediting the other witnesses who obviously could ..... be reliable witness and her statement that accused respondent committed rape on her appears to be trustworthy and the same is corroborated by the medical evidence. there is no ground to disbelieve her statement.(28). for the reasons stated above, the learned sessions judge, bhilwara has committed error ..... have believed the statement of pw1 manju, prosecutrix as her statement gets corroboration from medical evidence and she has clearly stated in his statement recorded in court that she was raped by the accused respondent. 2. that because of discrepancies, which have occurred in the report ex.p/7, .....Tag this Judgment!