Rajasthan Jaipur Court October 2010 Judgments
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M/S Alpha (India ) and ors. Vs. Union of India and ors.
Court: Rajasthan Jaipur
Decided on: Oct-29-2010
1. Since on same set of facts, similar issues have been raised, all these writ petitions are decided by this common order. For the purpose of appreciating arguments of all the parties, we have taken D.B. Civil Writ Petition No.4333/2010 - 21st Century Entertainment Pvt. Ltd. Versus Union of India and others as leading writ petition with the consent of all the learned counsel for the parties.2. The aforesaid writ petition has been filed with the following prayers:-(i) The section 11(4) and section 11(B) of the Securities & Exchange Board of India Act, 1992 (for short 'the SEBI Act') be declared invalid and ultra vires to the Constitution of India.(ii) The impugned order dated 8.3.2010 passed by the respondent No.2 being illegal and arbitrary be quashed and set aside.(iii) This Hon'ble Court may be pleased to issue a writ of certiorari or in the nature of certiorari or any other appropriate writ, order or direction calling for the records and papers pertaining to the impugned order and i...
Vijay Singh and ors. Vs. the State of Rajasthan.
Court: Rajasthan Jaipur
Decided on: Oct-28-2010
1. Aggrieved by the judgment dated 12.05.1987 passed by the learned Additional Sessions Judge No.1, Bharatpur, whereby he has convicted and sentenced the accused-appellants for offences under Sections 307, 307 read with Section 34 IPC, the appellants have challenged the same before this Court. The conviction and sentence of the appellants are as under : Accused-appellants, Vijay Singh and Rajveer, were convicted under Section 307 read with Section 34 IPC and sentenced to 2 years of R.I. and were imposed with a fine of Rs.500/-, and in default thereof to further undergo a term of 3 months of R.I. Accused-appellant, Pratap, was convicted under Section 307 IPC and sentenced to 2 years of R.I. and was imposed with a fine of Rs.500/-, in default thereof to further undergo a term of 3 months of R.I. In brief, the facts of the case are that according to the prosecution, on 19.09.1984, Ram Gopal (PW-2) lodged a written report at Police Station Sewar, wherein he claimed that the complainant and...
Commercial Taxes Officer, Baran. Vs. M/S Onkarmal Shyam Lal.
Court: Rajasthan Jaipur
Decided on: Oct-21-2010
1. Heard the learned counsel for petitioner.2. This revision petition under Section 86 of the Rajasthan Sales Tax Act, 1994 (for short 'the Act of 1994') is directed against the impugned judgment dated 16.12.2005 passed by the Rajasthan Tax Board, Ajmer in Appeal No.173/2005/Baran, whereby the appeal of petitioner was dismissed.3. Briefly stated the facts of the revision petition are that on 30.06.1999 vehicle No. HR-46/A-0179 was checked by the authorized officer. The vehicle driver and in charge of the goods produced the documents and it was found that Form 18(C) was necessary to be accompanied with the goods in question, but it was not accompanied therefore not produced. A notice to show cause was given to vehicle driver under Section 78(2) read with Rule 53. In response to the show cause notice, owner of the goods/respondent appeared and filed its reply, wherein it was stated that due to inadvertence the Declaration Form 18(C) could not be sent along with the goods.4. The Assessing...
Smt Geeta Devi. Vs. J D a and ors.
Court: Rajasthan Jaipur
Decided on: Oct-20-2010
1. Instant petition is directed against judgment dt.02/03/2009 (Ann.16) whereby the Jaipur Development Authority Appellate Tribunal dismissed appeal (No.121/2008) preferred by petitioner against notice served U/s 72 of Jaipur Development Authority Act, 1982 (JDA Act).2. As alleged, petitioner purchased a plot No.33 (measuring 235 sq. yards), in Tagore Nagar Extension, Heerapura, Jaipur from Shri Mahaveer Swami Grah Nirman Sahkari Samiti Ltd (respondent-4) on 01/04/1990 and on possession being handed over, construction was raised way back in November, 1990 and since then she is residing and in possession of the said plot. Initially a notice dt.28/09/1991 U/s 32 of JDA Act was served upon her - against which a Reference was filed before the JDA Appellate Tribunal; and at that time, petitioner along with her husband went to the Officer of JDA and apprised of the factual position of the plot in question pursuant to notice (supra) and since the JDA has not taken steps thereafter and in the ...
Ramdhan. Vs. Raj. State Cooperative Tribunal, Jaipur and ors.
Court: Rajasthan Jaipur
Decided on: Oct-18-2010
1. Instant petition has been filed by the petitioner who as alleged to be a member of the cooperative society-respondent-2 and his application to make his wife as nominee-member of the society being finally declined by the State Cooperative Tribunal vide order impugned dt.19.8.2010 has approached this Court by filing instant petition. As alleged in the writ petition, the petitioner became member of cooperative society-respondent-2 vide letter dt.23.2.1963 and he deposited requisite fees including share capital & admission fee while becoming member of the society. 2. For the first time on 28.05.08 he filed application that because of his old age his wife may be made his nominee- member of the society and when that was declined and not accepted by the society the matter came up before the Deputy Registrar (Housing)-cum-Arbitrator who after taking into consideration the material on record observed that since there is no application placed on record about his resignation being submitted, i...
Dr (Miss) Aditi Mittal. Vs. Dr Subham Joshi and ors.
Court: Rajasthan Jaipur
Decided on: Oct-05-2010
This appeal is directed against judgment of learned Single Judge dated 09.09.2010 whereby writ petition, filed by respondent no.1/writ-petitioner Dr. Shubham Joshi, has been allowed by issuance of writ of mandamus cancelling admission granted to appellant Dr. Aditi Mittal in post graduation study course in M.D. (General Medicine) at SMS Medical College, Jaipur; and directing respondents No.2 to 4 to grant admission to respondent Dr. Shubham Joshi in PG course in M.D. (General Medicine) at S.M.S. Medical College, Jaipur and, in vacancy caused by his admission at Jaipur, appellant Dr. Aditi Mittal, who was initially given admission at Jaipur, was ordered to be admitted in the same study course in RNT Medical College, Udaipur. Factual matrix of case is that both, appellant Dr. (Miss) Aditi Mittal and respondent no.1 Dr. Shubham Joshi, appeared in Rajasthan Pre PG Written Entrance Examination 2010; while appellant secured merit position no.21, respondent no.1 secured merit position no.22. ...
M/S.Tarachem Laboratories. Vs. the Presiding Officer and anr.
Court: Rajasthan Jaipur
Decided on: Oct-05-2010
1. Dispute involved in these three writ petitions is between common parties, namely, management of M/s Tarachem Laboratories, Jaipur and workman S.K. Nagesh and, therefore, they were all clubbed and heard together and are being decided by this common order.2. Genesis of dispute lies in the initiation of proceedings before Labour Court, Jaipur by Notification dated 28.02.1979 making thereby reference of an industrial dispute as to validity of removal of workman S.K. Nagesh. M/s Tarachem Laboratories (for short, 'the management') in Writ Petition No.605/1996 has challenged order of Labour Court, Jaipur, dated 13.08.1984 by which Shri S.K. Nagesh was held to be 'workman' within meaning of Section 2(s) of the Industrial Disputes Act, 1947 (for short, 'the ID Act'). Also under challenge in this writ petition is final award passed by Labour Court, Jaipur, dated 24.01.1995 declaring retrenchment of workman S.K. Nagesh to be illegal and holding him entitled to reinstatement with continuity of ...
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