Court : Rajasthan
Reported in : AIR2001Raj115; 2002(1)WLN485
..... under the rule of law, such things should not happen. in any event, the statutory authorities like the state transport authority and regional transport authority should not act beyond the parameters laid down by law after pronouncement of law in this regard in jamidara's case. it was, therefore, not open for the respondents to entertain ..... be granted under the inter-state agreement. this matter was considered by the supreme court also in the case of ashwani kumar v. rta, bikaner, reported in air 1999 sc 3888, wherein view taken by this court has been confirmed.5. that thereafter in many cases, the regional transport authorities started considering the applications for ..... the agreement and it is also stipulated that all the previous stage carriage permits, which are countersigned by either states before coming into force of the said agreement, shall remain in force till the term up to which they are issued with valid permits and the permit holder shall also have the right to seek renewal .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1980Raj22
..... and the final decree, the court should take note of such events. reliance in this connection is placed on the following observations in sm. billabasini datta v. dulal chandra dutta, air 1958 cal 472:'though the rights are crystallised and are conclusively determined by the preliminary decree, see section 2 sub-section (2) civil p. c., lachminarain v. bal mukund, 51 ..... final decree is passed and there is no time-limit for recording the agreement arrived at as there is under order 21 rule 2. in venkata reddy v. pethi reddy, air 1963 sc 992, it was observed that a preliminary decree passed, whether it is in a mortgage suit or a partition suit, is not a tentative decree but must, in ..... of 1959), the state govt. hereby directs that the provisions of chaps. v, vi, vii, viii and ix of the said act shall come into force on the 1st day of july, 1962, and shall apply therefrom to all public frusts throughout the state of rajasthan whose gross annual income from all sources whatsoever is not .....
Tag this Judgment!Court : Rajasthan
Reported in : 1994CriLJ3649; 1994(2)WLN390
..... the act simply bars the jurisdiction of civil courts to entertain any suit or proceeding in respect of any matter ..... among other thing, include the preservation of the quality of air and control of air pollution. hence this act has also been enacted to implement the aforesaid decisions in so far as they related to the preservation of the quality of air and control of air pollution. this act has come into force w.e.f. 16th may, 1981. section 46 of ..... which an appellate authority constituted under this act is empowered by or under this act to determine. this bar of jurisdiction does .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1980Raj207; 1980()WLN288
..... when there is a definite matter of public importance. a division bench of this court, in kanhaiyalal v. the university of rajasthan, 1965 raj lw 53: (air 1965 raj 84) held that in order to maintain a writ for grant of mandamus, the petitioner must show that there exists a right in him to compel ..... seeks for the appointment of commission of inquiry is undoubtedly a matter of public importance. their lordships of the supreme court, in ramkrishna dalmia v. justice tendolkar, air 1958 sc 538, ruled as under,--''......we see no warrant for the proposition that a definite matter of public importance must necessarily mean only some matter involving the ..... , the contention of the learned counsel that discretion vested in the appropriate government under section 3 of the act has not been exercised and, therefore, the petitioner has a right to maintain the writ petition, is devoid of force.5. learned counsel for the petitioner next argued that fundamental duties have been enumerated in article 51a of .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1960Raj16
..... cannot change the nature of the order. as held by their lordships of the supreme court in harish chandra bajpai v. triloki singh. (s) air 1957 sc 444, the provisions of chapter iii of the act, read as a whole, clearly show that 'trial' is used as meaning the entire proceedings before the tribunal from the time when the petition ..... recording evidence on all the points in dispute or after dealing with certain points of law sufficient for the disposal of the petition. the preliminary objection therefore, has 110 force we can only note that the view t, ken by the patna high court may be contrary to what has been held by this court, but with great ..... the respondent, but do not amount to an allegation of corrupt practice against shri seth sobhag mal lodha. it may be pointed out that in the representation of the people act, 1951 before amendment there were two classes of corrupt practices--(1) major corrupt practices, (sec. 123) (2) minor corrupt practices, (sec. 124) with respect to 'bribery', the .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1991Raj121; 1990(1)WLN437
..... section 125 clearly contemplates proceedings in which appeal lies to the tribunal meaning thereby proceedings commenced under chapter ix. thus we do not find any force in the submission of the learned counsel for the respondent that the tribunal had no jurisdiction to entertain the preliminary objection regarding maintainability of the reference ..... society;chapter ix settlement of disputes'section 75 disputes which may be referred to arbitration:-- (1) notwithstanding anything contained in any law for the time being in force, if any dispute touching the constitution, management, or the business of a cooperative society arises --(a) among members, past members and persons claiming through members, ..... the supreme court in the gujarat state cooperative land development bank ltd. v. p.r. mankad, air 1979 sc 1203 : (1979 lab ic 592) expressing that section 75 of the gujarat co-operative societies act was not brought to the notice of their lordships of the supreme court which section fell under the .....
Tag this Judgment!Court : Rajasthan
Reported in : 1978(11)WLN435
..... article 226 and section 491, criminal procedure code, 1898. on behalf of the petitioner it was contended that there was a violation of rule 15 of the air force rules, 1950, which provided for a sort of preliminary investigation by the commanding officer with a view to ascertain whether prima facie case exist to justify detention ..... substance of the requirements is there.it has to be remembered that this order was made under the preventive detention act, 1950 and therefore had to confirm to its terms section 3 of the act provides that the 'state government' may, if satisfied,make an order directing that such person be detained.it is ..... order itself. it is reproduced below:warrant for confirming findings and sentences of the general security force under the border security force act.tothe inspector general,border security force,jodhpur (rajasthan).in pursuance of the provisions of the border security force act, 1958 (47 of 1968), the central government is pleased to hereby empower you, or the .....
Tag this Judgment!Court : Rajasthan
Reported in : 1980WLN(UC)379
..... that this chapter, and the rules and orders made there-under shall have effect notwithstanding anything inconsistent therewith contained in chapter iv of the act or any other law for the time being in force or any instruments having effect by vi(sic)ture of any such law.10. then comes 68 c that mentions four fold points of ..... the state of andhra pradesh and ors.: : [1964]6scr330 (para 35 to 37) and the gauhati high court in premadhar barua and ors. v. state of assam and ors.: air 1970 assam page 1, has further dealt which on this aspect of the matter. mr. munshi confronted with the above submission placed strong reliance upon the judgment of the supreme ..... since the matter relating to the nationalisation of the above bus road transport relates back to as early as motilal's case of allahabad high court of fifty's air 1951 allahabad 257 which ultimately led to the constitutional first amendment of 1951, i would first like to consider the scope of judicial review under article 226 of the .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1995Raj50
..... misleading any person as to the true purport of the allegation, it would be substantial compliance of the provisions of section 81(3) of the act.'the court further held that (air 1984 sc 305, para 15):--'a true copy means a copy which is wholly and substantially the same as the original and where there are ..... the petitioner in depositing the amount of security for the cost. the conten-tion, raised by the learned counsel for the respondent, is, therefore, devoid of any force.12. the next preliminary objection, raised by the learned counsel for the respondent is that the facts necessary to formulate a, complete cause of action are missing and ..... for the election petitioner to disclose the source of the information. the contention, raised by the learned counsel for the respon-dent, is, therefore, devoid of any force.8. the next preliminary objection, raised by the learned counsel for the respondent, is that proper verification of the documents has not been made and the documents .annexure .....
Tag this Judgment!Court : Rajasthan
Reported in : I(2001)ACC81; 2002ACJ863; 2000(2)WLC471
..... are rejected.6. the main submission of the learned counsel for the appellant is that the provisions of section 140 of the motor vehicles act, 1988 as amended by act no. 54 of 1994, which came into force on 14.11.94, do not have any retrospective effect and, therefore, the enhanced compensation of rs. 50,000 under sub-section ..... of this court lay down the law that the victims of accidents which took place before the date on which the amending act came into force, would not be entitled to enhanced compensation payable under the amended act.7. i do not find any sufficient reason to take different view. therefore, the appeal deserves to be allowed.8. ..... accidents claims tribunal under any provision of chapter 10, from judicial scrutiny in appeal. i, therefore, do not find any force in this submission that the object behind section 144 of the motor vehicles act, 1988 is to prohibit appeals against the orders passed by the motor accidents claims tribunal under section 140 or any other provision .....
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