Court : Rajasthan Jodhpur
..... the anti-hijacking act, 1982 (65 of 1982); ..... of the discussion made above, it becomes clear that remand as well as extension of period of investigation by the magistrate upto 90 days was as per section 167 crpc read with section 43d uap act and further extension of period of investigation by the sessions court was as per section 43d of the uap act thus there is no illegality in the orders passed by the courts below in rejecting the pleas taken by the learned counsel for the petitioners. ..... (a) that the arms or explosives or any other substances specified in the said section were recovered from the possession of the accused and there is reason to believe that such arms or explosives or other substances of a similar nature were used in the commission of such offence; or (b) that by the evidence of the expert the finger-prints of the accused or any other definitive evidence suggesting the involvement of the accused in the offence were found at the site ..... when the definition of the 'scheduled offence' makes the things clear and the schedule appended to the act discloses which are scheduled offences, a further declaration for it by the central government would virtually make section 2 (1) (f) and (g) to be redundant ..... section 2(g) of the nia act clarifies as to what would be scheduled offence and, according to the definition of the scheduled offence , it would be those offences given in ..... in the light of the definition quoted above so as the schedule, section 6(3) has to be given .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... possession of the assigned & allotted plot of land or in the alternative to allot and handover alternative plot of land of same size in the same locality, at the same price and also to pay compensation and damages.24.section 67 of the jodhpur development authority act, 2009clearly provides for removal of encroachment on the public land and makes it a cognizable offence, punishable with not less than one month and upto two years of imprisonment and fine which may ..... judgment dt: 11/10/201117/53also `goods' as defined under section 2(i) of the act of 1986 which refers to the definition of sale of goods act and since jda deals with the said plot of land as goods sold in the trade or its `stock' of land bank, therefore, the petitioner jda is not only a `service provider' which is a widely defined term under section 2(o) of the act but it can also be construed to be `trader' dealing with `goods' and on account of defective `goods' or `defect in services', the district forum ..... (ii)that neither the complainant is a `consumer' as definedin section 2(d) of the act nor the petitioner jda is a `trader' or `service provider' as defined under section 2(q) of the act, nor any service has been provided to the complainant as defined under section 2(o) of the act and, therefore, the complaint filed under section 12 of the consumer protection act was not maintainable and this issue having not been decided by the state commission, this court in the present writ petitions can decide these questions .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... under section 2(o) of the act, it was submitted that the definition is not exhausted and the allotment of plot is, therefore, clearly included within the definition of service and consequently, the plea raised by the appellants 9 regarding lack of jurisdiction has no basis. ..... anil bhandari that the forum did not consider the issue of limitation in terms of section 24a of the act and the complaints were ex-facie barred by limitation and therefore, deserved to be dismissed on this count also. ..... , the same has been specifically covered under the definition of 'service' by an amendment inserted by act 50 of 1993 with effect from 18th june, 1993. ..... it was submitted that against the order of the state commission, a revision under section 21 of the act is provided before the national commission and the appellants without availing the said remedy have invoked the jurisdiction of this court under article 226 of the constitution of india, which writ petitions were liable to be ..... the respondents-complainants had approached the district forum by way of complaint under section 12 of the consumer 3 protection act, 1986 ('the act') against the then urban improvement trust ('uit'). ..... the jurisdiction of the district consumer forum under section 11 of the act is to entertain a complaint and as seen above, complaint is defined in a particular manner, and primarily it is with respect to the deficiency in making available the goods and services. .....
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..... no action thereupon was taken, hence this application as per provisions of section 11(6) of the arbitration and conciliation act, 1996 is preferred. .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... reference made by the district judge, sri ganganagar, on acquiring the knowledge of serious and scandalous allegations made by the respondents, against shri palvindra singh, a judicial magistrate , in the transfer petition to transfer the cases under section 138 of the negotiable instruments act, after he has dismissed a criminal complaint filed in his court, on the allegations of fraud in obtaining the subject cheques from him by his advocates to settle some loan claims by the bank. ..... this contempt petition was registered on a reference made by shri umesh kumar sharma, district & sessions judge, sri ganganagar vide his letter no.161/sr.pa dated 15.5.2009 under section 15 of the contempt of courts act, 1971, alleging contemptuous and scandalous allegations made in his court by the contemners shri prem sagar sharma s/o shri satya swami, resident of 22, public park, sri ganganagar, aided and abetted by shri krishan ..... complaint to the higher officers of the bank, on which the bank officers initiated proceedings against the complainant and his brother shri prem sagar sharma under section 13(2) of the sarfaesi act by giving a notice on 12.8.2005 and in which they have also stated that they will take possession of the building. ..... brief facts giving rise to this petition are that a criminal case under section 138 of the negotiable instrument act was registered against the contemner no.1 shri prem sagar sharma as a criminal complaint no.501/07 krishan lal kasania v/s prem sagar sharma, .....
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..... ) affirming the judgment dated 14.12.1995 passed by the learned civil judge (jd) cum judicial magistrate, mavli in criminal case no.528/1992 whereby the petitioner was {2} convicted for the offence under section 16/54 of the rajasthan excise act and was sentenced for a period of six months with fine of rs.500/- in default whereof to further undergo 15 days' simple imprisonment. ..... counsel for the parties, the learned trial court convicted the petitioner for the offence under section 16/54 of the rajasthan excise act and was sentenced as above vide judgment and order dated 14.12.1995. ..... on receiving this information, the excise inspector, proceeded under section 47 of the rajasthan excise act and searched the residence with constable badhavlal and other police party with motbirs shiv ..... it was also submitted that {5} under the provisions of section 16/54 of the rajasthan excise act, minimum sentence has been prescribed and the court cannot reduce ..... ) was sent for chemical examination and upon receipt of report (ex.p/4) and after completion of investigation, charge-sheet under section 16/54 of the rajasthan excise act was filed before the learned court {3} below. ..... case, the offence for which the petitioner was convicted lies within the domain of anti- social offences against the society at large and, therefore, cannot be lightly viewed ..... the object of prescribing minimum sentence for the offence under section 54(d).which has been found proved against the petitioner in the present case, is not .....
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..... the factors laid down inter alia are: (1) the sale must be a genuine transaction, that (2) the sale deed must have been executed at the time proximate to the date of issue of notification under section 4 of the act, that (3) the land covered by the sale must be in the vicinity of the acquired land, that (4) the land covered by the sales must be similar to the acquired land and that (5) the size of plot of ..... lord romer emphasised that the land was essential for antimalarial works and the authority needed the land for the purpose, and based his decision on the principles contained in section 23 of the act and took assistance of certain english and scottish cases but did not refer to a single case decided earlier in india or by the privy council itself, although quite a few were cited ..... kothari for the appellant mr.akhilesh rajpurohit and mr.vinit sanadhya for the respondent no.2 nhai reportable by the court: appellant, a company duly registered under the companies act, 1956 has laid this appeal under section 37 of the arbitration and conciliation act, 1996 (for short 'the act of 1996') to assail the impugned order dated 05.02.2011 passed by the learned additional district judge no.3, udaipur (for short 'the learned court below') as well ..... also been held in the said decision that it is difficult to give an exact definition of the word `reasonable'. ..... far back as in 1982, this court in ..... apparent that a deduction of up to 53% was the norm laid down by the court as far back as in 1982. .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... briefly stated, facts of the case are that the applicant m/s.ranu ketan & company firm registered under the indian partnership act, 1932 entered into a contract with the respondents for laying of of cable and associated work in section of dep (rural).sr.ganganagar and dep (external).sr.ganganagar .the work awarded commenced on 28.2.2009 and as per the applicant, the same was completed within the period prescribed by the respondents. ..... - the applicant none present for the respondent (s) ..by the court : this application is preferred for appointment of arbitrator as per provisions of section 11(6) of the arbitration and conciliation act, 1996. .....
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..... in this public interest litigation, the petitioners have prayed for following reliefs:- (i) the pil application may kindly be allowed and; (ii) that an appropriate writ, direction and order may be issued against the respondents to act upon the recommendation of public grievances redressal committee vide annexure-5 dated 8.12.2010 and ensure access from ganganagar-hanumangarh road to ganganagar-suratgarh road (national highway15) through inter-connecting road in front of jagdamba andh ..... the authorised officer of the uit had thereafter issued a notice under section 90-b of the rajasthan land revenue act to original khatedars.this case was decided by the authority vide its order dated 11.9.2000. ..... versus state government & ors.date of order ::: 28.08.2014 present hon'ble the acting chief justice mr.sunil ambwani hon ble mr.justice vijay bishnoi mr.om prakash bhadu, petitioner no.1 present in person none present for respondents _____ by the court: we have heard the petitioner no.1 appearing in person. ..... (sunil ambwani).acting cj. .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... the government of india, exercising powers conferred upon it by section 17a of the general insurance business (nationalisation) act, 1972, issued a notification dated 28.6.1995 and made the pension scheme applicable to the employees of the general insurance industry. ..... the petitioner also submitted an application to the authorities under the rti act seeking information as to whether an employee was allowed to change the pension option which he had submitted under the scheme of 1995. .....
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