Court : Rajasthan Jodhpur
..... is employed in such a centre, laboratory or clinic and renders his professional or technical services to or at such a centre, laboratory or clinic, whether on an honorary basis or otherwise, and who contravences any of the provisions of this act or rules made thereunder shall be punishable with imprisonment for a term which may extend to three years and with fine which may extend to ten thousand rupees and on any subsequent conviction, with imprisonment which ..... the next argument of the petitioners that the complaints against them have not been filed by the appropriate authority or by the authorized person is without any merit because in every complaint, the person, who has submitted the complaint has clearly ..... so far as the contention of the 31 petitioners that non-reaching of form-f to the appropriate authority before the fifth day of the month cannot be termed as a contravention of sub-rule (8) of rule 9 is concerned, the same is also liable to be rejected in view of the decision of coordinate bench ..... specific penalty has been provided for certain class of persons, who are referred in section 23 on contravention of any provision of the pcpndt act and the rules made thereunder, whereas no penalty has been provided for others, if they do the same and section 25 is there to ..... constitution of 'appropriate authority' under section 17 is clearly meant to ensure proper and vigorous implementation of the act; and it is expressly prescribed as one of its functions to take legal action .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... is employed in such a centre, laboratory or clinic and renders his professional or technical services to or at such a centre, laboratory or clinic, whether on an honorary basis or otherwise, and who contravences any of the provisions of this act or rules made thereunder shall be punishable with imprisonment for a term which may extend to three years and with fine which may extend to ten thousand rupees and on any subsequent conviction, with imprisonment which ..... the next argument of the petitioners that the complaints against them have not been filed by the appropriate authority or by the authorized person is without any merit because in every complaint, the person, who has submitted the complaint has clearly ..... so far as the contention of the 31 petitioners that non-reaching of form-f to the appropriate authority before the fifth day of the month cannot be termed as a contravention of sub-rule (8) of rule 9 is concerned, the same is also liable to be rejected in view of the decision of coordinate bench ..... specific penalty has been provided for certain class of persons, who are referred in section 23 on contravention of any provision of the pcpndt act and the rules made thereunder, whereas no penalty has been provided for others, if they do the same and section 25 is there to ..... constitution of 'appropriate authority' under section 17 is clearly meant to ensure proper and vigorous implementation of the act; and it is expressly prescribed as one of its functions to take legal action .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... is employed in such a centre, laboratory or clinic and renders his professional or technical services to or at such a centre, laboratory or clinic, whether on an honorary basis or otherwise, and who contravences any of the provisions of this act or rules made thereunder shall be punishable with imprisonment for a term which may extend to three years and with fine which may extend to ten thousand rupees and on any subsequent conviction, with imprisonment which ..... the next argument of the petitioners that the complaints against them have not been filed by the appropriate authority or by the authorized person is without any merit because in every complaint, the person, who has submitted the complaint has clearly ..... so far as the contention of the 31 petitioners that non-reaching of form-f to the appropriate authority before the fifth day of the month cannot be termed as a contravention of sub-rule (8) of rule 9 is concerned, the same is also liable to be rejected in view of the decision of coordinate bench ..... specific penalty has been provided for certain class of persons, who are referred in section 23 on contravention of any provision of the pcpndt act and the rules made thereunder, whereas no penalty has been provided for others, if they do the same and section 25 is there to ..... constitution of 'appropriate authority' under section 17 is clearly meant to ensure proper and vigorous implementation of the act; and it is expressly prescribed as one of its functions to take legal action .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... also pertinent to notice that as per sub-section (10) of section 11 of the act of 1996, the chief justice may make such scheme as he may deem appropriate for dealing with the matters entrusted by sub-section (4) or sub-section (5) or ..... sub-section (10) the chief justice may make such scheme as he may deem appropriate for dealing with matters entrusted by sub-section (4) or sub-section (5) or sub ..... at this point it shall also be appropriate to refer sub-section (10) of section 11 of the act of 1996 that empowers the chief justice to make the scheme for dealing with the ..... these matters is that by an award dated 31.3.2011 the sole arbitrator partly allowed claim of the contractor m/s anand bhatiya (hereinafter referred to as 'the respondent').an application, as per provisions of section 34 of the act of 1996 was filed by the union of india (hereinafter referred to as 'the appellant') to set aside the arbitral award aforesaid. ..... court held that neither the chief justice nor his designate under section 11(6) is a 'court' as contemplated under section 2 (1)(e) of the act of 1996, thus, no need is there to place an application for appointment of arbitrator before a bench consisting of two judges. ..... code of civil procedure with assertion that the sole arbitrator in the matter was appointed by the person designated by the chief justice, therefore, in view of the provisions of section 42 of the act of 1996 the application under section 34 could have been preferred before the high court only. .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... also pertinent to notice that as per sub-section (10) of section 11 of the act of 1996, the chief justice may make such scheme as he may deem appropriate for dealing with the matters entrusted by sub-section (4) or sub-section (5) or ..... sub-section (10) the chief justice may make such scheme as he may deem appropriate for dealing with matters entrusted by sub-section (4) or sub-section (5) or sub ..... at this point it shall also be appropriate to refer sub-section (10) of section 11 of the act of 1996 that empowers the chief justice to make the scheme for dealing with the ..... these matters is that by an award dated 31.3.2011 the sole arbitrator partly allowed claim of the contractor m/s anand bhatiya (hereinafter referred to as 'the respondent').an application, as per provisions of section 34 of the act of 1996 was filed by the union of india (hereinafter referred to as 'the appellant') to set aside the arbitral award aforesaid. ..... court held that neither the chief justice nor his designate under section 11(6) is a 'court' as contemplated under section 2 (1)(e) of the act of 1996, thus, no need is there to place an application for appointment of arbitrator before a bench consisting of two judges. ..... code of civil procedure with assertion that the sole arbitrator in the matter was appointed by the person designated by the chief justice, therefore, in view of the provisions of section 42 of the act of 1996 the application under section 34 could have been preferred before the high court only. .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... also pertinent to notice that as per sub-section (10) of section 11 of the act of 1996, the chief justice may make such scheme as he may deem appropriate for dealing with the matters entrusted by sub-section (4) or sub-section (5) or ..... sub-section (10) the chief justice may make such scheme as he may deem appropriate for dealing with matters entrusted by sub-section (4) or sub-section (5) or sub ..... at this point it shall also be appropriate to refer sub-section (10) of section 11 of the act of 1996 that empowers the chief justice to make the scheme for dealing with the ..... these matters is that by an award dated 31.3.2011 the sole arbitrator partly allowed claim of the contractor m/s anand bhatiya (hereinafter referred to as 'the respondent').an application, as per provisions of section 34 of the act of 1996 was filed by the union of india (hereinafter referred to as 'the appellant') to set aside the arbitral award aforesaid. ..... court held that neither the chief justice nor his designate under section 11(6) is a 'court' as contemplated under section 2 (1)(e) of the act of 1996, thus, no need is there to place an application for appointment of arbitrator before a bench consisting of two judges. ..... code of civil procedure with assertion that the sole arbitrator in the matter was appointed by the person designated by the chief justice, therefore, in view of the provisions of section 42 of the act of 1996 the application under section 34 could have been preferred before the high court only. .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... ad measuring 2 91 bigha 16 biswa was recorded in the name of their father harkaran ram and was their parental land; harkaran ram expired in samwat 2029 intestate and in terms of section 8 of the hindu succession act, 1956 ('the act').the plaintiffs (daughters).sons and the widow are his successors.at the time of father's death, their mother was alive, however, she has also expired. ..... 142, while considering the provisions of section 242 of the act dealt with the procedure to be followed in the suit containing two reliefs, one triable by civil court and other by the revenue court and opined that as one of the relief relates to the tenancy 13 right, the civil court will have to frame an issue on the plea and submit the record to the appropriate revenue court for decision of that issue only and it ..... plaintiff or 11 her deceased-husband is not a recorded khatedar of the land in dispute, in my view, unless a revenue court by way of a revenue suit declares under section 88 of the act that the deceased-husband of the plaintiff and after his death the plaintiff has share or any other share and thus, is a co-tenant alongwith defendant-shri bhola in the land in dispute, the civil ..... an important provision contained in the act i.e.section 242 has to be noticed which mandates that even before the civil court, if the issue pertaining to the tenancy rights if raised / arises, the civil court after framing an issue is required to submit the same to the appropriate revenue court for decision of that .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... so far as the argument with regard to the fresh proceedings initiated at the instance of the petitioner is concerned, suffice to mention that once the appropriate government refused to refer an industrial dispute for its adjudication, no reason exists for undertaking fresh exercise of conciliation and negotiations proceedings. ..... being aggrieved of the same and also by the decision of the appropriate government under the letter dated 29.1.1996 this petition for writ is preferred. ..... be that as it may, the appropriate government refused to make reference much back in the year 1996 and that is questioned by this petition for writ in the year 2012. ..... even otherwise too the question of delay could have not been examined by the appropriate government. ..... the appropriate government vide order dated 29.1.1996 refused to refer the dispute for its adjudication being raised at a belated stage without any justifiable reason. ..... by learned counsel for the petitioner that under the order (annex.6), the desk officer, ministry of labour erroneously refused for making reference of the industrial dispute in view of the fact that the industrial disputes act, 1947 no where prescribes limitation for raising an industrial dispute. ..... true it is, industrial disputes act nowhere prescribes any limitation for raising an industrial dispute, but if an industrial dispute suffers from inordinate delay, then there should be some 3 justifiable reason. .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... complaints with respect to matters relating to (a) deprivation of rights of persons with disabilities; (b) non-implementation of laws, rules, bye-laws, regulations, executive orders.guidelines or instructions made or issued by the appropriate governments and the local authorities for the welfare and protection of rights of persons with disabilities, and take up the matter with the ..... coming to the question about the ambit and scope of the powers of the commissioner, appropriate it would be to take note of the relevant provisions of the act of 1995, while keeping in view the objects and reasons of the enactment, which are, inter alia, to spell out the responsibility of the state towards the prevention of disabilities, protection of ..... was not made aware about the rights under section 47 of the act to continue in service in the appropriate manner; and was made to seek voluntary retirement, contrary to his ..... provisions of sections 47 and 62 of the act, when read together, empower the commissioner, to look into the complaint with respect to the matters relating to deprivation of rights of persons with disabilities and non-implementation of laws, rules, bye- laws, regulations, executive orders.guidelines or instructions issued by the appropriate governments or local authorities and to take up the matter with the appropriate authorities for the welfare and protection of rights ..... observed that an appropriate post might be created for her as per section 47 of the act while treating her .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... advocate, has argued that there is no semblance of proof that the respondents have willfully or deliberately disobeyed or circumvented the order passed by this court warranting action against them under the contempt of courts act, 1971 (for short, 'act of 1971').pointing out directions issued by this court, mr.singhvi would urge that the direction was to decide the representation and after decision of the representation, it is not permissible to examine the ..... rejection of the representation of the petitioner has furnished a fresh cause of action to the petitioners for which they can seek redressal from appropriate forum and the same cannot be made subject matter of judicial review in contempt proceedings. ..... down by the managing director of rsmm limited, udaipur vide order dated 26th of february 2013 but while passing the said order grievances of the petitioners have not been considered appropriately, and therefore, the respondents are guilty of committing contempt of this court. mr. ..... in such a proceedings, it is not appropriate to adjudicate or decide any issue relating to the merits of the ..... once there is an order passed by the government on the basis of the directions issued by the court, there arises a fresh cause of action to seek redressal in an appropriate forum. ..... & ors.versus chunilal nanda and others [(2006) 5 scc399 and the hon ble apex court has held that in a proceeding for contempt, the high court can decide whether any contempt of court was committed, and if so what should .....
Tag this Judgment!