Court : Rajasthan Jodhpur
..... ex.r/1 and r/2, learned counsel for the respondents has submitted that the energy department, government of rajasthan, jaipur by issuing notification dated 28th march 2004 under section 164 of the act of 2003 as well as powers of telegraph authority under the act of 1885 has authorized the chief engineer, rrvpnl to erect electric lines/electric plants for the transmission of electricity or for the purpose of telephonic or telegraphic communications necessary for ..... available on record and on examining true purport of section 164 of the act of 2003 and section 10 of the act of 1885, in my considered opinion, the objection of the petitioners against installation/erection of towers on their respective agricultural lands without initiation of appropriate land acquisition proceedings and payment of adequate compensation is per-se misplaced. ..... where the transmission line is to be drawn obstructs or resists laying down of a line, it is open both for the owner as well as to the authority to approach the district magistrate for appropriate orders and the district magistrate in his discretion may permit the laying of the line or refuse such permission. 3. ..... questioning the action of the [5].respondents, the petitioners have averred in the petition that without initiating appropriate acquisition proceedings vis- -vis the land in question and paying requisite compensation, the respondents cannot be allowed to go ahead with their mission of installation of towers.the pamphlet circulated by the .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... this court is further of the opinion that remedy by way of civil suit will be more appropriate and more easily accessible for the petitioner in a rural background and her likes case. ..... and accessible to these petitioners and, therefore, not only from the angle of questions of facts involved in the present writ petition, which are required to be established and determined, but also for the reason of more appropriate remedy for the petitioners, they are relegated to the civil courts.12. ..... for consideration of case for appointment as 'aanganwardi worker', the appropriate remedy is to file civil suit before the competent civil court, where the facts alleged can be established with valid and relevant evidence. ..... order dated 04/09/2014 2/4 record of the case may be called for and by appropriate order, writ or direction:1. ..... , are all questions which are required to be determined on the basis of properly led evidence, which is required to be proved in accordance with provisions of evidence act in a competent civil court. .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... commission of india, a specialized tribunal with original and appellate jurisdictions relating to environmental laws and equipped to handle multi-disciplinary issues involving environmental cases was set up vide the act with the objective of expeditious disposal of cases relating to environmental protection and conservation of forests and other natural resources including enforcement of any legal right relating to environment. ..... board do involve environmental issues relatable to the legislation(s) as the case may be, and set out in schedule i of the act and are best suited to be adjudicated upon by the specialized fora (learned tribunal) equipped with the essential expertise as visualized by the act, we construe it appropriate to transfer the same to it forthwith. ..... learned counsel has drawn the attention of this court as well to the amendments obligated to the legislations catalogued in schedule-iii of the act and also to the corresponding insertions in the related legislations to contend that having regard to the avowed purpose of the national green tribunal act, 2010, the instant proceedings ought to be transferred to the learned tribunal equipped with the necessary expertise to settle the disputes involved therein ..... it may, the act has its roots as the statement of objects and reasons would reveal, in the united nations conferences on environment and development held in 1972 and 1992 in which india participated calling upon the states to take appropriate steps for the protection .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... purely interim one and the proceedings before the assistant commissioner had been concluded and it was left open to the parties to file appropriate application before the district court and it was also left open for the district court to continue the same interim arrangement or to pass order as it may deem ..... 'the trust property was not being properly managed or administered' and 'the direction of the court was necessary for the administration of the public trusts' as envisaged under section 38(1)(b) & (c) of the act and, consequently, sought exercise of powers by the district court under section 40 for the purpose of 'providing a scheme of management of the trust property' and 'for issuing such other directions' as envisaged ..... however, neither copy of the application dated 04.01.2012 was delivered to them nor they were heard before passing of the said order; once a direction under section 38 of the act had been issued in pursuance to the order passed by this court on 24.02.2010, the said proceedings could not have been concluded in the manner done by the district judge; ..... that the entire procedure adopted by the district judge in dismissing the proceedings by order dated 04.01.2012 by way of so called compromise is wholly against the scheme of the act and the said order could not have been passed so as to bring to an end the said proceedings by way of compromise; the appellants and assistant commissioner were parties ..... appropriate to notice provisions of sections 38 and 40 of the act .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... purely interim one and the proceedings before the assistant commissioner had been concluded and it was left open to the parties to file appropriate application before the district court and it was also left open for the district court to continue the same interim arrangement or to pass order as it may deem ..... 'the trust property was not being properly managed or administered' and 'the direction of the court was necessary for the administration of the public trusts' as envisaged under section 38(1)(b) & (c) of the act and, consequently, sought exercise of powers by the district court under section 40 for the purpose of 'providing a scheme of management of the trust property' and 'for issuing such other directions' as envisaged ..... however, neither copy of the application dated 04.01.2012 was delivered to them nor they were heard before passing of the said order; once a direction under section 38 of the act had been issued in pursuance to the order passed by this court on 24.02.2010, the said proceedings could not have been concluded in the manner done by the district judge; ..... that the entire procedure adopted by the district judge in dismissing the proceedings by order dated 04.01.2012 by way of so called compromise is wholly against the scheme of the act and the said order could not have been passed so as to bring to an end the said proceedings by way of compromise; the appellants and assistant commissioner were parties ..... appropriate to notice provisions of sections 38 and 40 of the act .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... purely interim one and the proceedings before the assistant commissioner had been concluded and it was left open to the parties to file appropriate application before the district court and it was also left open for the district court to continue the same interim arrangement or to pass order as it may deem ..... 'the trust property was not being properly managed or administered' and 'the direction of the court was necessary for the administration of the public trusts' as envisaged under section 38(1)(b) & (c) of the act and, consequently, sought exercise of powers by the district court under section 40 for the purpose of 'providing a scheme of management of the trust property' and 'for issuing such other directions' as envisaged ..... however, neither copy of the application dated 04.01.2012 was delivered to them nor they were heard before passing of the said order; once a direction under section 38 of the act had been issued in pursuance to the order passed by this court on 24.02.2010, the said proceedings could not have been concluded in the manner done by the district judge; ..... that the entire procedure adopted by the district judge in dismissing the proceedings by order dated 04.01.2012 by way of so called compromise is wholly against the scheme of the act and the said order could not have been passed so as to bring to an end the said proceedings by way of compromise; the appellants and assistant commissioner were parties ..... appropriate to notice provisions of sections 38 and 40 of the act .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... ., (2000) 7 scc618 while relying upon earlier decisions noticed above, the hon'ble supreme court opined that before teachers are allowed to teach innocent children, they must receive appropriate and adequate training in a recognized training institutes satisfying the prescribed norms, otherwise the standard of education and careers of children will be jeopardized ..... . it has been inter alia provided thereunder that one of the essential qualification for a person to be eligible for appointment as teacher in any of the schools referred to in clause (n) of section 2 of the act of 2009 is that he/she should pass the teachers' eligibility test (tet), which will be conducted by the appropriate government in accordance with the guidelines framed by the ncte ..... that the engagement of the persons in service by the state on contractual basis against the regular posts in the cadre is prohibited by virtue of provisions of sub- section (2) of section 4 of the rajasthan (regulation of appointments to public services and rationalisation of staff) act, 1999 ('the act of 1999') and therefore, the state government is under obligation to fill up the posts in the cadre by way of regular recruitment in accordance with the relevant rules.18 ..... uma devi and others' 2006(4) scc1 submitted that to meet the particular situation the state government is not precluded from framing the scheme for giving employment but then the contractual employees engaged for a fixed term cannot claim .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... the questions aforesaid have been referred by the learned single judge could be noticed in the following: the process for selection to the post of teacher grade iii under the rajasthan panchayati raj act, 1994 [ the act of 1994 ].and the rajasthan panchayati raj rules, 1996 [ the rules of 1996 ].came to be initiated by different zila parishads in the state of rajasthan. ..... a person makes any representation with respect to his transfer, the appropriate authority must consider the same having regard to the exigencies of administration ..... -petitioners are seeking is a writ, order or direction for vindication of their own legal right of appropriate allotment of panchayat samiti at the time of initial posting. ..... having been answered, these writ petitions be processed appropriately for further proceedings in accordance with law. ..... court in the case of union of india versus s.l.abbas: air1993s.c.2444 wherein, the hon'ble supreme court has, inter alia, observed as under:- 7.who should be transferred where, is a matter for the appropriate authority to decide. ..... to observe that as to whether on merits, the particular claim as made by the writ- petitioner is to be allowed or not, is a matter entirely different and that would be open for adjudication at the appropriate stage. ..... in appropriate cases, the directions/instructions, which supplement or fill in the gaps in the d.b.civil writ petition no.10799/2012 toga ram versus state of rajasthan & ors.alongwith one connected matter 12 rules are, of course, .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... the questions aforesaid have been referred by the learned single judge could be noticed in the following: the process for selection to the post of teacher grade iii under the rajasthan panchayati raj act, 1994 [ the act of 1994 ].and the rajasthan panchayati raj rules, 1996 [ the rules of 1996 ].came to be initiated by different zila parishads in the state of rajasthan. ..... a person makes any representation with respect to his transfer, the appropriate authority must consider the same having regard to the exigencies of administration ..... -petitioners are seeking is a writ, order or direction for vindication of their own legal right of appropriate allotment of panchayat samiti at the time of initial posting. ..... having been answered, these writ petitions be processed appropriately for further proceedings in accordance with law. ..... court in the case of union of india versus s.l.abbas: air1993s.c.2444 wherein, the hon'ble supreme court has, inter alia, observed as under:- 7.who should be transferred where, is a matter for the appropriate authority to decide. ..... to observe that as to whether on merits, the particular claim as made by the writ- petitioner is to be allowed or not, is a matter entirely different and that would be open for adjudication at the appropriate stage. ..... in appropriate cases, the directions/instructions, which supplement or fill in the gaps in the d.b.civil writ petition no.10799/2012 toga ram versus state of rajasthan & ors.alongwith one connected matter 12 rules are, of course, .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... briefly stated facts of the case are that the appropriate government by a notification dated 3.9.1993 referred an industrial dispute for its adjudication to the labour court, jodhpur in the terms that whether the termination of workman shri gaina ram s/o. ..... the award passed by the labour court came to be published by the appropriate government as per provisions of section 17 of the act of 1947. ..... as per the workman, his termination from service was retrenchment as defined under section 2(oo) of the industrial disputes act, 1947 (hereinafter referred to as the 'act of 1947') and that was affected without adhering the mandatory condition precedents to do so as prescribed under section 25-f of the act of 1947. ..... the retrenchment was effected in non- compliance of the provisions of section 25-f of the act of 1947. .....
Tag this Judgment!