Court : Rajasthan Jodhpur
..... petition had not been in conformity with law, therefore, in the interest of justice, it is considered appropriate to refer the matter back to the joint registrar, co-operative societies, udaipur division, udaipur, who shall take steps for further proceedings in the matter with reference to his powers under section 60 of the act; and shall ensure expeditious decision of the election petition filed by the appellant narayan singh in accordance ..... .: (2012) 3 scc188to submit that even a minor transaction of the past has been held to be operating as disqualification under section 10(f) of the goa panchayat raj act, 1994 on the principles that the purpose and object of prescribing several disqualifications were to ensure the purity of administration of the municipal committees and in that sense, the clauses of ..... was registered with the bank and a security amount of rs.5,000/- was also deposited by it with the bank on 27.12.1995, which was returned with interest of rs.3,860/- by a cheque dated 26.10.2006 and, therefore, the interest of the writ- petitioner in the transactions entered into with the bank could not be disputed. ..... chittorgarh ( the bank ) is a co.operative society incorporated and registered under the rajasthan co-operative societies act, 2001 ( the act ).the management of the affairs of the bank is entrusted to a managing committee constituted in accordance with ..... .: (2006) 2 scc682 jugal kishore patnaik vs.ratnakar mohanty: (1977) 1 scc567and dewan joynal abedin versus abdul .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... petition had not been in conformity with law, therefore, in the interest of justice, it is considered appropriate to refer the matter back to the joint registrar, co-operative societies, udaipur division, udaipur, who shall take steps for further proceedings in the matter with reference to his powers under section 60 of the act; and shall ensure expeditious decision of the election petition filed by the appellant narayan singh in accordance ..... .: (2012) 3 scc188to submit that even a minor transaction of the past has been held to be operating as disqualification under section 10(f) of the goa panchayat raj act, 1994 on the principles that the purpose and object of prescribing several disqualifications were to ensure the purity of administration of the municipal committees and in that sense, the clauses of ..... was registered with the bank and a security amount of rs.5,000/- was also deposited by it with the bank on 27.12.1995, which was returned with interest of rs.3,860/- by a cheque dated 26.10.2006 and, therefore, the interest of the writ- petitioner in the transactions entered into with the bank could not be disputed. ..... chittorgarh ( the bank ) is a co.operative society incorporated and registered under the rajasthan co-operative societies act, 2001 ( the act ).the management of the affairs of the bank is entrusted to a managing committee constituted in accordance with ..... .: (2006) 2 scc682 jugal kishore patnaik vs.ratnakar mohanty: (1977) 1 scc567and dewan joynal abedin versus abdul .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... as per the petitioner in light of the provisions of the prevention of cruelty to animals act, 1960 (hereinafter referred to as 'the act of 1960') the race so organised is a cruelty towards the animals, hence deserves to be stopped. ..... in the year 2006 one young lady wife of shri rajendra patodia died and one mrs.bhagwati tiwari suffered serious injuries. ..... the 'tonga race' also causes huge strain and stress which is nothing but cruelty as defined under section 11 of the act of 1960. .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... officer cadre, appellant was in employment of the bank as cashier-cum-godown keeper and his status was that of a workman within the meaning of section 2(s) of the industrial disputes act, 1947 (for short, 'act of 1947').so far as service conditions of the cashier-cum-godown keeper, working under the respondent-bank, are concerned, obviously, those service conditions were governed by bipartite settlement dated 17th ..... and in accordance with the industrial employment (standing orders.act, 1946 are statutorily imposed conditions of service and are binding both upon the employers and employees, though they do not amount to statutory provisions .any violation of these standing orders entitles an employee to appropriate relief either before the forums created by the industrial disputes act or the civil court where recours.to civil court is ..... under challenge is outcome of the powers exercised by the employer under the bipartite settlement, therefore, the only course, which was opened for the appellant, was to seek appropriate remedy under the act of 1947 and remedy of civil suit is, therefore, impliedly barred. ..... courts and tribunals under the industrial 10 disputes act are far more extensive in the sense that they can grant such relief as they think appropriate in the circumstances for putting an end to ..... remedies provided by the industrial disputes act are not equally effective for the reason that access to the forum depends upon a reference being made by the appropriate government. .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... before considering the contentions raised by learned counsel for the parties, it would be appropriate to notice the provisions of the act, which are relevant for the present purpose:- section 2(13) exempted goods . ..... from the above, it is clear that while by the notifications dated 16.03.2005 issued under the act of 1994, 16.02.2006 and 05.07.2006 issued under the act, 'a.c.sheets and bricks' were exempted, by notifications dated 09.03.2007, the goods a.c.12 sheets and bricks were taken out by s.o.371 (supra) and the manufacturers of a.c.sheets and bricks were exempted by inclusion in schedule-ii by s.o.372 (supra) ..... notification dated 05.07.2006:- notification jaipur, dated : 05.07.2006 in exercise of the powers conferred by sub- section (2) of section 8 of the rajasthan value added tax act, 2003 (act no.4 of 2003).the state government being of the opinion that it is expedient in the public interest so to do, hereby makes the following amendments in schedule-i appended to the said act, namely :- amendment in schedule-i appended to the said act, the existing expression appearing in column no.3 against s.no.60a, shall be substituted by the following expression, namely:- (1) the goods shall .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... before considering the contentions raised by learned counsel for the parties, it would be appropriate to notice the provisions of the act, which are relevant for the present purpose:- section 2(13) exempted goods . ..... from the above, it is clear that while by the notifications dated 16.03.2005 issued under the act of 1994, 16.02.2006 and 05.07.2006 issued under the act, 'a.c.sheets and bricks' were exempted, by notifications dated 09.03.2007, the goods a.c.12 sheets and bricks were taken out by s.o.371 (supra) and the manufacturers of a.c.sheets and bricks were exempted by inclusion in schedule-ii by s.o.372 (supra) ..... notification dated 05.07.2006:- notification jaipur, dated : 05.07.2006 in exercise of the powers conferred by sub- section (2) of section 8 of the rajasthan value added tax act, 2003 (act no.4 of 2003).the state government being of the opinion that it is expedient in the public interest so to do, hereby makes the following amendments in schedule-i appended to the said act, namely :- amendment in schedule-i appended to the said act, the existing expression appearing in column no.3 against s.no.60a, shall be substituted by the following expression, namely:- (1) the goods shall .....
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..... this court by way of present writ petition against the interlocutory order passed by the joint registrar, cooperative societies, jaipur vide annexure-17 dated 18.06.2012 purportedly under section 125 (1) of the rajasthan cooperatives society act, 2001 ('the act of 2001') by which, the resolution no.13 passed by the board of directors, barmer central cooperative bank limited, barmer on 31.01.2012 has been stayed by the said joint registrar and the s.b. ..... tribunal, jaipur, who is now seized with the matter as stated in the said stay order annexure-17 dated 18.06.2012, by which the matter has been transferred by exercising the powers under section 125 (2) of the act of 2001 for revocation of the resolution no.13 dated 31.01.2012 taken by the board of directors of the respondent the barmer central cooperative bank limited.8. ..... also be at liberty to raise their objections before the said joint registrar on the question of jurisdiction and breach of principles of natural justice and other grounds, who is expected to hear the petitioners and pass the appropriate final orders and s.b. ..... order dated 24.09.2014 6/6 thereafter before the said cooperative tribunal who shall decide the matter transferred to it under section 125 of the act of 2001.10. ..... was stayed and the matter regarding revocation of the said resolution no.13 taken by the board of the directors was ordered to be transferred to the rajasthan state cooperative tribunal, jaipur as per the provisions of section 125 (2) of the act.5. .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... is settled law that in determining the market value, the court has to take into account either one or the other three methods to determine market value of the lands appropriate on the facts of a given case to determine the market value. ..... 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 as the award dated 02.01.2007 rendered by arbitral tribunal and the award dated 11.08.2006 passed by the competent authority (la)-cum-sub divisional officer, girwa insofar as the same ..... the instructions issued by the government to determine the market value for the purpose of registration of the instrument under section 47-a, held that it would form basis to determine the market value under section 23 in an appropriate case, subject to proof of the market value. ..... the acquired land is a large chunk of undeveloped land having potential and was acquired for residential purpose then while determining the fair market value of the lands on the date of acquisition, the appropriate deductions are also required to be made.19. ..... it was also opined that appropriate deductions could be made for making plots for residential and ..... aforesaid likely disadvantages it was held that these factors could be discounted by making deductions by way of allowance at an appropriate rate ranging from 20% to 50%. .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... or member thereof-- (1) if, in the opinion of the registrar, the committee of a cooperative society or any member of such committee persistently makes default or is negligent in the performance of the duties imposed on it or him by this act or the rules or the bye-laws or commits any act which is prejudicial to the interest of the society or its members.or wilfully disobeys directions issued by the registrar for the purpose of securing proper implementation of cooperative production and other development programmes approved ..... before examining the rival submissions made by learned counsel for the parties, it shall be appropriate to notice that by the constitution (ninety-seventh amendment) act, 2011, one more directive principle of state policy i.e.article-43b was added in part-iv of the constitution of india, which reads as under:- -6- the state shall endeavour to promote voluntary formation, autonomous functioning, democratic control ..... registrar as a matter of fact should have conducted an inquiry to arrive at a definite conclusion to adjudicate the allegations levelled against the petitioner for the act that was said to be prejudicial to the interest of the society or its members by framing definite charge against her and by asking for explanation. ..... this background, this court is required to examine that what shall be the appropriate reasonable opportunity of stating objections for a person effected who is being subjected to authority under section 30 of the act of 2001. .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... appellant that deposition by counsel earlier representing the cause of the appellant before the learned trial court is vitiated because of the alleged legal embargo under section 126 of the act of 1872, learned counsel for the respondent submits that section 126 of the act of 1872 refers to professional communication between client and lawyer and it is not intended by the legislature that every communication which is having no nexus with the cause of ..... elaborating his submission, learned counsel has urged that any communication between a lawyer and his client is a privileged communication under section 126 of the indian evidence act 1872 (for short, act of 1872 ) and therefore any deposition of a lawyer against his own client is not worth any credence and solely on that count the impugned order cannot ..... learned counsel for the respondent has argued that the suit was filed in february 2000 and ex-parte decree was passed on 19th january 2006 and for setting aside the same the appellant has submitted application under order 9 rule 13 cpc after a lapse of three years without explaining the inordinate delay and therefore the learned ..... , such serious lapses on the part of a lawyer do fall within the ambit of professional misconduct and can expose him to appropriate disciplinary action. ..... in appropriate cases, if the court feels that lawyer alone is competent to speak about the facts relevant for the purpose of decision, there is no bar in the court summoning the lawyer as a witness for .....
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