Court : Rajasthan Jodhpur
..... a perusal of the record shows that on 25.6.2014, the superintendent of police jaisalmer addressed a letter to the district magistrate wherein a request was made to take appropriate action under section 3(2) of the act of 2006 on account of the fact that the petitioner was disrupting public order and was indulging in anti- social activities. ..... on account of this behavior, the district magistrate concluded that it would be appropriate to detain the 8 petitioner under section 3(2) of the act of 2006. ..... it is submitted that the petitioner has been detained as per the provisions prescribed in the act of 2006, since it has been found 3 that the petitioner was indulging in theft of electricity supply ..... state government, thereafter, authorised the district magistrate, jaisalmer to exercise the powers conferred under sub-section (1) of section 3 of the act of 2006, vide notification dated 30.7.2014 which is placed on record as annex. r/3. ..... main thrust of the argument advanced by the learned counsel for the petitioner is that while passing the order of detention dated 27.1.2015, there has been non-compliance of section 3(1) of the act of 2006 in so far as there has been no application of mind. ..... the petitioner has been detained in district jail, jaisalmer on the basis of an order dated 27.1.2015 issued by the district magistrate, jaisalmer while exercising powers under 2 section 3(2) of the rajasthan prevention of anti-social activities act, 2006 (act no.1/2008) ( for short 'the act of 2006'). .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... state, more particularly with reference to barmer district, attributing total apathy and callousness on part of food inspectors for observance of food safety and standards act, 2006 (for short, act of 2006 ) and the rules made thereunder, the petitioner has laid this writ petition with the under-mentioned prayers.a) by an appropriate; writs, orders or directions of this hon'ble court, the respondent no.1 to 4, may kindly be directed, to immediately post a suitable food safety officer alongwith allied ..... d) by an appropriate writ, order or directions, in the nature thereof, the respondent no.1 to 4, may very kindly be directed to constitute a committee, for carrying out suitable enquiry/assessments of the food checking of food centers.in barmer, for last 5 years.so as to know, whether the provisions of the act of 2006 and rules of 2011, are being meticulously adhered to, in true letter and spirits, by the food safety officers.deputed by the government. ..... c) by an appropriate; writs, orders or directions of this hon'ble court, the respondent no.1 to 4, may very kindly be directed to uniformly take action to implement the provisions of the act of 2006 and rules of 2011, in the matter of food checking of all the food institutions, without causing any discrimination, in barmer district, as well in whole of rajashan, so as to ensure that, no health hazards is occasioned, to public. .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... the detenu tola ram, it cannot be said that the case of detenu tola ram falls in any of the category for the purpose of detention of one year because the section 3 of the act of 2006 provides that district collector can exercise its 3 powers but those powers are required to be delegated to the district collector by the state government after recording satisfaction that it is necessary to do so ..... of detention order was communicated to the detenu tola ram, thereafter, a representation was filed by him and same was considered by the advisory board constituted under section 10 of the act of 2006 and, thereafter, the advisory board granted an opportunity of hearing to the detenu tola ram and vide order dated 11.8.2014 the advisory board gave its opinion that detention order is ..... the superintendent of police, bikaner moved a complaint against detenu tola ram on 24.1.2014 before the district magistarte, bikaner to take action against him under the act of 2006 and after considering the anti social activities in various parts of district bikaner, the state government authorized district magistrate, bikaner to exercise power under section 3(1) of the ..... act of 2006 vide notification dated 16.5.2014 and thereafter, the district magistrate, bikaner perused the criminal record of detenu tola ram and after applying judicious mind and .....
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..... in view the persistent conflict between the state regulations and the central notifications, it is imperative for us to issue directions specially to provide for an interim period, during which appropriate steps should be taken to comply with the judgment of the hon ble supreme court and to issue notifications which are necessary in that regard. ..... preparation and approval of mine plan, as in the case of major minerals may appropriately be provided in the rules governing the mining of minor minerals by the respective ..... we direct that in the meeting it shall also disused and appropriate recommendations be made and placed before the tribunal, as to whether riverbed mining covering an area of less than 5 hectares can be permitted, if so, the conditions and regulatory ..... cluster within a period of three months of formation of association through recognised person and submitted to the district level environmental committee for approval: provided that the director may in appropriate case extend above period up to a further period of six months. ..... the ministry of environment and forests (moef) vide notification dated 14th september, 2006 issued under sub-rule (3) of rule 5 of the environment (protection) rules, 1986 and sub-section (1) and clause (v) of sub-section (2) of section 3 of the environment (protection) act, 1986, in supersession of its earlier notification dated 27th january, 1994, except in respect of things done or omitted to be done before such supersession, directed that on and .....
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..... umadevi(3)1 cannot be held to have overridden the powers of industrial and labour courts in passing appropriate order under section 30 of the mrtu and pulp act, once unfair labour practice on the part of the employer under item 6 of schedule iv ..... the powers conferred under the proviso to article 309 of the constitution of india providing for regularization of the services of those daily wagers, who had completed ten years of service on 10.4.2006 (the date on which the judgment in secretary, state of karnataka and others v/s umadev ((2006) 4 scc 1) was rendered by the constitution bench of the supreme court), without intervention of any court or tribunal, and were continuously working as such on the date of commencement ..... amendment of rule 6 by the rajasthan class iv service (recruitment and other service conditions) (amendment) rules, 2009 (for short, the rules of 2009 ), a person has to be in continuous service for a period of ten years upto 10.4.2006, without the intervention of any court or tribunal, to seek the benefit of regularization. 9. ..... the workman had completed ten years of service on 10.4.2006, when the rajasthan various service (amendment) rules of 2009 ..... umadevi (2006) 4 scc 1 does not denude the industrial and labour courts of their statutory power under section 30 read with section 32 of the mrtu and pulp act to order permanency of the workers who have been victim of unfair labour practice on the part of the employer under item 6 of schedule iv where the posts on which .....
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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 ..... 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 ..... andh vidhyalaya sr.ganganagar as finding mention in proposed master plan of 2001 and approved plan of 2 2004 deeming the sale deeds dated 27.3.2001 and 03.06.2006 vide annexures -12 & 13 with respect to .....
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..... section 482 of the code was, therefore, not an appropriate remedy having regard to the fact that neither the trial judge, nor the high court while passing the judgments of conviction and sentence indicated 11 that the sentences passed against the ..... 3 while adjudicating the issue, at the first, we deem it appropriate to look at the view taken by a division bench of this court in the case of pyari devi (supra) on basis of ..... before coming to other merits, we deem it appropriate to understand the powers of a high court under section 482 code of criminal procedure, which reads as ..... examine effect and impact of the sentences which are to be served consecutively, and pass an appropriate order to secure the ends of justice. ..... in such a situation the court 14 would not be acting contrary to any provision of the code or against any express or implied prohibition ..... maxim actus curiae neminem gravabit [an act of the court shall prejudice no ..... matter relating to an accused who was convicted and sentenced for offences under section 138 of the negotiable instruments act in three different cases. ..... trial for two criminal cases and was convicted for the offences punishable under sections 120-b/420, 468 and 471 indian penal code read with section 5(1) of the prevention of corruption act, 1947. ..... the appellant for a direction in terms of section 427 read with section 482 code of criminal procedure for the sentences awarded in connection with the cases under section 138 of the negotiable instruments act. .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... section 482 of the code was, therefore, not an appropriate remedy having regard to the fact that neither the trial judge, nor the high court while passing the judgments of conviction and sentence indicated 11 that the sentences passed against the ..... 3 while adjudicating the issue, at the first, we deem it appropriate to look at the view taken by a division bench of this court in the case of pyari devi (supra) on basis of ..... before coming to other merits, we deem it appropriate to understand the powers of a high court under section 482 code of criminal procedure, which reads as ..... examine effect and impact of the sentences which are to be served consecutively, and pass an appropriate order to secure the ends of justice. ..... in such a situation the court 14 would not be acting contrary to any provision of the code or against any express or implied prohibition ..... maxim actus curiae neminem gravabit [an act of the court shall prejudice no ..... matter relating to an accused who was convicted and sentenced for offences under section 138 of the negotiable instruments act in three different cases. ..... trial for two criminal cases and was convicted for the offences punishable under sections 120-b/420, 468 and 471 indian penal code read with section 5(1) of the prevention of corruption act, 1947. ..... the appellant for a direction in terms of section 427 read with section 482 code of criminal procedure for the sentences awarded in connection with the cases under section 138 of the negotiable instruments act. .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... section 482 of the code was, therefore, not an appropriate remedy having regard to the fact that neither the trial judge, nor the high court while passing the judgments of conviction and sentence indicated 11 that the sentences passed against the ..... 3 while adjudicating the issue, at the first, we deem it appropriate to look at the view taken by a division bench of this court in the case of pyari devi (supra) on basis of ..... before coming to other merits, we deem it appropriate to understand the powers of a high court under section 482 code of criminal procedure, which reads as ..... examine effect and impact of the sentences which are to be served consecutively, and pass an appropriate order to secure the ends of justice. ..... in such a situation the court 14 would not be acting contrary to any provision of the code or against any express or implied prohibition ..... maxim actus curiae neminem gravabit [an act of the court shall prejudice no ..... matter relating to an accused who was convicted and sentenced for offences under section 138 of the negotiable instruments act in three different cases. ..... trial for two criminal cases and was convicted for the offences punishable under sections 120-b/420, 468 and 471 indian penal code read with section 5(1) of the prevention of corruption act, 1947. ..... the appellant for a direction in terms of section 427 read with section 482 code of criminal procedure for the sentences awarded in connection with the cases under section 138 of the negotiable instruments act. .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... section 482 of the code was, therefore, not an appropriate remedy having regard to the fact that neither the trial judge, nor the high court while passing the judgments of conviction and sentence indicated 11 that the sentences passed against the ..... 3 while adjudicating the issue, at the first, we deem it appropriate to look at the view taken by a division bench of this court in the case of pyari devi (supra) on basis of ..... before coming to other merits, we deem it appropriate to understand the powers of a high court under section 482 code of criminal procedure, which reads as ..... examine effect and impact of the sentences which are to be served consecutively, and pass an appropriate order to secure the ends of justice. ..... in such a situation the court 14 would not be acting contrary to any provision of the code or against any express or implied prohibition ..... maxim actus curiae neminem gravabit [an act of the court shall prejudice no ..... matter relating to an accused who was convicted and sentenced for offences under section 138 of the negotiable instruments act in three different cases. ..... trial for two criminal cases and was convicted for the offences punishable under sections 120-b/420, 468 and 471 indian penal code read with section 5(1) of the prevention of corruption act, 1947. ..... the appellant for a direction in terms of section 427 read with section 482 code of criminal procedure for the sentences awarded in connection with the cases under section 138 of the negotiable instruments act. .....
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