Judgment Search Results Home > Cases Phrase: appropriation no 3 act 2005 Court: rajasthan Page 11 of about 796 results (0.040 seconds)

Madhav Lal Vs. Chairman, Mewar Anchlik GramIn Bank Andors

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. .....

Vaga Ram and ors Vs. Gautam Rishi Trust Meena Samaj and ors

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 .....

Vagaram and ors Vs. Umaram and ors

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 .....

Vaga Ram and ors Vs. Sona Ram and ors

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 .....

Ratan Lal Vs. LR's of Heera Lal

Court : Rajasthan

Reported in : RLW2004(2)Raj707; 2004(5)WLC397

..... statute of rent ejectment, the deposits have to be seen in the manner provided under the act because on 25.10.90, when the suit was dismissed, no orders were made for appropriation of the rent the landlord could not have withdrawn the money because the court had not permitted to appropriate that amount towards the future rent. ..... provisions of sub-section 8(b) of section 13 of the act of 1950, such deposits can be ordered to be appropriated by the court concerned, that deposit having become custodia legis ..... deposit, then that too fell short of the amount which was due for the period 21.01.1997 to 6.8.1999 and consequence of this kind of non-deposit are provided in section 13(5) of the act which says that if a tenant fails to pay any amount referred to in sub-section 4, he should be liable to have the default of defence be struck off. ..... , no orders were passed for appropriation of the deposits made in the ..... this regard was also dismissed on 21.01.97 and the court observed that any deposit made under section 19-a of the rajasthan premises (control of rent and eviction) act, 1950 (hereinafter referred to as 'the act of 1950'), until decision to that suit will be counted towards the deposit of rent in that suit. ..... any advance deposit made in earlier suit having not been provided for in the decree while dismissing the suit cannot be considered or appropriated by any orders in second suit, under these circumstances, no orders could be passed by the court below for appropriation of that amount. .....

Om Prakash Vs. State of Rajasthan and Others

Court : Rajasthan

Reported in : 2000(4)WLC254; 2000(3)WLN412

..... being dependant upon the examination of the facts of the case and such a contention not having been raised before the high court, it would not be appropriate to allow to appellants to raise such a contention for the first time before us. ..... the court further observed that the court may, in appropriate case, decline to grant the relief, even if it holds that the order was void, as the extraordinary jurisdiction of the court may not be exercised in ..... land acquisition (20), wherein it had been held that compliance of requirement of statutory provisions of the land acquisition act was mandatory and non-compliance thereof would render all subsequent proceedings unexceptionally illegal. ..... 4 of the land acquisition act, 1894 (for short, 'the act') dated 4.2.1997 was published in the official gazelle dated 7.2.97 and the substance thereof was also published in the local news paper ..... 30 and 31 of the act, as held by the hon'ble supreme court ..... , as required by section 4 of the act, was not given and that would per se vitiate the notification under section 4, the person interested should have challenged its validity within a reasonable time of the publication of the notification under section 4 of the act.(7). ..... 6 of the act was beyond statutory limitation and, therefore, ex-parte proceedings are bad and the same are liable to ..... the act; declaration ..... 9(3) of the act were served upon the persons whose names appeared in the revenue record on the date of ..... of the act was made ..... of the act and declaration ..... act. .....

Hari Singh and ors. Vs. State and ors.

Court : Rajasthan

Reported in : 1997(2)WLC749; 1997(1)WLN183

..... bishnoi also submitted that the revenue board could not have exercised its jurisdiction under section 84 read with section 9 of the act without giving notice to the petitioners, therefore, also the order passed by the revenue board is required to be set aside ..... also submitted that no prejudice is caused to the petitioners by that part of the impugned order passed by the revenue board as the revenue board has given them a right to approach the appropriate court by way of a suit. ..... then there was no need of power observing that they will be free to seek redress from the appropriate court by way of a suit. mr. ..... they will be free to seek redress from the appropriate court by way of a suit. ..... has approved the order and observed that if the petitioners feel that they acquired any right under the order dated 19.3.59 passed by the collector then they are free to seek redress from the appropriate court. ..... exercise of the powers vested under section 84 read with section 9 of the land revenue act, it not only set aside the common order passed by the r.a.a. ..... under section 84 read with section 9 of the land revenue act, the revenue board has powers to review the orders passed by the courts below either suo motu or the matter being moved to it by any ..... petitioner has challenged in this revision petition only the part of the order whereby the revenue board wrongly exercised its power under section 84 read with section 9 of the land revenue act in setting aside the order dated 10.10.79 passed by the s.d.o. .....

Union of India and anr Vs. Narhari Thakar and anr

Court : Rajasthan Jodhpur

..... 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 rights, provision of medical care, education, ..... according to the respondent no.1, it was under the compelling circumstances and having not been extended proper advice and counselling that he moved an application on 06.04.2005, in the form of a notice under rule 48/48-a of the central civil services (pension) saw no.904/2013 union of india & anr. ..... the letters of superintendent, post offices, dungarpur dated 27.12.2004 (annex.c) and dated 02.02.2005 (annex.d) falsify the suggestion that the department was not informed by the respondent no.1 about his failing eyesight. ..... in this regard, the department further sent the reminders on 13.01.2005 and on 02.02.2005 but the medical board could not be constituted. ..... the superintendent of post offices, dungarpur granted the prayer made under the aforesaid notice after due verification; and sanctioned voluntary retirement of the respondent no.1 who was, accordingly, relieved from service on 21.07.2005 while being given the admissible terminal benefits. ..... 3 rules, 1972 ( the rules of 1972 ).seeking voluntary retirement with effect from 21.07.2005. .....

Rukam Pal Singh and ors. Vs. State of Rajasthan

Court : Rajasthan

Reported in : RLW2004(4)Raj2515; 2004(3)WLC105

..... keeping in view the object and the purpose of the act the state and the local authorities have to ensure that every child with a disability has access to free education in an appropriate environment till he attains the age of eighteen years. ..... as per section 29 of the act, the appropriate government is required to set up adequate number of teachers' training institutions and assist the national institutes and other voluntary organisations to develop teachers' training programmes specializing in disabilities so that requisite manpower is available for special schools ..... having regard to the provisions of section 26 and 29 of the act, we direct the state to take steps to impart requisite training to the teachers for imparting special education to the children with disabilities and to appoint them with a view to promote the integration of students with disabilities in the ..... in this writ petition the petitioners point out that the provisions of 'the persons with disabilities (equal opportunities, protection of rights and full participation) act, 1995' (for short 'the act') are not being given effect to.2. .....

Ram Singh Vs. Divisional Personnel Officer, Northern Railway and anr.

Court : Rajasthan

Reported in : (1999)IILLJ1353Raj

..... 17(a)(i) before the authority under the payment of wages act nor appeal was filed against the order dated september 30, 1994 within the limitation period before an appropriate legal forum. ..... against the order dated september 30, 1994 that respondent railway administration instead of approaching before the learned district judge in appeal as prescribed by the payment of wages act directly approached before the central administrative tribunal jodhpur bench, jodhpur in case of original application no. ..... the tribunal passed an order on january 18, 1996 by which application was rejected on the ground of jurisdiction and returned the application to the applicant for seeking remedy before the appropriate legal forum. ..... thereafter the petitioner filed a claim under the provisions of payment of wages act on october 11, 1990 for implementation of the award dated july 21, 1988 after final decision of the division bench ..... 15 of the payment of wages act provides that the state government may, by notification in the official gazette, appoint any magistrate to be the authority to hear and decide for any specified area all claims arising out of deductions from the wages, or ..... 15(5) of the payment of wages act and closed the matter of recovery. ..... the petitioner moved an application under section 15(5) of the payment of wages act before the chief judicial magistrate, bikaner for recovery of the payment in pursuance of the order dated september 30, 1994 passed by the authority under the payment of wages act. .....