Judgment Search Results Home > Cases Phrase: appropriation no 3 act 2005 Court: rajasthan Page 5 of about 796 results (0.054 seconds)

M/S Srei International Fin. Ltd Vs. Ashok Kumar

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 ..... company has inter-alia averred that on its behalf a lawyer was engaged, who was entrusted the brief, but of his own volition he has not appeared before the learned trial court on 17.11.2005 and therefore the learned court below proceeded ex-parte against the appellant and its right to file written statement was forfeited. ..... parlance, 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 the .....

Mahesh Kumar Sharma Vs. State of Rajasthan

Court : Rajasthan

Reported in : 2006(1)ALD(Cri)52; III(2006)BC260; RLW2005(4)Raj2479; 2005WLC(Raj)UC690

..... the petitioner may approach the appropriate court in the state of tamilnadu within the abovesaid period of four weeks. ..... ), wherein it has been held by this court in an identical case that transit bail may be granted to the accused-petitioner against whom there is a complaint for offence under section 138 of the negotiable instruments act, 1881 and against whom non-bailable warrant has been issued. ..... 1, erode, tamilnadu for offence under section 138 of the negotiable instruments act, he shall be released on bail for a period of four weeks from today provided he furnishes a personal bond in the sum of rs. ..... he has been summoned through arrest warrant in a case for offence under section 138 of the negotiable instruments act, 1881 to appear in court. ..... the life of this order is only upto 5.8.2005. ..... 1, jaipur district, jaipur vide order dated 28.4.2005.2. .....

In Re: Vast Textiles Ltd.

Court : Rajasthan

Reported in : [2007]78SCL190(Raj)

..... the present petitions under sections 391 and 394 of the companies act, 1956 (hereinafter shall be referred to as '1956 act') for sanctioning the scheme of arrangement between the resulting company and demerged company so as to be binding upon all the shareholders, secured and unsecured creditors from the appointed date 16-10-2005 and for passing appropriate orders regarding vesting of assets liabilities between the companies in accordance with ..... and submitted that the authorised share capital of a company can be increased only after following the procedures prescribed under the relevant provisions of the 1956 act and the payment of requisite fees to the registrar of companies and stamp duty to the state government and this aspect may be considered. ..... capital of a company can be increased only after following the procedures prescribed under the relevant provisions of the 1956 act and payment of requisite fees to the registrar of companies and stamp duty to the state government has merit. ..... in the listing agreement or in the scr act which indicates that non-compliance of the terms and conditions of the listing agreement would bar a company from making an application under sections 391 and 394 of the companies act for merger or would entail an automatic dismissal ..... a composite scheme of arrangement pursuant to sections 391 to 394 of 1956 act has been arrived at in its present form or with any modifications approved or imposed or directed by the shareholders and/or creditors of demerged .....

Nav Bhart Buildcon (P) Ltd. Vs. State of Rajasthan and ors.

Court : Rajasthan

Reported in : AIR2010Raj70

..... it is clear from the said provision that it deals with certain contingencies where the designated judge designated by the chief justice of the high court can pass appropriate order obviously so as the arbitral proceedings may be completed in accordance with law and it is not a provision wherein any award passed or decision taken by the competent committee can ..... is reproduced as under:(6) where, under an appointment procedure agreed upon by the parties,--(a) a party fails to act as required under that procedure; or(b) the parties, or the two appointed arbitrators, fail to reach an agreement expected of them under that procedure; or(c) a person, including an institution, fails to perform any function entrusted to him or it ..... 54/2004 was disposed of by this court at principal seat on 4th march, 2005 with the direction to both the parties to appear before the duly constituted committee in the office of secretary to the government in irrigation department, rajasthan jaipur on 18th april, 2005 and direction was given to the secretary to the government, irrigation department to fix the date for further proceeding in arbitration proceedings as far as possible within a period ..... the petitioner now has submitted this application under section 11(6) of the act of 1996 seeking relief for setting aside the ex-parte decision given ..... an application under section 11 of the arbitration and conciliation act, 1996 (hereinafter referred to as the act of 1996) before this court which was registered as .....

Akha Ram Vs. State of Rajasthan

Court : Rajasthan

Reported in : RLW2007(1)Raj694

..... in yet another judgment cited by learned public prosecutor in khet singh (supra) was also with regard to non-compliance of sectjon 42(1) of the ndps act wherein the inspector of personnel department and certain other officials while on petrolling duty found the accused sitting in a motor vehicle with suspicious circumstances having a cloth basket in his hand, who was searched ..... 359 : rlw 2002(3) scc 419, which will be discussed at the appropriate stage.8. ..... in that case an argument was raised that the compliance of section 42 of the ndps act cannot be insisted in such a case but the same was not accepted by the high ..... the argument with regard to non-compliance of section 50 of the ndps act was rejected and the judgment of the high court was quashed and conviction was ..... & sessions judge, barmer whereby the accused appellant was convicted under section 18 of the ndps act, 1985 and sentenced to undergo rl for 10 years with a fine of rs. ..... in this case however the section 50 of the ndps act does apply because the opium in the present case was recovered from tevte ki ..... baulat ram reported in 2005(2) wlc (sc) : (2005(4) rlw 2527 (sc) criminal 475, (ii) state of orissa ..... has also been argued that the mandatory provisions of section 42 of the ndps act has not been complied with as the-pw. ..... learned counsel for the appellant argued that mandatory provisions contained in section 57 of the ndps act has not been followed by the prosecution. ..... reported in 2005(2) wlc (sc) criminal 135, (iii) sajan abraham .....

Gavra Devi (Smt.) and ors. Vs. Board of Revenue and ors.

Court : Rajasthan

Reported in : 2008(1)WLN274

..... the appropriate course, therefore, was to examine version of other persons also. ..... divisional officer is quite fair as before making mutation on basis of a will, no opportunity of hearing was given to other legal representatives of late shri nathmal and they while adjudicating the appeal under section 75 of the land revenue act disputed the said will of shri nathmal. ..... an appeal preferred by the respondent shri ghanshyam before the additional divisional commissioner, bikanerunder section 76 of the land revenue act, 1986 also stood rejected by the order dt. ..... 18.10.2005 in revision/lr/113/2001/bikaner shri ghanshyam v. ..... 18.10.2005 passed by the board of revenue, contention of counsel for the petitioner is that there was no occasion for the board of revenue to interfere with the concurrent finding given by the sub divisional officer (north) bikaner as well as by ..... 18.10.2005 passed by the board of revenue, rajasthan, ajmer accepting a revision petition preferred by respondent shri ghanshyam giving challenge to validity, propriety and correctness of the order passed by the sub divisional officer (north), bikaner in revenue appeal no. .....

Central Academy Educational Society Vs. the Pratap Commercial Co. Pvt. ...

Court : Rajasthan

Reported in : RLW2010(2)Raj1327

..... thus, in considered opinion of this court, the tribunal could not have rejected the application preferred by the petitioner for framing the issues by simply saying that it will not be appropriate to frame the issues in light of the rules needless to say that any application preferred by the parties to the proceedings has to be dealt with by the tribunal in a just reasonable manner and the same should ..... procedure laid down are always the hand maid of justice and the cause of justice may not be permitted to be defeated on account of procedural technicalities.a bare perusal of sub-section (3) of section 21 of the act 2001 goes to show that the rent tribunal or the appellate tribunal may not be bound by the procedure laid down by the code of civil procedure, 1908 but, they are bound to adopt the procedure in conformity ..... had occasions to deal with the ambit and scope of the provisions of section 15 & 21 of the act many a time and therefore, a this stage, it will be appropriate to refer to a few decisions rendered by the court which are germane to the controversy involved in the ..... that the issues are framed with an object to ascertain the real dispute between the parties, to narrow the area of conflict and to see where the two sides differ, therefore, even if the act does not makes specific provision regarding framing of the issues, there is no reason as to why for the purpose of clarifying the points in dispute, the rent tribunal should not follow the procedure ..... rajasthan 2005 (1) ..... 2005 .....

Hari Ram Vs. D.J. Pali (Raj.) and anr.

Court : Rajasthan Jodhpur

1. though the matter is placed for consideration of the application (ia no.15241/2009) moved as back as on 04.11.2009 for early listing but then, it is noticed that not only the application has been rendered redundant but even the petition itself has been rendered infructuous. this writ petition is directed against the order dated 25.09.2007 whereby the learned district judge, pali proceeded to dismiss an election petition as filed by the petitioner under section 36 of the rajasthan municipalities act, 1959 questioning the elections as held on 20.08.2005 for ward no.25 in the municipal board sojat city, district pali. it is not in dispute that the term of the office under the said election is already over.2. thus the matter herein can only be considered having academic connotations but no longer for any substantive relief for either of the parties.3. in the given set of facts and circumstances, there appears no reason to continue with this writ petition any further and it appears appropriate to terminate the proceedings herein as infructuous but with the observations that dismissal of this writ petition as infructuous shall not be of prejudice to either of the parties in relation to the subject-matter of the litigation at any future occasion.4. with the observation aforesaid, the petition stands dismissed as infructuous.5. the record be returned to the court concerned.

State and ors Vs. Gajanand Sharma and ors

Court : Rajasthan Jodhpur

..... /1) passed by th learned labour court, bikaner, whereby while adjudicating the reference made by the appropriate government, the learned labour court has found that the retrenchment of the respondent-workman is bad in law, as the same is in gross violation of the mandatory provisions contained under section 25 f,g and h of the industrial disputes act, 1947 (for short hereinafter referred to as the act of 1947).while concluding that retrenchment of the respondent workman is bad in law, the learned labour ..... the order dated 29.3.2005 is reproduced as under: learned counsel for the respondent submits that in an application under section 17-b of the industrial disputes act, 1947 (hereinafter referred to as `the id act, 1947).it is alleged that the learned labour court, churu vide its award dated 8.12.2000 (annex.1) has ordered for reinstatement of the respondent gajanand ..... the co-ordinate bench after considering the said application, disposed of the 3 same by order dated 29.3.2005 and maintained that the petitioners are required to made compliance of the mandatory provisions, contained under section 17-b of the act of 1947. ..... although, no interim order was granted in the matter, the petitioners have not made any endavour to reinstate the respondent-workman in services and the order passed by this court on 29.3.2005 was complied with faithfully. ..... after appearing before this court on behalf of the respondent-workman, an application under section 17-b of the act of 1947 was filed on 08.2.2005. .....

Official Liquidator, Spark Plugs (i) Ltd. Vs. Bank of India and ors.

Court : Rajasthan

Reported in : [2007]135CompCas495(Raj); [2007]77SCL28(Raj); 2006(3)WLC565

..... said that even if appeal lies against an order of the debts recovery tribunal under the 1993 act itself, in an appropriate case, the high court still retains jurisdiction to entertain petitions under article 226 or 227 of the ..... also held that the occasion for a claim by a secured creditor against the realisation by other creditors of the debtor under section 529a read with proviso (c) to section 529(1) of the companies act could arise before the debts recovery tribunal only if the concerned creditor had stood outside the winding up and realised amounts and if it is shown that out of the amounts privately realised by ..... allowed the request of the bank of india vide its order dated october 7, 2005, for putting the property on public auction and rejecting the written objections filed by ..... for these reasons, i direct that the impugned order dated october 7, 2005, of the recovery officer (drt) 1, delhi, shall remain stayed till the disposal of special ..... filed an objection against the order dated october 7, 2005, for restraining the auction of the property on the ground that a part of the said property has been already ..... thereafter, vide notice dated march 28, 2005, the recovery officer informed that may 17, 2005, has been fixed for drawing up the proclamation of ..... the recovery officer issued order on february 10, 2005, restraining the applicant-bank from transferring or charging ..... present application for quashing the order dated october 7, 2005, passed by the recovery officer, drt-1, delhi. .....