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Judgment Search Results Home > Cases Phrase: appropriation no 3 act 2005 Court: rajasthan Page 8 of about 796 results (0.034 seconds)

Nov 11 2010 (HC)

Bd and P Hotels (India) (P) Ltd. Vs. District Judge, Jhunjhunu and ors ...

Court : Rajasthan Jaipur

..... (4) scc 481), apex court observed that if a decree being passed without considering statutory provisions barring jurisdiction of civil court, it must be subject to orders of appropriate authority in proceedings under the statute concerned; and that apart, in case a certificate being issued under special statute, against which decree of civil court cannot be executed ..... in appl.35/2009, award was passed on 15/02/2009 in favour of respondents-2 to 4 for recovery of possession & arrears of rent along with interest from the judgment debtor (respondent-5); and in terms of s.36 of arbitration act, arbitral award was considered as a decree of civil court and pursuant to decree/award, application came to be filed before learned executing court and warrant of possession was issued on 05/03/2010 - in execution whereof, possession of ..... emerge:-i)that while civil courts still remain appropriate forums and can continue to decide inter party civil rights in the cases involving civil rights of the parties like in the cases of partition, cancellation of sale deed, gift deed, right of pre-emption, redemption of mortgage etc and the bar contained in section 34 of the securitization act is not absolute and does not ..... further considered in 1988 (1) scc 681, air 2005 sc 2544 and by this court in mohanlal ..... it has come on record that on 05/07/2005, legal notice was served by the lessor (respondent-2) calling upon m/s cross country hotels (lessee) to rectify the breaches within 3 months and terminated the .....

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Aug 25 2015 (HC)

Dr.Bihari Lal Bansal Vs. State

Court : Rajasthan Jodhpur

..... is employed in such a centre, laboratory or clinic and renders his professional or technical services to or at such a centre, laboratory or clinic, whether on an honorary basis or otherwise, and who contravences any of the provisions of this act or rules made thereunder shall be punishable with imprisonment for a term which may extend to three years and with fine which may extend to ten thousand rupees and on any subsequent conviction, with imprisonment which ..... the next argument of the petitioners that the complaints against them have not been filed by the appropriate authority or by the authorized person is without any merit because in every complaint, the person, who has submitted the complaint has clearly ..... so far as the contention of the 31 petitioners that non-reaching of form-f to the appropriate authority before the fifth day of the month cannot be termed as a contravention of sub-rule (8) of rule 9 is concerned, the same is also liable to be rejected in view of the decision of coordinate bench ..... specific penalty has been provided for certain class of persons, who are referred in section 23 on contravention of any provision of the pcpndt act and the rules made thereunder, whereas no penalty has been provided for others, if they do the same and section 25 is there to ..... constitution of 'appropriate authority' under section 17 is clearly meant to ensure proper and vigorous implementation of the act; and it is expressly prescribed as one of its functions to take legal action .....

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Aug 25 2015 (HC)

Smt.Pragati Gupta and Anr Vs. State and Ors

Court : Rajasthan Jodhpur

..... is employed in such a centre, laboratory or clinic and renders his professional or technical services to or at such a centre, laboratory or clinic, whether on an honorary basis or otherwise, and who contravences any of the provisions of this act or rules made thereunder shall be punishable with imprisonment for a term which may extend to three years and with fine which may extend to ten thousand rupees and on any subsequent conviction, with imprisonment which ..... the next argument of the petitioners that the complaints against them have not been filed by the appropriate authority or by the authorized person is without any merit because in every complaint, the person, who has submitted the complaint has clearly ..... so far as the contention of the 31 petitioners that non-reaching of form-f to the appropriate authority before the fifth day of the month cannot be termed as a contravention of sub-rule (8) of rule 9 is concerned, the same is also liable to be rejected in view of the decision of coordinate bench ..... specific penalty has been provided for certain class of persons, who are referred in section 23 on contravention of any provision of the pcpndt act and the rules made thereunder, whereas no penalty has been provided for others, if they do the same and section 25 is there to ..... constitution of 'appropriate authority' under section 17 is clearly meant to ensure proper and vigorous implementation of the act; and it is expressly prescribed as one of its functions to take legal action .....

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Aug 25 2015 (HC)

Inderjeet Singh and Anr Vs. State and Anr

Court : Rajasthan Jodhpur

..... is employed in such a centre, laboratory or clinic and renders his professional or technical services to or at such a centre, laboratory or clinic, whether on an honorary basis or otherwise, and who contravences any of the provisions of this act or rules made thereunder shall be punishable with imprisonment for a term which may extend to three years and with fine which may extend to ten thousand rupees and on any subsequent conviction, with imprisonment which ..... the next argument of the petitioners that the complaints against them have not been filed by the appropriate authority or by the authorized person is without any merit because in every complaint, the person, who has submitted the complaint has clearly ..... so far as the contention of the 31 petitioners that non-reaching of form-f to the appropriate authority before the fifth day of the month cannot be termed as a contravention of sub-rule (8) of rule 9 is concerned, the same is also liable to be rejected in view of the decision of coordinate bench ..... specific penalty has been provided for certain class of persons, who are referred in section 23 on contravention of any provision of the pcpndt act and the rules made thereunder, whereas no penalty has been provided for others, if they do the same and section 25 is there to ..... constitution of 'appropriate authority' under section 17 is clearly meant to ensure proper and vigorous implementation of the act; and it is expressly prescribed as one of its functions to take legal action .....

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Aug 24 2015 (HC)

Bhupat Desai and Anr Vs. State and Ors

Court : Rajasthan Jodhpur

..... is employed in such a centre, laboratory or clinic and renders his professional or technical services to or at such a centre, laboratory or clinic, whether on an honorary basis or otherwise, and who contravences any of the provisions of this act or rules made thereunder shall be punishable with imprisonment for a term which may extend to three years and with fine which may extend to ten thousand rupees and on any subsequent conviction, with imprisonment which ..... the next argument of the petitioners that the complaints against them have not been filed by the appropriate authority or by the authorized person is without any merit because in every complaint, the person, who has submitted the complaint has clearly ..... so far as the contention of the 31 petitioners that non-reaching of form-f to the appropriate authority before the fifth day of the month cannot be termed as a contravention of sub-rule (8) of rule 9 is concerned, the same is also liable to be rejected in view of the decision of coordinate bench ..... specific penalty has been provided for certain class of persons, who are referred in section 23 on contravention of any provision of the pcpndt act and the rules made thereunder, whereas no penalty has been provided for others, if they do the same and section 25 is there to ..... constitution of 'appropriate authority' under section 17 is clearly meant to ensure proper and vigorous implementation of the act; and it is expressly prescribed as one of its functions to take legal action .....

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Aug 24 2015 (HC)

Dr.Rajendra Gupta Vs. State

Court : Rajasthan Jodhpur

..... is employed in such a centre, laboratory or clinic and renders his professional or technical services to or at such a centre, laboratory or clinic, whether on an honorary basis or otherwise, and who contravences any of the provisions of this act or rules made thereunder shall be punishable with imprisonment for a term which may extend to three years and with fine which may extend to ten thousand rupees and on any subsequent conviction, with imprisonment which ..... the next argument of the petitioners that the complaints against them have not been filed by the appropriate authority or by the authorized person is without any merit because in every complaint, the person, who has submitted the complaint has clearly ..... so far as the contention of the 31 petitioners that non-reaching of form-f to the appropriate authority before the fifth day of the month cannot be termed as a contravention of sub-rule (8) of rule 9 is concerned, the same is also liable to be rejected in view of the decision of coordinate bench ..... specific penalty has been provided for certain class of persons, who are referred in section 23 on contravention of any provision of the pcpndt act and the rules made thereunder, whereas no penalty has been provided for others, if they do the same and section 25 is there to ..... constitution of 'appropriate authority' under section 17 is clearly meant to ensure proper and vigorous implementation of the act; and it is expressly prescribed as one of its functions to take legal action .....

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Aug 11 1970 (HC)

The State of Rajasthan Vs. the Associated Stone Industries Kota Ltd. a ...

Court : Rajasthan

Reported in : AIR1971Raj128

..... on the following observations made in :-- 'where further facts require to be investigated, it may be necessary to insist upon an averment of a case under section 65, contract act in the pleading so as not to take the defendant by surprise before granting relief under section 65 of the contract act'and contended that further investigation is necessary in this case to determine compensation payable to the state and therefore relief should not be granted without insisting upon an ..... : air1959cal585 :-- 'if there were nothing else to be considered, i would for these reasons be prepared to allow the appellant to raise the question of relief under section 65 of the contract act, subject it may be to leave being given to the defendant respondent to make a claim for set off in respect of the advantage to which it in its turn would be ..... .'it was observed--'section 80 of the code provides that no suit shall be instituted against the crown or against a public officer in respect of any act purporting to be done by such public officer in his official capacity, until the expiration of two months next after notice in writing has been given, and the notice has to state ..... this court to pass an appropriate decree in that case ..... . in other words, in appropriate cases the court may grant relief to aplaintiff which he has not claimed in his notice under ..... that case parties will have to produce material to enable us to pass an appropriate decree ..... . appropriate reliefs were prayed for on .....

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Sep 22 1966 (HC)

Atma Singh and ors. Vs. State of Rajasthan and ors.

Court : Rajasthan

Reported in : AIR1967Raj239

..... shyam's case should be confined to that class of cases only where there may be no rules as regards the revision of the electoral rolls and the observations made in the supreme court case may be applied in appropriate cases to other cases where rules for the revision of electoral rolls have been framed, but there has been other fundamental breach of such rules: answer to question no. 4. ..... of a board may be questioned by an election petition on one or more of the following grounds, namely:(a) that on the date of election a returned candidate was not qualified, or was disqualified, to be chosen to fill the seat under tills act, or (b) that any corrupt practice specified in section 36 has been committed by a returned candidate or his election agent or by any other person, with the consent of a returned candidate or his election agent, or (c) that any nomination has been ..... and in such other manner as may he prescribed, make provision in respect of the following matters concerning the electoral rolls, namely: (a) the date on which the electoral rolls first prepared and subsequently prepared under this act shall come into force and their period of operation (b) the correction of any existing entry in the electoral rolls on the application of the elector concerned; (c) the correction of clerical or printing errors in the electoral ..... compliance cannot make the officer's act non est, though his order may be liable to be set aside in appeal or by resorting to any other appropriate remedy. .....

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Jul 08 1974 (HC)

Avinash Swaroop Vs. the State and anr.

Court : Rajasthan

Reported in : 1974WLN647

..... the affairs of the state, to make rules regulation the recruitment, and the conditions of service and posts until provision in that behalf is made by or under an act of the appropriate legislature under this article, and any rules so made shall have effect subject to the provisions of any such act.it is only in respect of regulating the recruitment and conditions of service of persons appointed to public service posts in connection with affairs of any state that the governor may ..... i may read article 309 of the constitution:309 recruitment and conditions of service of persons serving the union or a state-subject to the provisions of this constitution, acts of the appropriate legislature may regulate the recruitment, and conditions of service of persons appointed, to public services and posts in connection with the affairs of the union or of any state:provided that it shall be competent for the president or such ..... we are expressing no opinion as to the power of the legislature to make a retrospective provision under article 309 of the constitution wherein the appropriate legislature has been given the power to regulate the recruitment and conditions of service of persons appointed to public service and posts in connection with the affairs of the union or of any state by passing acts under ' article 309 of the constitution read with item 70 of list i of the seventh schedule or item 41 of list ii of the seventh schedule. .....

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Sep 05 2006 (HC)

Arvind Kumar Joshi Vs. State of Rajasthan

Court : Rajasthan

Reported in : RLW2006(4)Raj3149

..... that when blindness for the purpose of the act of 1995 is defined by a single provision namely section 2(b), how can the blind claiming reservation with reference to provisions of that act, be treated dis-similarly by two different appropriate governments particularly when much prior to the recruitment in question, the post of school lecturer (hindi) stood identified by one such appropriate government (government of india) which was later ..... circumstances therefore when the post of college lecturer and that too in the language subject of hindi stood identified by the government of india with reference to the provisions of section 32 of the act of 1995, much earlier than the posts in question were advertised, there was no reason not to extend the benefit of reservation to the blinds in the state of rajasthan to a lower ..... section 32 of the act of 1995 provides that appropriate governments shall identify posts, in the establishments, which ..... be given to the persons with disability has to be made by the appropriate government with reference to section 32 of the act of 1995. ..... 'appropriate government' has been defined in section 2(a) to mean (i) in relation to the central government or any establishment wholly or substantially financed by that government, or a cantonment board constituted under the cantonment act, 1924, the central government (ii) in relation to a state government or any establishment wholly or substantially financed by that government or any local authority, other .....

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