Court : Rajasthan Jodhpur
..... , (ii) 2010(6) scc555 up state road transport corporation versus suresh chandra sharma, (iii) 2005(3) scc254: divisional controller ksrtc versus at mane, (iv) 2006(6) scc187: divisional controller nekrtc vs.h.amaresh, (v) 2002 11 wcc (uc) 61 : the doongarpur kendriya sakakari bank ltd.versus dhirendra kumar, (vi) 2000 (1) scc416: high court of judicature at bombay versus shashikant s.patil ..... the learned counsel for the petitioner vehemently argued that it is a case in which the inquiry officer and disciplinary authority has acted contrary to law and gave finding of guilt without even recording statement of complainant kishore singh but in the fir filed by the bank the investigating officer recorded statement of complainant kishore singh and ..... also submitted that proper assistance to defend was not given to the petitioner therefore, it is obvious that the disciplinary authority has only acted malafidely upon the findings given by the inquiry officer without application of mind, therefore, the order of dismissal deserves to be quashed. ..... it is also brought to the notice of this court that managing director acted as per the recommendation of the inquiry officer without application of mind, therefore, the order impugned may ..... evidence in support of and/or about the alleged charges levelled against the appellant.likewise, the criminal proceedings were initiated against the appellant for the alleged charges punishable under the provisions of p.c.act on the same set of facts and evidence. .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... petition for writ was filed by shri kanaram burdak and then another writ petition was preferred by the firm m/s balaji marble mines with assertion that under the act of 1932 the registrar of firms is having limited powers for rectification of mistake and that could have been exercised only to remove manifest mistakes and not the disputed issues. ..... on the basis of the appeal/application filed by the petitioner questioning the entries dated 07.02.2005 and 13.10.2006 recorded in the register of firms.where there is bona fide dispute about the documents and interpretation of various laws requiring recording of evidence, the matter cannot be adjudicated under section 64 of the act which being a summary proceeding, wherein only rectification of any apparent mistakes is permissible and in such ..... no proceedings could have been initiated by the registrar for cancellation of the entry recorded in conformity with the provisions of section 63 of the act in the garb of the power conferred u/s.64 of the act for rectification of the mistakes and that too at the instance of one of the partners of the firm who is alleged to have retired ..... brief, facts of the case are that m/s balaji marble mines, makrana came to be registered as a partnership firm as per provisions of the indian partnership act, 1932 (hereinafter referred to as 'the act of 1932') with m/s mukesh kumar rinva, bhanwarlal aukna, -2- bhanwarlal choudhary, rakesh kumar dhariwal and kanaram burdak as its partners.on 25.4.2009 out of five .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... petition for writ was filed by shri kanaram burdak and then another writ petition was preferred by the firm m/s balaji marble mines with assertion that under the act of 1932 the registrar of firms is having limited powers for rectification of mistake and that could have been exercised only to remove manifest mistakes and not the disputed issues. ..... on the basis of the appeal/application filed by the petitioner questioning the entries dated 07.02.2005 and 13.10.2006 recorded in the register of firms.where there is bona fide dispute about the documents and interpretation of various laws requiring recording of evidence, the matter cannot be adjudicated under section 64 of the act which being a summary proceeding, wherein only rectification of any apparent mistakes is permissible and in such ..... no proceedings could have been initiated by the registrar for cancellation of the entry recorded in conformity with the provisions of section 63 of the act in the garb of the power conferred u/s.64 of the act for rectification of the mistakes and that too at the instance of one of the partners of the firm who is alleged to have retired ..... brief, facts of the case are that m/s balaji marble mines, makrana came to be registered as a partnership firm as per provisions of the indian partnership act, 1932 (hereinafter referred to as 'the act of 1932') with m/s mukesh kumar rinva, bhanwarlal aukna, -2- bhanwarlal choudhary, rakesh kumar dhariwal and kanaram burdak as its partners.on 25.4.2009 out of five .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... was filed by shri kanaram burdak and then another writ petition was preferred by the firm m/s balaji marble mines with assertion that under the act of 1932 the registrar of firms is having limited powers for rectification of mistake and that could have been exercised only to remove manifest mistakes and not the disputed issues. ..... is bona fide dispute about the documents and interpretation of various laws requiring recording of evidence, the matter cannot be adjudicated under section 64 of the act which being a summary proceeding, wherein only rectification of any apparent mistakes is permissible and in such matters, the proper course would b e to ..... m/s balaji marble mines, makrana came to be registered as a partnership firm as per provisions of the indian partnership act, 1932 (hereinafter referred to as 'the act of 1932') with m/s mukesh kumar rinva, bhanwarlal aukna, bhanwarlal choudhary, rakesh kumar dhariwal and kanaram burdak as its ..... learned single judge failed to appreciate that sections 64(1) and 64(2) are having different fields for operation and under section 64(1) of the act of 1932 the registrar of firms can remove the mistakes of serious nature by adopting the procedure of inquiry given under rule 13 of the rajasthan partnership rules, ..... the act, the registrar has no jurisdiction to examine the genuineness and validity of the documents produced on the basis of the appeal/application filed by the petitioner questioning the entries dated 07.02.2005 and 13.10.2006 recorded .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... 18 a husband or a wife may present a petition for nullity of marriage to the appropriate court and the court has under section 19 power to make the decree on the following grounds: "(1) that the respondent was impotent at the time of the marriage 'and at the time of the institution ..... the exception to privileged communication between husband and wife carved out in section 122 of the indian evidence act, which enables one spouse to compel another to disclose any communication made to him/her during marriage by him/her, may be available to such spouse in variety of other situations, but if such communication is a ..... the high court had opportunity to appreciate these facts and held that act of tapping itself by husband of conversation of his wife with others was illegal and it infringed right of privacy of wife and therefore, the tapes, even if true, could ..... , it is argued that section 14 of the family court act has applied provisions of indian evidence act, 1872 to the proceedings before the family court. ..... the case are that the petitioner filed a divorce petition under section 13 of the hindu marriage act, 1955 before the family court, haridwar(uttarkhand) in september, 2008. ..... right" are that the "right" is vested in a person and is available against a person, who is under a corresponding obligation and duty to respect that right and has to act or forbear from acting in a manner so as to prevent the violation of the right. ..... 2006(5) ..... , 2006 crilj 3366 and division bench judgment of this court .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... reported in (2009) 1 scc 308 took a different view and held that the expression person in charge of goods under section 78 (5) of the act was wider expression and included the owner of the goods even prior to 22.03.2002 also, however, penalty could be imposed on such owner subject to giving of opportunity of hearing ..... imposition of penalty on the owner of the goods prior to the amendment in section 78 (5) of the rst act with effect from 22.03.2002, a coordinate bench of this court earlier in the case of assistant commercial taxes officers ..... the position of law with regard to the imposition of penalty under section 78 (5) of the act is that there is no requirement in law for revenue to establish mens rea on the part of assessee in these penalty proceedings under section 78 (5) of the act, has been settled by the catena of judgments of the hon'ble supreme court and has been reiterated by the full bench of this court in a recent case decided upon a reference in the case ..... the revenue authority and it was found that the documents accompanying the goods were not in accordance with the relevant legal provisions and, therefore, thus proceedings under section 78 (5) of the rst act were initiated and a penalty of rs.43,454/- was imposed on assessee vide order dated 04.11.2000. ..... challenge being laid by the respondent-assessee by filing appeal before the learned deputy commissioner (appeals), the same was allowed vide order dated 02.12.2006, setting aside the penalty order dated 04.11.2000. .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... limits of a municipality are otherwise altered, by amalgamation of one municipality into another or by splitting up a municipality into two or more municipalities, or(d) any local area ceases to be a municipality, the state government may, notwithstanding anything contained in this act or any other law for the time being in force, by an order published in the official gazette provide ,-(i) in a case falling under clause (a), that the election of the members for the area or the additional area shall ..... of the state government represent the area excluded from the municipality shall be removed;(iii) in a case falling under clause (c), that until the term of the municipality in which another municipality is amalgamated expires under this act, the chairperson, vice-chairperson and members of such another municipality shall be deemed to be the members of the municipality in which such another municipality is amalgamated and where a municipality is split into two or more ..... various schemes implemented in the village panchayat had to be discontinued onits de-limitation as municipality and on which, the state government considered it appropriate to withdraw the notification. ..... the village, there is a land measuring 24 hectares belonging to railway department; 17 hectares for riico; 6 hectares for 132 kv ..... of the village was enclosed showing the railway line crossing napasar from the middle. ..... it is on a railway line with a railway station and bus stand of the rajasthan state road transport .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... the limits of a municipality are otherwise altered, by amalgamation of one municipality into another or by splitting up a municipality into two or more municipalities, or (d) any local area ceases to be a municipality, the state government may, notwithstanding anything contained in this act or any other law for the time being in force, by an order published in the official gazette provide ,- (i) in a case falling under clause (a), that the election of the members for the area or the additional area shall ..... the state government represent the area excluded from the municipality shall be removed; (iii) in a case falling under clause (c), that until the term of 15 the municipality in which another municipality is amalgamated expires under this act, the chairperson, vice-chairperson and members of such another municipality shall be deemed to be the members of the municipality in which such another municipality is amalgamated and where a municipality is split into two or more municipalities, ..... various schemes implemented in the village panchayat had to be discontinued on its de-limitation as municipality and on which, the state government considered it appropriate to withdraw the notification. ..... the village, there is a land measuring 24 hectares belonging to railway department; 17 hectares for riico; 6 hectares for 132 kv ..... the village was enclosed showing the railway line crossing napasar from the middle.6 ..... it is on a railway line with a railway station and bus stand of the rajasthan state .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... did not consider the fact that the central state farm is a government of india undertaking and a reference in the matter related with central state farm can be made only by the central government being the appropriate government, and as such, the reference itself is without authority of law.6. reply has not been filed to the writ petition nor has any one appeared in the said matter on behalf of the respondent ..... ram preet & ors, s.b.civil writ petition no.3047/2000 decided on 8.1.2014, set aside the award passed by the labour court, sri ganganagar holding that when a respondent-workman was employed in government of india undertaking, the appropriate government in relation to the establishment would be the central government and any reference made by the state government in this regard would be incompetent.10 ..... section 3 of the deposit insurance and credit guarantee corporation established under section 3 of the the deposit insurance and credit guarantee corporation act, 1961 (47 of 1961), or the central warehousing corporation established under section 3 of the warehousing corporations act, 1962 (58 of 1962), or the unit trust of india established under section 3 of the unit trust of india act, 1963 (52 of 1963), or the food corporation of india established under section 3, or a board of management established for two or more contiguous ..... . or by a railway company 6 [or concerning any such controlled industry as may be specified in this behalf by the central government]. 7 [***] .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... (supra), having noticed the directions of hon'ble supreme court issued in the order dated 14.7.2006, exceeded the mandate of the order issued by the hon'ble supreme court, in declaring the act to be ultra vires article 301 of the constitution of india, and to refund the entire amount of entry tax levied and collected ..... , which are pending in the hon'ble supreme court, we do not propose to extend the interim orders, and leave the {4} dbcwp no.10374/2014 and 13173/2008 parties to seek appropriate remedies, for protecting their interests. 31. ..... (supra), they have not considered it appropriate to place the orders on record of civil appeal no.3453/2002, until the ..... in the writ petition, the constitutional validity of the rajasthan tax on entry of goods into local areas act, 1999 (for short, 'the act') has been challenged on the ground that it violates freedom of trade, commerce and intercourse under article 301, not saved by article 304(b) of ..... judgment dated 21.8.2007, had after quoting the order of the supreme court on 14.7.2006, by which the issue was remitted to it, could not have finally decided the ..... required to decide the issue as the civil appeals against the earlier judgment in the same writ petition upholding the act were pending in the supreme court, alongwith other connected matters. ..... the directions in the order of supreme court dated 14.7.2006, which had not set aside the judgments of the high court and had remitted an issue for recording the findings, were clear and did not .....
Tag this Judgment!