Court : Rajasthan Jodhpur
..... the court held: "law is well settled that it is the substance and not the form which is to be looked in to by a court of law while deciding any lis and appropriate relief to which a party may be entitled to should not be withheld on the technical ground that the nomenclature of an application has been made wrongly. ..... section 41 of the act of 2000 as amended by act no.33 of 2006 reads as under: 41. ..... state council for child welfare, who in an evasive manner only stated in their report in one line that the petitioner no.2 is not eligible to adopt two girl children under section 11 of the hindu adoption and maintenance act, 1956 and relying upon which the learned district judge mechanically held that section 11 is a bar for the petitioner no. ..... acharya, therefore, submits that in case of adoption of orphaned, abandoned or surrendered children, the power envisaged under section 11 (i) and (ii) of the act of 1956 cannot be cited as an embargo for the hindu having biological child of alike gender from adopting the child of same gender. dr. ..... darshana gupta, has laid this appeal under section 52 of the juvenile justice (care and protection of children) act, 2000 (for short, act of 2000) read with order 43 rule 1 of the code of civil procedure, 1908 (for short, cpc) to assail the impugned order dated 18th december 2014, passed by learned district judge, udaipur (for short, 'learned court .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... inasmuch as the parties are already before the civil court, we deem it proper to let the civil suit be decided and therein appropriate interim order be passed taking care of the grievances of the parties by making such arrangement as may remain in operation during the hearing of the civil ..... the civil court, in our opinion, would be the most appropriate forum to take care of such grievances and pass such interim order as would reasonably protect the interests of both the ..... as pointed out in sachida nand singh after preparing a forged document or committing an act of forgery, a person may manage to get a proceeding instituted in any civil, criminal or revenue court, either by himself or through someone set up by him and simply file the document in the said ..... into consideration the controversy therein and in respect of section 630 of the companies act, it was held that the judgment of the civil court will prevail. ..... enlarged interpretation to section 195 (1) (b) (ii), whereby the bar created by the said provision would also operate where after commission of an act of forgery the document is subsequently produced in court, is capable of great misuse. ..... is in the given facts and circumstances in reference to application of section 630 of the companies act and not in regard to the allegation criminality by an act or omission. ..... 15670 of 2006 is allowed ..... issue in the case of vm shah's was in reference to section 630 of the companies act, 1956. ..... case as well as sections 40 to 43 of the evidence act. .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... in view of above, before adjudicating the controversy finally, i deem it appropriate to grant one opportunity to the respondent department to consider the candidature of petitioners for regularization in the light of rule 6(3) clause 3 of the rules of 1998 because petitioners are ready to forego their backwages. ..... shri m.r.singhvi learned sr.counsel vehemently contended on behalf of the petitioners that the act of the respondents in not considering the petitioners for being screened under rule 6(3)(iii) of the rules is highly arbitrary and unreasonable. ..... when the matter was being heard finally, learned counsel sought to withdraw the writ petition to the extent of the petitioner no.5 babu singh chouhan for pursuing other appropriate legal remedy. ..... any other appropriate writ, order or direction, {2} s.b. ..... he submitted that though the appointment of the petitioners was cloaked as a contractual appointment but as a matter of fact it was nothing but a regular appointment after due selection by the coordinator cum project director, who was acting as an extension of the state government. ..... uma devi, reported in (2006) 4 scc1and {13} s.b. .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... which is now sought to be raised and was raised before the lower appellate court also is that the order dated 16/1/2001 determining the provisional rent under section 13(3) of the act was illegal and nonest order because as per the proviso to section 13(3) of the act of 1950, the determination of the rent could not go beyond the period of three years as rest of the arrears of rent was barred by the law of limitation and, ..... defence was struck off by the learned trial court vide order dated 12/7/2002, which was upheld upto high court, but even otherwise also, the provisions of section 13(4) of the act, which mandated the tenant to pay the rent determined under section 13(3) of the act and also to pay monthly rent thereafter regularly and that monthly rent having not been paid by the defendant tenant, the mandatory requirement ..... of act under section 13(4) was not complied with and the order passed under section 13(5) of the act striking down the defence was bound to result in an eviction decree against the tenant and now at this stage, no substantial question of law can be said to be arising to examine the validity ..... it will be appropriate here to quote ..... 27/2004, which was also rejected by this court on 31/1/2006 and thus, the order striking off the defence of the tenant was upheld upto the high court and consequently, the eviction decree was .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... we do not find any substance in the contention of the counsel appearing for the corporation that the judgment in secretary, state of karnataka v/s uma devi (2006 (4) scc1, providing that all appointments in public services should be made serving the principles of 8 equality under articles 14 and 16 of the constitution of india, would in any way deny the appellants the benefit of the principles of equity in ..... in our view, therefore, it would not be appropriate now to revert the respondent to the post of accountant for very short period. ..... date of judgment::- 8.1.2015 present hon ble acting chief justice sunil ambwani hon ble miss justice jaishree thakur dr.nupur bhati ) mr.ravindra singh ) mr.n.s.charan )-for the appellants mr.rahul bhati ) mr.vikas bijarnia ) mr.harish purohit for the respondents. ..... considerable substance in the argument of learned counsel appearing for the appellants that having received the complaints on 13.6.2013, prior to the issuance of appointment letters of the appellants-petitioner dated 26.6.2013, the corporation did not act promptly in getting the complaints examined. ..... neeraj awasthi (2006) 1 scc667.23. .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... we do not find any substance in the contention of the counsel appearing for the corporation that the judgment in secretary, state of karnataka v/s uma devi (2006 (4) scc1, providing that all appointments in public services should be made serving the principles of 8 equality under articles 14 and 16 of the constitution of india, would in any way deny the appellants the benefit of the principles of equity in ..... in our view, therefore, it would not be appropriate now to revert the respondent to the post of accountant for very short period. ..... date of judgment::- 8.1.2015 present hon ble acting chief justice sunil ambwani hon ble miss justice jaishree thakur dr.nupur bhati ) mr.ravindra singh ) mr.n.s.charan )-for the appellants mr.rahul bhati ) mr.vikas bijarnia ) mr.harish purohit for the respondents. ..... considerable substance in the argument of learned counsel appearing for the appellants that having received the complaints on 13.6.2013, prior to the issuance of appointment letters of the appellants-petitioner dated 26.6.2013, the corporation did not act promptly in getting the complaints examined. ..... neeraj awasthi (2006) 1 scc667.23. .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... we do not find any substance in the contention of the counsel appearing for the corporation that the judgment in secretary, state of karnataka v/s uma devi (2006 (4) scc1, providing that all appointments in public services should be made serving the principles of 8 equality under articles 14 and 16 of the constitution of india, would in any way deny the appellants the benefit of the principles of equity in ..... in our view, therefore, it would not be appropriate now to revert the respondent to the post of accountant for very short period. ..... date of judgment::- 8.1.2015 present hon ble acting chief justice sunil ambwani hon ble miss justice jaishree thakur dr.nupur bhati ) mr.ravindra singh ) mr.n.s.charan )-for the appellants mr.rahul bhati ) mr.vikas bijarnia ) mr.harish purohit for the respondents. ..... considerable substance in the argument of learned counsel appearing for the appellants that having received the complaints on 13.6.2013, prior to the issuance of appointment letters of the appellants-petitioner dated 26.6.2013, the corporation did not act promptly in getting the complaints examined. ..... neeraj awasthi (2006) 1 scc667.23. .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... we do not find any substance in the contention of the counsel appearing for the corporation that the judgment in secretary, state of karnataka v/s uma devi (2006 (4) scc1, providing that all appointments in public services should be made serving the principles of 8 equality under articles 14 and 16 of the constitution of india, would in any way deny the appellants the benefit of the principles of equity in ..... in our view, therefore, it would not be appropriate now to revert the respondent to the post of accountant for very short period. ..... date of judgment::- 8.1.2015 present hon ble acting chief justice sunil ambwani hon ble miss justice jaishree thakur dr.nupur bhati ) mr.ravindra singh ) mr.n.s.charan )-for the appellants mr.rahul bhati ) mr.vikas bijarnia ) mr.harish purohit for the respondents. ..... considerable substance in the argument of learned counsel appearing for the appellants that having received the complaints on 13.6.2013, prior to the issuance of appointment letters of the appellants-petitioner dated 26.6.2013, the corporation did not act promptly in getting the complaints examined. ..... neeraj awasthi (2006) 1 scc667.23. .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... we do not find any substance in the contention of the counsel appearing for the corporation that the judgment in secretary, state of karnataka v/s uma devi (2006 (4) scc1, providing that all appointments in public services should be made serving the principles of 8 equality under articles 14 and 16 of the constitution of india, would in any way deny the appellants the benefit of the principles of equity in ..... in our view, therefore, it would not be appropriate now to revert the respondent to the post of accountant for very short period. ..... date of judgment::- 8.1.2015 present hon ble acting chief justice sunil ambwani hon ble miss justice jaishree thakur dr.nupur bhati ) mr.ravindra singh ) mr.n.s.charan )-for the appellants mr.rahul bhati ) mr.vikas bijarnia ) mr.harish purohit for the respondents. ..... considerable substance in the argument of learned counsel appearing for the appellants that having received the complaints on 13.6.2013, prior to the issuance of appointment letters of the appellants-petitioner dated 26.6.2013, the corporation did not act promptly in getting the complaints examined. ..... neeraj awasthi (2006) 1 scc667.23. .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... we do not find any substance in the contention of the counsel appearing for the corporation that the judgment in secretary, state of karnataka v/s uma devi (2006 (4) scc1, providing that all appointments in public services should be made serving the principles of 8 equality under articles 14 and 16 of the constitution of india, would in any way deny the appellants the benefit of the principles of equity in ..... in our view, therefore, it would not be appropriate now to revert the respondent to the post of accountant for very short period. ..... date of judgment::- 8.1.2015 present hon ble acting chief justice sunil ambwani hon ble miss justice jaishree thakur dr.nupur bhati ) mr.ravindra singh ) mr.n.s.charan )-for the appellants mr.rahul bhati ) mr.vikas bijarnia ) mr.harish purohit for the respondents. ..... considerable substance in the argument of learned counsel appearing for the appellants that having received the complaints on 13.6.2013, prior to the issuance of appointment letters of the appellants-petitioner dated 26.6.2013, the corporation did not act promptly in getting the complaints examined. ..... neeraj awasthi (2006) 1 scc667.23. .....
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