Court : Rajasthan
Decided on : Jan-07-2002
Reported in : 2002CriLJ1619
..... there is no evidence that the packets were resealed.9. i find that there is no compliance of section 57 of the act as well. the s.h.o. has orally stated that the detailed report was sent to the higher police officials. but there ..... unacceptable.8. in a case of recovery the s.h.o. has to seal the material with his personal seal and under section 55 of the act the packets are to be resealed by the seal of the police station at the time of their deposit in the 'malkhana.' ..... .15 p.m. the accused appeared at the place of the 'nakabandi' and was stopped. he was given the option under section 50 of the said act to get himself searched in the presence of a magistrate or some gazetted officer, if he so liked. he, however, agreed to ..... of discharge was passed in respect of the co-accused-lal singh on 3-8-1999 and a charge under section 8/18 of the n.d.p.s. act was framed against the appellant. he pleaded not guilty. as many as twelve witnesses were examined by the prosecution .....
Tag this Judgment!Court : Rajasthan
Decided on : Jan-11-2002
Reported in : [2002(93)FLR562]; (2002)IILLJ342Raj; 2002WLC(Raj)UC195
..... respondent is an employee of the erstwhile rajasthan state electricity board (in short 'rseb' hereinafter). he had approached the labour court under sec0tion 33-c(2) of the industrial disputes act. his application was decided by the labour court which found in favour of the employer that the workman was not entitled to grant of advance increment of rs. 10/- on .....
Tag this Judgment!Court : Rajasthan
Decided on : Feb-07-2002
Reported in : 2002(2)WLC391; 2002(5)WLN136
..... , j, as they then were) dealing with selfsame ummed bhawan palace's matter as to the exemption claimed by the petitioner's father maharao bhim singh under section 10(19a) of the it act for the assessment years 1973-74, 1974-75, 1975-76, 1976-77 & 1977-78 in cit v. maharao bhim singh (4) held as under:-'so ..... rs. 14,13,127/- have been deducted during joint survey carried out by this office technical staff with your representative during feb. 95, it was found that army authorities at kota are in possession of 903.323 acres (902.187 acres of maharaja land plus 1.136 acres of state government land) only against 918.26 acres ..... the annual value whereof was exempt from income tax before the commencement of the constitution (twenty- sixth amendment) act, 1971, by virtue of the provisions of the merged states (taxation concessions) order, 1949, or the part-b states (taxation concessions) order, 1950, or, as the case may be, the jammu & kashmir (taxation concessions) order, 1958:provided that for .....
Tag this Judgment!Court : Rajasthan
Decided on : Feb-11-2002
Reported in : II(2002)DMC129
..... to sustain herself as she was totally dependent on the income from the husband, she was entitled to award of maintenance, litigation and other expenses as per section 24 of the act.8. keeping in view the facts and circumstances of the case, we direct the petitioner to comply with the impugned order dated 11th june, 2002 passed by ..... the case direct to award the interim maintenance during pendency of proceedings. prima facie, we are of the view that at this stage since the requirements of section 24 of the act are fully established, it would not be proper for us to interfere with the findings recorded by the family court. the findings are well reasoned and not ..... money. it is under the aforesaid-circumstances, the interim award has been passed under section 24 of the hindu marriage act, 1955 (for short 'the act'), aggrieved by which the present appeal has been preferred.4. be that as it may, under section 24 of the act there is no bar to the wife, who files the divorce petition before the .....
Tag this Judgment!Court : Rajasthan
Decided on : Feb-18-2002
Reported in : 2002(4)WLC67; 2003(2)WLN298
..... 2001) 1 scc 516. the supreme court has made a distinction between the case of order passed under section 17 of the central administrative tribunal act and section 19 of the act. where the tribunal exercises its jurisdiction under section 17 of the act of 1985, it is exercised as a tribunal in addition to high court and not as a substitute ..... under reference was captioned as under:appointment of distt. govt. counsel civil court sriganganagar for defence of land reference cases arising out of acquisition of land for army at suratgarh on behalf of union of india and others.55. in pursuance of this letter of 14.10.1993 the district collector communicated to the govt. ..... a result, we on merit of this appeal do not find that the learned single judge has committed any error in rejecting the application under section 5 of the limitation act by holding that the appellants have failed to show any sufficient cause which could prevent it from filing the appeal within limitation.60. the aforesaid .....
Tag this Judgment!Court : Rajasthan
Decided on : Feb-27-2002
Reported in : 2002(3)WLN361
..... his own independent decision.8. in ramesh chand bansal and ors. v. district magistrate/collector, ghaziabad and ors. : [1999]3scr462 in the context of the section 47-a of the stamp act the supreme court held that circle rate fixed by collector are not final and they are only by way of guidelines to the registering authorities. further, the supreme ..... our view this limitation placed by rule 59-b on the power of the collector, i.e., the assessing authority contained in section 47-a(2) of the act is totally contrary to the provisions of the act. the act leaves the matter entirely to the judgment of the collector, while rule 59-b takes away the decision making power from the ..... appellants argued that the rule 59- b of the rajasthan stamp rules, 1955 lays down limitation on the power of the collector given to him under section 47-a(2) of the stamp act and, therefore, is ultra vires the said provision. rule 59-b requires the collector to assess the market value of a property on the basis of .....
Tag this Judgment!Court : Rajasthan
Decided on : Mar-15-2002
Reported in : 2003(2)ARBLR613(Raj); 2002CriLJ4172; RLW2003(2)Raj955; 2002(3)WLN637; 2002(3)WLN637
..... on 7.5.2001 when the award was passed, which was subsequently accepted by the parties by a joint letter dated 21.9.2001. under section 34(1) of the arbitration and conciliation act, 1996, a party feeling aggrieved has to move an application for setting aside the award but if no such application is made and the ..... the other hand, all the parties concerned accepted the same. in these circumstances, the additional district magistrate (city), bikaner had no authority to pass an order under section 146 of the criminal procedure code because such an order of attachment can be passed if rights of the parties were yet to be determined by a competent court. in the ..... lal and gora ram in the court of additional district magistrate (city), bikaner with a prayer that the property in dispute may be ordered to be attached under section 146 of the criminal procedure code. the court ordered to issue notice to the parties. both the sides appeared and filed their respective claims in the said court.5. the .....
Tag this Judgment!Court : Rajasthan
Decided on : Apr-05-2002
Reported in : 2002(3)WLC471
..... the accused, who denied the charges and claimed to be tried. the prosecution examined as many as 27 witnesses and exhibited 50 documents. in the explanation under section 313 cr.p.c. the accused claimed innocence and stated that they were falsely implicated. four witnesses in defence were examined by the accused and 10 documents were ..... of prem shanker, yogesh and shatrughan as unfolded during the course of incident demonstrates that all the three had common intention which animated them to commit a criminal act in furtherance of such intention. from the evidence it is established that there was a premeditated concert to kill govind. prem shankar pulled govind out of the ..... find witness who has not made any embellishment or exaggeration and therefore, in such case court would be justified in separating the chaff from the grain and then act upon the grain. but where the evidence consists of only chaff, as in the present case, question of separating chaff from the grain would not arise. then .....
Tag this Judgment!Court : Rajasthan
Decided on : Apr-05-2002
Reported in : 2003(85)ECC774
..... laid down, in the facts and circumstances of this case, i do not find any merit or reasonable ground to suspense the impugned sentence as provided under section 37 of the ndps act. accordingly this third application no. 481/2001 is dismissed. consequently 2nd application nos. 330/2000, & 1st application no. 310/99, which the registry ..... them as a matter or right, rather the apex court laid much emphasis that power of suspension of sentence must be exercised within parameters of section 37 of the act. the apex court as regards parole held that parole is not a suspension of the sentence and the grant of parole is essentially an executive ..... parole did not amount to the suspension, remission or commutation of sentences which would be withheld under the garb of section 32a of the narcotic drugs and psychotropic substances act. notwithstanding the provisions of the offending section, a convict is entitled to parole, subject however, to the conditions governing the grant of it under the statute, .....
Tag this Judgment!Court : Rajasthan
Decided on : Apr-17-2002
Reported in : RLW2003(1)Raj216; 2002(3)WLN653; 2002(3)WLN653
..... the person concerned an opportunity to show cause against the order of discharge.13. the next question which arises for consideration is whether compliance of section 22 of the army act, 1950 and rule 13 of the army rules, 1954 have been made in this case or not since it is a case of discharge?14. show cause notice dated 10.1.91 ..... government.' 8. a bare perusal of section 20 of the army act, 1950 and rule 17 of the army rules, 1954 would reveal that section 20 of the army act is confined in the case of dismissal or removal or reduction and rule 17 of the army rules, 1954 provides the procedure for such act and thus section 20 of the army act, 1950 and rule 17 of the rules of ..... notice failing which it would be presumed that there was nothing to say in this regard and an action would be taken in terms of section 20 of the army act, 1950 read with rule 13 of the army rules, 1954 (hereinafter referred to as the rules of 1954). (x) though the petitioner was served with a show cause notice and 30 .....
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