Court : Rajasthan Jodhpur
..... sought in any legal proceedings before a civil court, family court or criminal court, affecting the aggrieved person and the respondent whether such proceeding was initiated before or after the commencement of the act and any relief referred to in sub- section (1) of section 26 may also be sought for in addition to and along with any other relief that the aggrieved person may seek in such ..... singh grewal's case (supra), reveals that the question with regard to the right of the divorcee wife to maintain the petition under section 12 of the act, keeping in view various provisions of the act indicating that subsistence of the marriage is not condition precedent for maintaining the petition under section 12 did not arise for consideration of the court inasmuch as ..... order impugned in the revision petition passed by the appellate court, affirming the order passed by the trial court holding that the act of violence committed prior to coming into force of the act cannot be made basis for initiating proceedings under the act and therefore, the petitioner cannot be said to be an aggrieved person, is solely based on the decision of this court ..... reveals that a clear distinction has been drawn in the proceedings under section 12 and sub-section (2) of section 23 and the proceedings for offences under section 31 & 33 of the act, obviously, for the reason that the remedy as provided under section 12 for the reliefs to be claimed in terms of section 18 to 23 are not the penal proceedings whereas, the .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... : (2000) 7 scc618 has held that with the change in law and the notification dated 23.08.2010 issued under section 23 of the national council of teachers education act, by the ncte, which has been declared as academic authority authorised by the central government by notification, it is not legally permissible to employ the teachers who have not passed the teacher eligibility test ( tet ) ..... and school lecturer dehors the relevant recruitment rules and the eligibility criteria laid down by the ncte exercising the power under the relevant statute, the provisions of the act of 2009, and against the constitutional scheme of public employment, cannot but deemed to be illegal, arbitrary and falls foul of article 14, 21 & 21a of the constitution of india. . 11. ..... gamut of service rules and the norms laid down by the national council for teachers education ( ncte ) established under the national council for teachers education act, 1993; article 21a inserted vide constitution (eighty sixth amendment) act, 2002; the 4 enactment of the right of children to free and compulsory education act, 2009; and the judgments of hon ble supreme court in andhra kesri education society vs. ..... noticed by learned single judge, has also been accepted by the state of rajasthan by amending rules of 1996 and section 89 of the rajasthan panchayati raj act, 1994 ( act of 1994 ) by the rajasthan panchayati raj (amendment) act, 2000 after which it was no longer possible to allow any ad hoc arrangement to be continued. .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... that change in the constitution of the firm has taken place in strict adherence of law, it is detailed in the writ petition that the respondent rakesh dhariwal though solicited information under the rti act but the amount paid to him by the firm of his share for the purpose of his retirement from the firm was utilized by him and the issue relating to the [4] change in the constitution ..... 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 mistake is permissible and in such mattes, the proper course would be to have the matter ..... alteration recorded in the register of the firms [10] is in conformity with the statement made and documents produced in terms of the provisions of section 63 of the act, no proceedings for cancelling or deleting the entries already made can be initiated by the registrar in purported exercise of the power u/s. ..... rajesh joshi, have strenuously argued that powers conferred on the registrar of firms under section 64 of the act of 1932 are confined to rectification of mistakes and in guise of rectification of mistake, the registrar is ..... therefore, the controversy hovering around powers of the registrar of firms under section 64 of the act of 1932 remains no more res-integra and any other interpretation of the said provision is a sheer abmitions contention of the respondent .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... that change in the constitution of the firm has taken place in strict adherence of law, it is detailed in the writ petition that the respondent rakesh dhariwal though solicited information under the rti act but the amount paid to him by the firm of his share for the purpose of his retirement from the firm was utilized by him and the issue relating to the [4] change in the constitution ..... 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 mistake is permissible and in such mattes, the proper course would be to have the matter ..... alteration recorded in the register of the firms [10] is in conformity with the statement made and documents produced in terms of the provisions of section 63 of the act, no proceedings for cancelling or deleting the entries already made can be initiated by the registrar in purported exercise of the power u/s. ..... rajesh joshi, have strenuously argued that powers conferred on the registrar of firms under section 64 of the act of 1932 are confined to rectification of mistakes and in guise of rectification of mistake, the registrar is ..... therefore, the controversy hovering around powers of the registrar of firms under section 64 of the act of 1932 remains no more res-integra and any other interpretation of the said provision is a sheer abmitions contention of the respondent .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... counsel for the respondents, the private respondents submitted application to the divisional irrigation officer for transfer of existing water cours.in accordance with sub-section (1) of section 23 of the act of 1954 and the divisional irrigation officer after holding necessary inquiry found the transfer necessary for the better management of the irrigation, thus, passed the order dated 8.2.2008. ..... even by assuming that the procedure adopted was in consonance with the provisions of the act of 1954, then too the collector while exercising authority under section 24 of the act should have given adequate reasons for not accepting the objections raised by the petitioner. ..... suffice to mention that the collector under section 24 of the act of 1954 exercises quasi judicial powers and, therefore, he is supposed to ..... of existing water cours.under sections 22 and 24 of the act of 1954 is quite different. ..... as per section 22 of the act of 1954, the divisional irrigation officer after receiving an application and after publishing te notice in this regard would have conducted an inquiry only to ascertain truthfulness of the statements in the ..... treat the memo of objections as a petition under section 24 of the rajasthan irrigation and drainage act, 1954 (hereinafter referred to as 'the act of 1954'). ..... desired by the private respondents was supposed to be considered by the collector, hanumangarh and the concerned divisional irrigation officer in accordance with sections 23 and 24 of the act of 1954. .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... 14th september, 2006 issued under sub-rule (3) of rule 5 of the environment (protection) rules, 1986 and sub-section (1) and clause (v) of sub-section (2) of section 3 of the environment (protection) act, 1986, in supersession of its earlier notification dated 27th january, 1994, except in respect of things done or omitted to be done before such supersession, directed that on and from the date of its publication ..... is the classic example, in which the state of rajasthan despite the notification issued by the moef under the environment (protection) rules, 1986 made under the environment (protection) act, 1986 and the directions issued by the supreme court in deepak kumar's case, has found its way in the purported compliance of the order in deepak kumar's case ..... 2015) had an occasion to consider the application filed by the national green tribunal bar association under sections 14 and 15 read with sections 18(1) and 18 (2) of the national green tribunal act, 2010, alleging rampant illegal sand mining in the yamuna riverbed in violation of the directions issued by the supreme court in deepak kumar v/s state of haryana ((2012) 4 scc629 and ..... 19628-19629/2009 passed order dated 27.02.2012 and directed to frame necessary rules within six months under section 15 of the mines and minerals (development and regulation) act, 1957 taking into consideration the recommendations made by ministry of environment and forest in its report of march 2010 and the model guidelines framed by the ministry of .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... conducted and the drawing of the panchnama on 13.04.1999 was an empty formality and was executed merely for the purpose of vacating the restraint order issued on 03.02.1999, when a restraint order under section 132(3) of the act was passed in respect of an almirah in the last bed room of residence of assessee and subsequently the search party visited the residence of the asseesee on 13.04.1999 and withdrew the 6 prohibitory order under section 132(3) ..... ---- by the court: this appeal under section 260a of the income tax act, 1961 ['the act'] has been preferred by the revenue aggrieved against order dated 12.09.2012 passed by the income tax appellate tribunal, jodhpur bench, jodhpur ['the tribunal'], whereby, the appeal preferred by the department against order ..... the said date of search, one almirah was sealed by passing the 4 prohibitory order u/s 132(3) of the act on 03.02.1999 and the said prohibitory order was lifted on 13.04.1999. ..... it was submitted that the explanation-2(a) to section 158be of the act was not properly construed, which has resulted in passing of the ..... the assessee preferred appeal before the cit(a), which was allowed on the 2 cit(a) coming to the conclusion that the block assessment order was not passed within the time limit prescribed in the act and, therefore, the same was treated as time barred. ..... it has to be held that the said block assessment order was not passed within the time limit prescribed in the act and, therefore, has to be treated as time barred. .....
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..... in view of the fact that the act envisage independent proceedings under section 24 of the act read with section 23 of 3 the act, the tribunal was justified in coming to the conclusion that the nature of application for repair of the premises filed by the petitioner was not maintainable in proceedings under section 9 of the act. ..... section 24 of the act envisage that where the landlord neglects to undertake essential repairs despite notice by the tenant, the tenant has a liberty to move before the tribunal for permission to undertake the repairs.sub-section (2) of section 24 of the act provides that provisions of sub-sections (2). ..... after hearing the parties, the tribunal came to the conclusion that the petition seeking repair of the premises could be filed under section 24 of the rent control act, 2001 (for short 'the act') and the same was not maintainable under the pending proceedings under section 9 of the act. ..... (3) and (4) of section 23 of the act envisage filing of an independent application before the tribunal, issues of notice, power of tribunal to pass interim orders and conduct of proceedings in a summary nature. ..... (3) and (4) of section 23 of the act apply to the proceedings under section 24. .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... was not 2 decided on merits and was dismissed as not pressed on 08.04.2005; the rent control act, 2001 ('the act of 2001'), which came into force on 25.02.2003 and where after rajasthan rent control (second amendment) act, 2005 ('the act of 2005') came into force on 22.02.2006 and the act of 2001 was made applicable to all municipalities and, therefore, the suit filed by the plaintiff under ..... , 2005 # 2 3 " a bare reading of the said notification would reveal that the same has been issued under sub-section (2) of section 1 of the act of 2005 for bringing into force the act of 2005 only and as held by this court in the case of rampal (supra) for making applicable the act of 2001 to a particular municipality, a notification under section 1 (2) of the act of 2001 would be necessary, therefore, the plea raised by the petitioner in this regard has no basis. ..... may quote the provisions of sub-section (2) of section 1 of the act of 2001, which read as under:- (2) it shall extend in first instance to such of the municipal areas which area comprising the district headquarters in the state and later on to such of the other municipal areas having a population exceeding fifty thousand as per 1991 census as the state government may, by notification in the official gazette, specify ..... in the new rent control act, 2001, being rajasthan rent control (second amendment) act, 2005, whereby in sub-section (2) of section 1, the expression having a population exceeding fifty thousand as per 1991 census . .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... of each assessment year falling within six assessment years referred to in clause (b), in the prescribed form and verified in the prescribed manner and setting forth such other particulars as may be prescribed and the provisions of this act shall, so far as may be, apply accordingly as if such return were a return required to be furnished under section 139; (b) assess or reassess the total income of six assessment years immediately preceding the assessment year relevant to the previous ..... of the provision alongwith the purpose and purport of the said provision, which is intricately linked with search and requisition under sections 132 and 132a of the act, it is apparent that: (a) the assessments or reassessments, which stand abated in terms of ii proviso to section 153a of the act, the ao acts under his original jurisdiction, for which, assessments have to be made; (b) regarding other cases, the addition to the income that has already been assessed, the assessment ..... several incriminating documents were recovered from the residential premises of such partners/directors and from business premises of the firms/companies of the group; notice under section 153a of the act was issued on 05.10.2004 for filing of return within 35 days of receipt of the notice, which was served on 12.10.2004; in compliance to this notice, return declaring income of 'nil' was filed on 07.04.2005. .....
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