Court : Rajasthan Jodhpur
..... towards personal expenses relying on the judgment of hon'ble supreme court in the case of sarla verma versus delhi transport corporation : 2009(6) scc121 which is contrary to the scheme of section 163a and second schedule of the act as under the said provision, the compensation has to be awarded strictly in accordance with the second schedule and the schedule provides for 1/3rd deduction on account of personal expenses, which cannot be varied. ..... insurer of the pick-up van, in which the deceased and the injured were travelling, were necessary parties to the claim petition under section 163a of the act and in absence thereof, the claim petition was liable to be dismissed; though for decision of a claim under section 163a of the act, the negligence of the vehicles involved is of no consequence, but then the very fact that more than one vehicle are involved in the accident, the ..... so far as issue relating to deduction for personal expenses in an application under section 163a of the act is concerned, looking to the submissions made and meagre amount involved, keeping the said issue open to be considered by this court in an appropriate case, the same does not call for any interference in the present case. ..... the tribunal while deciding the claim petition under section 163a of the act came to the conclusion that the vehicle tractor was involved in the accident and citing certain judgments came to the conclusion that it cannot be said that the owner and insurer of the pick-up van were .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... however, a definition cannot be read in isolation and divorced from the context, other relevant definitions and provisions of the act and for giving true meaning/effect to a definition, the other provisions of the enactment as well needs to be ..... ---- by the court: these appeals under section 173 of the motor vehicles act 1988 ('the act') filed by the appellant-owner are directed against the judgment and award dated 11.12.2008 passed by the motor accident claims tribunal, bhadra ('the tribunal'), whereby, the tribunal exonerated ..... the learned counsel for the insurance company, referring to various provisions of the act submitted that if a person is having licence to drive light motor vehicle, he cannot drive a transport vehicle unless his driving licence specifically entitles him so ..... - (1) a learner's licence issued under this act shall, subject to the other provisions of this act, be effective for a period of six months from the date of ..... the form of licence under section 3 of the act and rule 16 of the rules further highlights the said distinction, wherein, when a licence to drive light motor vehicle is granted, the same specifically provides the licence to drive a motor vehicle other ..... (2) a driving licence issued or renewed 8 under this act shall,- (a) in the case of a licence to drive a transport vehicle, be effective for a period of three years: [provided that in the case of licence to drive a transport vehicle carrying goods of dangerous or hazardous nature be effective for a .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... however, a definition cannot be read in isolation and divorced from the context, other relevant definitions and provisions of the act and for giving true meaning/effect to a definition, the other provisions of the enactment as well needs to be ..... ---- by the court: these appeals under section 173 of the motor vehicles act 1988 ('the act') filed by the appellant-owner are directed against the judgment and award dated 11.12.2008 passed by the motor accident claims tribunal, bhadra ('the tribunal'), whereby, the tribunal exonerated ..... the learned counsel for the insurance company, referring to various provisions of the act submitted that if a person is having licence to drive light motor vehicle, he cannot drive a transport vehicle unless his driving licence specifically entitles him so ..... - (1) a learner's licence issued under this act shall, subject to the other provisions of this act, be effective for a period of six months from the date of ..... the form of licence under section 3 of the act and rule 16 of the rules further highlights the said distinction, wherein, when a licence to drive light motor vehicle is granted, the same specifically provides the licence to drive a motor vehicle other ..... (2) a driving licence issued or renewed 8 under this act shall,- (a) in the case of a licence to drive a transport vehicle, be effective for a period of three years: [provided that in the case of licence to drive a transport vehicle carrying goods of dangerous or hazardous nature be effective for a .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... ) 816 by observing that the court should not as a normal rule invoke the provisions of the probation of the offenders act, 1958 when the accused is convicted of the offence under section 304-a ipc in causing death of human beings by rash or ..... that the incident is of 1979 and the petitioner has remained in custody for more than 15 days, and he is suffering from the agony of protracted trial for last 35 years.therefore, benefit of probation of offenders act may be given to him or his sentence may be reduced to already undergone after enhancing the fine amount. ..... compensation under section 357(3) with a direction that the same should be paid to the person who has suffered any loss or injury by reason of the act for which the accused has been sentenced as a substitute in all circumstances for adequate sentence. ..... the law on the point as to whether the benefit of probation under the act of 1958 should be granted to the accused-convict for the offence under section 304-a ipc, has been settled by hon'ble apex court in dalbir singh versus state of harayana, 2000 (2) ..... , after hearing on charge, discharged the accused persons from the offence under section 304 ipc and for trial of offences punishable under sections {3} 279, 337, 338, 304a ipc and 53/112 m.v.act, remitted the case for trial to learned chief judicial magistrate, udaipur. ..... magistrate read over the charges for offences under sections 279, 337, 338, 304a ipc and 53/112 m.v.act for which accused persons denied and claimed trial. .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... learned counsel submitted that as per the revenue record, the land in question was in cultivatory possession of azim bux and therefore, after resumption of jagir under the jagir act, 1952, azim bux had acquired khatedari rights over the land in question and thus, the transfer made by him in favour of the petitioner cannot be said to be illegal and thus, the mutation effected in the name of ..... learned counsel submitted that even according to the respondents, the petitioner was holding cultivatory possession of the land as sub- agriculturist and therefore, after coming into force the act of 1952, for all intent and purposes, azim bux had become khatedar tenant of the land in question. ..... after a lapse of about 9 years, the tehsildar, jaitaran made an application under section 82 of the act of 1956 before the additional collector, pali, stating that the land of the deity, a perpetual minor, could not have been transferred in favour of anybody else and therefore, the mutation of the land effected in the ..... consequently, they had no right to transfer such lands, and all such transfers have to be treated as null and void, in contravention of the jagirs act 1952, and the land under such transfers to be resumed by the state. . 9. ..... this writ petition is directed against order dated 10.9.98 of the board of revenue rajasthan, whereby while accepting the reference made by the additional collector, pali under section 82 of rajasthan land revenue act, 1956 ( for short the act of 1956 . .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... , have remained as mute onlookers and as they have failed to discharge their public duty, they ought to be directed by an appropriate writ to restore the position of the land involved as it existed prior to the coming into force of the act and to quash all resolutions of the gran panchayat concerned, pattas issued by it as well as the orders granting mutation in favour of the above named persons by accepting their offer for surrender of the land in exchange of the plots ..... of the plots referred to by the petitioners as gochar land and that their names have already been mutated in respect thereof (land referred to as gochar land by the petitioners).there is a mention of the proceeding under section 91 of the act against one of the persons i.e.ruparam in which it is averred that he has been declared to be trespasser and a direction has been issued for his removal from the land in his occupation. ..... noticeably, the concerned revenue authority, as the petition discloses, has meanwhile initiated proceeding under section 91 of the act against one of the persons, namely, ruparam and therefore, the imputation of 4 indifference and inaction also is bellied thereby. ..... did accept the surrender of the land made in exchange of the gochar land by the trespassers.that meanwhile, the respondent no.3 tehsildar, pachpadra district barmer had initiated proceedings under section 91 of the rajasthan land revenue act, 1956 (for short, hereinafter referred to as the act . .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... 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 ..... 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 ..... the directions of the trial court to pay the arrears of rent and even subsequent monthly rent was not paid by him as required by section 13(4) of the act and which was not even subject matter of the order passed under section 13(3) of the act and the eviction decree could be even independently upheld on this ground and that is why the order under section 13(5) of the .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... accused beyond the said period of ninety days, extend the said period up to one hundred and eighty days: provided also that if the police officer making the investigation under this act, requests, for the purposes of investigation, for police custody from judicial custody of any person in judicial custody, he shall file an affidavit stating the reasons for doing so and ..... notwithstanding anything contained in the code, no police officer, (a) in the case of the delhi special police establishment, constituted under subsection (1) of section 2 of the delhi special police establishment act, 1946, (25 of 1946), below the rank of a deputy superintendent of police or a police officer of equivalent rank; (b) in the metropolitan areas of mumbai, kolkata, chennai and ahmedabad and ..... the investigation and getting sanction for prosecution, charge sheet was filed for the offence under sections 4,5 and 6 of the explosive substances act, 1908, sections 16, 17, 18, 18a, 18b, 19, 20 and 23 of the uap act, 1967 and sections 121, 121a, 122, 465, 468, 471 and 120b ipc and the cognizance of offence was taken by ..... government or the state government, as the case may be, knowing of a design to commit any offence under this act or has reason to believe from personal knowledge or information given by any person and taken in writing that any person has committed an offence punishable under this act or from any document, article or any other thing which may furnish evidence of the commission of such offence or .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... under orders of the registrar of firms, a 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. ..... 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 matters, the proper course would b e to have the matter adjudicated by ordinary courts of law. ..... in 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, bhanwarlal choudhary, rakesh kumar dhariwal and kanaram burdak as its partners. 3. ..... 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, 1952 (hereinafter referred to as 'the rules of 1952'). 9. .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... his grievance, which is available to him under the law, for the last 28 years and was entitled for reinstatement and the action of the appellant being in violation of sec.25-f of the act, 1947 and taking note of the judgment of the apex court, the ld.single judge arrived to a conclusion that the respondent-workman may not be entitled for reinstatement but rs.1,50,000/- would be ..... ld.single judge submits that he is in litigation for the last 28 years and after the finding has been recorded of his retrenchment being in violation of sec.25-f of the act, 1947 ordinarily the workman deserves indulgence of reinstatement along with all consequential benefits, which the ld.labour court has awarded to him under the impugned award but the ld.single judge ..... the present appellant was employer of the respondent-workman and the finding is wholly perverse and even if this court comes to the conclusion that there was a violation of sec.25-f of the act, 1947 the amount of compensation which has been awarded in lieu of reinstatement of rs.1,50,000/- by the ld.single judge under order impugned, no factual material has come on record and the ..... benefit including salary but when the writ petition came to be preferred by the present appellant, the ld.single judge confirmed the finding of fact as regards violation of sec.25-f of the act, 1947, however, looking to the fact that the respondent-workman served as a driver for the period from april, 1986 to january, 1988 and much water has flown thereafter and .....
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