Court : Rajasthan Jodhpur
..... ratheesh : 2012 acj2206 while dealing with requirement of such impleadment concluded that notwithstanding the different semantics employed by the legislature in sections 140 and 163a of the act, in a claim under section 163a, the claimant has the unfettered option / choice to stake his claim against either or both (any or all) the owners / insurers of the vehicles ..... words, none of the provisions of the motor vehicles act which is in conflict with section 163- a of the act will negate the mandate contained therein (in section 163-a of the act).therefore, no matter what, section 163-a of the act shall stand on its own, without being diluted by any ..... recorded by the tribunal i.e.negligence of the truck involved and necessity to implead the driver, owner and insurer of the said truck in a application under section 163a of the act being wholly contrary to the scheme of the said provision are quashed and set-aside. ..... the brief facts of the case may be noticed thus : an application under section 163a of the act was filed by the appellants, who are wife, daughter and mother of one mohan ram @ mohan lal seeking compensation to the tune of rs.4,68,300/- with the averments that mohan ram was travelling in ..... under sub-section (1).the claimant shall not be required to plead or establish that the death or permanent disablement in respect of which the claim has been made was due to any wrongful act or neglect or default of the owner of the vehicle or vehicles concerned or of any other person. .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... and, therefore, the tax board was justified in dismissing the appeals filed by the petitioner cannot be accepted for more than one reason; firstly, the notification s.o.377 has been issued under section 8(3) of the act, which does not amend schedule-i to include the said goods under exempted category; secondly, s.o.371, which is 13 very specific in terms and issued under section 8(2).takes out the goods a.c.sheets and bricks from ..... groups and institutions, cooperative societies and individuals registered with the khadi and village industries commission or the rajasthan khadi and village industries board, who though have been exempted under section 8(3) of the act, specific condition has been prescribed that no itc shall be claimed by such dealers.learned counsel for the petitioner also relied on the background, in which, the notifications dated 09.03.2007 were issued with reference to the ..... :- notification jaipur, dated : 05.07.2006 in exercise of the powers conferred by sub- section (2) of section 8 of the rajasthan value added tax act, 2003 (act no.4 of 2003).the state government being of the opinion that it is expedient in the public interest so to do, hereby makes the following amendments in schedule-i appended to the said act, namely :- amendment in schedule-i appended to the said act, the existing expression appearing in column no.3 against s.no.60a, shall be substituted by the following expression, namely:- (1) the goods shall .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... and, therefore, the tax board was justified in dismissing the appeals filed by the petitioner cannot be accepted for more than one reason; firstly, the notification s.o.377 has been issued under section 8(3) of the act, which does not amend schedule-i to include the said goods under exempted category; secondly, s.o.371, which is 13 very specific in terms and issued under section 8(2).takes out the goods a.c.sheets and bricks from ..... groups and institutions, cooperative societies and individuals registered with the khadi and village industries commission or the rajasthan khadi and village industries board, who though have been exempted under section 8(3) of the act, specific condition has been prescribed that no itc shall be claimed by such dealers.learned counsel for the petitioner also relied on the background, in which, the notifications dated 09.03.2007 were issued with reference to the ..... :- notification jaipur, dated : 05.07.2006 in exercise of the powers conferred by sub- section (2) of section 8 of the rajasthan value added tax act, 2003 (act no.4 of 2003).the state government being of the opinion that it is expedient in the public interest so to do, hereby makes the following amendments in schedule-i appended to the said act, namely :- amendment in schedule-i appended to the said act, the existing expression appearing in column no.3 against s.no.60a, shall be substituted by the following expression, namely:- (1) the goods shall .....
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..... counsel for the petitioner contends that the offence under the criminal law amendment act 1961 is punishable with one year's simple imprisonment. ..... thereafter, the offending acts were repeated. ..... it was alleged that the petitioner's unauthorised entry into the notified area amounted to an offence under the provisions of criminal law amendment act, 1961. ..... government had issued a notification dated 12.3.1996 as per which, the areas falling within the territorial jurisdiction of police station sanchore, chitalwana and sarwana were declared as notified areas under the criminal law amendment act, 1961. ..... 11.8.2009 passed by the learned judicial magistrate 1st class, sanchore in cr.case no.560/2009 whereby the learned magistrate took cognizance against the petitioner for the offence under section 3(1)(6) of the criminal law amendment act, 1961. .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... emphasis to the words "during trial of any offence", and observed thus (para 2 of air, cri lj): the opening lines of section 20-a clearly contemplate a contingency where the discretionary jurisdiction under this act can be exercised only during the trial of any offence, that is to say, the stage at which the magistrate can exercise the discretion under this section must be before the trail has concluded ..... of the copy of invoice, the trial court is obliged to implead the manufacturer shree hari industries, bharatpur as an accused as per section 20-a of the act of 1954 but the trial court has not considered the same and illegally ordered for framing charge against the petitioner and other co-accused person only. ..... the above scrutiny of the relevant provisions reveals that the trial of the offences under the act begins when the magistrate asks the accused whether he pleads guilty or not as envisaged in section 251 of the code, if the ..... it reads thus: where at any time during the trial of any offence under this act alleged to have been committed by any person, not being the manufacturer, distributor or dealer of any article of food, the court is satisfied, on the evidence adduced before it, that such manufacturer, distributor ..... one of the differences between section 319 of the code and section 20-a of the act is that, while in the former even if it appears to the court from the evidence (either during inquiry or trial of the offence), that another person is to be tried along with the .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... arriving at a finding of fact to the effect that the insurer has been able to establish that the insured has committed a breach of contract of insurance as envisaged under sub-clause (ii) of clause (a) of sub- section (2) of section 149 of the act, the insurance company shall be entitled to realise the awarded amount from the owner or driver of the vehicle, as the case may be, in execution of the same award having regard to the provisions of sections 165 and 168 ..... in view of the law laid down by the hon'ble supreme court and the fact that in the present case the policy (exhibit-a/1) is only an act policy and the deceased even according to the case of the claimants was a gratuitous passenger in the jeep, which was a private vehicle, the finding on issue no.3 is reversed and it is held that the insurance company is not ..... in view of this, obviously the said premium could not cover the risk of passengers travelling in the said jeep in the present act only policy on payment of hire charges and, therefore, the liability to pay compensation for the deceased passenger suresh cannot be fixed on the insurance company.8. ..... order dated 18.08.2015 10 of 15 coming to the issue of non-coverage of risk of passenger on account of the policy issued by the appellant being 'act only' policy, a look at the policy (exhibit-a/1) would reveal that the said policy clearly indicates 'private car policy a liability only' and nowhere any additional premium covering risk of passenger has been recovered by .....
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..... he also submitted that clause 13 (i) (c) and (d) of the rajasthan premises (control of rent & eviction) act, 1950 (for brevity, hereinafter referred to as 'act of 1950'), which are applicable in the present case, does not permit eviction of the tenant merely by change of business unless such change or the ..... the grounds specified in section 13 is an exception to the general law enacted in the rent control act of 1950, which provides for the protection of the tenant who cannot be thrown out of the premises, unless specific and enumerated grounds are established and the court arrived at a satisfaction that such grounds ..... the considered opinion of this court, the ground of eviction in clause (d) of section 13 (i) of the act of 1950 are also not established in the present case. ..... it may be noted that clause (c) of section 13 (i) of the act of 1950, if in the opinion of the court, any construction ..... coming to clause (d) of section 13 (i) of the act of 1950, about the change of user by change of business line, much emphasis was laid by the learned counsel for the respondent/plaintiff ..... of law are answered in favour of appellant/defendant and it is held that change of business from stationery and tea to that of cloth business/std-pco, did not fall within the mischief of clause 13 (i) (d) of the act in the present case and putting up of stone slabs for carrying on or facilitating the cloth business of the tenant also did not fall within the mischief of clause (c) of section 13 (i) of the act. .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... construction suggested by shri patwalia, that the words belonging to govern general category is grammatically attractive but the suggested construction not only would defeat the main purposes of the provisions and the scheme of the act, which is to make special provisions for those with special needs, and to the understanding of the legislature when it enacted sections 10 and 18 of the 10 d.b. ..... be that at it may, neither article 243-t of the constitution nor section 10(5) of the haryana municipal act provide for any reservation to the office of the president in favour of any candidate who does not belong to schedule caste or backward class. ..... (alongwith other 3 similar matters) 1973 act. .....
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..... upon surrender of land by a land holder to the state government and giving it back or a part of it to the land holder under section 90b of the rajasthan land revenue act, 1956 is apparently in conflict with the fact of the land having been acquired by the state government for public purpose like in the present case the land having been acquired for the ..... acquired finality at the hands of hon'ble supreme court, stands deposited by the respondent uit, udaipur in the court as per the procedure given under the land acquisition act and merely because the petitioners failed to take the disbursement of compensation under the award passed in their favour, they cannot blame the state government or the uit, udaipur and ..... under the award passed under the land acquisition proceedings on 6/4/1996, therefore, in terms of various government circulars placed on record permitting such regularization under section 90b of the act, the case of the petitioners was also situated on the same footing and the respondents have not assigned any cogent reasons for such discrimination and thus, the rejection in ..... joshi appearing for the petitioners vehemently urged that the respondent secretary, uit, udaipur had grossly erred and discriminated against the petitioners while dismissing their application under section 90b of the act even though several such other applications of different applicants in respect of land situated in the total land of 4800 bighas acquired for `bhuwana extension scheme' came to be .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... upon surrender of land by a land holder to the state government and giving it back or a part of it to the land holder under section 90b of the rajasthan land revenue act, 1956 is apparently in conflict with the fact of the land having been acquired by the state government for public purpose like in the present case the land having been acquired for the ..... acquired finality at the hands of hon'ble supreme court, stands deposited by the respondent uit, udaipur in the court as per the procedure given under the land acquisition act and merely because the petitioners failed to take the disbursement of compensation under the award passed in their favour, they cannot blame the state government or the uit, udaipur and ..... under the award passed under the land acquisition proceedings on 6/4/1996, therefore, in terms of various government circulars placed on record permitting such regularization under section 90b of the act, the case of the petitioners was also situated on the same footing and the respondents have not assigned any cogent reasons for such discrimination and thus, the rejection in ..... joshi appearing for the petitioners vehemently urged that the respondent secretary, uit, udaipur had grossly erred and discriminated against the petitioners while dismissing their application under section 90b of the act even though several such other applications of different applicants in respect of land situated in the total land of 4800 bighas acquired for `bhuwana extension scheme' came to be .....
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