Court : Rajasthan
Reported in : 1(1998)ACC362; 1998(2)WLC676
..... vehicle used or kept for use in the state without having paid the amount of the tax or additional tax, due in accordance with the provisions of this act in respect of such vehicle; or(b) delivers a declaration or additional declaration wherein the particulars required by or under this act, to be therein set forth, are not fully and truly stated; or(c) obstructs any officer in the exercise of the powers conferred by section 18 or fails ..... summary disposal of cases-(1) the court taking cognizance of any offence (other than an offence which the central government may by rules specify in this behalf) under this act- (i) may, if the offence is an offence punishable with imprisonment under this act; and(ii) shall, in any other case, state upon the summons to be served on the accused person that he- (a) may appear by pleader or in person; or(b) may, by a specified date prior to the ..... when the vehicle is seized on the ground of non-payment of tax, under the provisions of motor vehicles act or motor vehicle taxation act, the procedure prescribed under the motor vehicles act shall be applicable and the jurisdiction of the magistrate under section 457, cr.p.c. ..... procedure stipulates that offences under laws other than the penal code also are to be investigated inquired into, tried and otherwise dealt with in accordance with the provisions of chapter xxxiv of the code relating to 'disposal of property' are also therefore attracted in dealing with offences under the motor vehicles act.26. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1997(3)WLC589; 1997(2)WLN406
..... the plan--(1) any person who whether at his own instance or at the instance of any other person commences, undertakes or carries out development or institutes, or changes the use of any land:(a) without permission required under this act; or(b) which is not in accordance with any permission granted or in contravention of any condition subject to which such permission has been granted; or(c) after the permission for development has been duly revoked; or(d) in contravention of any ..... [1985]1scr626 , non payment of employer's contribution of the provident fund within 15 days in violation of paragraph 38 of the scheme or a similar condition specified under section 17 of the employees provident funds and miscellaneous provisions act, 1952 was held to be a 'continuing offence' looking to the nature of the contravention.it was observed as under:the question whether a particular offence is a continuing offence must necessarily depend upon the language of the statute which ..... the accused holding that the offence was committed once for all--when the work was commenced in the factory--and prosecution of the same was barred under section 514 of the act which stipulated that no person shall be liable for punishment for the offence under section 390 except within three months next after commission or discovery of such offence. ..... section 31, 32 and 33 of the act, which are relevant for our consideration are incorporated in chapter-vi under the head 'control of development and use of land included in .....
Tag this Judgment!Court : Rajasthan
Reported in : 1996(2)WLC163; 1996(1)WLN12
..... applicable to the trial court not to the appellate or revisional court yet it has to be read alongwith section 387 cr.p.c which provides that the rules contained in chapter xxvii as to the judgment of a criminal court of original jurisdiction shall apply so far as may be practicable to the judgment in appeal of a court of ..... act, and who wilfully aids in, or connives at, the contravention of any provision of this act or any rule or order made thereunder, shall be punishable with rigorous imprisonment for a term which shall not be less that ten years but which may extend to twenty years, ..... xxx xxx xxx xxx xxxxxx xxx xxx xxx xxx xxx xxx xxx xxx xxx(2) any officer on whom any duty has been imposed by or under this act or any person who has been given the custody of - (a) any addict; or (b) any other person who has been charged with an offence under this ..... can only be proved largely from the inferences drawn from acts or illegal omissions committed by the consparators in pursuance ..... filed by the accused petitioners in the case under sections 8/19 and 8/29 of the narcotic drugs and psychotropic substances act, 1985 (hereinafter referred as 'n.d.p.s. ..... act found corroboration from five forged registers of village jawanpura, amargarh, hanseda, bhaggu nagar and maghupura, therefore, it is not correct to argue that there is no corroboration to the statements recorded .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... the supreme court applied this principle in the context of a conflict between the companies act 1956 and the recovery of debts due to banks and financial institutions act, 1993 in its decision in allahabad bank v. ..... 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. ..... , 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 ..... where, however, the child is not of a description falling under the purview of chapter iv of the juvenile justice act, 2000, a hindu desirous of adopting a child continues to be under the embargo imposed by clauses (i) and (ii) of section 11 of the act of 1956. ..... state of orissa (air 2013 ori 110] 5. .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... (4) the high court may, of its own motion or otherwise, call for and examine the record of any proceeding in which the family court situate within its jurisdiction passed an order under chapter ix of the code of criminal procedure, 1973 (2 of 1974) for the purpose of satisfying itself as to the correctness, legality or propriety of the order, not being an interlocutory order, and as to the regularity of such proceeding. ..... sunder bai // 16 // 1882), the companies act, 1956 (act no. ..... sunder bai // 20 // thus, after having stated our opinion, of course, at variance with what has been observed by the learned single judge in the order dated 17.07.2013, we are of the view that for appropriate assignment and other appropriate orders, this matter ought to be placed before hon'ble the chief justice. ..... so far this court is concerned, as noticed above, this revision petition is clearly covered under clause (viii) of rule 55 of the rules of 1952 and, therefore, the directions issued by the learned single judge in the order dated 17.07.2013, to place the matter before a division bench, with great respect, cannot be considered standing in conformity with the applicable provisions of law. ..... however, this petition has been placed before the division bench in view of an order passed by a learned single judge of this court on 17.07.2013 holding that this matter is required to be registered as db petition for family courts and matrimonial matters . .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... thus noticing the necessity of speedy trial, this court directs the trial court to proceed with this case from 16.11.2013 onwards and decide the issue whether cognizance is to be taken against the accused or not and if so, for ..... in this respect, it is relevant to refer to the provisions contained in chapter xviii of the criminal procedure code whereunder section 231 it has been specifically provided that on the date fixed for examination of witnesses as provided under section 230, the session s judge should proceed ..... it is stated that now the case is fixed before the trial court on 16.11.2013 for considering as to whether any cognizance of offence is to be taken against the accused or not and if so, for ..... both the petitioners have been named as accused in case fir no.122/2013 registered at women police station, jodhpur (west), jodhpur corresponding to fir no.0/13 registered at police station kamla ..... no.8610/2013 sections 342, 376, 354(a), 506 and 509/34 of ipc and section 23, 26 of juvenile justice (care and protection of children) act 2000 and section 8 of protection of children from sexual offences act, 2012 ..... be noted with lot of satisfaction that due to initiative taken by the courts, the legislature by introducing act no.5 of 2009 had introduced section 357a by enacting victim compensation scheme. ..... falling under chapter xxiv it has been specifically stipulated as ..... and psychiatrists, rape is less a sexual offence than an act of aggression aimed at degrading and humiliating women. .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... thus noticing the necessity of speedy trial, this court directs the trial court to proceed with this case from 16.11.2013 onwards and decide the issue whether cognizance is to be taken against the accused or not and if so, for ..... in this respect, it is relevant to refer to the provisions contained in chapter xviii of the criminal procedure code whereunder section 231 it has been specifically provided that on the date fixed for examination of witnesses as provided under section 230, the session s judge should proceed ..... it is stated that now the case is fixed before the trial court on 16.11.2013 for considering as to whether any cognizance of offence is to be taken against the accused or not and if so, for ..... both the petitioners have been named as accused in case fir no.122/2013 registered at women police station, jodhpur (west), jodhpur corresponding to fir no.0/13 registered at police station kamla ..... no.8610/2013 sections 342, 376, 354(a), 506 and 509/34 of ipc and section 23, 26 of juvenile justice (care and protection of children) act 2000 and section 8 of protection of children from sexual offences act, 2012 ..... be noted with lot of satisfaction that due to initiative taken by the courts, the legislature by introducing act no.5 of 2009 had introduced section 357a by enacting victim compensation scheme. ..... falling under chapter xxiv it has been specifically stipulated as ..... and psychiatrists, rape is less a sexual offence than an act of aggression aimed at degrading and humiliating women. .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... (4) the high court may, of its own motion or otherwise, call for and examine the record of any proceeding in which the family court situate within its jurisdiction passed an order under chapter ix of the code of criminal procedure, 1973 (2 of 1974) for the purpose of satisfying itself as to the correctness, legality or propriety of the order, not being an interlocutory order, and, as to the regularity of such proceeding ..... (4) the high court may, of its own motion or otherwise, call for and examine the record of any proceeding in which the family court situate within its jurisdiction passed an order under chapter ix of the code of criminal procedure, 1973 (2 of 1974) for the purpose of notifying itself as to the correctness, legality or propriety of the order, and as to the regularity of such ..... ii of 1882), the companies act, 1956 (act no. ..... in these circumstances, it appears from the order of the learned single judge dated 17th july, 2013 that the instructions issued by hon'ble the chief justice, as reproduced above, were not brought to the notice of the learned single judge ..... the order passed by the learned single judge dated 17th july, 2013 is reproduced as under:- in this matter, all the three petitioners are being represented by their advocate mr ..... the matter was listed before the learned single judge on 15th july, 2013, arguments were heard finally and order was reserved. ..... learned single judge vide its order dated 17th july, 2013, directed that this s.b. ..... h september, 2013 hon'ble mr .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... chapter xxvi of the high court of judicature for rajasthan 1952 regulate functioning of the advocates' clerks ..... the central administrative tribunal rules enacted under the administrative tribunals act, 1985 are also having chapter xiii relating to register clerks of legal practitioner and the provisions prescribed thereunder are as follows:- 70 ..... means a person who procures or attempts to procure for any consideration from any legal practitioner or from any person acting on his behalf, the employment of such legal practitioner in any legal business, or who, for purposes of such procurement, frequents the precincts of the tribunal.71 ..... -- all -5- practicing lawyers who wish their clerks to do the above acts must register them with the presiding officer of the court giving their full names, parentage, caste and ..... chapter xxii of the general rules (civil), 1986 relates to the law clerks and as per rule 459, following are the acts to be done by the registered advocate clerks:- (1) to present applications signed by their masters for -- (a) copies, (b) return of documents, (c) repayment of deposits, (d) inspection, and (e) all applications of a routine ..... -1- sb civil writ petition no.10510/2013 rajasthan high court advocates' clerks association society, jodhpur and another versus registrar general, rajasthan high court, jodhpur & ors ..... unregistered clerk will be allowed to act on behalf of his master. ..... under the act of 2003 a fund has been established to ensure welfare of the advocates' .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1993Raj76; 1992(3)WLC314; 1992(2)WLN489
..... superseded by any appointment, notification, order, scheme, rule form or bye-law made or issued under the provisions so re-enacted and when any central act or regulation, which, by a notification under section 5 or 5a of the scheduled districts act, 1874, or any like law, has been extended to any local area, has, by a subsequent notification, been withdrawn from and re-extended to such area or any part thereof ..... state transport authority, jaipur regarding the model condition was not published as required under the proviso of clause (x) of sub-section (2) of section 72 of the new act and as such said condition could not be imposed before the expiry of two years of its publication and accordingly allowed all the writ petitions by his impugned orders ..... and re-enacted with or without modification, then, unless it is otherwise expressly provided, any appointment, notification, order, scheme, rule, form or by law, made or issued under the repealed act or regulation, shall, so far as it is not inconsistent with the provisions re-enacted, continue in force, and be deemed to have been made or issued under the provisions so re-enacted, unless and until it is ..... with model condition appears in chapter v relating to control of transport vehicles and chapter viii deals' with construction, ..... model condition appears in chapter v dealing with the ..... (iii) chapter vii of the new rules dealing with the construction, equipment and maintenance of the motor ..... chapter v of these rules .....
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