Court : Rajasthan Jodhpur
..... removal passed by the disciplinary authority was in conformity with law. it is not disputed that shri s. krishnaswami, the then chairman-cum-managing director of the company acted as a disciplinary authority as well as an appellate authority when he presided over and participated in the deliberations of the meeting of the board while deciding the ..... exercise in futility. in that view of the matter, in the present case, fair play demanded that shri krishnaswami, the then chairman-cum-managing director of the company ought not to have participated in the deliberations of the meeting of the board when the board heard and decided the appeal of the appellant. . in view of ..... the appeal in the said circumstances could only be heard by the board of management sans the vice chancellor. the supreme court in amar nath chowdhury v. braithwaite & company ltd.& ors.: (2002) 2 scc290 in similar circumstances held as under:- 6. one of the principles of natural justice is that no person shall be a judge .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... removal passed by the disciplinary authority was in conformity with law. it is not disputed that shri s. krishnaswami, the then chairman-cum-managing director of the company acted as a disciplinary authority as well as an appellate authority when he presided over and participated in the deliberations of the meeting of the board while deciding the appeal ..... exercise in futility. in that view of the matter, in the present case, fair play demanded that shri krishnaswami, the then chairman-cum-managing director of the company ought not to have participated in the deliberations of the meeting of the board when the board heard and decided the appeal of the appellant. in view of ..... the appeal in the said circumstances could only be heard by the board of management sans the vice chancellor. the supreme court in amar nath chowdhury v. braithwaite and company ltd. and ors.: (2002) 2 scc 290, in similar circumstances held as under:- 6. one of the principles of natural justice is that no person shall be .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... non-use of roads is immaterial and irrelevant when the nature of the tax itself is compensatory for use of roads. it follows from sub-section (2) section 3 of the act that where a motor vehicle is not using the roads no tax is levied thereon. if any tax has been paid in relation to such ..... respondent bus operators had intimated the non-use of the vehicles to the authorities concerned or surrendered the registration certificate. in the case in hand the petitioner company raises the question as to term vehicle being applied upon the equipment.13. resultantly, we are unable to persuade our selves that the equipment in question is ..... panchna- ma was prepared wherein it was observed that the equipment in question is in fact a motor vehicle and directed the petitioner- company to appear and produce relevant documents. the peti- tioner-company filed a short reply before the authorities con- cerned annexing copies of bills of entry, invoice, commissioning certificate, while stating therein that .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... sought directions to the respondents to remove entire infrastructure and constructions raised by respondent-m/s. vish wind infrastructure limited ('the respondent company'), for setting up wind farm project and to act in accordance with the amendment made in the rules of smt.gajendra kunwar vs. state of rajasthan & ors. (s.b.civil ..... does not affect tourism in any manner and thus, the allegations levelled are absolutely unfounded and baseless. learned counsel submitted that by now the respondent company is producing 13.6 megawatts of electrial energy and rest of the production target shall be achieved within the term fixed by rajasthan renewable energy corporation ltd ..... 5 years and no extension has been granted by the state government, therefore, the plot allotted stands reverted to the state government and the respondent company now cannot proceed with the construction over the land in question. learned counsel would submit that in view of the amendment introduced by the state government .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... petitioner, mr. sandeep saruparia, submits that the learned court below has committed grave and serious jurisdictional error in not exercising powers under sub-section (1) of section 37 of the act of 1998, therefore, both the impugned orders are not sustainable. learned counsel further submits that the learned court below has failed to exercise ..... behalf, and posted the matter for evidence of the petitioner-plaintiff. subsequent to that order, petitioner submitted an application by invoking sub-section (1) of section 37 of the act of 1998 showing his readiness and willingness to pay the deficit stamp duty and penalty thereon and for prayed for impounding the document ..... , shalini shyam shetty vs. rajendra shankar patil [2010 (2) wlc (sc) civil 457 :2010. (8) scc329, and sameer suresh gupta vs. rahul kumar agarwal [2013 (9) scc374. in shalini shyam shetty, this court observed :"4. however, this court unfortunately discerns that of late there is a growing trend amongst several high courts to .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... rajpurohit and mr.vinit sanadhya for the respondent no.2 nhai reportable by the court: appellant, a company duly registered under the companies act, 1956 has laid this appeal under section 37 of the arbitration and conciliation act, 1996 (for short 'the act of 1996') to assail the impugned order dated 05.02.2011 passed by the learned additional district ..... bijnor, 1967(1) scr48921. state of rajasthan & anr. vs. bhimraj s.b.civil misc.appeal no.390/2006 alongwith bunch of cases decided on 30.10.2013 22. national highways authority of india vs. madanganj hotels s.b.civil misc.appeal no.2994/2009 decided on 06.02.2004. per contra, learned counsels for the ..... held that burden lies on claimant to prove proper, just and adequate compensation to the acquired land. in ravindra kumar gupta and company (supra) while construing the term market value . under section 23 of the act of 1894 with reference to comparable sales laid down the principles. the court held,- 6. the civil court took due notice .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... scale-i/group-a services, no such reservation of 3% has been carved out by the respondent- insurance company, the said policy cannot be said to fall foul with the mandate of sections 33 and 47 (2) of the pwd act. as far as the opportunity of entering into employment is concerned, that was definitely provided by the respondent- ..... the reservation in promotion is concerned, the issue can be viewed from the perspective of the questions that had confronted the court in civil appeal no.9096 of 2013 as set out in paragraph 24 of the order of the court which is to the following effect:24. two aspects of the impugned judgment have been challenged before ..... and in not making such appointments. shri rungta has submitted that notwithstanding the efflux of a long period of time since the act came into force and the directions of this court dated 8th october, 2013, a large number of vacancies 11 remained unfilled and even those vacancies which have been filled up constitute a negligible percentage of .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... thereafter, the dispute about certain claims were sought to be taken for arbitration and while deciding the application filed by the claimant-m/s chetak travelling agency under section 10 & 11 of the act of 1996 for appointment of arbitraror [s.b. civil misc. (arbitration) application no.70/2007]., a coordinate bench of this court has dealt with precisely ..... -19 (ii) the bg for sd shall be liable to be invoked/amount of sd is liable to be forfeited wholly or partly at the sole discretion of the company, should the contractor either fail to execute the work within the stipulated period or fail to fulfil the agreed obligations or fail to settle in full, its dues to ..... the company. -19 (v)- in the event of termination of this work as envisaged in the termination clause, managing director or his authorised nominee shall have the right to .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... 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 ..... same from the insured.4. the concept of purposive interpretation has no application to cases relatable to section 149 of the act. . 3. united india insurance company limited vs. smt.hudi (sb civil misc. appeal no.765/2010) decided on 03.12.2013 :- s.b.civil misc. appeal no.595/2000 national insurance co. ltd. vs. smt.sahidan ..... covered for any bodily injury or death under the policy of insurance. recently in the case of national insurance company limited v. balakrishnan & anr. : (2013) 1 scc731the hon'ble supreme court distinguished comprehensive/package policy from the 'act policy' and relying on the circular issued by the insurance regulatory and development authority (irda) held that .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... singh sodha, for the respondents. by the court (oral): cma no.216/2012:1. the appellants-claimants have filed the present misc. appeal under section 173 of the motor vehicles act, 1988 against the judgment and award dated 30.11.2001 passed by the learned additional district judge (fast track)-cum-motor accident claims tribunal, dungarpur ..... of the deceased chunni lal namely, smt. lalita devi.8. opposing these submissions, the learned counsel mr. tirth raj singh sodha appearing for the respondent insurer namely, national insurance company ltd. submitted that the s.b. civil misc. appeal no.216/2012. smt. lalita devi & ors. vs. bhagwan lal & ors. .... s.b. civil cross-objections ..... the established facts in accordance with law. the impugned order shows total lack of following the object and spirit of the said chapter of the motor vehicles act.11. in the circumstances of the case, the present matter deserves to be sent back for decision afresh by the learned tribunal on merits. the respective .....
Tag this Judgment!