Court : Rajasthan Jaipur
..... in violation of art.14 of constitution of india. this court certainly finds substance that if selections are based either on merit assessed through competitive examination or on academic records; however, preference to additional qualifications would mean when other things being qualitatively and quantitatively equal then those with additional ..... recognised by government. there shall be no distinction between laboratory technician and malaria technician. the cadre will be redesignated as laboratory technician only. further amendment has been made vide notification dt.25/07/1995 ad infra : s.no. name of post source of recruitment with percentage direct recruitment/ ..... of apex court in state of uttar pradesh v. deepak fertilizers & petrochemical corporation ltd (2007 (10) scc 342). counsel for petitioners further urged that the statutory authority under all india council for technical education act, 1987 only recognizes such institutions which are imparting 2-years' diploma lab. tech. with .....
Tag this Judgment!Court : Rajasthan Jaipur
..... owner of such secured asset. the other relevant provision is section 17 included in chapter iii is quoted ad infra for a better understanding of the scheme of the act after the amendments effected:17. right to appeal.-(1) any person (including borrower), aggrieved by any of the measures referred to in sub-section (4) of section 13 taken ..... in the mardia chemicals ltd.'s case (supra) itself and also by virtue of the amendments effected to sections 13 and 17 of the principal act. the liberty given by the learned single judge to the appellants to resist s.a.no.104 of 2007 preferred by the respondents before the drt on all aspects was duly upheld by the division ..... adjudicated by civil court unless the parties have a recourse to any other informal forum of resolution of the dispute by choice. the scheme of the sarfaesi act as it now stands after the 2004 amendment for enforcement of security interest is that notwithstanding the provisions of section 69 or section 69-a of the transfer of property .....
Tag this Judgment!Court : Rajasthan Jaipur
..... general rule whereunder the hearsay evidence becomes admissible within the provisions of section 6. the statements here as forming part of res gestae are contemporaneous with the acts and there is no interval which allows any fabrication. as discussed supra, the principle aptly applies in the present case.73. thus from the above statements ..... darji was being beaten in raju singhs room, he heard radhey shyam saying ?? ???? ?? ????.69. the narration given by pw-14 with regard to the different acts, movements, discussion of the accused and also of head constable tripathis assistance to the accused persons, is corroborated by the statements of pw-17 jiyauddin and pw- ..... for causing such death.13. sh.mathur argued that the prosecution should establish by link evidence that radhey shyam darji had actually died because of the acts of the appellants without which there can be no conviction for an offence under section 302 ipc.14. elaborating this contention, learned counsel further argued that .....
Tag this Judgment!Court : Rajasthan Jaipur
..... council and board of management by circulation. the approval of the members of academic council and board of management had been received. therefore, please find herewith the amended ordinance duly approved by the academic council and board of management members for your necessary action.10. on the basis of above, it was contended by the ..... order on account of the reasons stated therein namely; that prima facie it appeared that the admissions were being made after reserving 10% of the seats without amendment in the ordinance of the university. the learned single judge also raised a query as to whether the course of super- specialty being of higher education, ..... by rotation in super-specialties courses in medical.7. while the matter was heard, learned additional advocate general was asked to explain as to without making amendment in statue of university, an administrative order can provide earmarking of the seats because it was admitted by learned additional advocate general that it is not a .....
Tag this Judgment!Court : Rajasthan Jaipur
..... for minimum pay of the pay scale of the post immediately following the date of successful completion of probation period; in such circumstances, in terms of amendment notification, the petitioners on having completed probation period are entitled to get regular pay scale and denial whereof and continuing them on the consolidated salary are in ..... them and circular dt.13/08/2008 has been issued by state government also to this effect. counsel further submits that an amendment was made in rajasthan services rules, 1951 vide rajasthan serviced (amendments) rules, 2006 by inserting proviso to rule 24, making it effective from 20/01/2006, as per which an incumbent ..... after completion of two years' period of probation, that makes the incumbent entitled for regular pay scale and that apart, amendment in rsr has been made by state government vide rajasthan service (amendment) rules, 2006 and it appears to be reasonable that once incumbent has completed period of probation, is entitled for regular .....
Tag this Judgment!Court : Rajasthan Jaipur
..... a person operating any industrial plant in any air pollution control area immediately before the commencement of section 9 of the air (prevention and control of pollution) amendment act, 1987 (47 of 1987), for which no consent was necessary prior to such commencement, may continue to do so for a period of three months from ..... .03.2008, the petitioner claims that it had been running its unit in accordance with the requirement of the air (prevention and control of pollution) act, 1981 ('the act', for short), and according to the conditions imposed by the board. however, the district collector, bharatpur had constituted a committee for inspecting the various ..... mumbai & ors. [(1998) 8 scc 1], popcorn entertainment & anr. v. city industrial development corpn. & anr. [(2007) 9 scc 593], and m.p. state agro industries development corpn. ltd. & anr. v. jahan khan [(2007) 10 scc 88]. according to the learned counsel, one of the requirements of principles of natural justice is that a quasi-judicial .....
Tag this Judgment!Court : Rajasthan Jaipur
..... rule 53 as it existed in the year 1999 at the time of import by the respondent assessee. it is well settled law that procedural amendment or clarifications have a retrospective operation, whereas substantive amendment in law has a prospective operation, unless specifically made to have retrospective operation. in the face of said clarification, it is difficult to reverse ..... for the revenue, mr. r.b. mathur relying upon the decision of the hon'ble supreme court in the case of guljag industries v/s cto reported in 2007(7) scc 269, para 29 which is quoted below urged that irrespective of its import of goods from japan, since the relevant particulars in form no.st18-a ..... therefore, not attracted. the question of imposing penalty under section 22a(7) rst act therefore cannot arise.(iv) the learned counsel for the assessee also relied upon the decisions in the case of primus imaging pvt. ltd. v/s state of assam reported in (2007)9 vst 528 (gauhati) and fr. william fernandez v/s state of kerala and .....
Tag this Judgment!Court : Rajasthan Jaipur
..... gist of offence of criminal conspiracy is an agreement to break the law.25. sections 120a and 120b were brought on the statute book by way of criminal law amendment act, 1913. earlier to the introduction of sections 120a and 120b, conspiracy per se was not an offence under the indian penal code except in respect of the ..... offence mentioned in section 121a. in the objects and reasons to the amendment bill, it was explicitly stated that the new provisions (120a & b) were designed to assimilate the provisions of the indian penal code to those of the english law ..... accused about the beating or dragging from the shop etc which shows that they tried to falsely implicate the accused persons. further that those who were assigned specific acts have already been acquitted by the courts below. as against which no appeal had been filed.16. per contra, the learned public prosecutor strongly supported the impugned .....
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