Court : Rajasthan Jodhpur
..... petitioner lodged an fir against the respondent and its family members at police station sirohi. the respondent in-turn has filed proceedings under section 13 of the hindu marriage act, 1955 ('the act') seeking dissolution of marriage. it is submitted that the petitioner does not keep well and it is inconvenient to her for travelling to udaipur, documents regarding burn injury has .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... commission of offence punishable under sec. 498-a of the indian penal code, 1860 (in short the 'ipc') and sec.4 of the dowry prohibition act, 1961 (in short 'd.p. act').3. the complaint was treated as first information report and investigation was undertaken. on completion of investigation charge-sheet was filed on 8/6/2000. a ..... sufficient ground for proceeding against the accused. (6)where there is an express legal bar engrafted in any of the provisions of the code or the concerned act (under which a criminal proceeding is instituted) to the institution and continuance of the proceedings and/or where there is a specific provision in the code or the ..... concerned act, providing efficacious redress for the grievance of the aggrieved party. (7)where a criminal proceeding is manifestly attended with mala fide and/or where the proceeding is .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... vs. mohd. talib ali & anr. (s.b.criminal revision petition no.362/2011) 30 beneficially quoted: 3. definition of domestic violence.-for the purposes of this act, any act, omission or commission or conduct of the respondent shall constitute domestic violence in case it- (a) harms or injures or endangers the health, safety, life, limb ..... is entitled to use or enjoy by virtue of the domestic relationship including access to the shared household. explanation ii.- for the purpose of determining whether any act, omission, commission or conduct of the respondent constitutes domestic violence . under this section, the overall facts and circumstances of the case shall be taken into ..... . under section 22, the magistrate has power to award compensation and damages for the injuries, including mental torture and emotional distress caused by the acts of domestic violence committed by the respondent. section 23 empowers the magistrate to pass such interim order as he deems just and proper during pendency .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... reasons. firstly, rips 2003 is an executive policy decision of the state government involved here in this case; whereas upon enactment of u.p. electricity reforms act, 1999, uniform tariffs for supply of electricity were introduced in the case before the apex court and thus obviously principle of promissory estoppel were held not ..... writ petitions. the appellants, then filed the present appeals.allowing the appeals, the supreme court held : in terms of section 6(c) of the general clauses act, 1897, unless a different intention appears the repeal would not affect any right, privilege or liability acquired, accrued or incurred under the repealed enactment. the effect ..... held that: "... in this circumstances, the petitioners can very well invoke the principle of equitable and promissory estoppel against respondents under section 115 of the indian evidence act." c. pournami oil mills vs. state of kerala (1987) 65 stc 1: this case arose out of sales tax incentive given to small scale industries. .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... thus, in totality, i am not persuaded to entertain this writ petition for the reason that petitioner is having equally efficacious alternative remedy available under the act of 2010 and consequently the writ petition is rejected. it is made clear that rejection of this writ petition shall not prejudice the rights of the ..... conservation of forest and other natural resources including enforcement of any [10].legal right relating to environment effectively and expeditiously. under chapter ii, section 4 of the act of 2010, composition of tribunal is prescribed which reads as under: 4. composition of tribunal (1) the tribunal shall consist of (a) a full time ..... the impugned show cause notice and the final order revoking consent to operate has been passed by the competent authority while resorting to the provisions of the act of 1981. therefore, essentially in the petition environmental issues are involved. [5].in order to tackle the problems of environmental issues, on the recommendations of .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... this regard was necessary for the purpose of alleged attornment. 20. besides the above, the definition of landlord under section 2(c) of the rajasthan rent control act, 2001 ('the act') reads as under:- "(c) 'landlord' means any person who for the time being is receiving or is entitled to receive the rent of any premises, whether ..... be made by any court having jurisdiction to entertain a suit for the possession of the property leased." 10. the said proviso to section 109 of the tp act coupled with the settled legal position that the attornment in favour of transferee is automatic and it requires no consent of the lessee only entitles the transferee to ..... landlord, dr. surendramal mertiya, continued to receive the rent from the tenant and, therefore, his right to seek eviction as 'landlord' as defined under the rent control act, 1950 continued irrespective of his transfer of suit property by way of gift, and the present second appeal of tenant deserves dismissal. the reasons are as follows. 8. .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... revived with the redemption of the mortgage and, therefore, without adopting due process of eviction under the provisions of rajasthan premises (control of rent and eviction) act, 1950 or the new rajasthan rent control act, 2001, the tenants cannot be dispossessed from the suit shops in question even though the part of the entire suit building under the mortgage was handed over .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... rent in question and withdrawal thereof by the landlord. once the delay has occurred even the court does not have power to extend the time limit, therefore, act of withdrawal of such rent belatedly deposited by the tenant cannot enure to the benefit of defendant tenant. 8. thus, the legal position is settled beyond the ..... the basis of strict compliance with the statutory provisions. equitable consideration has no place in such matters....37. it is also pertinent to note that the rent control act is a welfare legislation not entirely beneficial enactment for the tenant but also for the benefit of landlord. see: shri lakshmi venkateshwara enterprises pvt. ltd. v. syeda ..... has filed the present second appeal being aggrieved by the concurrent eviction decree passed under the provisions of the rajasthan premises (control of rent and eviction) act, 1950 (for short the`act of 1950') against him in respect of a suit shop situated at new bapu bazar, udaipur. the eviction suit no.33/98 devendra kumar vs .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... money placed in the hands of the sarpanchas, issuance of cheques by them, preparation of accounts and their official capacity as an appellate authority under the rti act, 2005, or any government order, which may make them accountable, would require a minimum educational qualification inasmuch as every panchayat is provided with secretariat, which ..... as per the order dated 15.05.2009, issued by the government of rajasthan, the annual performance appraisal report are prepared. under the right to information act, 2005, the state government has appointed the sarpanch for the entire gram panchayat as an appellate authority. similarly, for the zila parishad and panchayat samiti, ..... of rajasthan, or for the member of the legislative assembly or a member of parliament. the constitution of india, or the representation of the people act, 1951, do not provide for disqualification on the ground of any educational qualifications for contesting the elections for the members of the legislative assemblies and .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... denial of admission to women in undergraduate course in discipline of mining engineering on the ground of alleged prohibition by virtue of provisions of section 46 of the mines act, does not stand to reason. obviously, the admission to the post graduate course can be granted to the female candidates only if they possess the graduation degree ..... assigned by the respondents justifying the denial of admission to the female candidates in mining branch of engineering is that the provisions of section 46 of the mines act, prohibits the employment of women in any part of a mine which is below the ground and since, the curriculum part in the mining engineering consists of ..... that the writ petition preferred at the stage when the entire admission process is over, deserves to be dismissed. it is submitted that section 46 of the mines act, 1952, specifically provides that no woman shall, notwithstanding anything contained in any other law be employed in any part of a mine which is below ground and .....
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