Court : Rajasthan
Reported in : AIR1987Raj26; 1986(1)WLN297
..... in a number of cases has enjoined a duty on the high court to see that the state government functions in accordance with the principles of natural justice and acts fairly and in a just manner while passing its administrative or discretionary orders. in the present case, the petitioners were never given an opportunity to show cause as ..... sc 718. it is true that the petitioners have no legal right or fundamental right to receive such grants nor there is any violation of its any statute, act or the rule as there are no rules governing such grants by the state and it is purely discretionary but the court cannot close its eyes and it is ..... state to secure a social order for the promotion of the welfare of the people. article 38 of the constitution, sub-clause (2) was added by 44th amendment act of 1978 requiring the state to strive to minimise the inequalities in income and endeavour to eliminate inequalities in status, facilities and opportunities not only amongst individuals but also amonts .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1981Raj36; 1978(11)WLN321; 1980()WLN13
..... taken by the two judge bench of this court in athani municipal council case, (air 1969 sc 1335) (supra) and hold that art 137 of the 1963 limitation act is not confined to applications contemplated by or under the code of civil procedure. the petition in the present case was to the district judge as a court. the ..... accepted the application.3. a revision petition was filed against the order of the district judge sri ganganagar by which he accepted the application under section 8(2) of the act the revision petition was registered as s. b. civil revision petition no. 594 of 1974. the following findings were recorded in the order dated july 10, 1978, passed ..... effect?(4) whether the petition is not maintainable as alleged in paras 13 and 14 of the reply?(6) whether the petitioner is entitled under section 8 of the arbitration act to get an arbitrator appointed?' the learned district judge, shri ganga-nagar, by his order dated may 30, 1974 held that the non-applicant (contractor) is entitled to .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1984Raj55; 1983()WLN117
..... annual register and the law lays down a prescription that the entries made therein were true.19. this court then observed as under:--'8. the rajasthan land revenue act. 1956, (act no. xv of 1956) has since come into force on 1st july, 1956, and its provisions may now be examined. 9. section 140 says that all ..... must further make it clear that the trial court was also not justified in declaring the defendants-petitioners as khatedars under section 19 of the raj-asthan tenancy act. it has come on record and admitted by the defendants-petitioners that they never took any proceedings for declaration as khatedars, when the entries in the revenue ..... person from establishing his right to the property in any civil or revenue court having jurisdiction.17. section 126 then mentions that the existing records are to be acted upon until fresh records are prepared and section 127 authorises the collector to make other record and decide disputes after the survey and record operations are closed. chapter .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1983Raj39
..... and reasonable, is accepted.4. the pivot of debate is the rate of conversion charges for agricultural land under the provisions of rajasthan land revenue act, 1956 and the rajasthan land revenue (allotment, conversion and regularisation of agricultural land for residential and commercial purposes in urban areas) rules, 1981, hereinafter ..... higher rate of conversion charges. apart from the fact, that this discrimination is wholly unreasonable, this is impermissible under the provisions of the land revenue act, as shown above.20. anticipating the submission of shri ashok mathur, the learned additional advocate general, shri mehta submitted that the contention of the ..... ejectments, by hypertechnical interpretation of sub-sections (2): (3), (4) & (51 of section 13 of the rajasthan premises (control of rent & eviction) act, 1950.'the pivot of debate in the instant case, therefore, is between the interpretation of rent laws in consonance with 'social justice' against the hair splitting .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1990Raj34; 1989(2)WLN63
..... notification in the official gazette. therefore, the prayer which has been made that this court should set up a commission of inquiry under the provisions of the act cannot be allowed, but it can hardly be disputed that the court has power to appoint commissioner/commissioners and investigators to make inquiries, collect data, submit its ..... doctors. they were published in the news papers and government itself appointed more than one committees to go into the matters. in other words the government itself acted on the paper reports and on the questions raised in the assembly, appointed committees as aforesaid. the petitioner as stated earlier, is a freedom fighter and claims ..... of mahatma gandhi, the father of the nation, seeks from this court direction that a commission of inquiry under the provisions of commissions of inquiry act, 1952 (for short the act), be set up by the state of rajasthan to find out and identify the guilty persons responsible for the various incidents of deaths and other .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1990Raj44; 1990(1)WLN221
..... construed to mean that the rent has been provisionally determined on the basis of english calendar month. there is an obligation of the tenant under section 13(4) of the act todeposit subsequent rent by the 15th day of every succeeding month. there was no necessity for the court to pass any order for depositing the rent for any succeeding month ..... 1-5-84. the learned additional munsif rejected the plaintiff-respondent's application dated 4-2-84 under section 13(5) of the 'rajasthan. premises (control of rent and eviction) act, 1950 for striking out the defence. a few facts may briefly be noted.2. the trial court determined the provisional rent under section 13(3) on 29-3-1978. the .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2006(1)Raj838; 2006(2)WLC559
..... to the court, they plead for non-interference. it must be realized that the rule of law has always recognized power of judiciary to review legislative and administrative act. judges decide the cases as they come before them, mindful the need to keep passions and prejudices out of decisions. normally, this court would not encourage ..... sufficient to initiate investigation and collection of facts to put such person to trial on criminal charge under the indian penal code as well as prevention of corruption act. at the cost of repetition, mr. bhoot has invited our attention to the various items of the report revealing irregularities in the affairs of the rpet- ..... the learned counsel for the respondents stands rejected. similarly, there is no substance 'in the contention raised that the petitioner has an alternate remedy available under the lokayukt act.16. coming to the merits of the case, it is submitted by mr. bhoot learned, counsel for the petitioner, that the vaishnav committee has found the .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1970Raj68; 1969()WLN108
..... and asserts a title hostile to the landlord. 9. i would like to mention here that in a case governed by the rajasthan premises (control of rent and eviction) act a tenant becomes a statutory tenant on the detennina-tion of his contractual lease and this statutory tenancy is neither heritable nor transferable. 10. the trial court disbelieved the evidence ..... landlord accepts it. 8. it will thus be seen that there can be no renewal of the contract of tenancy under section 116 of the transfer of property act by the unilateral act of the landlord in demanding rent from the tenant holding over. there can be no renewal under this section where the person in possession does not pay rent ..... merely by a demand of rent on the part of the plaintiff there was a renewal of the lease within the meaning of section 116 of the transfer of property act of the expiry of the period of tenancy. 5. the appellate court was under the impression that by admitting the execution of a rent-note the defendants had admitted .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1971Raj46; 1970(3)WLN159
..... in that event after the enquiry if the licensee is found innocent then the suspension during the course of enquiry for the cancellation of license would automatically act as a punishment because during the period of suspension the entire business of the licensee shall be stopped.the analogy of suspension of a government servant pending ..... there is no escape from the conclusion that the suspension of the license was ordered by the district excise officer to inflict punishment under section 34 of the act read with rule 76 of the rules. in these circumstances, i cannot accept the plea of the respondents that the suspension was ordered pending the enquiry for ..... will be perfectly justified to take further steps to cancel the license and also to take criminal proceedings against the petitioner for contravening the provisions of the act. it is contended that the department is awaiting the report from the chemical examiner who is not available at present because of the retirement of the chemical .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1977Raj80; 1976(9)WLN422
..... acquisition of an electrical undertaking should be regarded as profits or gains within the meaning of sub-section (2) (vii) of section 107 of the income-tax act, which provides for computation of such profits or gains 'after making allowance in respect of any machinery or plant which has been sold', rejected the contention that the ..... to refer to the legislative practice, relevant to law in respect of transfer of property. he, further, contends that the jaipur durbar while enacting the jaipur land acquisition act clearly intended that the expression 'sale' should bear the precise and definite meaning it has in law. he, therefore, urges that the word 'sale' in clause (f ..... . j dated 2-10-1941 acquired 19 bighas and 12 biswas of land admeasuring 59,343 sq. yds. belonging to the petitioner under the jaipur land acquisition act for bani park extension scheme of jaipur city. though under the revenue standing order no. 12 the petitioner was not entitled to any compensation upon such acquisition, .....
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