Court : Rajasthan
Reported in : (1975)ILLJ334Raj; 1974(7)WLN6
..... reads as under ;305 ordinary pension and family pension as also the commuted value of (ordinary) pension are governed by the pension act, 1871. death-cum-retirement gratuity is, however, a gift and does not fall within the ambit of that act. note : the underlining is mine.9. thus it is clear that the death-cum-retirement gratuity is not governed by the ..... pension act, 1871. rule 103 no doubt provides that a permanent railway servant on quitting service is entitled to death-cum-retirement-gratuity in addition to ordinary gratuity and other things. but this .....
Tag this Judgment!Court : Rajasthan
Reported in : 1981WLN(UC)526
..... a district in which, and if they have been executed on or after the date on which, act, no. xvi of 1864, or the indian registration act, 1866, or the indian registration act, 1871, or the indian registration act, 1877, or this act came or comes into force, namely :-(a)....(b) other non-testamentary instruments which purportor operate to create ..... given should be treated within limitation and (2) whether there should be extension of time as prayed for by the non-petitioner.section 3 of the act runs as follows:provisions implied in arbitratration agreement an arbitration agreement, unless a different intention is expressed there in shall be deemed to include the provision set ..... in s.d. ghai & co. v. punjab university held that an arbitrator is said to enter on reference when he applies his mind and does some judicial act for progress of the reference.9. before the division bench, the expression 'entering on the reference' came up for interpretation in soneylal thakur v. lachminarayan thakur : .....
Tag this Judgment!Court : Rajasthan
Reported in : 1969WLN525
..... stage, not required to consider the validity of the notifications issued by the government of rajasthan an under the provisions of the rajasthan relief undertaking (special provision) act, 1961 for it has f been argued by mr. bhargavn, learned counsel for the company, that the petition cannot be proceeded with after the issue of the ..... aforesaid notification ex. 1 under section 18a, of the act because of the provisions of section 18e(1)(c). the learned counsel has supported his argument by reference to bharat general & textile industries ltd. v. muir mills ..... court). it appears to me however that case arose in quite different circumstances and the central government did not issue a notification under section 18a of the act without the prior permission of high court. so even though there are certain observations in that judgment on which mr. gupta has placed reliance, it appears .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2009(3)Raj2434
..... is a common experience in criminal courts that defence counsel would raise objections whenever courts exercise powers under section 311 of the code or under section 165 of the evidence act, 1872 by saying that the court could not 'fill the lacuna in the prosecution case.' a lacuna in the prosecution is not to be equated with the fallout of an ..... .c. the said complaint was then registered as f.i.r. no. 180/97 for the offence under section 498-a ipc and under section 4 of the dowry prohibition act. subsequently, on completion of the investigation and submissions of the challan, the trial proceeded in the court of ajm no. 3 bharatpur (criminal case no. 151/99). an application then .....
Tag this Judgment!Court : Rajasthan
Reported in : 2009CriLJ2205; RLW2009(1)Raj746
..... case depends on circumstantial evidence. but in circumstantial evidence also when the facts are clear it is immaterial that no motive has been proved. men do not act wholly without motive. failure to discover the motive of the offence does not signify the non-existence of the crime. the failure to discover motive by appropriate ..... of maharashtra : 1992crilj1545 , has held that in circumstantial evidence also when the facts are clear it is immaterial that no motive has been proved. men do not act wholly without motive. failure to discover the motive of the offence does not signify the non-existence of the crime. the failure to discover motive by appropriate clinching ..... within the definition of 'dowry' and cannot be construed as demand of dowry within the definition of 'dowry' as defined under the provisions of the dowry prohibition act. he further contended that there is allegation about mortgage of kisan vikas patra which were in the name of deceased kavita and demand of four lac rupees by .....
Tag this Judgment!Court : Rajasthan
Reported in : 1990(2)WLN530
..... writ petition. it was contended that the petitioner has filed this writ petition as a vigilant teacher. he only wants that the respondent university should act according of law. the qualifications for selection of teachers(lecturers or assistant professors) prescribed in the advertisement annexurcs-5 and 6 are against the ordinance ..... rajasthan university and mohan lal sukhadiya university.11. it was also contended that section 3(3) of the rajasthan universities teachers and officers (selection for appointment) act, 1974 provides for appointment of adhoc teachers only for a period of one year and, therefore, the university cannot extend that period and hence, till ..... marked as annexures-2 and 3 respectively. it was further submitted that section 6(3) of the rajasthan university officers and teachers (selection for appointment) act binds every selection committee to the qualifications laid down in the relevant law. it was also submitted that the advertisement (annexure-6) dated 12.7.1990 .....
Tag this Judgment!Court : Rajasthan
Reported in : 1994(2)WLC171; 1994(1)WLN420
..... imprisonment for life.' section 113b, evidence act raises a presumption as to dowry death. it provides as under:'section 113b. presumption as to dowry death: when the question is whether a person has committed the dowry death ..... shall be deemed to have caused her death.explanation - for the purposes of this sub-section, dowry shall have the same meaning as in section 2 of the dowry prohibition act, 1961 (28 of 1961) (2) whoever commits dowry death shall be punished with imprisonment for a term which shall not be less than seven years but which may extend to .....
Tag this Judgment!Court : Rajasthan
Reported in : 1972WLN943
..... or enforce against the mortgagee.however the characteristics of a mortgage are pliantly inconsistent with the relation of a lessor and lessee. the provisions of the act shows that the relationship of a usufructuary mortgagee and mortgagor is incompatible with the relationship of a lessor and a lessee. and that would mean ..... kamlakar & co. v. gulam shafi : air1963bom42 , lala v. bhagwan dass : air1972delhi175 and sachalmal parasram v. ratanbai : air1972sc637 .9. section 111 of the transfer of property act deals with determination of leases. it, inter alia, lays down that a lease of immovable property determines in case the interests of the lessee and the lessor in the whole ..... suspended and on the termination of the mortgage that relationship would revive with full force and the tenant could legitimately claim the protection of section 13 of the act; being a statutory tenant. learned counsel invited my attention to a number of cases, such as, kallu v. diwan ilr 24 all 487, lachhman das .....
Tag this Judgment!Court : Rajasthan
Reported in : I(2008)DMC94; RLW2007(4)Raj2925
..... cruelty or harassment soon before her death for, or in connection with, demand for dowry, and in absence thereof the presumption under section 113b of the indian evidence act, cannot be raised against the appellants; the prosecution has failed to prove the charge against the accused-appellants beyond all reasonable doubts, therefore, they are entitled to be ..... v. state of maharashtra 2007 air scw 456, the hon'ble supreme court considered the meaning of 'dowry' as defined under section 2 of the dowry prohibition act with reference to section 304b, ipc, and held that a demand for money on account of some financial stringency or for meeting some urgent domestic expenses are not ..... to cruelty for, or in connection with, demand for dowry, soon before her death and a presumption can be drawn under section 113b of the indian evidence act that it is a case of dowry death. it is further contended that the learned trial court has rightly convicted and sentenced the accused appellants and this is .....
Tag this Judgment!Court : Rajasthan
Reported in : I(2000)DMC201; 1999(1)WLN234
..... shall be deemed to have caused her death. explanation--for the purposes of this sub-section, 'dowry'-shall have the same meaning as in section 2 of the dowry prohibition act, 1961 (28 of 1961). (2) whoever commits dowry death shall be punished with imprisonment for a term which shall not be less than seven years but which may extend to .....
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