Court : Rajasthan
Reported in : AIR1984Raj14; 1982()WLN740
..... empowered to dismiss the election petition which does not comply with the provisions of section 36, 37 or 53. analogous provisions contained in the representation of ihe people act, 1951 have been held by their lordships of the supreme courl to be mandatory. therefore, necessary parties, as specified in section 37, which have also been specified ..... the judge hearing the election petition to dismiss an election petition which does not comply with the provisions of section 36 or section 37 or section 63 of the act. the relevant section for our purpose in this case is section 37which runs as under :--'37. parties to the petition-- a petitioner shall join as respondents ..... board. nokha, probably on the assumption that if, there would have been only two sounds he might have received the highest number of votes. the munsif, nokha, acting as the election tribunal, did not agree with the contention of the petitioner and dismissed the election petition filed by him. as such, the petitioner has come up .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1988Raj7; 1987(2)WLN901
..... india themselves. since that constitution itself guarantees from preamble to directive principles and other legislations made under it for social welfare and security, therefore, the court acting in such cases should not treat themselves as simply a 'civil or criminal court' with fetters of technicalities and east india co.'s time precedents.35. ..... s focus is on social justice not only in the preamble, but in directive principles which are to be enforced by passing legislations like fatal accidents act or motor vehicles act or other alike social welfare statutes, the approach should be humanistic, liberal, non-technical and equitable.33. i get support for this opinion from ..... the licensing officer concerned in form 'e'. (g) the mechanical inspector shall intimate full details of the action taken under sections 5 and 6 of the act immediately to the licensing officer concerned.' obviously, according to clause (d), such a certificate is required to be renewed after every six month.18. that the .....
Tag this Judgment!Court : Rajasthan
Reported in : II(1993)ACC193; AIR1993Raj38; 1993(1)WLC86
..... may not apply to stay made for ministerial officers. held, order of staying proceedings relating to permission to file suit for eviction under section 3(1) of act 3 of 1947 by court to which application for transfer of proceedings was made not having been communicated to court granting permission, nor the appellant having applied for ..... no. 1410 of 1990 and an interim order was passed on 26-3-1990 restraining the concerned authority from taking any further proceedings under section 100 of the act of 1988 for approving, notifying and implementing the draft scheme of bharatpur to basedi. the aforesaid writ petition along with the appellant's writ petition came to ..... date of publication of the proposal regarding the scheme in the official gazette under sub-section (1) then it shall lapse. in view of this provision of the act of 1988 an application was moved before the special secretary (home) that one year after publication of the proposed scheme has passed long back, therefore, the draft .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1997Raj10; 1996WLC(Raj)UC700
..... of the statute. i am further of the opinion that in absence of express authorisation in writing from the law department, learned standing counsel had no authority to act or appear onbehalf of the state-appellant. the manner in which the affidavit stands sworn by shri madanlal nathani, c.t.o. (litigation) headquarters, jaipur ..... is filed after the expiry of the period of limitation, an application supported by an affidavit for extension of the period oflimitation under section 5 of the indianlimitation act, 1908: provided that if the copies of the judgments referred to above are hand-written, they shall further be accompanied by uncertified typed copies. ' provided ..... hearing on 22-7-1985 and the following substantial questions were framed : --1. whether a suit to question the assessments made under the rajasthan sales tax act, 1954 and the rules framed thereunder of plaintiff-respondent in respect of accounting years 1963-64 to 1967-68 was competent despite express bar to such proceedings .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1973Raj6; 1972()WLN97
..... of dungarpur sagwara galiyakot route. the regional transport authority granted two permits to the rajas-than state road transport corporation under section 68-f (1-a) of the motor vehicles act for a route which completely overlapped the route of the appellant. a representation was filed opposing the grant by the dungarpur-sagwara banswara-galiyakot bus association. annexure p-5 is .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2006(1)Raj588; 2006(2)WLC372
..... the state government in the year 1913 and was given to the mahapalika for its management. this has not been controverted. under section 114 of the act it is the obligatory duty of the mahapalika to maintain public places, parks and plant trees. by allowing underground construction the mahapalika has deprived itself ..... within its ambit, the protection and preservation of environment, ecological balance free from pollution of air and water, sanitation without which life cannot be enjoyed. any contra acts or actions would cause environmental pollution. environmental, ecological, air, water, pollution etc. should be regarded as amounting to violation of article 21. therefore, hygienic ..... environment. para no. 7 of this judgment is as follows:-7. article 48-a in part iv (directive principles) brought by the constitution 42nd amendment act, 1976, enjoins that 'the state shall endeavour to protect and improve the environment and to safeguard the forests and wild life of the country'. article 47 .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1953Raj10
..... controller or any other authority appointed by or under any law in force therein immediately before such commencement, shall, notwithstanding anything to the contrary in this act, be determined and disposed of by such controller or authority in accordance with such law'.it is significant that while such a provision has been made in the ..... is, therefore, no authority to whom the plaintiff might go for obtaining the required certificate.5. section 27 (2) of the rajasthan act provides 'except as is otherwise provided by or under this act all cases which are, at the commencement thereof in any area to which it has been extended under section 2, pending before a ..... months' time. fortunately for the plaintiff and unfortunately for the defendant shortly after, the jaipur order was repealed by the rajasthan act which received the assent of the rajpramukh on 28th november 1950. this act has not been applied to the town in question. there remains no controller for the said town after the coming into .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1970Raj26; 1969()WLN1
..... already instituted and does not create that cause. in reference to judicial tribunals an appellate jurisdiction, therefore, necessarily implies that the subject matter has been already instituted and acted upon by some other court, whose judgment or proceedings are to be revised, (section 1761: commentaries on the constitution of the united states)' (p 80).suffice ..... of clauses (a) and (b) shall mutatis mutandis apply to all such appeals or applications for revision as may be preferred after the commencement of the amending act, with this modification that the application for depositing the arrears of rent, interest and costs must be made by the tenant within 30 days from the date ..... : (b) in every such proceeding, the court shall, on the application of the tenant made within thirty days from the date of commencement of the amending act, notwithstanding any order to the contrary, determine the amount of rent in arrears upto the date of the order as also the amount of interest thereon at six .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1967Raj24
..... to ourselves, we would have granted a certain amount of compensation to the plaintiff under the principle enshrined in sub-section (2) of section 22 of the act of 1909 instead of under the heads of physical and mental harassment or incidental expenditure incurred over correspondence as held by the court below, we do not propose ..... either by private treaty or by compulsory acquisition is generally regarded by judicial decisions as an equitable right: and so, the proviso to section 1 of the interest act saves the said right. we must accordingly hold that the high court was in error in rejecting the claimants' case for the payment of interest on compensation amount ..... failure to do so, in our considered judgment, should be considered as a factor to his advantage rather than to his detriment.bearing the principles enshrined in the act as determinative of the amount of compensation permissible which we think should be held as applicable to the present case as a matter of justice, equity and good .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1980Raj22
..... court committed a serious illegality in exercising of its jurisdiction in taking the view that in complying with the provisions of sec.-tions 29 and 72 of the act it was acting in any way in conflict of the decree affirmed by hon'ble supreme court or in any manner varying the directions contained in the said decree. it ..... to the maheshwari community as claimed by the plaintiffs is a mixed question of law and fact and is required to be determined by the authorities under the act provided certain other conditions are also satisfied.'but in a case where a preliminary decree has already been passed the controversy between the parties has already been heard ..... same having become final, the defendants have no right now to raisa this objection during the proceedings for final decree. it was next contended that the rajasthan public trust act, came into force on 22nd october, 1959 and chapter v requiring the public trust to be registered came into force on 1st july, 1962, even then the present .....
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