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
..... prosecution, as it is, then too the offence commissioned by the accused appellant do not constitute an offence punishable under section 302 indian penal code. according to learned counsel the act of the accused appellant at the most that may come within the purview of the offence punishable under section 304 part-ii indian penal code.heard counsel for the appellant ..... quite unambiguous terms discloses that accused kheta ram as a matter of fact was not having any intention to kill mool singh, but he gave "aadia" blow as an spontaneous act after getting jagannath hurt by tractor. the intention to cause death in the instant case is conspicuously absent. as a matter of fact on basis of the evidence available it .....
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intention appears the repeal would not affect any right, privilege or liability acquired, accrued or incurred under the repealed enactment.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
..... people oriented. no functionary in exercise of statutory power can claim immunity, except to the extent protected by the statute itself. public authorities acting in violation of constitutional or statutory provisions oppressively are accountable for their behavior before authorities created under the statute like the commission or the courts ..... functions for determining the liability of the state'. in any case the law has always maintained that the public authorities who are entrusted with statutory function cannot act negligently. under our s.b.civil writ petition no. 11316/2010 & 11 other connected writ petitions ( see schedule) jodhpur development authority, jodhpur vs. ..... for the respondent-complainant vehemently submitted as under: (i) that the issue regarding coverage of complainant andpetitioner jda by the provisions of consumer protection act, 1986 stands concluded by the apex court of the country with the dismissal of slp against the order of national commission in the case of .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... petition and rightly so, but against which only on a question of law arising therefrom, a revision petition under section 86 of the rajasthan sales tax act, 1994 could be maintained by the petitioner assessee, this revision petition filed for seeking refund of tax already so paid and recovered on the strength of ..... to pay tax itself can only beexempted by invoking relevant provisions for grant of exemption under the relevant statute, like , section 15 of the rajasthan sales tax act, 1994. that power can only be exercised by the state government itself according to the rules of business and not by any secretary concerned thereof. obviously, ..... judgment dt:11/10/20112/243.admittedly, since alternative remedy is available to thepetitioner company against the impugned rectification orders under section 37 of the rajasthan vat act, 2003, these writ petitions under article 226 of the constitution of india could have been summarily dismissed on the anvil of availability of alternative remedy to the .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... to submit that in the cross-examination, the departmental witness admitted that they have not brought any record showing the proceedings of section 4 and 5 of the act of 1964 having been undertaken by the estate officer; and therefore, the findings resulting in dismissal of the suit should be held to be perverse. this court is ..... , and at least proceedings against the father (nanu singh) of the present appellants, which were undertaken way back in the year 1973 and notice under section 4 of 1964 act was issued to him; and s.b. civil second appeal no.298/2011 smt. kamal kanwar & anr. vs. estate officer, district magistrate (urban), bikaner judgment dtd. ..... judgment dtd. 18/05/2012 5/7 5. mr. sanjeet purohit, learned counsel for the appellants- plaintiffs submitted that after initiation of the proceedings under the provisions of act of 1964 vide order dated 12.11.1973, which was upheld by learned single judge of this court and thereafter by division bench, vide respective orders dated 30.11 .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... acknowledgment in the notice given by the advocate, shri mohan lal joshi, (exhibit-3) dated 09.05.1962, the explanation to section 18 of the limitation act would get attracted and the acknowledgment made by the advocate as an agent would also be sufficient acknowledgment and would extend s.b. civil second appeal no.212/ ..... required to be further proved. therefore, the learned courts below were justified in holding that presumption of its correctness could be drawn under section 90 of the act and the same was not required to be proved by producing the attesting witnesses since the original mortgage-deed in the possession of the defendants was never produced ..... defendants in the notice served by him upon the tenant in the suit premises about the factum of mortgage, and in view of explanation to section 18 of limitation act, particularly, explanation (b), the word 'signed' would mean signed either personally or by an agent duly authorized in this behalf and, therefore, the acknowledgment made .....
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..... present misc. petition succeeds and sb criminal misc. petition no.1413/2010 ram kumar avasthi. vs. darbara singh. (17) now the learned special judicial magistrate (ni act cases), sri ganganagar is directed to forward the complaint no.227/2009 to the concerned court which has the jurisdiction to try the offences committed within the territorial ..... cheque by itself constitutes an offence. for the purpose of proving its case that the accused had committed an offence under section 138 of the negotiable instruments act, the ingredients thereof are required to be proved. what would constitute an offence is stated in the main provision. the proviso appended thereto, however, imposes ..... , the amount became payable at delhi. ii. giving of a notice being a condition precedent for filing a complaint petition under section 138 of the negotiable instruments act, a notice having been sb criminal misc. petition no.1413/2010 ram kumar avasthi. vs. darbara singh. (9) issued from delhi, the delhi court had .....
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..... policy and lay down new policy. the court, therefore, would prefer to allow free play to the government to evolve fiscal policy in the public interest and to act upon the same. equally, the government is left free to determine priorities in the matters of allocations or allotments or utilization of its finances in the public interest. ..... policy and lay down new policy. the court, therefore, would prefer to allow free play to the government to evolve fiscal policy in the public interest and to act upon the same. equally, the government is left free to determine priorities in the matters of allocations or allotments or utilization of its finances in the public interest. ..... another etc. v/s jasjit singh and ors. (air 196.sc204) where the apex court has considered the provisions of sections 202 (2), 9 of the sea customs act (1878) (as amended in 1955) and the customs house agents licensing rules, 1960 framed thereunder. the question which arose whether rules offend articles 14 and 19 of the .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... finance department. in this connection, it is worthwhile to observe that earlier vide communication dated 07.07.2011 the finance department advised the university to act as per guidelines contained in the revised ugc regulations 2010, in which, there is no separate eligibility prescribed or eligibility is granted only to direct ..... agriculture universities of rajasthan was forwarded to the finance department for its clarification and in return the finance department of the government of rajasthan has advised to act as per guidelines contained in the u.g.c. regulations 2010. the communication dated 07.07.2011 is as follows :17. sub: revision of ..... -iv, government of rajasthan, jaipur and 8 forwarded by the agriculture department to the respondent university. the finance department of government of rajasthan advised to act as per the guidelines contained in the ugc regulations 2010, therefore, as per government decision to follow cas, respondent university initiated the process under the .....
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