Court : Rajasthan Jodhpur
..... constitutional amendment is also very doubtful. (j) it may be true that a statutory amendment of a rather cognate provision, like section 115 of the civil procedure code by the civil procedure code (amendment) act, 1999 does not and cannot cut down the ambit of high court's power under article 227. at the same time, it must be remembered that such statutory amendment does ..... details are given about the money required by them to undertake further studies in super-specialities. it is asserted that as per section 9(i) of the rajasthan rent control act, 2001 the court is required to examine bonafide necessity of the landlord to have rented premises and that in no manner can be reduced only to necessity. in the instant .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... bench of two judges; and (c) a judge before whom any proceedings under the indian trusts act, 1882 (act no. ii of 1882), the companies act, 1956 (act no. i of 1956), the designs act, 1911 (act no. ii of 1911) or the patents act, 1970 (act no. 39 of 1970) is pending, may with the sanction of the chief justice, obtain ..... to such area, have or exercise any jurisdiction or power under chapter ix of the code of criminal procedure, 1973 (2 of 1974); . chapter iv of the act of 1984 provides for the procedure in relation to the proceedings before the family court. section 10 thereof, being again relevant, is reproduced hereunder for ready reference:- 10 ..... applicable statutory provisions a comprehension of the relevant provisions makes out that for the purpose of exercising the jurisdiction and powers conferred on a family court by the act of 1984, the state government, after consultation with the high court and by a notification, is required to establish in the city or town with population exceeding .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... article 12. private individuals cannot be equated with state or instrumentalities of the state. all the respondents in a writ petition cannot be private parties. but private parties acting in collusion with state can be respondents in a writ petition. under the phraseology of article 226 , high court can issue writ to any person, but the ..... also very doubtful. (j) it may be true that a statutory amendment of a rather cognate provision, like section 115 of the civil procedure code by the civil procedure code (amendment) act, 1999 does not and cannot cut down the ambit of high court's power under article 227. at the same time, it must be remembered that such statutory ..... power of superintendence under article 227 the constitution, interfere with the orders of tribunals or courts inferior to it. nor can it, in exercise of this power, act as a court of appeal over the orders of court or tribunal subordinate to it. in cases where an alternative statutory mode of redressal has been provided, that .....
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..... in the present case has challenged the levy of land tax vide the demand notices dated 05.06.2008 (annex-5), under the provisions of rajasthan finance act, 2006 for assessment years 2006-07 raised by the assessing authority, (sub-registrar), kolayat.2. learned counsel for the petitioner submitted that the respondent-assessing ..... the rules framed thereunder have been complete violated while framing assessment orders. definition of 'land' as given in section 38 (c) of the rajasthan finance act, 2006 has also not been taken into consideration. the provisional assessment lists were finalised without considering the objections submitted by the petitioners and without s.b ..... registrar and in appeal by the appellate authority, namely, d.i.g. (stamps). in view of availability of alternative remedy to the petitioner under the act, this writ petition cannot be entertained.8. accordingly, respectfully following the aforesaid judgments of this court, this writ petition is disposed of and the petitioner- .....
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..... ex-parte decree was grossly belated and no endeavor was made by the appellant seeking condonation of delay by way of laying an application under section 5 of the limitation act. the learned counsel for the appellant, mr. j.k. bhaiya, has strenuously argued that the learned trial court [8]. while considering the application of the appellant for setting aside ex ..... disputed that a decree granting divorce under section 13(1)(i-b) whether ex parte or bipartite is a decree which is appealable under section 28 of the hindu marriage act, 1955. consequently, the order of the trial court refusing to set aside such an ex parte decree and rejecting the application under order ix rule 13 cpc could have been .....
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..... to a bench of two judges; (c) a judge before whom any proceedings under the indian trusts act, 1882 (act no. ii of 1882), the companies act, 1956 (act no. i of 1956). the designs act, 1911 (act no. ii of 1911) or the patents act, 1970 (act no. 39 of 1970) is pending, may with the sanction of the chief justice, obtain the assistance ..... the concerned division bench. 4. in view of above order passed by the learned single judge, the registry has placed this matter before this court.5. the family court act, 1984 (act no. 66 of 1984) was enacted by parliament and it was made effective in rajasthan on 19-11-1985, vide no.79/17/85, dated 18th november, 1985 ..... criminal procedure, 1973; (xi) the writ petitions under article 226 and 227 of the constitution of india, except the writ petitions challenging the vires of the provisions of any act. (xii) an application under article 228 of the constitution of india and the case withdrawn under the said article; d.b. cr. revision petition no. 177/2010 9 .....
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..... in the present case has challenged the levy of land tax vide the demand notice dated 24.7.2009 (annex-10), under the provisions of rajasthan finance act, 2006 for assessment years 2009-10 raised by the assessing authority, (sub-registrar), bikaner.2. learned counsel for the petitioner submitted that the respondent-assessing ..... the rules framed thereunder have been complete violated while framing assessment orders. definition of 'land' as given in section 38 (c) of the rajasthan finance act, 2006 has also not been taken into consideration. the provisional assessment lists were finalised without considering the objections submitted by the petitioners and without s.b ..... registrar and in appeal by the appellate authority, namely, d.i.g. (stamps). in view of availability of alternative remedy to the petitioner under the act, this writ petition cannot be entertained.8. accordingly, respectfully following the aforesaid judgments of this court, this writ petition is disposed of and the petitioner- .....
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..... (safai employees service) rules, 2012 were notified having been framed in exercise of the powers under section 337 read with section 335 of the rajasthan municipalities act, 2009 (for short hereinafter referred-to as the act .).rule 6 and rule 12 of the rules of 2012 read as under: 6. eligibility and age.-(1) persons having two years.working experience of safai .....
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..... on the part of the tribunals and the courts. we hold that determination of quantum in motor accidents cases and compensation under the workmen's compensation act, 1923 must be liberal since the law values life and limb in free country in generous scales. the adjudicating authority, while determining the quantum of ..... 12 of the verdict, the hon'ble apex court has [19]. made following observations:12. in matters of determination of compensation, particularly, under the motor vehicles act, both the tribunals and the high courts are statutorily charged with a responsibility of fixing a "just compensation". it is true that determination of "just compensation" ..... for understanding the medical evidence and assessing the physical and functional disability. the tribunal may also keep in view the first schedule to the workmen s compensation act, 1923 which gives some indication about the extent of permanent disability in different types of injuries, in the case of workmen. hon ble supreme court, in .....
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..... .2008 learned rent tribunal, bhilwara accepted the application preferred by the respondent landlord as per section 6 read with section 9(j.of the rajasthan rent control act, 2001 (hereinafter referred to as the act of 2001 .) and issued a certificate for recovery of possession of rented premises and revision of rent. the judgment and certificate above came to be affirmed by .....
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