Court : Rajasthan
Reported in : (1986)IILLJ135Raj; 1986(1)WLN282
..... beneficial legislation is duty-bound to pay by way of compensation the interest to the claimant. recently, the supreme court while upholding the decision of this court under section 125 has also held that whenever there is no prohibition then the court has inherent powers to compensate the deserving persons for the loss which has been caused ..... is having no jurisdiction to decide it can determine that there is no liability which can be determined by the authority concerned. as far as the vires of sections 4 and 7 is concerned i do not find any force in the submission of the learned counsel for the petitioner. without entering into controversy whether there is ..... direction has been given that the interest should be paid at the rate of rs. 9% as provided in section 8 of the payment of gratuity act. mr. hemandass has challenged the vires of sections 7 and 4 of the act and submitted that it is against the interest of minority institutions and specially run for philanthropic purposes. he further .....
Tag this Judgment!Court : Rajasthan
Reported in : 1981WLN178
..... whose names had not been received from employment exchange. copies of the resoultions were sent to the deputy commissioner as required by subsection (2) of section 30 of the municipal act, deputy commissioner respondent stayed implementation of the resolutions vide memorandum no. lfs/767, dated 6th may, 1970 annexure d and sent for the relevant ..... no matter whether he is fit for the job or not, nor is any appointment made without complying with the provisions of section 4 rendered invalid. section 7 of the employment exchange act, 1959 provides for penalties and it is only the failure to notify the vacancies that has been made punishable.in this case ..... recruit the person sponsored by the employment exchange simply because the vacancy had been notified to the latter under sub-section (1) of sub-section (2) or section 4 of the employment exchange (compulsory notification of vacancies) act, 1959. after having notified the vacancies, the employer may go on rejecting the candidates sent up by the .....
Tag this Judgment!Court : Rajasthan
Reported in : 1981WLN481
..... case to the trial court and without seeking any further information. accordingly, i affirm his conviction under section 323, ipc. his sentence is, however, set aside. he is directed to execute ..... by the learned counsel for the state that this court can make an order under the act' on the existing material on the record without remitting the ..... pw/2 i maintain the conviction of accused kishan das under section 323, ipc keeping in view the nature and the circumstances of the case, i consider it proper to given kishan das the benefit of section 4 of the probation of offenders act (hereinafter referred to as 'the act'). on behalf of the respondent, it has been conceded .....
Tag this Judgment!Court : Rajasthan
Reported in : 2007(2)WLN22
..... the boundaries of the krishi upaj mandi which has been established on the land earlier acquired. the present land which is the subject matter of notification under section 4 of the act of 1894 was issued on 21.12.1988 regarding which on 16.03.1990 a composite notification was issued. the respondents have stated that the compromise earlier ..... facts. in one case the hon'ble supreme court has held that in earlier proceedings the supreme court itself has questioned the validity of the declaration of section 17 of the act of 1894 and, therefore, the urgency clause was not maintained and in another case the proceedings for possession of the land was required for a festival known ..... for maintaining the mandi yard.10. i have heard the learned counsel for the parties and have given my thoughtful consideration.11. as regards the question of section 17 of the act of 1984 is concerned the two cases relied on by the learned counsel for the petitioner are distinguishable. they do not hold as a rule of thumb .....
Tag this Judgment!Court : Rajasthan
Reported in : 1992(1)WLC571; 1991WLN(UC)286
..... him, to file a suit under section 31 of this specific relief act to have that written instrument adjudged void or voidable. the appellant did not take recourse to either of these remedies. the plaintiff-appellant was totally ..... is not void but is voidable. a definite remedy is provided to have a contract rescinded by a suit where the contract is voidable under section 27 of the specific relief act and so also if any person has reasonable apprehension that an instrument which is void or voidable, if left outstanding, may cause serious injury to ..... court that the appellant was only a 'benamidar' in relation to the suit property, the learned counsel for the appellant invited my attention to section 4(2) of the benami transaction (prohibition) act, 1988 which provides, that no defence based on any right in respect of any property held benami, whether against-the person in whose .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2006(4)Raj3323
..... cannot go into the nature and extent of punishment and substitute another punishment for the punishment awarded by the authorities. counsel pointed out that in terms of section 71 of the army act dismissal is a lesser punishment and referred to union of india v. r.k. sharma : air2001sc3053 , in this regard.45. we find substance ..... as being 'elaborate and generally follows the pattern of the procedure under the code of criminal procedure'. the dispute therein had arisen in the context of section 125 of the act which confers discretion on the commanding officer etc. to decide as to whether the offence shall be tried by ordinary criminal court or the court-martial, ..... the contention that the restriction or abrogation of the fundamental rights in exercise of the power conferred by article 33 is limited to one set out in section 21 of the act....17. it would thus appear, having regard to the constitutional mandate of article 33 as explained in the aforementioned decisions of the apex court, that .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1973Raj1; 1972()WLN571
..... . note 2 of that notification runs as follows :--'the expression 'city' refers to the area included in the municipality as constituted from time to time under the rajasthan municipalities act, 1959, rajasthan act (33 of 19591 or any other law for the time being in force'.we accordingly, decide the revisionapplication as indicated above. we leavethe parties to bear their own costs .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1953Raj46
..... the help of the various provisions in the constitution and the only conclusion we can come to, under these circumstances, is that the condition prescribed in section 7(1)(b) of wards act, viz., making of the declaration by the darbar, has not been complied with.18. under these circumstances, the superintendence of the jagir of the ..... . it is common ground that the assumption of the property under court of wards is being made on account of the alleged disqualification under section 7 (1) (b) (ii) of the act. the provisions of that clause have already been stated in an earlier part of the judgment. those provisions require a declaration by the durbar ..... kamdar from doing violent action and this shows the incapability of the thakur to manage his thikana affairs in accordance with the provi-sions of section 7 (b), marwar court of wards act, and consequently the thakur deserves to be declared incapable to manage his thikana affairs. besides, the thakur exerts undue influence in the proper discharge .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1956Raj81
..... means a court situate outside india and not established or continued by the authority of the central government'. if it were not for the provisions contained in section 20 of act ii of 1951, which shall be discussed hereinafter the consequence of such a change in definition would be same as in the case of rajasthan civil procedure code (adaptation) ..... to this change in the definition of the foreign court. while providing for the repeal of the corresponding law in force in any part b state, act ii of 1951 further provided in section 20 that the repeal shall not affect--(a) ......................(b) any right, privilege, obligation or liability acquired, accrued or incurred under any law so ..... the international law has been recognized by the legislature of the country and this is a right which had accrued to him under section 44a, civil p. c. in my humble opinion, section 20 of act no. ii of 1951 expressly saves such right and gives him remedy to raise objections in execution in a court of law .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1996Raj6; 1995(2)WLC640; 1995(1)WLN480
..... question of deprivation of right of succession.14. it was then contended by the learnedcounsel that the will has not been proved as required by section 63 of the indian succession act. section 63 prescribes the manner in which an unprivileged will is to be executed and it is the duty of the district judge deciding the petition for ..... the learned district judge needs no interference.15. then the learned counsel submitted that the gratuity and pension are not property as contemplated by section 6 of the transfer of property act. in his submission, pension payable to a government servant is not a property which can be transferred and gratuity is a mere possibility of ..... into consideration the entire evidence on record, the learneddistrict judge came to a conclusion that the will was genuine, it was duly proved as required by section 63 of the indian succession act. he, therefore, ordered grant of probate.4. this order was impugned in misc. appeal no. 2/94 on several grounds mentioned in the memo .....
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