Court : Rajasthan
Reported in : I(2005)ACC103; AIR2004Raj250; RLW2004(4)Raj2321
ORDERSunil Kumar Garg, J.1. All the aforesaid writ petitions are being decided by this common order as in all of them common questions of law and facts are involved.S.B. Civil Writ Petition No. 6759/20032. This writ petition under Articles 226 and 227 of the Constitution of India has been filed by the petitioner against the respondents on 29-11-2003 with the prayer that by appropriate writ, order or direction, the judgment dated 7-11-2003 (Annexure P/4) passed by the respondent No. 2 State Transport Appellate Tribunal (for short 'the Tribunal') by which the Tribunal allowed the appeals of the respondent Nos. 4, to 6, namely, Nirmal Kumar, Shiv Bhagwan and Satvir respectively and set aside the order dated 13-6-2000 (Annexure P/2) passed by the respondent No. 3 Regional Transport Authority, Bikaner rejecting the applications of the respondent Nos. 4 to 6 for renewal of the permits on the inter-State route Bhadra-Hissar via Bagla, be quashed and set aside.3. The case of the petitioner as ...
Tag this Judgment!Court : Rajasthan
Reported in : [1987]63STC78(Raj)
..... assessment years in the light of the provisions adverted above they are, accordingly, set aside and the sales tax tribunal constituted under section 2a of the act (inserted by the amendment act) is directed to redecide the seven revisions which were filed by the dealer-assessee against the orders of the deputy commissioner only to ..... determine was whether the assessments made by the assessing authority in respect of the 7 assessment years under consideration were validly made in accordance with section 10 of the act. the board was called upon to determine in respect of each assessment year whether the assessment made by the assessing authority was sustainable under the ..... purchase tax on ajwayan, sua, methi and poppy seeds. he also levied sales tax on urad, gram and bardana. penalties were imposed under section 7aa and section 16(1)(c) of the act. the dealer-assessee went in appeal and the deputy commissioner (appeals), commercial taxes, ajmer, by a common order dated 13th april, 1976, .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2003(2)Raj1373; 2002(4)WLN502
..... the authority should have refrained from deciding the case as this kind of dispute is not in its domain while exercising the powers conferred by section 28-a of the act of 1958. it has also wrongly been observed by the authority that petitioner was in habit of delaying tactics. the respondent no. 2 had ..... reinstated.9. apart from oral arguments, the petitioner has also submitted, written submissions in support of his case. the petitioner has contended mat under section 28-a of the act of 1958, the application was required to be preferred within 30 days which was not moved. an application was filed for condonation of delay but ..... initiated byhim, the respondent no. 2 switched on for redressal of his grievance to the remedyunder rajasthan shops and commercial establishment act, 1958 (hereinafter referredto as 'the act of 1958'). an application under section 28-a was preferred by the petitioner.the application being barred by time, a condonation application was also moved. thisapplication was .....
Tag this Judgment!Court : Rajasthan
Reported in : 1969WLN37
..... proceedings are instituted before a nyaya panchayat are ultra vires of the constitution the result is that the plaintiff's suit could not be dismissed under section 44 of the act.19. we, therefore, allow the revision application and set-aside the orders of the courts below dismissing the suit of the planitiff and remand ..... special provision and prescribes a period of limitation which is not exactly on the lines of the provisions contained in the indian limitation act. section 49 of the act makes the provisions of the indian limitation act inapplicable to the proceedings before a nyaya panchayat. these provisions of the law, therefore, result in prescribing two periods of limitation ..... this revision application is whether the suit even after it has been sent by the nyaya panchayat to the munsiff after the period of limitation under section 44 of the act, would govern the proceedings so far as the period of limitation is concerned. on behalf of the plaintiff it is contended that the provisions .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR2009Raj178; RLW2009(3)Raj2081
..... vacate and take another premises after weighing the pros and cons. we may add that there are certain other differences in the old and new acts also under section 9 of the new act and section 13 of the old act which provide the grounds and procedure for seeking eviction.28. we would, therefore, answer the question no. 1 in the negative and hold ..... but that cannot be a ground to lead to the conclusion that by virtue of a different approach being given under the new provisions of section 6, the provisions of section 6 of the old act of 1950 stood repealed and the considerations mentioned therein were not to be taken into account by the court while dealing with the applications instituted ..... counsel for the parties on the aforesaid question which has been quoted above in para 13 of the judgment held as follows:(13) a bare perusal of section 6 of the old act goes to show that it provides for fixation of standard rent where no rent has been agreed upon or where for any reason the rent agreed upon .....
Tag this Judgment!Court : Rajasthan
Reported in : 1972WLN455
..... transfer' means a sale, or a mortgage where the final decree for foreclosure in respect thereof has been passed.the word 'land' has been for the purposes of this act defined in section 2(v) as follows:2 (v) 'land' includes things attached to the earth, or permanently fastened to anything attached to the earth, when sold or foreclosed along ..... also is of no avail to the petitioner as there the plaintiff was a mortgagee only and not owner of the property and claimed pre-emption.12. section 5 of the act speaks of the cases in which right of pre-emption does not accrue. it no where expressly or by implication states that there will be no right ..... person is not entitled to purchase under any law for the time being in force.the words 'transfer' and 'immovable property' appearing in these sections and the word 'sale' appearing in section 5 of the act are defined in section 2 as follows:2. (iv) 'immovable property' means land or house property wherever situated in the state;.(vii) 'sale' means a .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR2000Raj377; 2000(4)WLC218; 2000(2)WLN551
..... separate suit could be filed for recovering damages on account of expenses of the litigation. this contention does not take into account the pecuniary limitation prescribed by sub-section (2) of section 35a of the code of civil procedure where outer limit for such costs has been placed at rs. 3.000/- or the limits of the pecuniary jurisdiction ..... it is not necessary for the person injured to prove any malice or want of reasonable or probable cause. any person should not be allowed to suffer for an intentional act of other. all these are based upon sound principles of equity and justice.'6. in bachha pandey's case (supra) reference to a privy council decision in mohd ..... injury to property right. person suffering injury to property right cannot be left without any remedy. a person, who is deprived of exercising the acts of ownership over his property by a direct act of another person or through a motion in a law court at his instance, is certainly entitled to such damages as are necessary and .....
Tag this Judgment!Court : Rajasthan
Reported in : 1986(2)WLN748
..... is checked is that the films which are being exhibited should not harm the public order, decency and morality and other considerations which are contained in section 5b. this act is for the benefit of the public at large that the films which are being exhibited for the enjoyment of the public at large should not be such which ..... therin.before i deal with the aforesaid argument of the learned counsel i would like to discuss the scheme of the cinematograph act, 1952 (here in after referred to as 'the act') and the rules made thereunder. section 3 of the act deals with the formation of a board of film censors. for the purpose of sanctioning films for public exhibition the central ..... not. thus, it cannot be said that the amended proviso to rule 30 is beyond the scope of the provisions of sections 5a and 5b of the act. the amended proviso to rule 30 can be read harmoniously with sections 5a and 5b and every t.v. film which is produced by the producer has to obtain a certificate from the censor .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2009(4)Raj3112; 2009(3)WLN297
..... to the council such fees as it may prescribe, and may recover the same, if not paid in advance, and by sub-section (5) failure to act in accordance with sub-section (2) or sub-section (3) entails penalty of fine, which may extend to rupees twenty.6. in our view two categories of persons have been comprehended ..... into pursuant thereto, was not given to the petitioner. the petitioner alleges to have filed a criminal case on 01.11.1991 under section 379 ipc. the petitioner then referred to section 246 of the municipalities act, and submitted, that the carcasses are the property of their owners, therefore, the non-petitioners, being the municipality, or the contractor ..... seeks to challenge the order of the learned single judge dt. 16.08.1999, dismissing the appellant's writ petition, on the interpretation of section 92(2)(c) of the rajasthan municipalities act.2. the facts of the case are, that the petitioner filed the writ petition before this court, alleging inter alia, that the petitioner is .....
Tag this Judgment!Court : Rajasthan
Reported in : 2001(4)WLC308; 2007(2)WLN156
..... in the court, i find merit in the submission made by the learned counsel for the petitioner that there was no default and, therefore, the provisions of section 13(5) of the rent act were not warranted nor attracted and thus the impugned order cannot be sustained in the eyes of law and is quashed and the appeal is allowed.17. unfortunately ..... is filed or before that and not afterwards.15. in view of the law laid down and in view of the relanve provisions of the act and sections 13(3), 13(4) and 13(5) of the act, it is no doubt true that it is more convenient for the landlord to received the rent if it is deposited in the bank account ..... deposited only in the bank account. on such observations, the defence of the present appellant was struck off under sub-section (5) of section 13. in the present case sections 13(3), 13(4) and 13(5) of the rent act are material sections which are reproduced as under:13(3).--in a suit for eviction on the ground set forth in clause (a) of .....
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