Court : Rajasthan
Reported in : [2003]115CompCas343(Raj); 2002(4)WLC609; 2003(2)WLN250
..... .31. as a result, these appeals are allowed. as the petitioner has in pursuance of the option given by the learned company judge preferred applications under section 397 of the act, as a remedy more appropriate to proceed with in the first instance, the winding up petition is dismissed subject to the observations made above. the company ..... jurisdiction in the matter.30. in these circumstances, we deem it just and proper to dispose of these appeals by holding that on making application under section 397 of the act by the same petitioner, the winding up petition filed by him, which has not even been admitted, ought not to be proceeded with further particularly when ..... the winding up petition notwithstanding his prima facie conclusion it was desirable to see that if the petitioners choose to go before the company law board under section 397 of the act, the matter must be examined there in the first instance and thereafter parties may have resort to their remedies against that order. the right of .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1973Raj317; 1973()WLN249
..... place or in any other place for the purpose of carrying passengers or goods unless the vehicle is registered in accordance with chapter iii of the act.12. another important section is 31 of the act and it reads as follows:--'31. where the ownership of any motor vehicle registered under this chapter is transferred,-- (a) the transferor shall, within ..... india general insurance co. ltd. v. captain itbar singh, air 1959 sc 1331, where their lordships of the supreme court were called upon to interpret section 96 of the motor vehicles act. it was observed:'to start with it is necessary to remember that apart from the statute an insurer has no right to be made a party to ..... lal to sardar -brijendra singh.11. learned counsel for the parties have also argued another aspect of this matter and we have considered that as well. section 22 of the motor vehicles act provides that no person shall drive any motor vehicle and no, owner of a motor vehicle shall cause or permit the vehicle to be driven in .....
Tag this Judgment!Court : Rajasthan
Reported in : 1975(8)WLN508
..... law as regards confessions to police officers to stop the user of such a confession in favour of an accused person. the resultant impasse created by sections 25, 26 and 27 of evidence act and section 162, crpc (old) is to about out as legally inadmissible not merely any confession made to police officer but anything said to a police officer ..... 15 p.m. at the police station, barmer can therefore, be used in favor of the accused appellant though, such a statement cannot be used against him section 25 of the evidence act provides that no confession made to a police officer, shall be proved as against a person accused of any offence. there is nothing in the most unsatisfactory state ..... 8.15 p.m. on 24/10/1970 can by used in favour of the accused-appellant according to the provisions of section 25 of the indian evidence act, and section 162, cr.p.c. (old) section 25 of the evidence act reads as under:25. no confession made to a police officer, shall be proved as, against a person accused of any .....
Tag this Judgment!Court : Rajasthan
Reported in : III(2004)ACC616; 2006ACJ1602; RLW2004(4)Raj2483; 2004(3)WLC177
..... exceeds 12,000 kilograms;'it will be worthwhile to mention here that there is one more relevant category of the vehicle, which is defined in sub-section (47) of the section 2 of the act of 1988, i.e. 'transport vehicle'. the definition is quoted:-'(47) 'transport vehicle' means a public service vehicle, a goods carriage, an ..... educational institution bus or a private service vehicle;'the section 10 of the act of 1988 as it was in force before 14th nov., 1994 provides that the driving licence shall expressly entitle the holder of the licence to drive the ..... both the vehicles have been included in the definition of transport vehicle. though there was separate category of the vehicles in the unamended provisions of sub-section (2) of the act of 1988, but by amendment of 1994 this distinction has been taken away. in the back drop of these legal provisions, if the judgment delivered .....
Tag this Judgment!Court : Rajasthan
Reported in : 1988(2)WLN580
..... dues against the alleged losses suffered by the respondent company. after that also correspondence was exchanged between the parties. ultimately, the petitioner had sent a notice under section 434 of the companies act, 1956 on 9th october, 1986, whereby a request was made to clear the outstanding dues amounting to rs. 1,17,644/- within a period of 21 ..... any damages, and the goods were appropriated. as such, i have to examine as to what is the effect of this conduct of the respondent company. section 55 of the contract act reads as under:55. effect of failure to perform at fixed time, in contract in which time is essential: when a party to a contract promises to ..... broken because the purchaser having the money in his hands may go to the market and buy. section 57 of the sale of goods act and section 73 of the indian contract act make this position absolutely clear. section 73 of the indian contract act also gives right to claim damages in case the contract is breached by the other party and .....
Tag this Judgment!Court : Rajasthan
Reported in : 2001(4)WLN464
..... 18.3.1998.(3). objections were filed by the respective parlies, but the objections filed by ihe respondent were late by 18-20 days. application under section 5 of the limitation act was also filed. the court vide its order dated 23.1.1999 had made the award as rule of court by rejecting the objections of the respondents ..... providing that arbitrator should state reasons for award and failure to give reasons, invalidates the award and the award is to be remitted to arbitrator under section 16(i)(c) of the arbitration act, 1940. it was a case where the arbitration agreement had specifically provided that in case the claim is in excess of certain amount, the ..... has no existence apart from the impugned contract and must perish with it. an agreement for arbitration is the very foundation on which the jurisdiction of the arbitrators to act rests, and where that is not in existence at the time when they enter on their duties, the proceedings must be held to be wholly without jurisdiction. and .....
Tag this Judgment!Court : Rajasthan
Reported in : (2002)172CTR(Raj)112; [2002]255ITR329(Raj); 2001(3)WLC720; 2001(4)WLN90
..... on the record is correctly perceived we see no difficulty in finding answer to the question about the nature of share transaction carried on by the assessee. section 43(5) of the act in light of which the facts and circumstances are to be considered to find whether loss in question was speculative loss reads as under:'43 .......... (1) ..... the company by the appellant also does not arise since the company sends dividend to the person in whose name shares are ultimately registered as per section 206 ofthe companies act. the actual delivery of shares having taken place in the purchase and sales of share, the matter regarding difference having been paid is of no ..... after taking delivery according to the association rules.' all these shares had been delivered in the blank shape i.e. blank transfers, recognised by section 108(1a) of the companies act. this aspect of the matter has been discussed in detail in the written submissions made by the learned counsel for the appellant. thus all .....
Tag this Judgment!Court : Rajasthan
Reported in : II(1988)ACC603; (1990)ILLJ239Raj
..... determined the amount of compensation in the instant case the claim petitions were filed not under the workmen's compensation act but under the motor vehicles act. section 110aa of the motor vehicles act provides that notwithstanding anything contained in the workmen's compensation act, 1923, where the death or bodily injury to any person gives rise to a claim for compensation under the motor ..... respect of the death of an employee only under the provisions of the workmen's compensation act, 1923 and not otherwise. the difficulty in accepting this argument is that section 110-aa of the motor vehicles act provides that notwithstanding anything contained in the workmen's compensation act, 1923, where the death or bodily injury to any person gives rise to a claim for .....
Tag this Judgment!Court : Rajasthan
Reported in : 2001CriLJ1607; 2001(4)WLN64
..... operative till the question relating to citizenship of the plaintiff-appellants is not finally decided by an appropriate authority as postulated under sub-section (2) of section 9 of the indian citizenship act, 1955 read with the rules framed thereunder provided the plaintiff-appellants within a period of one month from today file an application under ..... reported in air 1984 sc 1714. in case of mohammad din (supra), their lordships ruled that from the amplitude of the language employed in section 9 of the indian citizenship act, 1955, the legislative intention has been made clear that all cases which come up for determination where an indian citizen has voluntarily acquired the ..... passed in the second appeal. this is an allegation as to civil contempt and not of criminal contempt. civil contempt has been defined in section 2(b) of the contempt of courts act, 1971, to mean wilful disobedience to any judgment, decree, direction, order, writ, or other process of a court or wilful breach of .....
Tag this Judgment!Court : Rajasthan
Reported in : 2002(4)WLC227; 2002(5)WLN713
..... and the court held that even if there was any vested right of the employees for absorption under the said ordinance, it had been taken away by the act and, therefore, section 6 of the act, 1897 had no application.in t. barai v. henry ah hoe and anr. : 1983crilj164 , the hon'ble supreme court considered the effect of amendment of ..... had accrued.in ambalal sarabhai enterprises ltd. v. amrit lal and ors. : air2001sc3580 , the apex court held that in order to determine whether the provisions of section 6 of the act, 1897 are attracted, the courts have to scrutinize and find whether a person under the repealled statute had any vested right. the court further observed that the accrued ..... right in terms of section 6(c) of the act, 1897 refers to any right which may not be limited as a vested right but is limited to an accrued right which may be very wide, .....
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