Court : Rajasthan Jodhpur
..... pratap nagar).udaipur were concluded and an award came to be made on 04.02.2006. later, the land acquisition officer [ lao ].moved an application to the civil judge (senior division).udaipur under section 31 of the land acquisition act, 1894 [ the act ].with the submission that despite serving of personal notice and publication, the khatedar was not ..... willing to accept the amount of award; and, therefore, an amount of rs.8,95,026/- was sought to be deposited by way of cheque no.040676 dated 20.11.2006 towards ..... , it was specifically mentioned that the khatedar of the land were requested to receive the amount of compensation by service of notice in terms of section 12 (2) of the act and the notice was also published in the daily newspaper danik bhaskar, however, since the khatedars did not agree to receive the amount of compensation .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... is likely to affect adversely and substantially the landlord interest therein; or . a over all view of the various grounds indicated under section 13(1) of the act including section 13(1)(d) of the act reveals that the ground seeking eviction should sprang up at some point later than when the premises was let out and there has ..... not be merely sentimental, speculative or trifling, or damage that is merely temporary, fleeting or evanescent. . 16. it is clear from clause (iv) of section 10(2) of the act that what is envisaged therein is only private nuisance and not public nuisance. this can be discerned 15 from the words nuisance to the occupiers of other portions ..... the year 1973 and the plaintiff has failed to point out any terminus quo as to from when the defendants 'created nuisance', the ingredients of section 13(1) (d) of the act are apparently not fulfilled. interestingly, the plaintiff did not place any material on record in support of the contention about nuisance being caused by the .....
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..... sought for removing the existing way and permanent injunction against the defendants from entering into and/or utilizing the field of the plaintiff. the provisions of section 207 of the act reads thus:- 207. suits and applications cognizable by revenue court only (1) all suits and application of the nature specified in the third schedule shall ..... the order passed by the trial court and came to the same conclusion that the suit was triable by the revenue courts and the provisions of section 251 (2) of the act did not help the cause of the plaintiff. it was contented by learned counsel for the appellant that both the courts below have wrongly construed ..... the defendants filed an application under order vii, rule 11 cpc seeking to contend that the suit filed by the plaintiff was barred under section 207 of the rajasthan tenancy act, 1955 ('the act').reply thereof was filed by the appellant-plaintiff and the contention was disputed. the learned trial court by its impugned judgment, came to the .....
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..... status of landlord qua the defendant tenant and the attornment in his favour was automatic and consequently he was entitled to terminate the tenancy under section 106 of the transfer of property act and the same was rightly granted by the learned trial court but it was reversed by the learned first appellate court on a wholly erroneous ..... ground. he also submitted that the matter is squarely covered by the decision of supreme court in the case of som dev & ors. vs. rati ram & anr. - air2006sc3297= (2006) 10 ..... conferred upon any party to the suit, then the registration and stamping of such decree upon compromise, is not required as per the clear provisions of section 17(2) (vi) of the registration act, 1908. if only shop was purchased by any party to the partition suit & was transferred to other party as a consideration for compromise, it .....
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..... and the provision aforesaid nowhere mentions for rectification of 'apparent mistakes' only. the statute refers 'rectification of mistake' and the scope of sub-section (1) of section 64 of the act of 1932 is sufficient enough to infer that the registrar is having authority to conduct an inquiry too within the permissible limits for rectification of ..... . the legislature has given these two modes for rectification of the mistakes to the registrar for distinct purposes. the power given under sub-section(2) of section 64 of the act of 1932 can be invoked where all partners of the firm are at consensus about the mistake occurred in the document relating to the ..... questioning the entries dated 07.02.2005 and 13.10.2006 recorded in the register of firms. where there is bona fide dispute about the documents and interpretation of various laws requiring recording of evidence, the matter cannot be adjudicated under section 64 of the act which being a summary proceeding, wherein only rectification of any .....
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..... in the mining branch looking to her merit position. 9. the respondent college in its reply to the writ petition has taken the stand that section 46 of the mines act, 1952, prohibits employment of women in mining operation and therefore, when job oriented education does not provide for any job after obtaining degree in ..... the denial of admission to women in undergraduate course in discipline of mining engineering on the ground of alleged prohibition by virtue of provisions of section 46 of the mines act, does not stand to reason. obviously, the admission to the post graduate course can be granted to the female candidates only if they ..... of engineering courses conducted by the college of technology and engineering, udaipur, the fourth respondent herein. the petitioner had given second option for mining branch under self finance seat (sfs) and ninth option for mining branch under government aided seats (gas). after filling up online option form, the respondent issued institution-wise seat .....
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..... 1995 in para no. 1, one constable no. 894 chiranji lal was deputed on the said vehicle. thus, in view of the provisions of section 102, cr. p.c. and section 81 of the mv act, the necessary parties were to be impleaded in the present array of the respondents and they were liable to pay the compensation. he has further ..... . 3. thereafter claim petition was filed; certain issues were framed and after hearing all the parties, the learned tribunal passed the aforesaid impugned judgment and award dated 8-11-2006, awarding rs. 2,44,000/- as compensation in favour of claimants. 4. being aggrieved by the aforesaid judgement and award, the instant appeal has been filed by the ..... in a safe condition and it was on the negligence of their part, which had resulted into the present accident, contrary to the provisions of cr.p.c. and mv act. hence, the police authorities were liable to pay the compensation, if any, to the claimant. he has further contended that as observed in previous award dated 5-7 .....
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..... test) bench reader (promotion on basis of seniority) subject to efficiency senior bench reader/senior court masters (on basis of seniority subject to efficiency) superintendents (judicial and general sections) assistant registrar (on basis of seniority -cum- merit) deputy registrar (administration) (by way of selection) 20 rules of 2002 junior judicial assistant (lower division clerk//enquiry ..... of rs.10000- 15200, in that context, the answering respondent has asserted that the pay scale of court masters has been revised with effect from 1.9.2006, consequent whereupon, their grade pay has been fixed at rs.4200/-, compared to that of the feeder post of stamp reporter, pegged at rs.3600/-. it ..... 23 that the appointment of a stamp reporter to the post of court master under the relevant rules is not a promotion and cannot thus be acted upon to be a third promotion for the lower division clerk/junior judicial assistant in the service of this court to determine their third selection grade under .....
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..... clearly stated that there are inherent limitations in exercise of that power of judicial review. government is the guardian of the finances of the state. it is expected to protect the financial interest of the state. the right to refuse the lowest or ..... it.3. that the second sale was under the authority of the collector available to him under the first proviso to section 89(1) read with condition no.(4) of the permission dated 1.5.2003 granted to indigold to purchase the concerned ..... , jodhpur (for short 'the association') who have applied for allotment of shops pursuant to notification/ advertisement dated 13.12.2006 issued by the second respondent. the facts necessary and germane to the matter are that second respondent published an advertisement in ..... plots by the state government is not desirable if there is no material placed on record to show that government has not acted in furtherance of public interest. the supreme court in rajasthan housing board & anr. v. g.s.investments and anr., .....
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..... the facts in short are that the respondent had filed an application before the trial court on 21.8.2009 under section 12 read with sections 18.19,20 and 22 of protection of women against domestic violence act, 2005. the petitioner was summoned in the same. aggrieved, he moved an application before the court praying that no ..... the present application was moved on 21.8.2009. accordingly, the application under the protection of women against domestic violence act, 2005 was dismissed by the trial court. the respondent ..... cognizance can be taken under the said act as the act was enacted in the year 2005 and made 2 effective in the year 2006 whereas .....
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