Court : Rajasthan
Decided on : Jan-05-2009
Reported in : RLW2009(2)Raj1750
..... appellate court observed that the present suit was filed in the court on 3.11.2003 after serving a notice under section 106 of the transfer of property act and, therefore, the amendment sought by the defendant appears to be not necessary. learned counsel for the petitioner submitted that in para no. 9 of the impugned order dated 22.10 ..... 2001 are not applicable is the basic question for exercise of jurisdiction by the court. in fact, so far as the applicability of these acts are concerned, the amendment in the written statement may not have been needed because of the reason that, that could have been raised and could have been decided by the court even ..... .2008, the* first appellate court observed that the plaintiffs filed new suit because of the fact that the act of 1950 became inapplicable in the area and thereby the .....
Tag this Judgment!Court : Rajasthan
Decided on : Jan-06-2009
Reported in : RLW2009(1)Raj790
..... , all things done, actions taken or orders made under the said ordinance shall be deemed to have been done, taken or made under this act.indian medical council act. 1956section 10b(1)10b. non-recognition of medical qualifications in certain cases. - (1) where any medical college is established except with the previous ..... to the central government to have such qualification recognized, and the central government after consulting the council, may, by notification in the official gazette, amend the first schedule so as to include such qualification therein, and any such notification may also direct that an entry shall be made in the ..... with the university of rajasthan and rajasthan technical university shall stand automatically modified/amended as per enactment of the rajasthan university of health sciences act. air such colleges and institutions shall seek affiliation as per provisions of the said act. the rajasthan university of health sciences will conduct examinations and declare results .....
Tag this Judgment!Court : Rajasthan
Decided on : Jan-12-2009
Reported in : RLW2009(4)Raj3034
..... courts when such claim is made to proceed to adjudicate upon the applicants claim in accordance with provisions contained hereinafter. this refers to order 21, rule 101 (as amended by 1976 act) under which all questions relating to right, title or interest in the property arising between the parties under order 21 rule 97 or rule 99 shall be determined by ..... are decided by summary proceedings on the basis of affidavits and no separate suit can be filed or lies at the instance of objectors after amendment in the cpc w.e.f. 1.2.1977 by act no. 104/1996. he also relied upon the following judgments in support of his submissions:i) ram chandra verma v. jagan singh singhi 1996 ..... the court and not by a separate suit. by the amendment, one has not to go for a fresh suit but all matter pertaining to that property even if .....
Tag this Judgment!Court : Rajasthan
Decided on : Jan-15-2009
Reported in : AIR2009Raj138; RLW2009(3)Raj1919
..... no. 1 was upon the plaintiff and burden of issue no. 5 was upon the defendant. the defendant submitted an application under order 14 rule 5 cpc and prayed for amending of the issue no. 5 and proposed new issue, upon which after hearing both the parties, the trial court observed that issue no. 1 has not been properly framed and ..... the defendant no. 1 and executed the sale deed on 31st july, 1979 and, therefore, the suit on the basis of the rent deed in question is not maintainable. the amended issue no. 1 is only that whether the defendant no. 1 took the house on rent from plaintiffs and defendant no. 2 for a rent of rs. 60/-per month .....
Tag this Judgment!Court : Rajasthan
Decided on : Feb-05-2009
Reported in : RLW2009(3)Raj2517
..... always necessary that there be any agreement for dowry. section 113-b of the evidence act is also relevant in this case. both section 304-b ipc and section 113-b of the evidence act were inserted as noted earlier by the dowry prohibition (amendment) act 43 of 1986 with a view to combat the increasing menace of dowry deaths.section ..... and inferences can be drawn on the basis of such evidence. that could be either direct or indirect. it is significant that section 4 of the act, was also amended by means of act 63 of 1984, under which it is an offence to demand dowry directly or indirectly from the parents or other relatives or guardian of a bride ..... the purview of the 'death occurring otherwise than in normal circumstances.' the expression 'soon before' is very relevant where section 113-b of the evidence act and section 304-b ipc are pressed into service. prosecution is obliged to show that soon before the occurrence there was cruelty or harassment and only in that case presumption operates. .....
Tag this Judgment!Court : Rajasthan
Decided on : Feb-05-2009
Reported in : (2009)223CTR(Raj)414; [2009]181TAXMAN168(Raj)
..... assessee? the cbdt in circular letter f. no. 317/23/73 wt, dt. 24th july, 1973, referring to the exemption under section 5(1)(iv) of the act states thus:after the amendment of the above section from 1st april, 1972, it reads as under:one house or part of a house belonging to the assessee.the point for consideration is ..... or part of house should belong to the assessee.the letter/circular f. no. 317/23/73 wt, dt. 24th july, 1973, issued by the department reads:after the amendment of the above section from 1st april, 1972, it reads as under:one house or part of a house belonging to the assessee.the point for consideration is whether exemption ..... of the wto. against the appellate order, further appeal was preferred before the tribunal. the tribunal granted the benefit of exemption under section 5(1)(iv) of the wt act. under such circumstances, following reference has been made seeking opinion of this court:whether on the facts and in the circumstances of the case the tribunal was justified in .....
Tag this Judgment!Court : Rajasthan
Decided on : Feb-06-2009
Reported in : RLW2009(3)Raj1935
..... to jail for alleged violation of court's directions granted in temporary injunction matter. the said decree dated 22.10.1974, therefore, did not require any amendment. though the said confusion appears to have arisen because portion of the decree dtd.22.10.1074 quoted above 'rajaram is further directed to restore possession ..... more specifically by achleshwar, that he forcibly acquired possession over the plot for which he is required to vacate. then it was consciously noticed that though the amendment application of plaintiff achleshwar for restoration of possession, has been disallowed at the fag end of the argument, on the ground that it will cover his misc. ..... said by all the witnesses, and more specifically by achleshwar, that he forcibly acquired possession over the plot for which he is required to vacate. though the amendment application of plaintiff achleshwar, for restoration of possession, has been disallowed at the fag end of the argument, on the ground that it will cover his misc. .....
Tag this Judgment!Court : Rajasthan
Decided on : Feb-17-2009
Reported in : RLW2009(4)Raj3502
..... filed on 19.8.1995 was again filed by the plaintiff waiving his claim of arrears of rent by rs. 7000/- and thus amended suit registered on 1.11.2004 as suit no. 23/2004 - mohan lal v. ram lal was instituted in the learned trial court ..... 11 c.p.c. inter alia stating that in the meanwhile since new rent control act, 2001 had come into force w.e.f. 1.4.2003, therefore, the amended suit as instituted on 10.11.2004 was not maintainable in the said court, but ..... . pankaj bohra, learned counsel appearing for the petitioner drawing attention of the courts towards section 32 of the new rajasthan rent control act, 2001 submitted that no right vested in the plaintiff and therefore, the earlier suit instituted which was returned for proper presentation when ..... could be filed only before the rent tribunal as per the provisions of new rent control act, 2001. the learned trial court has rejected .....
Tag this Judgment!Court : Rajasthan
Decided on : Feb-27-2009
Reported in : 2009(3)WLN94
..... of the finding, they were not required to be recorded at the state (stage?) of post-confirmation petition under section 164(2) of the act. in our view since rule 62 has since been amended in 1992 after the judgment in s.n. mukherjee's case (supra) the entire foundation of the aforesaid judgment in s.n. mukherjee's ..... been dispensed with expressly or by necessary implication an administrative authority exercising judicial or quasi-judicial functions is required to record the reasons for its decision.since in the amended army rule 62 the requirement of recording reasons in support of a court martial verdict has now been statutorily incorporated, the principles laid down in s.n. ..... for such rejection or not, is the main issue requires adjudication in this petition for writ.2. the factual matrix of the case is that the petitioner joined the indian army on 18.06.1984 in capacity of a sepoy in the trade of clerk (g/d). while serving at station headquarters, bikaner as combatant in the regular .....
Tag this Judgment!Court : Rajasthan
Decided on : Mar-03-2009
Reported in : 2009CriLJ3416; RLW2009(1)Raj693
..... with the challenges posed by alarmingly increasing hit and run accident caused especially by badly drunken drivers, the government (legislature) should amend the laws suitably and make the offence under section 304-a of ipc non-bailable and propose punishment which may extend to ten years imprisonment and fine. nevertheless, the police should not be permitted to ..... the car and on the contrary hit the students and fled from there. he made no efforts to stop the car and thus, his act is punishable under section 304 of ipc;8. at the very outset, the learned counsel for the respondent vijit singh assailed the maintainability of these revision petitions on the ground that ..... graver and more serious charge of culpable homicide.25. section 304-a carves out a specific performance where it is caused by doing a rash or negligent act and that act does not amount to culpable homicide under section 299 or murder under section 300. similarly, in other cases cited by the learned counsel for the respondent .....
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