Judgment Search Results Home > Cases Phrase: indian boilers amendment act 2007 section 11 amendment of section 11 Sorted by: old Court: rajasthan Year: 1998 Page 1 of about 14 results (0.112 seconds)

Govind Singh and ors. Vs. Man Singh and ors.

Court : Rajasthan

Reported in : AIR1999Raj22; 1999(2)WLC218; 1998(1)WLN88

..... and there was also knowledge of institution and pendency of the suit to the defendant and, lastly, the finding of the learned appellate judge that the amendment by way of addition of second proviso to rule 13 of order 9, cpc by amendment act 1976 could not be applied to the case in hand since the original suit was already pending when the ..... amendment came into force and hence no retrospective effect could be given to the newly added provision of rule 13 of order 9, cpc. 8. however, the learned ..... second proviso to rule 13 of order 9, cpc could not be applied to the proceedings of the suit which were already pending at the time of insertion of the amendment as such. 20. the learned counsel for the petitioners has also relied on the ratio of decision rendered in murarilal v. state of m.p. air 1980 sc 531 : (1980 .....

Surya Prakash and Naraini Vs. State of Rajasthan

Court : Rajasthan

Reported in : II(1998)DMC118

..... , which was held to be admissible in evidence under section 32 of the evidence act.23. we have given our anxious and thoughtful consideration to the rival submissions section 304b, ipc has been inserted by the dowry prohibition amendment act, 1986 with a view to combating the increased menace of dowry deaths. this section ..... death. the explanation appended to section 304b, ipc, lays down that for the purpose of sub- section (1) 'dowry' shall have the same meaning as in section 2 of the dowry prohibition act, 1961. by the aforesaid amendment act, section 113b has been inserted in the evidence act. it deals with the presumption as to ..... correctly discussed, analysed and scanned statements of prosecution witnesses on this score and committed patent illegality in convicting the appellants for the offence under section 304b, ipc.14. we shall now closely and critically scrutinise the prosecution evidence regarding the alleged cruelty or harassment perpetrated to smt. beena by the appellants 'soon .....

Phoneix Impex Vs. State of Rajasthan and ors.

Court : Rajasthan

Reported in : AIR1998Raj100; 1998(1)WLC725; 1998(1)WLN131

..... 29 and 55 of the banking regulation act of 19,49 have been substituted obviously for 'the limited purpose of the application of the provisions to the ..... and to the extent as mentioned in part v which was added vide act no. 23 of the act of 1965. the purpose of adding part v by the amendment act no. 23 of 1965 was only to bring co-operative banks under the banking regulation act of 1949 for the purpose of 'regulating banking business to the extent specified ..... in relation to, banking companies subject to the following modifications, namely : (a) throughout this act, unless the context otherwise, requires,--(i) reference to a 'banking company' or 'the company' or 'such company' shall be construed as references to a co-operative bank,' by the aforesaid amending act no. 23 of 1965, sections 5a, 7, 11, 18, 19, 20, 24a, .....

Surja Ram Vs. Shri Krishan Lal

Court : Rajasthan

Reported in : 1998(2)WLC558; 1998(1)WLN164

..... reason for so doing. simultaneously, another application came to be filed by the appellant before the trial court with reference to sections 56 and 57 of the indian evidence act read with section 151 cpc on 5.5.1989. notwithstanding the above, the aforesaid applications were rejected by the first appellate court vide its impugned judgment & ..... court has thus obviously committed material irregularity when having declined to entertain the aforesaid applications of the defendant-appellant moved under order 41 rule 27 cpc, for amendment of the written-statement sought by the defendant-appellant under order 6 rule 17 cpc and the application moved under order 10 rules 1 & 2 cpc and ..... hearing on 11.3.1993 and framed the following substantial question of law:whether the lower appellate court had erred in law in rejecting the application for amendment of the written statement under order 6 rule 17 cpc and consequently declined the prayer of the appellant to lead additional evidence in respect of the .....

Laxmi NaraIn Lath Trust Vs. Commissioner of Income-tax

Court : Rajasthan

Reported in : [2000]244ITR272(Raj)

..... the effect of the supplementary deed dated may 21, 1958, whereby clause (2)(vi) of the original deed had been amended, with reference to the provisions of the indian trusts act, 1882. it was held that although the provisions of the indian trusts act as such are not applicable to public trusts in view of section 1 of the said ..... specifically give their consent, their interest as beneficiaries cannot be curtailed or nullified. see in this respect sections 9, 11, 58, 61 and 78 of the indian trusts act. where the beneficiary is found incompetent to contract, no modification of the purpose of the trust is permissible without the approval of the principal civil court of original ..... tribunal restored the, decision of the income-tax officer and held that the. trust was not entitled to exemption under section 4(3)(i) of the indian income-tax act, 1922. this decision of the tribunal was upheld by the rajasthan high court when the assessee sought reference against the same. the decision is reported as .....

State of Rajasthan and anr. Vs. Mohammed Ikbal and ors.

Court : Rajasthan

Reported in : AIR1999Raj169; 1998(2)WLC649; 1998(1)WLN229

..... applicants-purchaser moved application under order 22, rule 10 read with order 1, rule 10, cpc. it was allowed by the learned trial court. thereafter the plaint was amended adding ground of bona fide need. the suit of the plaintiffs was decreed by the learned trial court on november 24, 1995. the defendants-state of rajasthan and another ..... back to the trial court under order 41, rule 25, cpc for framing additional issue on question of section 80, cpc. on september 4, 1997, written statement was amended and it was averred that the plaintiffs did not serve notice under section 80, cpc. the plaintiffs moved application under order 8, rule 9, cpc on september 20, 1997 ..... way of rejoinder is not inconsistent and at variance with the pleas originally taken in the plaint and whether new pleas which could only be introduced by way of amendment were raised in the rejoinder. in not doing so, the learned court below has committed jurisdictional error and if the order is allowed to stand, it would .....

Vaidhya Shyam Sunder Joshi Vs. JaIn Vishwa Bharti Ladnu and ors.

Court : Rajasthan

Reported in : AIR1998Raj227; 1998(3)WLC96; 1998(1)WLN251

..... the defendant no. 6, however, submitted reply to the application by raising objection that the plaintiff was bound by his admission made in the plaint and if the amendment is allowed then it would prejudice the case of the defendant, as the original shape of the plaint shall be changed.3. the learned trial court dismissed the application ..... restaurant v. p. anjanappa (air 1995 sc 1498) (supra) was discussed and distinguished and propounded thus (para 10 of air)-- 'consequently, it must be held that when the amendment sought in the written statement was of such a nature as to displace the plaintiff's case it could not be allowed as ruled by a three member bench of ..... i scr 728 : (air 1977 sc 680). in that case their lordships of the supreme court had to consider the question whether the defendant can he allowed to amend his written statement by taking an inconsistent plea as compared to the earlier plea which contained an admission in favour of the plaintiff. it was held that such an .....

Noor Khan Vs. State of Rajasthan

Court : Rajasthan

Reported in : 1(1998)ACC362; 1998(2)WLC676

..... an application for return of the vehicle because the jurisdiction of criminal court to entertain such application is not ousted by the amendment made in the essential commodities act by amendment act (30 of 1974).in m.v. act of m.v. taxation act, the jurisdiction of criminal court to entertain application under section 457, cr.p.c. is not ousted. an option, however, has been ..... any of these purposes or any purpose at all.(emphasis supplied)17. section 4, cr.p.c. provides thus:4. trial of offences under the indian penal code and other laws-(1) all offences under the indian penal code shall be investigated, inquired into, tried, and otherwise dealt with according to the provisions hereinafter contained.(2) all offences under any other laws .....

Champalal (deceased by L.R's.) Vs. Thakurji Shri Gopalji

Court : Rajasthan

Reported in : AIR1998Raj220; 1998WLC(Raj)UC559

..... was opposed by the plaintiff. however, after hearing both the parties, the learned trial court dismissed the above application vide its order dated 22-3-1996 but made necessary amendment in issue no. 4 and the burden of proving the same was placed on the plaintiff. hence this revision petition.8. i have heard mr. r. r. nagori ..... is a public trust or was constructed with the public funds. the plaintiff vehemently assailed the order of making an entry in the register under section 21 of the act passed by the assistant commissioner and maintained by the commissioner by filing the above civil suit. the above civil suit was decreed. the learned counsel for the petitioners ..... admitted that the above property is a public trust. he further submitted that when the assistant registrar ordered for making an entry in the register under section 21 of the act, the plaintiff challenged the same by filing a suit in the court of the learned addl. civil judge [junior division] no. 6, jodhpur and that suit has .....

Indian Hume Pipe Co. Ltd. Vs. State of Rajasthan and ors.

Court : Sales Tax Tribunal STT Rajasthan

..... has been admitted. it is alleged that a works contract cannot be treated to be an indivisible contract after coming into the force of the constitution (forty-sixth) amendment act, 1982 (amendment act). a works contract is to be treated as a divisible one consisting of two parts--one for the supply of material and the other for the supply of ..... and were dismissed. the present matters before us related to the period subsequent to the amendment act. shri gupta has placed his reliance on another judgment of allahabad high court, bench lucknow, in s.t.r. no.16/1991, commissioner of sales tax, uttar pradesh v. indian hume pipe company ltd. decided on july 21, 1995. this judgment is of no ..... in indian hume pipe company ltd. v. state of orissa decided on december 10, 1991 a copy of which has been placed on record as annexure 10. this judgment is of no help to the case of the applicant-company. the works contract in that case related to a period prior to the coming into force of the amendment act in .....