Court : Rajasthan
Reported in : 2009CriLJ748
..... charge is concerned we find that after susya and kalua put up appearance the charge against pintoo got amended. initially pintoo was charged under section 302 ipc and 3/25 arms act, but afterwards only alternative charge under section 302/149 ipc was added. there is nothing on record to show that pintoo was misled either by the said alternative charge or it had ..... on july 8, 2002 and proceeded against susya and kalua under sections 302/149 and 148 ipc. after appearance of susya and kalua learned trial court amended the charges on november 22, 2003 and charges under sections 302 in the alternative 302/149 and 3/25 arms act were framed against pintoo @ kamal kishore whereas dinesh chand, satish chand, susya @ lokesh, and kalua .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2009(1)Raj216
..... and ors. : [1978]2scr272 .4. star enterprises and ors. v. cidc of maharashtra ltd. and ors. : [1990]2scr826 .5. mahabir auto stores and ors. v. indian oil corporation and ors. : [1990]1scr818 .6. sterling computers ltd. v. m & n publications ltd. and ors. : air1996sc51 .7. tata cellular v. union of india ..... assistant collector of customs v. charan das malhotra : 1973ecr1(sc) .10. delhi administration v. manohar lal : 2002crilj4295 .11. state of orissa v. dhaniram luhar : 2004crilj1385 .12. indian railway construction co. ltd. v. ajay kumar : (2003)iillj150sc .13. union of india and ors. v. dinesh engineering corporation and anr. : air2001sc3887 .14. workman of meenakshi ..... manufacturing or supplying such plates with reference to the amendments made in the central motor vehicle rules, 1989 by the central motor vehicles (1st amendment) rules, 2001, in exercise of powers conferred by sub-section (3) of section 109 of the motor vehicles act, 1988, the centered government has framed the motor .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2008(4)Raj3593
..... sole plaintiff mithan lal died and thereafter his legal representatives were substituted in his place. the legal representatives moved an application under order 6 rule 17 cpc for amendment in the plaint pleading the bonafide necessity of smt. saraswati devi, widow of mithan lal, of the disputed premise. the application was contested by the defendant. the ..... , it is difficult to see how, without a fundamental alteration of the pleadings, appellants could continue the proceedings. such an alteration will fall beyond the scope of amendment of pleadings permissible under a most liberal interpretation of order 6, rule 17 of the code of civil procedure. plaintiff, who owned the premises, was entitled under ..... section 14(1) (e) of the act to ask for possession thereof on the ground that his wife and the other members of his family dependent on him must live with him but that there was .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2009(1)Raj140
..... of the proviso is satisfied.interlocutory orders, passed by the courts subordinate to the high court against which remedy of revision has been excluded by the cpc amendment act 46 of 1999 are nevertheless open to challenge in, and continue to be subject to, certiorari ad supervisory jurisdiction of the high court under articles 226 and ..... . the exercise of revisional jurisdiction in such a case is taken away by the substitution of the proviso to section 115(1) cpc by said amendment act 46 of 1999.the amendment is based on the malimath committees recommendations. the committee was of the opinion that the expression employed in section 115 cpc, which enables interference in ..... always in addition to the revisional jurisdiction conferred on it. the curtailment of revisional jurisdiction of the high court under section 115 c.p.c. by amendment act 46 of 1999 does not take away-and could not have taken away-the constitutional jurisdiction of the high court to issue a writ of certiorari to .....
Tag this Judgment!Court : Rajasthan
Reported in : [2009]148CompCas884(Raj)
..... held that the company ought to be wound up. on august 1, 2003, the bifr recorded consent of icicl idbi, ifcl uti, bank of baroda, sbi, indian overseas bank, bank of maharashtra and sanwa bank ltd., for winding up of the company;(v) the management is guilty of fraudulent accounting and mismanagement leading to most ..... with the revival of the scheme to be approved by the board for industrial and financial reconstruction under the provisions of the sick industrial companies (special provisions) act, 1985. the petitioner-company is making payment on compassionate ground duly approved by the committee constituted by the company law board. the petitioner-company is also ..... of companies, jaipur, intimated to its office regarding receipt of some complaints in respect of non payment of fixed deposits under section 58a of the companies act, which is subject to company law board orders dated december 29, 1997. the petitioner-company failed to submit no objection certificate to the scheme of arrangement .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2008(4)Raj3670
..... . one more suit was filed for cancellation of sale deed 4.10.1988 on 26.9.1991, copy of which is ex.d/40, which was amended and copy of amended suit is ex.d/42. the purchaser nirayana ram also filed cross suit, copy of which is ex.d/38. even a criminal case against jetha ..... rioting armed with deadly weapon under section 149 ipc. they also have rightly been convicted under section 307 ipc read with section 149 ipc, section 324 ipc read with section 149 ipc, section 325 ipc read with section 149 ipc and section 323 ipc read with section 149 ipc along with section 302 ipc read with section 149 ipc.36. the contention of learned counsel for ..... record were also obtained and statements of witnesses were recorded under section 161 crpc. the accused were arrested and they gave information under section 27 of the evidence act, on the basis of which the weapons of offence were recovered. copy of order appointing commissioner was also obtained and thereafter challan was filed against 27 accused persons .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2009(1)Raj62
..... anything to the contrary contained in any other law or any agreement, award or other instrument for the time being in force.35. the aforesaid provision was inserted to the act of 1972 by the amendment act no. 3 of 1985. prior to that, the central government had framed the scheme of 1974 under section 16(1) of the ..... legislative policy were held obiter in nature and contrary to pleadings and were, therefore, set aside. this court is unable to appreciate that the decisions in m. senthil kumar and indian jute mills associations having no co-relation to the present matter have at all been cited. be that as it may, the extreme hyper-technical argument on behalf of the ..... petitioner in this regard, i.e., the cases of secretary to the government and anr. v. m. senthil kumar 2005 air scw 1269; and union of india and ors. v. indian jute mills associations and ors. 2005 air scw 2723 have got no relevance even to the very question as posed by the petitioner. in m. senthil kumar (supra), an unsuccessful .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2008(4)Raj3681
..... in allowing the same.30. there is yet another aspect of the matter wherefor this writ petition does not merit admission. with amendment to the code of civil procedure by the amendment act of the year 1999, particularly with alteration in the scheme and operation of section 115 cpc, interference under article 227 of the ..... submitted that the defendants have consciously denied the title of the plaintiff-landlord and have incurred the liability for eviction for such denial; and the application for amendment has been moved only in order to frustrate the rights that have accrued to the plaintiff because of such pleading of the defendants and to frustrate the application ..... with a new plea that by virtue of the agreement, the plaintiff was appointed a mercantile agent and acted throughout in that capacity in placing orders on the defendants. the trial court rejected the prayer of amendment, inter alia, on the ground that the defendants wanted to resile from the admission made in paragraph 25 .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2008(4)Raj3188
..... government in exercise of the powers conferred under section 15 of the act of 1957 which are the rules of 1986 and particularly; rule 65a of the rules of 1986 and the granite policies declared by the state government in the year 1991, 1995 and amendment of 1996 introducing the reservation in the matter of grant of granite ..... lease to the persons of various categories ; and granite policy, 2002 framed by the state government.5. section 15 of the act of 1957 empowers the state government to frame the rules for the ..... counsel for the petitioners, one was withdrawn by the state government and another is under litigation.19. it will be worthwhile to mention here that an application for amendment of writ petition no. 5894/2005 and several other applications and documents and reply to the applications have been filed by the parties, detailed reference of which is .....
Tag this Judgment!Court : Rajasthan
Reported in : 2009CriLJ568; RLW2008(4)Raj2984
..... the central government does not have any authority to make any rules. subsequently, however, it appears that parliament by juvenile justice (amendment) act no. 33/06 has introduced various amendments and thereafter added a proviso to section 68. section 68 inter alia provides as under:68. power to make rules-(1) the state government ..... in shiv shakti cooperative housing society, nagpur v. swaraj developers and ors. : [2003]3scr762 while dealing with the question whether the amended provisions of section 115 especially the proviso effective after amendment by act of 1946 of 1999 w.e.f 1st july, 2002 would also apply to the pending proceedings held in para 32 of the ..... juvenile under section 2(k) of the juvenile justice (care and protection of children) act, 2000 has been rejected.2. factual matrix of the case is that a first information report for offence under section 365, 394,302 and 201 ipc was lodged against the petitioner with police station, khetri. petitioner applied for grant of bail .....
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