Court : Rajasthan
Reported in : 2008(3)WLN309
..... prayer was made with the submissions that the specific issue on the question of termination of tenancy was required to be framed and hence, issue no. 3 be amended to state the question if the plaintiff has terminated the tenancy of the defendant with effect from 30.04.2004 by serving the notice dt. 26.03.2004. ..... has not been issued by the state government. the suit for eviction by the landlord has, thus, been filed and maintained under the provisions of transfer of property act; and obviously, in such a suit consideration of any ground of eviction as provided under the inapplicable rent control legislation is not germane to the real questions in ..... on the questions of reasonable and bona fide requirement of the plaintiff and comparative hardship with the submissions that the suit having been filed under the transfer of property act, such questions were not required to be determined in this case. another prayer was made for correction of typographical error of the date as mentioned in issue no .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2008(4)Raj3286
..... it is submitted by learned counsel shri mc tailor that by section 112 of the wakf act, 1995 though the wakf act, 1954 and wakf (amended) act, 1984 have been repealed but as per sub-section (2) of section 112, the action taken under the repealed act have been saved and as per sub-section (3) where in any state any law ..... it is the bifurcated territorial jurisdiction between the principal seal and permanent bench seat of any high court. when the order passed under constitution by the president of indian has bifurcated and carved out the territorial jurisdiction of the principal seat of the rajasthan high court and permanent bench seat of the rajasthan high court then by giving ..... was in force, which corresponds to the act of 1995, that state law alone has been repealed .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2008(3)Raj2631
..... provisions for adjudication of claim and objections which were filed against the attachment of the property in execution. rule 58 of order 21 of the code as amended/substituted by the amendment act of 1976 (act 104 of 1976) is as follows :58(1) where any claim is preferred to, or any objection is made to the attachment of, any property ..... were allowed while deciding the objection petition summarily, only keeping in view certain bills which were not supported even by the formal affidavit. in my view after the amendment of 1976 the judgment passed under order 21 rule 58 of the code has attained finality subject to appeal and such judgment is akin and treated like a decree. ..... ; but, subject to the result of such suit, if any, an order so refusing to entertain the claim or objection shall be conclusive.7. according to the amending provision, all questions including questions of right, title or interest have to be gone into while deciding the claim or objection in a full-fledged manner and not in .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2008(4)Raj3153
..... would be altering the entire scope of the suit and to create complications in just decision of the matter. aggrieved by rejection of their application for amendment, the defendants have preferred this writ petition. 8. assailing the aforesaid order dated 06.01.2007, learned counsel for the defendants-petitioners has strenuously contended ..... ors. v. kiran appaso swami and ors. : air2007sc1663 , and andhra bank v. abn amro bank n.v. and ors. : air2007sc2511 to submit that the amendment of the written statement is considered from a very liberal stand point; that introduction of a new ground of defence or substituting or altering the defence even while taking inconsistent ..... a13. a comparison of the suggested pleadings with the existing pleadings and then a comprehension of the surrounding circumstances is sufficient to find the prayer for amendment being not bona fide. right from beginning of this litigation, the defendants were aware of the case they were meeting with and the case they were .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2009(1)Raj46
..... the high court of allahabad, it was held that there was no conflict between rule 161-a and the provisions contained in sections 53 and 54 of the indian railways act. the inconsistency sought to be demonstrated was not there. the learned judges further observed that the instructions against overloading were obviously aimed and designed for the reasons ..... from the date of notice of demand, the amount of penalty has to be reduced to 25% of the duty levied. thus, prescribing minimum leviable penalty, since amendment under section 11ac, to 25% of the duty on deposit of the amount for which demand has been created along with interest within prescribed time and waived amount ..... this court:(a) the penalty or punitive charges which are levied under the aforesaid rules of 1990 or 2004 prevailing during the relevant time which rules have been amended and substituted almost every year and rules of 2005, 2006 and 2007 have come into force later on, all such rules having been framed in accordance with .....
Tag this Judgment!Court : Rajasthan
Reported in : (2008)217CTR(Raj)497
..... section 143 after the expiry of twelve months specified in the proviso to sub-section (2) of section 143, as it stood immediately before the amendment of said sub-section by the finance act, 2002 (20 of 2002) but before the expiry of the time limit for making the assessment, re-assessment or re-computation as specified in ..... and even section 271(1)(c), as has been ordered by the learned assessing officer.15. before proceeding further, we may notice that the provisions of section 23 have undergone amendments in the year 1976, 1979, 1987, and 1993. however, the relevant provision with, which we are concerned, being section 23(1) (a)& (b) have not ..... that assessment year, and thus proceedings under section 147 were prayed to be dropped.9. learned assessing officer relied upon the provisions of section 23 as, substituted by amendment, which came into effect since 1.4.1976, and according to that provision, when the actual annual rent 'received' or 'receivable' is in excess of such estimated .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR2008Raj111; RLW2008(4)Raj3209
..... to mention here that on the same day, i.e. 17-11-2000 the appellant submitted an application for amendment of divorce petition to include the ground of desertion. before respondent's filing petition under section 9 of the hindu marriage act, the appellant-husband on 10-8-2000 offered respondent to take back her all goods and this request was ..... superintendent of police, jodhpur for taking action against the appellant, his father, brother and mother. on said report of the respondent, a criminal case under section 498a and 323, ipc was registered and ultimately, in criminal case no. 1045/01, the appellant and his mother tara devi were convicted under section 498a and 323 ..... by judgment dated 27-7-2004 and the appellant and his mother both were acquitted from the charge under sections 498a and 323, ipc.7. in the petition filed by the respondent under section 9 of the hindu marriage act, she stated that in her marriage, her father spent about rs. 4,00,000/-, but that was not sufficient for the .....
Tag this Judgment!Court : Rajasthan
Reported in : 2008CriLJ3579; RLW2008(3)Raj2522
..... under section 397 does not bar a person from invoking the power of the high court under section 482, it is equally true that the high court should not act as a second revisional court under the garb of exercising inherent powers. while exercising its inherent powers in such a matter it must be conscious of the fact that ..... to be incompetent further quoted the observations of abbott c.j. in fox v. bishop of chester reported in (1824) 2 b & c 635 as under:provisions of an act of parliament shall not be evaded by shift or contrivance...and also following words of (maxwell, 11th dition, page 109, 'to carry out effectually the object of a statute, ..... lower forum is always chosen. in my humble view, had the legislature amended section 397 of the code in the light of the amendment made in section 378 in appeal against the acquittal by act 25 with effect from 23.6.2006, this controversy could have been avoided. in amended section 378, the power to file appeal against the order of acquittal passed .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2008(3)Raj2410
..... no steps were taken to release the land by amending the scheme, in subsequent writ filed for implementation of the compromise, the hon'ble supreme court held that the high court erred in dismissing the writ petition. the state ..... from the scheme framed by the trust and to pay compensation for the remaining part at the rate of rs. 2 per square yard, but the scheme was not amended accordingly and in contempt petition filed by the filed by the appellant, the trust gave an undertaking in presence of state counsel to release part of the land, still ..... word 'vest' was considered and it was observed that the word 'vest' is a word of variable import, is shown by provisions of indian statutes also. reference was made to section 56 of the provincial insolvency act and it was observed that the property of the insolvent vests in the receiver not for all purposes but only for the purpose of .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2008(3)Raj2757
..... ors. : [1978]2scr272 (para 8), m/s. star enterprises and ors. v. cidc of maharashtra ltd. and ors. : [1990]2scr826 , mahabir auto stores and ors. v. indian oil corporation and ors. : [1990]1scr818 , sterling computers ltd. v. m & n publications ltd. and ors. : air1996sc51 , tata cellular v. union of india (1994) 6 scc ..... judge has, in fact, stated:'a revised bid also became necessary in view of the changed situation, namely, alterations, amendments and clarification in the schedules and the drawings, resulting in alternations and amendments both in respect of part-a i.e. supply of materials and part-b i.e. service.' the said finding ..... the matter of tender but still the respondent cannot be allowed to follow irrational, unreasonable or discriminatory process. in the present case, the respondent has acted irrationally, unreasonably, discriminatorily and arbitrarily in not allowing an opportunity to the petitioner- company to clarify the schedule of technical personnel which is annexure-11 .....
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