Court : Rajasthan
Reported in : 2008ACJ473; AIR2007Raj147; RLW2007(4)Raj3022
..... by any law in force.11. section 100a in the code of civil procedure was introduced for the first time by section 38 of the code of civil procedure (amendment) act, 1976 which came into effect from 1st february, 1977. the section so introduced reads thus:100a. no further appeal in certain cases.--notwithstanding anything contained in any letters ..... was concerned with the question whether the letters patent appeal would lie from the judgment of a single judge of the high court under section 299 of the indian succession act. it was held that the letters patent appeal shall be maintainable from the judgment of the single judge of the high court filed under section 299 of the ..... indian succession act. pertinently in subal paul's case the supreme court observed that whenever a statute provided such a bar it did so expressly as would appear from section .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2007(4)Raj3411
..... chand sold the demised premises to madan lal through registered sale-deed dated 26.12.1974 who was substituted in place of gopi chand and who had filed his own amended plaint seeking eviction of the defendant from the demised premises on the ground of default in the payment of rent for 22 months and 7 days i.e. w. ..... 2.1975 under order 6 rule 17 cpc and under order 1 rule 10 cpc for permission to be substituted in place of the original plaintiff gopi chand and for amendment of the pleadings. gopi chand also moved an application on 27.2.1975 before the trial court stating that he had no objection to the acceptance of the application ..... of the instant case.8. in the case of bharatpur wholesale sahkari upbhokta bhandar ltd. v. shri sohan lal (supra), prior to the amendment ordinance no. 26 of 1975, the rajasthan premises (control of rent & eviction) act, 1950 did not contemplate for splitting up of the premises for the purposes of passing a decree for partial eviction and, therefore, no issue .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2007(4)Raj2775
..... mention the extent of disability. on behalf of the respondent, on the other hand, it was submitted that regulation 173a is an independent provision which was inserted by amendment. counsel referred to the opening words 'unless otherwise specifically provided' in regulation 173 and submitted that where the pension regulations contain specific provision, regulation 173 can not ..... be applied. counsel urged that regulation 173 does not cover all types of disability and that is why by amendment regulation 173a was inserted to extend the benefit of the disability pension to cases which are not covered by regulation 173.4. in view of the stand ..... medical category cee (p) and discharged from service.2. facts of the case, briefly stated, are that on 26.6.1966, the respondent was enrolled in the indian army. on 9.5.1973 he was discharged under rule 13(3) item iii(v) of the army rules. the discharge was consequent to his being placed in .....
Tag this Judgment!Court : Rajasthan
Reported in : [2008]146CompCas113(Raj); [2007]79SCL35(Raj)
..... holding meeting of the secured creditors on 12-9-2006 and also passed order on an application filed by the counsel for the applicant company for seeking amendment in the scheme of compromise.7. as per the order of this court the meeting of the secured creditors was held on 12-9-2006 at the ..... the petitioner company created charge in favour of the financial institutions and the same were duly registered with the registrar of companies under section 125 of the companies act. in addition of the charge created by the petitioner company, shri ashok agarwal, managing director of the petitioner company had also given his personal guarantee by ..... also appears that recovery application filed by hudco against the petitioner company in debts recovery tribunal, delhi and criminal cases under section 138 of the negotiable instruments act against the managing director and other directors of the petitioner company are pending but this fact has also been withheld and the petitioner company did not choose .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR2007Raj129; RLW2007(3)Raj2656
..... . not only after the judgment of hon'ble supreme court in mardia chemicals case air 2004 sc 2371, the securitisation act has been amended by the 'enforcement of security interest and recovery of debts laws (amendment) act, 2004 (30 of 2004) to give such a right to any person including third parties as well as borrowers aggrieved ..... 2scr454 , chiranjilal shrilal goenka v. jasjit singh and ors. para 17.vii) : [2004]267itr1(sc) , cit v. pearl mech. engg. & foundry works para 6.15. in indian bank v. abs marine : air2006sc1899 (supra), the hon'ble supreme court while deciding the question as to whether the borrower's suit for damages against the bank for non-release ..... pre-emption etc. have to be first decided by the competent civil courts before mortgagee's rights under securitisation act can be allowed to be enforced. they relied upon the following judgments in support of their contentions:i) : air2006sc1899 , indian bank v. abs marine products (p) ltd.ii) 2005 (2) bank cases 127 arasa kumar v. .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2008(2)Raj1018
..... date of commencement of the rajasthan amendment act would thus appear to be within time. no objection can therefore be taken to the validity of the award on the ground that it was not made within the period ..... effect from 3.1.1987. sub-section (4) of section 56 provides that where the proceeding is pending on the date of commencement of the land acquisition act in rajasthan amendment act 1987 'the award shall be made within two years after such commencement'. the award made on 2.1.1989 that is within the period of two years from the ..... that period, the entire proceedings for the acquisition of the land shall lapse. by virtue of the proviso, where the declaration has been published prior to commencement of the amendment act i.e. act 68 of 1984, the award has to be made within two years from such commencement.13. in the instant case, the award under the land acquisition .....
Tag this Judgment!Court : Rajasthan
Reported in : 2007CriLJ1566; RLW2007(3)Raj1927
..... years and eleven months till date, therefore, he has completed the sentence of imprisonment of about six years, and he should be given the benefit of amendment made in the act with effect from 2nd of october, 2001. he contended that vide notification dated 19th of october, 2001, issued in exercise of powers conferred by clauses ( ..... of reduction of sentence, because if an accused is found with contraband of lesser than the commercial quantity then no minimum sentence of imprisonment is provided after amendment of 2001. the accused appellant has already remained in custody for nearly about six years, therefore, his sentence of imprisonment may be reduced to a period ..... it. it is further contended that accused is not entitled to the benefit of amendment made in the ndps act with effect from 2nd october, 2001, as the judgment of the trial court was passed much before the date of amendment and the amendment is not applicable on pending appeals.10. i have considered the rival submissions of .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2007(4)Raj3164
..... lal s/o shri mohan singh.mr. thathera thus violated/contravened regulation 19 and 30 of the jaipur nagaur aanchalik gramin bank (staff) service regulations 1981 (amended 1982). the allegations upon which the above articles of charge are based are given in the statement of allegations.statement of allegationsshri r.b. thathera while working ..... .b. thathera while working as field supervisor at bairath (viratnagar) branch of the bank, committed certain acts which amount to misconduct under regulation 19 and 30 of the jaipur nagaur aanchalik gramin bank (staff) service regulation 1981 (amended 1982).mr. thathera failed to serve the bank honestly and faithfully. so much so while working as ..... in the name of fictitious borrower, cbi has conducted an enquiry for the offence under section 420, 467, 477a ipc read with section 5(2) read with 5(1)(d) of the prevention of corruption act against the branch manager p.d. gupta. during the course of investigation, the petitioner was also made co-accused, .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2007(2)Raj1407
..... as the proposals for strength of staff are generated and justified by them when the same are sent to the government for financial sanction.regarding recommendations pertaining to amendment in the rules for recruitment/service conditions of employees, revision of rules for issuing certified copies and policy for rotation of staff, the committee was of the ..... harsh punishment might be able to stop this.10. questions were raised as to the treatment given to a foreign lady and denial in the identical circumstances to indian woman folk. the compliance in ramswaroop's case is a answer to such doubts expressed in certain corners. we are of the view that there is no ..... the help of muscle power money enters in such jati panchayat and exploits the situation for their benefits monetary or otherwise. if such cases are closely analysed, the act constitutes an offence of kidnapping for ransom etc. punishable under section 364a, i.p.c. people do not have a courage to stands against the caste panchayat. .....
Tag this Judgment!Court : Rajasthan
Reported in : 2007(2)WLN501
..... although it had itself made the pension rules from a retrospective date) and sought information on financial implication time after time. even after the university made the amendments prospective and also submitted details of financial implications, assent was not received. it was also explained to the govt. that the matter was of principle and if ..... officer who are responsible for ensuring proper management of funds and adherence to block grant conditions. and then the govt. has been given power by the act to recover expenditures made in violation of rules. in any case the pensioners are not in any way responsible for mismanagement of funds, if at all ..... it should be the government's obligation to meet the requirements of pension introduced in lieu of contributory provident fund.5. under the scheme of the university act and block grant conditions, it is necessary to have approval of the government before any matter which has financial implications can be implemented by the university. .....
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