Court : Rajasthan Jodhpur
..... hindu from adopting a child when he or she already has a child of the same gender, and the 2000 act creates a general right to adopt abandoned, surrendered, or orphaned children. while there is a presumption against implied amendment or repeal under indian law, the supreme court has recognised that "this presumption may be rebutted where the inconsistency cannot be reconciled." municipal ..... council, palai v. t.j. joseph air 1963 sc 156, 1, 1564. if the 2000 act is held to be inconsistent with the 1956 act, when passing the later act parliament impliedly amended the hindu adoptions and .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... state of gujarat v/s mirzapur moti kureshi kassab jamat and ors. ((2005) 8 scc 534), a constitution bench considering the bombay animal preservation (gujarat amendment) act, 1994 restricting the bulls and bullocks below the age of 16 years could not be slaughtered, repelled the challenge on the ground that slaughtering of cows on ..... that religious practices, which are violative of public order, morality and health and in which public order will include violation of the provisions of the indian penal code (ipc) have been rejected to be protected under article 25 by the supreme court in various pronouncements. in jagadishwaranand avadhuta acharya, v/s police commissioner, ..... a religious practice or religious feeling followed by the society of jain since times immemorial. the basis of the writ petition is that under section 309 ipc, such practice amounts to an offence, however, the petitioner has failed to substantiate as to how this public interest litigation is maintainable for declaring the .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... for the petitioners and learned counsel appearing for the respondents-state of rajasthan.2. the petitioner no.1 is a public limited company registered under the indian companies act, 1956 with its registered office at ambujanagar, taluka kodinar, district ghirsomnath, gujarat. the petitioner no.2 is shareholder and vice-president of the company ..... certain corrections and disposing of the contentions raised by the petitioner in its application for rectification of the original assessment order dated 7.4.2014. amendment applications were filed by the petitioner-company challenging the legality and validity of the rectified assessment orders dated 13.6.2014, which were allowed on ..... central sales tax (cst) to the new industrial undertakings, subject to fulfilment of stipulated conditions. under the incentive scheme of 1989, before or after the amendment dated 10.12.1996, the benefit available to a large scale cement unit . was and continued to be 25% of the sales tax liability. the petitioner .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... one carried on directly by the central government or by any one of its departments as in the case of posts and telegraphs or the railways. it was, therefore, rightly conceded both in the high court as also before us that it is ..... secretary held that the reply of the company was an afterthought and was not satisfactory and therefore, could not be accepted, as a amended reply has been filed by the department in pending wp no.404/2013 and violation of rule 15 of the rules was apparent, the ..... no bearing upon the present question does not advance the solution of the question. there is nothing in the indian law to warrant the assumption that a shareholder who buys shares buys any interest in the property of the company ..... business pursuant to the authority of the central government?. that obviously cannot be said of a company incorporated under the companies act whose constitution, powers and functions are provided for and regulated by its memorandum of association and the articles of association. .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... held that: "... in this circumstances, the petitioners can very well invoke the principle of equitable and promissory estoppel against respondents under section 115 of the indian evidence act." c. pournami oil mills vs. state of kerala (1987) 65 stc 1: this case arose out of sales tax incentive given to small scale ..... the units which had fulfilled the prescribed conditions and had obtained the eligibility certificate etc. and had commenced commercial production before the date of any amendment to sro no.1729/93. the high courts finding that thenotifications being statutory not plea of estoppel will lie against a statutory notification is erroneous ..... .201154/105single unit within the state ofrajasthan and that of thepetitioner company, while no other cement manufacturing unit has been adversely affected by the said amending notification as the petitioners expansion units at ras, tehsil jaitaran dist. pali and khushkhera, bhiwadi, dist. alwar only satisfied that twin conditions of notification .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... is a bilateral document which is signed by both doner and donee and as donee is signed by the appellant herself. by virtue of section 17 of the indian registration act, a gift deed is compulsorily registerable document and, therefore, presence 30 of the appellant as donee at the time of execution and registration of the gift deed ..... 1 rule 10 of the code of civil procedure is allowed. the applicants, ms. megha bhandari & smt. shakuntala bhandari, are allowed to be arrayed as party-respondents. amended cause title be filed by the learned counsel for the appellant within a period of two weeks, which upon filing, be taken on record and be placed at appropriate place ..... first respondent has placed reliance can very well be relied upon in this behalf. so far as burden of proof is concerned, as mandated by section 101 of the indian evidence act, 1872, it obviously rested on the appellant who has laid the suit for cancellation of adoption deed. judgment in rangammal (supra) of hon'ble apex court is .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... women. the hindu succession act, 1956, the dowry prohibition act, 1961, the maternity benefit act, 1961, the medical termination of pregnancy act, 1971, equal remuneration act, 1976, criminal law (second amendment )act, 1983 , commission of sati (prevention ) act, 1989, the immoral traffic (prevention )act, 1956, the indecent representation of women (prohibition) act, 1986, are few legislation ..... phenomenon of domestic violence is widely prevalent but has remained largely invisible in the public domain. the provisions like section 498a of the indian penal code to provide protection against cruelty by her husband or his relatives were found to be insufficient law to address this phenomenon of ..... . (s.b.criminal revision petition no.362/2011) 3 with the police against the respondent, alleging commission of the offences under sections 498a & 406 ipc. subsequently, on 20.9.2003, she also filed an application seeking maintenance under section 125 cr.p.c. before the family court, jodhpur. during .....
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..... enforced inter-alia, under the provisions of the water (prevention and control of pollution) act, 1974, the air (prevention and control of pollution) act, 1981, the environment (protection) act, 1986 and the public liability insurance act, 1991 along with their amendments and rules made there under and also any other orders passed by the hon'ble ..... , there is a need for an effective and protective central legislation which will not only protect the environment in a particular area but the entire indian territory.74. another argument that has been advanced on behalf of the states, as well as, some of the respondents is that the notification published ..... plans (emps) of each cluster was prepared by experts in mining and environment field i.e. registered qualified persons (approved by the state government/indian bureau of mines). environment management plans were approved by the district environment committee consisting of superintending mining engineer (expert in mining), regional officer of .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... of the constitution empowers the state legislature to amend the indian stamp act, 1899. in exercise thereof all the state legislatures including the legislature of a.p. amended the act and enacted section 47-a empowering the registering officer to levy stamp duty on instruments of conveyance, etc., ..... method of valuation is accepted as the best. the question, therefore, is whether the basic valuation register would form foundation to determine the market value. the indian stamp act, 1899 provides the power to prescribe stamp duty on instruments, etc. entry 44 of list iii, concurrent list, of the viith schedule read with article 254 ..... high court, it is not correct law. as we have already noted, section 47-a being local amendment, made by each state legislature did not find any such statutory basis. like a.p. act,tamil nadu act is also referable to transactions intra vivos and not as general guidelines. if they are based on evidence .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... also expressed their apprehension for introduction of irretrievable breakdown of marriage as a ground for grant of the decree of divorce. in their opinion, such an amendment in the act would put human ingenuity at a premium and throw wide open the doors to litigation, and will create more problems then are sought to be solved.82 ..... filed a false criminal case against the respondent and his family members. castigating the respondent and his family members for serious offences under section 498a and 406 ipc without any rhyme and reason, is a conduct which clearly depicts that the appellant was not in a conciliatory mood, rather she was interested in perpetuating the ..... allegations were made against the respondent and his family members. registration of a false criminal case at the behest of appellants father under section 498a and 406 ipc against the respondent and his family members is also cited as a glaring example of cruelty by the appellant in his deposition by the respondent. the version .....
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