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 : RLW2009(1)Raj246
..... counsel for the respondent-plaintiff, submits that the code of civil procedure, 1908 came to be amended by the amendment act, 2002 (act no. 22 of 2002) amending the provisions of order 6 rule 17 cpc which has restricted the power of amending of pleadings. it has further been contended that it is for the landlord to decide how and ..... the other pleas raised in the application seeking amendment. the plea sought to be raised is neither inconsistent nor repugnant to the plea already raised in ..... supreme court further observed as under:in the appeals the appellant-defendant wanted to amend the written statement by taking a plea that in case he is not held a lessee, he was entitled to the benefit of section60(b) of the indian easements act, 1882. learned counsel for the appellant is not interested in incorporation of .....
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 : RLW2009(1)Raj322
..... ordinarily differ from that of proving any other document except as to the special requirement of attestation prescribed in the case of a will by section 63 of the indian succession act. the onus of proving the will was on the propounder and in the absence of suspicious circumstances surrounding the execution of the will proof, testamentary capacity and ..... respondent no. l and another application is la. no. 10343/2008 dated 13.8.2008 under order 6 rule 16 read with section 151 c.p.c. seeking amendment in the reply of the respondent no. 1 seeking to add para g to l in the reply.15. that the applicant smt. pushpa devi has filed reply to ..... grant of probate certificate subject to payment of court fee as aforesaid.48. in the facts and circumstances of the case, the application under section 276 of the indian succession act, 1925 filed by the applicant smt. pushpa devi is allowed. requisite probate certificate in prescribed form may be issued to her upon deposit of court fee in accordance .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2009(3)Raj2295
..... are as follows:17. we shall first deal with the plea regarding alternative remedy as raised by the appellant-state. except for a period when article 226 was amended by the constitution (42nd amendment) act, 1976, the power relating to alternative remedy has been considered to be a rule of self imposed limitation. it is essentially a rule of policy, convenience and ..... of haryana : (2002) 7 scc 484 and g.k.n. driveshafts (india) ltd. v. income tax officer and ors. (2003) 1 scc 72.20. in harbans lal sahnia v. indian oil corporation ltd. : (2003) 2 scc 107, this court held that the rule of exclusive of writ jurisdiction by availability of alternative remedy is a rule of discretion and not ..... was expressed by this court in first income tax officer, salem v. short brothers (p) ltd. : (1966) 3 scr 84 and state of u.p. and ors. v. indian hume pipe co. ltd. : (1977) 2 scc 724. that being the position, we do not consider the high court's judgment to be vulnerable on the ground that alternative remedy .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR2009Raj38; 2009(1)WLN373
..... in a detailed judgment in the case of naveen kohli v. neelu kohli : air2006sc1675 and honourable supreme court recommended union of india to consider seriously for bringing amendment in the hindu marriage act, 1955 so as to incorporates irretrievable breakdown of marriage as a ground for grant of divorce. in the 71st report of the law commission of india. ' ..... (2008) 1 fj cc 155 (mp) the parties were agitating the matter before various forums and proceedings under section 125(3) cr.p.c. under section 398a ipc and various other cases were pending between the parties and both the parties were living separately for more than about three and half years and the court was of the ..... 1955, which is in total deviation from normal procedure adopted by the civil court. if the agreement or compromise is lawfully not void or voidable under indian contract act, 1872 and presented in any civil litigation by the parties to the litigation, the court is required to pass decree under sub-rule (3) of order 23 .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2009(1)Raj790
..... , all things done, actions taken or orders made under the said ordinance shall be deemed to have been done, taken or made under this act.indian medical council act. 1956section 10b(1)10b. non-recognition of medical qualifications in certain cases. - (1) where any medical college is established except with the previous ..... to the central government to have such qualification recognized, and the central government after consulting the council, may, by notification in the official gazette, amend the first schedule so as to include such qualification therein, and any such notification may also direct that an entry shall be made in the ..... with the university of rajasthan and rajasthan technical university shall stand automatically modified/amended as per enactment of the rajasthan university of health sciences act. air such colleges and institutions shall seek affiliation as per provisions of the said act. the rajasthan university of health sciences will conduct examinations and declare results .....
Tag this Judgment!Court : Rajasthan
Reported in : (2009)IVLLJ225Raj; RLW2009(3)Raj2029; 2009(3)WLN571
..... by its board of directors, whether the same be registered, executed or passed, as the case may be, before or after the commencement of the banking companies (amendment) act, 1959 (33 of 1959); and(b) any provision contained in the memorandum, articles, agreement or resolution aforesaid shall, to the extent to which it is ..... such obligations of public nature casting positive obligation upon it.40. learned counsel mr. sharma further referred the judgment rendered in the case of pradeep kumar biswas v. indian institute of chemical biology and ors. reported in : [2002]3scr100 , wherein in para 23 of the judgment, after discussing the cases of sabhajit tewary v. union ..... of india and joint note on agreed conclusions with their officers as represented by the all india bank officers' confederation. all india bank officers' association and indian national bank officers' congress on pension scheme.9. as per the memorandum of settlement arrived at on 29.10.1993, pension scheme in banks was introduced .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2009(4)Raj3162
..... the schedule. but prior to 27-5-2004, schedule-i did not include an order passed by the high court under section 394 of the companies act. it is only after the amendment carried out on 27-5-2004 that article 21 of the schedule-i was inserted; article 21 dealt with the order of high court passed under ..... mr. s. n. kumawat, the learned additional advocate general for the state, has opposed the contentions raised by the learned counsel for the petitioner. he claims that the amendment dated 27-5-2004 was merely clarificatory in nature. according to him even the original definition of word 'conveyance' included an order passed by a hon'ble high court ..... in which, and if they have been executed on or after the date on which, act no. 1864 ( xvi of 1864),or the indian registration act, 1866 (20 of 1866), or the indian registration act, 1871 (8 of 1871), or the indian registration act,1877 (3 of 1877), or this act came or comes into force, namely:(a) instruments of gift of immovable property;(b) .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2009(4)Raj3201
..... to mean 'new set of ideas'. dorman v. j.w. ellis and co. ltd. this also seems to us to be a reasonable view to take. no amendment will be allowed to introduce a new set of ideas to the prejudice of any right acquired by any party by lapse of time.10. in oil and natural gas ..... it is the bifurcated territorial jurisdiction between the principal seat 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 ..... such permanent bench to hear cases arising in districts falling within its jurisdiction. the creation of a permanent bench under sub-section (2) of section 51 of the act must therefore bring about a territorial bifurcation of the high court. 11. the establishment of a permanent bench at jaipur and defining its territorial jurisdiction brought out a bifurcation .....
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