Court : Rajasthan
Reported in : 1988(1)WLN191
..... arbitrators met in new delhi on july 17, 1983, followed by another meeting on july 31, 1983, appointed shri st. desai, senior advocate and formerly chief justice of the gujarat high court as umpire. it is, thereafter, that the present petition with similar prayers as mentioned in panther's case, was moved before the ..... is involved and this court is called upon to decide whether the district judge has the jurisdiction to allow the application under section 33 of the arbitration act or whether the arbitrators have the jurisdiction, have to be decided and, therefore, i over-rule the preliminary objection about the maintainability of the revision petition ..... the facts that despite the appearances of the petitioner before the arbitrator even with pro est application under sections 31, 32 and 33 of the arbitration act is maintainable for setting aside or staying the proceedings in case facts mentioned in the petition for non-maintainability of the arbitration proceedings can be substantiated. .....
Tag this Judgment!Court : Rajasthan
Reported in : 2002(2)WLC391; 2002(5)WLN136
..... .26 acres but only 903.323 acres which too on the basis of illegal joint survey or resurvery having been made in violation of principles of natural justice and at the back of the petitioner. above all, requisitioning order (ann.3) has neither been altered nor amended, nor the sanction of the president ..... collector (land records) also determined the recurring compensation amount payable to the petitioner's father (maharao bhim singh) for such requisitioned land under the requisition act and its rules and such determined annual recurring compensation payable from the date of requisition of land for defence purpose was subsequently revised as already stated herein ..... the joint survey resulting in deductions in question admittedly having been done in violation of principles of natural justice as also the constitutional mandate.26. as regards the respondents' contention that by virtue of enforcement of the ulcar act, 1976, the petitioner had lost his right in the land in question, i find no merit .....
Tag this Judgment!Court : Rajasthan
Reported in : II(1996)DMC309; 1996WLC(Raj)UC209; 1996(1)WLN661
..... (sc), (though the effect of that decision of the supreme court has since been nullified in the cases of muslim women by the muslim women (protection of rights on divorce) act, 1986) may be referred to in this behalf. in the instant case it is not the case of the husband petitioner that the respondent has remarried after the decree of divorce ..... 3), cr.p.c.14. the provisions contained in sections 125 to 128 of chapter ix of the code of criminal procedure, 1973 are by way of measure of social justice falling within the purview of articles 15(3) and 39 of the constitution of india enacted to protect the weaker sections like neglected wife, children and parents and they provide ..... arose between the parties and their marriage was dissolved by the civil court at delhi on january 17, 1977 on a petition filed under section 13 of the hindu marriage act, 1956 by the petitioner. appeal, being fao no. 32/77 filed by the non-petitioner in the delhi high court against the order of the civil court, was also .....
Tag this Judgment!Court : Rajasthan
Reported in : 1998CriLJ1712; 1998(1)WLN462
..... of the petitioner and therefore, it is abuse of power of preventive detention. he placed reliance on the case of shiv ratan makim v. union of india air 1986 sc 610 : 1986 cri lj 813. he further urged that the observations made in the cases of addl. secretary to the govt. of india v. alka subhas gadiya 1992 (supp) ..... been passed on vague, extraneous and irrelevant grounds.10. the detention order indicates that it has been passed for a purpose to prevent the petitioner in future from acting in any manner prejudicial to the augmentation of foreign exchange. the order has been passed on the material that the petitioner was indulged in foreign exchange in hawala ..... along with the grounds of detention. it was denied that the nephew of the petitioner was compelled to give statement, rather summons under section 40 of the fera act, 1973 was issued for his appearance in connection with the seizure of indian currency and documents from the premises of the petitioner and ashok jain gave his statement .....
Tag this Judgment!Court : Rajasthan
Reported in : (1985)ILLJ111Raj
..... encourage them bordering on abetment. but veiled, camouflaged and masked actions of termination simpliciter in such cases whether raise eyebrows of 'rule of law', 'natural justice' patronagists is important facet in such 'endeavours' termination, in an economy cursed by massive unemployment may be termed as a draconian measure of last resort. ..... it is true that the standing orders may have been framed by a private industrial establishment which comes within 1 the purview of the act. but the act provides for the conditions of service of employees of such establishment, which were previously left to the agreement of the parties, to be brought ..... probation, etc., and further rajasthan state road transport corporation employees service regulations, 1965 which have been made under section 45 of the road transport corporations act, 1950 expressly provide the categories of posts and services and make distinction between the employees on the permanent post in comparison to the work charged employees .....
Tag this Judgment!Court : Rajasthan
Reported in : 2001(3)WLN275
..... papers, the pelilion must contain an adequate statement of the material facls and the court must be prima facie satisfied that inspection was necessary to do complete justice between the parlies.(12). ln beliram bhalaik vs. jai behari lal khachi & anr. (13), the apex court held that recounting cannot be permitted merely ..... errors must therefore fail.'(27). in m.r. gopalakrishnan vs. thachady prabhakaran (32), the hon'blc supreme court, after considering the statutory provisions of the act, observed that the rules provide adequate opportunity to a candidate, his election agent and counting agents to have a watch over the counting process before result is ..... allegation in the election petition that in furtherance of his pressure, the returning officer had asked any counting assistant to favour the returned candidate or to act against the b.j.p. candidate. in absence of such an assertion, mere alleged pressurising the returning officer by master bhanwar lal remained inconsequential for the .....
Tag this Judgment!Court : Rajasthan
Reported in : 1983WLN130
..... in the area bad no knowledge about the proposed action. thus, i find no force in the objection of the petitioner that any principles of natural justice have been violated or opportunity of hearing or filing objections has not been given to the residents of the area concerned.14. the state government in its ..... that proviso to section 4 of the rajasthan municipalities act amended by section 2 of the rajasthan municipalities (second amendment) act, 1974, may kindly be declared ultra vires to section 14 of the act.9. the state government in reply have stated ..... provisions of section 4 of the act itself. the proviso cannot travel beyond the ambit of the main section and it is also illegal as it gave unbridled unguided and arbitrary powers to the state government to exclude any area from the panchayat without following the principles of natural justice. the petitioner has thus also prayed .....
Tag this Judgment!Court : Rajasthan
Reported in : (1999)IIILLJ523Raj; 1998(1)WLC383; 1997(2)WLN343
..... the secretary had no power, whatsoever, to pass the impugned order;6. that even otherwise the impugned order of compulsory retirement violates the principles of natural justice.21. it is admitted by the respondents that a committee was constituted to enquire into the conduct of certain teachers including the principal, one shri verma and ..... the accounts of the institution, to prepare budget in consultation with the chairman and heads of the institution and to furnish statements under section 12 of the act and to submit return, statements, reports and accounts of the institution to the concerned authorities to issue orders of suspension of any employee with the prior ..... of retirement prescribed, action may be taken for compulsory retirement of such an employee who completes 25 years of service etc. etc. section 16 of the act reads as under -'power of the state government to regulate the terms and conditions of employment.--(1) the state government may regulate the recruitment and conditions of .....
Tag this Judgment!Court : Rajasthan
Reported in : I(1990)DMC177; 1990(1)WLN520
..... respondent over a petition for divorce sought by the appellant-husband on the ground of desertion as provided for in section 13(1)(b) of hindu marriage act, 1955, (for brevity, 'the act') the first inning of the litigative match was fought and played before the district judge, kota, who, on an evaluation of the relative merits and demerits ..... stipulation that she should be taken to matrimonial home from delhi and it will be disgraceful for her to accompany with husband straightway from the court--which was not acted upon by the husband and which by itself is sufficient to show that the husband was not intending to keep the wife with him. irretrievably broken marriage cannot ..... understand as to on what reasons, she complained that the husband began to mistreat her and the subsequent conduct revealed to her in retrospect that he had been acting in a pre-planned and calculated manner to get rid of her and to create fake grounds for getting marriage dissolved.35. the wife in her statement has .....
Tag this Judgment!Court : Rajasthan
Reported in : (1999)IIILLJ851Raj; 1998(1)WLC510
..... contended by the petitioner that the state government after perusal of the failure report, referred the dispute under section 10(1) of the industrial disputes act, 1947 (for short 'the act') to the labour court, kota for adjudication in accordance with law as per the terms of reference indicated below:'whether removal of workman sampat ..... and deserves dismissal on the preliminary ground alone. it was further contended by the learned counsel that the petitioner was duly chargesheeted by the corporation for acts of misconduct and his past conduct has been such as would not justify his retention in service and he had been awarded punishment on several occasions in ..... it was not open to the labour court to have interfered with the quantum of punishment even by exercising the powers under section 11a of the industrial disputes act, 1947, particularly in cases of theft, dishonesty, forgery, misappropriation and embezzlement of public funds in which no indulgence should be shown to the employees who .....
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