Court : Rajasthan
Reported in : 2000(4)WLC647; 2007(3)WLN226
..... establish the avs was not a decision of the state government. the avs was basically a training centre for the qualified engineers and was performing the work of construction in various projects awarded by the different institutions. the avs began running in losses and lost its object, hence the state government in its general supervisory capacity ..... men and women from urban and rural areas by training them in the use of low cost building materials and technologies thereby giving an impetus to low cost construction. it is with this object the petitioners came to be appointed in the avs. service regulations of employees were framed and guiding principles for deciding the ..... men and women from urban and rural areas by training them in the use of low-cost building materials and technologies thereby giving an impetus to low-cost construction. the petitioners who are trained in the use of low cost building materials and technologies have been thrown out of employment without any just reason. the .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR2000Raj59
..... question of any opportunity of hearing being afforded to the petitioner.23. it has been contended that the municipal board had no authority to lease out the land and allow construction in defiance of the state government order dated 24-2-1976. the land was a government land situated in municipal area and the tehsildar is competent enough to order eviction ..... given to him and he has encroached upon more land which he promised that he would remove vide annex. r.3/2. the petitioner was not permitted to raise permanent construction but he has raised so which is in violation of the permission granted to the petitioner. the answering respondents have stressed that the tehsildar, abu road was not competent to .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1995Raj239; 1995(2)WLN441
..... 123(3), courts should not be astute to read into the words used in the appeal anything more than can be attributed to them on its fair and reasonable construction.' 60. further in paragraph 9, the following observations were made: 'the principles which have to be applied in construing such a document are well settled. the ..... alleged that the respondent made 'an appeal in the name of lord ram for seeking votes and also referred to demolition of the structure of babri masjid and construction of the ram temple in the context of promotion of hatred between different classes of citizens of india on the ground of religion and community'. no particular portion ..... public address system) made an appeal in the name of lord ram for seeking votes and also referred to the demolition of the structure of babari masjid and construction of the ram tample in the context of promotion of hatred between different classes of citizens of india on the ground of religion and community. the offending statement/ .....
Tag this Judgment!Court : Rajasthan
Reported in : 1992CriLJ810; 1991(1)WLN476; 1991(2)WLN577
..... above, and this is what the term interlocutory order means when used in section 11(1) of the act.their lordships in the leading judgment finally stated:on a true construction of section 11(1) of the act and taking into consideration the natural meaning of the expression 'interlocutory order', there can be no doubt that the order framing charges ..... 698):we might reiterate here even at the risk of repetition that the term 'interlocutory order' used in the code of criminal procedure has to be given a very liberal construction in favour of the accused in order to ensure complete fairness of the trial because the bar contained in section 397(3) of the code would apply to a variety ..... 625) (supra), but, yet it may not be an interlocutory order pure or simple. some kinds of order may fall in between the two. by a rule of harmonious construction, we think that the bar in sub-section (2) of section 397 is not meant to be attracted to such kinds of intermediate orders. they may not be final orders .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1987Raj83; 1987(1)WLN272
..... the function, utility, aim and purpose which the provision has to fulfil he has relied on para 14 of this judgment which reads as under :'even assuming ' that literality in construction has tenability in given circumstances, the doctrinal development in the nature of judicial interpretation takes us to other methods like the telcological, the textual, the contextual and the functional. the ..... re-called in the inherent powers of the court in case it is found that same is prejudicial to the interest of the accused.27. mr. tibrewal submitted that harmonious construction has to be given to the provisions of section 362, cr. p.c. and section 482, cr. p.c. he submits that under section 362, cr. p.c. review or .....
Tag this Judgment!Court : Rajasthan
Reported in : 1987CriLJ411; 1986(2)WLN788
..... are used in different parts of the same statutet they would ordinarily receive the same meaning, unless the context or the object requires otherwise and where alternative construction are open, the court will adopt that construction by which the intention of the legislature will be better effectuated or which will be consistent with the smooth working of the system, which the statute .....
Tag this Judgment!Court : Rajasthan
Reported in : 1987(1)WLN774
..... subject to the terms and conditions of a licence granted in that behalf by the excise commissioner. section 17 authorises the excise commissioner to establish or licence the construction and working of a distillery and also to establish or licence a warehouse wherein any excisable article may be deposited and kept. section 19 provides that no person ..... petition no. 587 of 1974 decided on august 25 1980 and by reference to these cases he has submitted that ordinarily the rule of 'plain meaning or 'literal construction should be applied for construing the aforesaid expression and that its ambit should not be extended to meet a case for which a provision has not been made in ..... the agreement between the parties. i am further of opinion that clause (3) of the pointed clauses since for among other reasons it is proper to adopt a construction consistent with legality that clause 3 is one appropriate to a document of tender and not to a contract of sale.in the aforesaid case it was observed that .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1985Raj104; 1984()WLN291
..... falling in the rajasthan canal area prior to the construction of the rajasthan canal would entitle him to conferment of khatedari rights. the area over which rights can be allowed to be conferred is presumably determined on the basis that ..... and class have been dif rently treated for no reason or rhyme. the avowed purpose for which section 15-a of the tenancy act was made was that with the construction of the rajasthan canal area, the prospect of having good crops increased manifold and the legislature did not desire that the fortuitous circumstance of personsbeing in possession of the land .....
Tag this Judgment!Court : Rajasthan
Reported in : (1985)ILLJ111Raj
..... dissection of motiram deka's judgment, i have deduced that article 14 of the constitution was held to be violated by the indian railway establishment code and, therefore, it would be putting a very narrow construction to circumscribe the ratio of motiram deka's decision to be based on article 311, only. moreover, the extracts, which i have ..... the same fallacy as the bombay one and it is obvious that latest concept of articles 14 and 16 of the constitution has not been properly appreciated and narrow construction has been put on them.114. dr. l.m. singhvi further referred to an unreported judgment of madhya pradesh high court in s.n. trivedi .m.p ..... amplitude. thus construed it would be clear that matters relating to employment cannot be confined only to the initial matters prior to the act of employment. the narrow construction would confine the application of article 16(1) to the initial employment and nothing else; but that clearly is only one of the matters relating to employment. the .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1985Raj185; 1983()WLN439
..... their performance in any other manner than that specified, or by any other person than one of those named, is impliedly prohibited.' 42. sutherland in his treatise on statutory construction (3rd edition, vol. 2, section 4915), made the following statement of law in this respect: -- 'as the maxim is applied to statutory interpretation, where a form of ..... judgments which may be passed during the course of the trial of the election petition shall be completely ruled out. thus, in order to arrive at a harmonious construction, whether the election petition is heard by a single judge or by a bench of two or more judges, the legislative intention was clearly indicated in section ..... co. (1872) 8 beng lr 433 and a full bench of the madras high court in tuljaram v. alagappa (1912) ilr35 mad 1, took a more liberal construction and held that a 'judgment' is a decision determining the rights and liabilities of the parties affecting the merits of the controversy between the parties. sir richard couch, c .....
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