Court : Rajasthan Jodhpur
..... of the accused beyond the said period of ninety days, extend the said period up to one hundred and eighty days: provided also that if the police officer making the investigation under this act, requests, for the purposes of investigation, for police custody from judicial custody of any person in judicial custody, he shall file an affidavit stating the reasons for doing so and shall also explain ..... notwithstanding anything contained in the code, no police officer, (a) in the case of the delhi special police establishment, constituted under subsection (1) of section 2 of the delhi special police establishment act, 1946, (25 of 1946), below the rank of a deputy superintendent of police or a police officer of equivalent rank; (b) in the metropolitan areas of mumbai, kolkata, chennai and ahmedabad and any other metropolitan area notified as ..... completion of the investigation and getting sanction for prosecution, charge sheet was filed for the offence under sections 4,5 and 6 of the explosive substances act, 1908, sections 16, 17, 18, 18a, 18b, 19, 20 and 23 of the uap act, 1967 and sections 121, 121a, 122, 465, 468, 471 and 120b ipc and the cognizance of offence was taken by the cmm ..... reference of section 6 of the nia act would be relevant thus it is quoted hereunder - chapter iii investigation by the national investigation agency investigation of scheduled offices. ..... state government on 15.4.2014 as per section 6(1) of the national investigation agency act, 2008 (for short 'the nia act'). .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... notification dated 14th september, 2006 issued under sub-rule (3) of rule 5 of the environment (protection) rules, 1986 and sub-section (1) and clause (v) of sub-section (2) of section 3 of the environment (protection) act, 1986, in supersession of its earlier notification dated 27th january, 1994, except in respect of things done or omitted to be done before such supersession, directed that on and from the date of its publication the required construction ..... present case is the classic example, in which the state of rajasthan despite the notification issued by the moef under the environment (protection) rules, 1986 made under the environment (protection) act, 1986 and the directions issued by the supreme court in deepak kumar's case, has found its way in the purported compliance of the order in deepak kumar's case to issue mining ..... tribunal bar association under sections 14 and 15 read with sections 18(1) and 18 (2) of the national green tribunal act, 2010, alleging rampant illegal sand mining in the yamuna riverbed in violation of the directions issued by the supreme court in deepak kumar v/s state of haryana ((2012) 4 scc629 and the direction ..... we do not propose to decide the question as to whether the national green tribunal has jurisdiction under the national green tribunal act, 2010, to declare the notification issued by the moef dispensing with the statutory procedure under the environment (protection) rule, 1986 and the office memorandums issued in other states in violation .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... honble supreme court in the aforesaid case held as under: the two judge bench in sant steels case, (2008) 2 scc 777 was of the view that notification issued under section 49 of the 1948 act can be revoked/modified only if express provision was made for the revocation/modification of the said notification under section 49 itself and the court found that as there was no such provision contained in ..... second view was possible, the orders of slsc could not be revised by invoking revisional powers by principalsecretary under clause 13 of the rips 2003 which are akin to section 263 of the income tax act in view of settled legal position in this regard.viii) that 45% upfront subsidy givenunder the notificationdtd.2.12.2005 is not given in cash to the petitioner but is also set off against the future ..... rate on cement was brought down to 12.5% as a result of the introduction of vat and the national consensus for a tax rate of 12.5% on this commodity, the maximum quantum of tax subsidy also came ..... . 1.4.2006 with the introduction of vat act in the state of rajasthan in harmony with uniform national rate on sale of cement, is misconceived and not tenable thebecause with the reduction in rate of tax on cement, quantum of incentivewhich was relatable to the totaladditional tax liability ..... of the promulgation of the rajasthan value added tax act, 2006, the new tax regime now been legislated across the country in a bid to have a common national taxation system ..... according to national consensus, the .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... , 1999 cr.l.j.919 relying on the universal declaration of human rights and the article 33 of the united nations convention on the status of refugees, held that the protection of human life and liberty is available to refugees, if his activities are not prejudicial to the law and order or security of the ..... that being so, since 'life' is also recognized as a basic human right in the universal declaration of human rights, 1948, it has to have the same meaning and interpretation as has been placed on that word by the apex court in its various decisions relating to article 21 of the constitution ..... is to be noted with lot of satisfaction that due to initiative taken by the courts, the legislature by introducing act no.5 of 2009 had introduced section 357a by enacting victim compensation scheme. ..... many feminists and psychiatrists, rape is less a sexual offence than an act of aggression aimed at degrading and humiliating women. ..... criminal law (amendment) bill, 2103 seeks to amend the indian penal code, 1860, the criminal procedure code, 1973, the indian evidence act, 1872 and the protection of children from sexual offences act, 2012. ..... case of the prosecution is that a child defined under the provisions of protection of children from sexual offences act, has been raped. ..... application no.8610/2013 sections 342, 376, 354(a), 506 and 509/34 of ipc and section 23, 26 of juvenile justice (care and protection of children) act 2000 and section 8 of protection of children from sexual offences act, 2012. .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... , 1999 cr.l.j.919 relying on the universal declaration of human rights and the article 33 of the united nations convention on the status of refugees, held that the protection of human life and liberty is available to refugees, if his activities are not prejudicial to the law and order or security of the ..... that being so, since 'life' is also recognized as a basic human right in the universal declaration of human rights, 1948, it has to have the same meaning and interpretation as has been placed on that word by the apex court in its various decisions relating to article 21 of the constitution ..... is to be noted with lot of satisfaction that due to initiative taken by the courts, the legislature by introducing act no.5 of 2009 had introduced section 357a by enacting victim compensation scheme. ..... many feminists and psychiatrists, rape is less a sexual offence than an act of aggression aimed at degrading and humiliating women. ..... criminal law (amendment) bill, 2103 seeks to amend the indian penal code, 1860, the criminal procedure code, 1973, the indian evidence act, 1872 and the protection of children from sexual offences act, 2012. ..... case of the prosecution is that a child defined under the provisions of protection of children from sexual offences act, has been raped. ..... application no.8610/2013 sections 342, 376, 354(a), 506 and 509/34 of ipc and section 23, 26 of juvenile justice (care and protection of children) act 2000 and section 8 of protection of children from sexual offences act, 2012. .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... take care of dropouts and to improve the nutritional status of children in classes-i to viii in government, local body and government aided schools and education guarantee scheme (egs) and alternative and innovative education (aie) centers, national child labour project (nclp) schools and madarasa and maqtabs supported under sarva shiksha abhiyan (ssa); to encourage poor children, belonging to disadvantaged sections, to attend school more regularly and help them concentrate on classroom ..... free lunches on working days for students of primary and upper primary classes in government schools and government aided schools under sarva shiksha abhiyan, education guarantee scheme and national child labour project run by the ministry of labour. ..... mid-day meal: the government of india launched national programme of nutritional support to primary education (commonly known as 'mid-day meal scheme) on 15.08.1995 to provide mid-day meal to the children studying at primary stage and to improve the nutritional status of school-age children ..... ld.advocate general has cited the judgment in national council for teacher educational v/s shri shyam shiksha prashikshan sansthan reported in (2011) 3 scc 238, in which the supreme court held in para 22 as follows ..... , (1) that the classification must be founded on an intelligible differentia which distinguishes those that are grouped together from others and (2) that that differentia must have a rational relation to the object sought to be achieved by the act. .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... further relied on its earlier decision in ibrahimpatnam taluk vyavasaya coolie sangham v/s k.suresh reddy ( (2003) 7 sc667 in which in relation to section 50-b(4) of the andhra pradesh (telangana area) tenancy and agricultural land act, 1950 providing for suo motu power, it was held that in absence of necessary and sufficient particulars pleaded as regards fraud and the date or period of discovery of fraud and more so when the contention that ..... not permissible as deity is a minor in perpetuity, but being a juristic person, has a judicial status with the power of suing or being sued under the provisions of the hindu minority and guardianship act, 1956, immovable property of minor cannot be sold without the permission of the court and hence the deity lands cannot be alienated except for legal necessity after obtaining the permission of the court.46. ..... the appellant as 'kastkar' against the suit lands could not 13 be treated as entry of 'khudkasht' envisaged in clause (i) of the inclusive part of the definition of 'khudkasht' in section 5(23) of the rajasthan tenancy act, especially when it was not the case of the appellant that after the execution of the mortgages the defendant mortgagee had parted with the possession of the mortgaged property in favour of the appellant and had ..... all the principalities had agreed to accede to the rajasthan union beginning from march, 1948 to may 1949 constituting united states of rajasthan, as it finally emerged in the covenant entered into by the 14 .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... further relied on its earlier decision in ibrahimpatnam taluk vyavasaya coolie sangham v/s k.suresh reddy ( (2003) 7 sc667 in which in relation to section 50-b(4) of the andhra pradesh (telangana area) tenancy and agricultural land act, 1950 providing for suo motu power, it was held that in absence of necessary and sufficient particulars pleaded as regards fraud and the date or period of discovery of fraud and more so when the contention that ..... not permissible as deity is a minor in perpetuity, but being a juristic person, has a judicial status with the power of suing or being sued under the provisions of the hindu minority and guardianship act, 1956, immovable property of minor cannot be sold without the permission of the court and hence the deity lands cannot be alienated except for legal necessity after obtaining the permission of the court.46. ..... the appellant as 'kastkar' against the suit lands could not 13 be treated as entry of 'khudkasht' envisaged in clause (i) of the inclusive part of the definition of 'khudkasht' in section 5(23) of the rajasthan tenancy act, especially when it was not the case of the appellant that after the execution of the mortgages the defendant mortgagee had parted with the possession of the mortgaged property in favour of the appellant and had ..... all the principalities had agreed to accede to the rajasthan union beginning from march, 1948 to may 1949 constituting united states of rajasthan, as it finally emerged in the covenant entered into by the 14 .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... further relied on its earlier decision in ibrahimpatnam taluk vyavasaya coolie sangham v/s k.suresh reddy ( (2003) 7 sc667 in which in relation to section 50-b(4) of the andhra pradesh (telangana area) tenancy and agricultural land act, 1950 providing for suo motu power, it was held that in absence of necessary and sufficient particulars pleaded as regards fraud and the date or period of discovery of fraud and more so when the contention that ..... not permissible as deity is a minor in perpetuity, but being a juristic person, has a judicial status with the power of suing or being sued under the provisions of the hindu minority and guardianship act, 1956, immovable property of minor cannot be sold without the permission of the court and hence the deity lands cannot be alienated except for legal necessity after obtaining the permission of the court.46. ..... the appellant as 'kastkar' against the suit lands could not 13 be treated as entry of 'khudkasht' envisaged in clause (i) of the inclusive part of the definition of 'khudkasht' in section 5(23) of the rajasthan tenancy act, especially when it was not the case of the appellant that after the execution of the mortgages the defendant mortgagee had parted with the possession of the mortgaged property in favour of the appellant and had ..... all the principalities had agreed to accede to the rajasthan union beginning from march, 1948 to may 1949 constituting united states of rajasthan, as it finally emerged in the covenant entered into by the 14 .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... further relied on its earlier decision in ibrahimpatnam taluk vyavasaya coolie sangham v/s k.suresh reddy ( (2003) 7 sc667 in which in relation to section 50-b(4) of the andhra pradesh (telangana area) tenancy and agricultural land act, 1950 providing for suo motu power, it was held that in absence of necessary and sufficient particulars pleaded as regards fraud and the date or period of discovery of fraud and more so when the contention that ..... not permissible as deity is a minor in perpetuity, but being a juristic person, has a judicial status with the power of suing or being sued under the provisions of the hindu minority and guardianship act, 1956, immovable property of minor cannot be sold without the permission of the court and hence the deity lands cannot be alienated except for legal necessity after obtaining the permission of the court.46. ..... the appellant as 'kastkar' against the suit lands could not 13 be treated as entry of 'khudkasht' envisaged in clause (i) of the inclusive part of the definition of 'khudkasht' in section 5(23) of the rajasthan tenancy act, especially when it was not the case of the appellant that after the execution of the mortgages the defendant mortgagee had parted with the possession of the mortgaged property in favour of the appellant and had ..... all the principalities had agreed to accede to the rajasthan union beginning from march, 1948 to may 1949 constituting united states of rajasthan, as it finally emerged in the covenant entered into by the 14 .....
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