Court : Rajasthan Jodhpur
..... 'ble supreme court in the case of sheel kumar jain (supra), which comes very near to the facts of the present case and dealt with the same general insurance employee s pension scheme of 1995 is reported in (2011) 12 scc197 the hon'ble supreme court held that where the appellant had completed 20 years of qualifying service and having given 3 months notice of his intention to leave the service and the ..... case of a judge of a high court, who is a constitutional functionary and under proviso (a) to article 217(1) has a unilateral right or privilege to resign his office, his resignation becomes effective and tenure terminated on the date from which he, of his own volition, chooses to quit office. ..... he submitted that after giving the resignation letter on 18th january 2006, the petitioner never really reported for duty in the office of the respondent company and his resignation was duly accepted by the competent authority on 17/2/2006 and recovery of 3 months salary in lieu of shortfall in notice period, to which the sbcwp no. ..... judgment dt;30/4/2014 31/42 petitioner did not report for duty after giving the letter on 18/1/2006 but the acts on the part of the respondent insurance company are enough to de jure treat the communication dated 18/1/2006 not as a resignation but as an application ..... dictionary); and to "loose hold of office", implies to "detach", "unfasten", "undo or untie the binding knot or link" which holds one to the office and the obligations and privileges that go with it.25. .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... principles of promissory estoppel which werefirst unequivocably propounded by the honble supreme court in the case of union of india v/s indo-afghan agencies reported in air 1968 sc 718, were further concretized and glorified in the celebrated judgment of honble justice p.n ..... present appeals.allowing the appeals, the supreme court held : in terms of section 6(c) of the general clauses act, 1897, unless a different intention appears the repeal would not affect any right, privilege or liability acquired, accrued or incurred under the repealed enactment ..... , the honble supreme court in the case of mrf limited, kottayam v/s assistant commissioner, reported in (2006) 8 scc 702 wherein the honble supreme court held as under: s.b ..... . assistant commissioner (assessment) sales tax reported in 6 vat reporter 159: "promi ssory estoppel operates ..... . state of rajasthan (1979) 13 tax reporter page 463 which states that: "th authority should first decide the e preliminary objections and in case he overrules them, he should give reasonable time to the assessee to seek ..... saraswati abharanasala reported in 11 vat reporter, page ..... . state of andhra pradesh reported in 142 stc page 76 has held that eligibility certificate granted by the department of industries ..... . the compliance report on the suggestions made in the meetings of the state level tax advisory committee held on 7.2.05 and three different meetings of 11.2.05, circulated by the finance department on 15.2.05, state that the special package for .....
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..... for rajasthan at jodhpur :order: s.b.civil writ petition no.13750/2015 mishrilal vs state of rajasthan & ors.date of order :: 15.12.2015 present hon'ble mr.justice p.k.lohra mr.t.r.s.sodha for the petitioner mr.r.s.choudhary for the respondent no.4 (caveator) reportable by the court: petitioner, an elected sarpanch of gram panchayat, dhanop panchayat samiti, shahpura district bhilwara has laid this writ petition under articles 226 & 227 of the constitution of india to challenge the impugned judgment dated ..... the judge is not made identical with the civil court, otherwise it would have the same powers and privileged as a civil court powers to transfer cases provided to the district judge under section 24 of the code of civil procedure, has been curtailed and according to proviso appended to sub- section (1) of section 43 of the act 1994 the district .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... its restrictions to those cases where the need is deemed to be the clearest and finally that in order to sustain the presumption of constitutionality the court may take into consideration matters of common knowledge, matters of common report, the history of the times and may assume every state of facts, which can be conceived existing at the time of legislation. ..... ld.advocate general has also relied upon a judgment of the supreme court in state of kerala v/s m.k.krishnan nair reported in (1978) 1 scc 552 in which it was held in paragraph 10 as follows:- it may be stated that by way of deriving support for its finding that there had come into existence a complete integrated judicial service in the state of ..... 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:- ..... general has also relied on the judgment of the supreme court in om kumar v/s union of india reported in (2001)2 scc 386, in which it was held in paragraph 32 as follows:- 32. ..... only means that all persons similarly circumstanced shall be treated alike both in privileges conferred and liabilities imposed. ..... state of bihar reported in air 1958 sc 731 wherein it was held that there is always a presumption in favour of constitutionality of an enactment and the burden is upon him, who attacks it, to show that there has been a clear violation of the constitutional .....
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..... learned counsel has submitted that section 14 of the family courts act, 1984(for short `the act of 1984'), clearly provides that the family court may receive as evidence any report, statement, document, information or matter, that may, in its opinion, assist it to deal effectually with a dispute, whether or not the same would be otherwise relevant or admissible under the indian evidence act, 1872. ..... morgan, (1888) 20 qbd 635 it was held that communication was privileged and no evidence could be given in court in relation to that communication. ..... accordingly except where the spouse to whom the communication is made is a witness and claims privilege from disclosure under the criminal evidence act. ..... this is how the matter reached the supreme court on challenge being made to the judgment of the high court, which has dealt with the effect of application of section 122 of indian evidence act relating to privileged communication between husband and wife. ..... the exception to privileged communication between husband and wife carved out in section 122 of the indian evidence act, which enables one spouse to compel another to disclose any communication made to him/her during marriage by him/her, may be ..... privilege about such conversation is not available and cannot be claimed "in suits between married persons", in other words, in the suit filed by husband against wife and vice-versa. .....
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..... act, as discussed above, there was no scope on the part of the learned district judge to call for a report from the orissa state council for child welfare, who in an evasive manner only stated in their report in one line that the petitioner no.2 is not eligible to adopt two girl children under section 11 of the hindu adoption and maintenance act, 1956 and relying upon which the learned district judge mechanically held ..... the application submitted by the appellant before the learned court below is therefore allowed and it is hereby declared that the appellant is the adoptive parent of child priti (registration no.92427) with all the rights, privileges, responsibilities and consequences under the law. 18. ..... for promotion of adoption and child welfare and christopher drury and shenz drury, wherein it was held that a couple already adopted one girl child is entitled to adopt another girl child under the act reported in 1 fap 1/2012 decided on january 13, 2012. .....
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..... elaborating his submission, learned counsel has urged that any communication between a lawyer and his client is a privileged communication under section 126 of the indian evidence act 1872 (for short, act of 1872 ) and therefore any deposition of a lawyer against his own client is not worth any credence and solely on that count ..... in this verdict, andhra pradesh high court, while examining the privileged communication under section 126 of the act of 1872, held as under: 2 ..... , in totality, such a disclosure by the lawyer representing the cause of the appellant, in the backdrop of peculiar facts and circumstances of the instant case, do not fall within the ambit of privileged communication under section 126 of the act of 1872. ..... the learned counsel for the appellant has placed reliance, there remains no shadow of doubt that the deposition by counsel for the appellant before the learned court below do not fall within the ambit of privileged communication under section 126 of the act of 1872. ..... to examine as to whether disclosure by the counsel for the appellant before the learned court below that he has furnished [15].information about the suit proceedings to his client from time to time do fall within the ambit of privileged communication under section 126 of the act of 1872. ..... reportable by the court: appellant-defendant has laid this appeal under order 43 rule 1(d) read with section 104 of the code of civil procedure (for short, cpc ) assailing the order dated 26th of july 2013 passed by .....
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..... various documents including the medical report of the complainant were filed along with the complaint. ..... (8) are entitled to privilege of sanction before any prosecution is launched against them. ..... filed an application for her medical examination on which the medical jurist examined the complainant and found the existence of number of injuries on the body of the complainant, but because of influence of the police, the injury report was not prepared. .....
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..... of such inquiry he may be suspended, but if on the conclusion of the enquiry it is decided to take no action against him he shall be deemed to have been on duty and shall be entitled to the full wages and allowances and to all other privileges for the period of suspension; and if some punishment other than dismissal is inflicted the whole or a part of the period of suspension, may, at the discretion of the management, be treated as on duty with the right to a corresponding portion of the ..... the inquiry officer submitted his report on 29.12.2000 holding the petitioner guilty for charge no.1 that he violated the rules and regulations for giving introduction for the purpose of opening saving bank account and he failed to discharge his duties with utmost .....
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..... the renunciation, repudiation, abandonment, or surrender of some claim, right, privilege, or of the opportunity to take advantage of some defect, irregularity or wrong. ..... reported in (2006) 145 stc 75 (p & h) was relied upon. ..... justice vineet kothari reportable mr. .....
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