Court : Rajasthan Jodhpur
..... of section 427 read with section 482 code of criminal procedure for the sentences awarded in connection with the cases under section 138 of the negotiable instruments act. in the case aforesaid the punjab & haryana high court dismissed the miscellaneous applications moved under section 482 code of criminal procedure which were filed alongwith the ..... concurrently under section 427 cr.p.c., in a matter relating to an accused who was convicted and sentenced for offences under section 138 of the negotiable instruments act in three different cases. the conflicting views between the judgment in kuduva's case [which is by a two judges bench]. and madhanlal's case (air2009sc ( ..... was convicted for the offences punishable under sections 120-b/420, 468 and 471 indian penal code read with section 5(1) of the prevention of corruption act, 1947. in both the cases learned trial court opined that the accused did not deserve any sympathy and deserves to undergo sentence consecutively. this fact indicates .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... of section 427 read with section 482 code of criminal procedure for the sentences awarded in connection with the cases under section 138 of the negotiable instruments act. in the case aforesaid the punjab & haryana high court dismissed the miscellaneous applications moved under section 482 code of criminal procedure which were filed alongwith the ..... concurrently under section 427 cr.p.c., in a matter relating to an accused who was convicted and sentenced for offences under section 138 of the negotiable instruments act in three different cases. the conflicting views between the judgment in kuduva's case [which is by a two judges bench]. and madhanlal's case (air2009sc ( ..... was convicted for the offences punishable under sections 120-b/420, 468 and 471 indian penal code read with section 5(1) of the prevention of corruption act, 1947. in both the cases learned trial court opined that the accused did not deserve any sympathy and deserves to undergo sentence consecutively. this fact indicates .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... of section 427 read with section 482 code of criminal procedure for the sentences awarded in connection with the cases under section 138 of the negotiable instruments act. in the case aforesaid the punjab & haryana high court dismissed the miscellaneous applications moved under section 482 code of criminal procedure which were filed alongwith the ..... concurrently under section 427 cr.p.c., in a matter relating to an accused who was convicted and sentenced for offences under section 138 of the negotiable instruments act in three different cases. the conflicting views between the judgment in kuduva's case [which is by a two judges bench]. and madhanlal's case (air2009sc ( ..... was convicted for the offences punishable under sections 120-b/420, 468 and 471 indian penal code read with section 5(1) of the prevention of corruption act, 1947. in both the cases learned trial court opined that the accused did not deserve any sympathy and deserves to undergo sentence consecutively. this fact indicates .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... of section 427 read with section 482 code of criminal procedure for the sentences awarded in connection with the cases under section 138 of the negotiable instruments act. in the case aforesaid the punjab & haryana high court dismissed the miscellaneous applications moved under section 482 code of criminal procedure which were filed alongwith the ..... concurrently under section 427 cr.p.c., in a matter relating to an accused who was convicted and sentenced for offences under section 138 of the negotiable instruments act in three different cases. the conflicting views between the judgment in kuduva's case [which is by a two judges bench]. and madhanlal's case (air2009sc ( ..... was convicted for the offences punishable under sections 120-b/420, 468 and 471 indian penal code read with section 5(1) of the prevention of corruption act, 1947. in both the cases learned trial court opined that the accused did not deserve any sympathy and deserves to undergo sentence consecutively. this fact indicates .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... stating therein that the said equipment is a mining equipment which falls within the definition of capital goods and is not a motor vehicle as contemplated under motor vehicles act 1988 , central motor vehicles rules 1989 and the rajasthan motor vehicles taxation act 1951 therefore no regis- tration was required and the imposition of road tax would not be justified ..... that the state government has issued a notification dated 1.1.2015 wherein definition of 2(p) was inserted in the rajasthan motor vehicle taxation act, 1951 introducing the term purely off-highway vehicles . which are used ..... section 2(28) of the motor vehicles act of 1988 as well as rule 2(ca) of the central motor vehicles rules,1989. this vehicle is self propelled vehicle which can run on road on its own power without any external support and the same can be used for carrying goods and persons. it is further argued .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... years) was in exercise of the power of the government (ut chandigarh administration) under the provisions of the development act in accordance with the leasehold rules, it involves neither sale of goods nor rendering of any service. the act of leasing plots by auction by the appellants therefore did not result in the successful bidder becoming a 'consumer' ..... has been in relation to plot of land and the allegations therein pertains to 'deficiency in service'. under section 12 of the act, a complaint can be made in relation to goods sold or delivered or agreed to be sold or delivered or any service provided or agreed to be provided and in case the ..... above, complaint is defined in a particular manner, and primarily it is with respect to the deficiency in making available the goods and services. the term deficiency . is also defined under section 2(1)(g) of the act which reads as follows : deficiency . means any fault, imperfection, shortcoming or inadequacy in the quality, nature and manner .....
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..... this common order. petitioners have filed writ petition no.9161/2013 for seeking directions against the respondents to make allotment of shops to the members of jodhpur goods transport association, jodhpur (for short 'the association') who have applied for allotment of shops pursuant to notification/ advertisement dated 13.12.2006 issued by the second ..... intervention is called for or not. only when it comes to a conclusion that 15 overwhelming public interest requires interference, the court should interfere."11. the sale of plots by the rajasthan housing board by means of an auction is essentially a commercial transaction. even if some defect was found in the ultimate decision ..... even upon cancellation of auction of plots by the state government is not desirable if there is no material placed on record to show that government has not acted in furtherance of public interest. the supreme court in rajasthan housing board & anr. v. g.s.investments and anr., (2007) 1 scc477declined to interfere .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... this common order. petitioners have filed writ petition no.9161/2013 for seeking directions against the respondents to make allotment of shops to the members of jodhpur goods transport association, jodhpur (for short 'the association') who have applied for allotment of shops pursuant to notification/ advertisement dated 13.12.2006 issued by the second ..... intervention is called for or not. only when it comes to a conclusion that 15 overwhelming public interest requires interference, the court should interfere."11. the sale of plots by the rajasthan housing board by means of an auction is essentially a commercial transaction. even if some defect was found in the ultimate decision ..... even upon cancellation of auction of plots by the state government is not desirable if there is no material placed on record to show that government has not acted in furtherance of public interest. the supreme court in rajasthan housing board & anr. v. g.s.investments and anr., (2007) 1 scc477declined to interfere .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... purchaser would pay for the acquired land if it has been sold in open market at the time of issue of notification under section 4 of the act. however, comparable sales method of valuation of land for fixing the market value of the acquired land is not always conclusive. there are certain factors which are required to be ..... into account something irrelevant to the decision which it arrives at; or (iii) ignores vital evidence in arriving at its decision, such decision would necessarily be perverse.32. a good working test of perversity is contained in two judgments. in excise and taxation officer-cum-assessing authority v. gopi nath & sons, it was held: (scc312at p. 317, ..... sub-sections (2) and (3) of section 28.section 28 (2) specifically provides that arbitrator shall decide ex aequo et bono [according to what is just and good]. only if the parties have expressly authorised him to do so. similarly, if the award is patently against the statutory provisions of substantive law which is in force .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... even if the evidence on both sides is closed and the jurisdiction of the court must obviously be dictated by exigency of the situation, and fair play and good sense appear to be the only safe guides and that only the requirements of justice command the examination of any person which would depend on the facts and ..... the society in general. the concept of fair trial entails familiar triangulation of interests of the accused, the victim and the society and it is the community that acts through the state and prosecuting agencies. interests of society is not to be treated completely with disdain and as persona non grata. courts have always been considered to ..... supreme court in the case of anvar p.v. (supra) held that secondary evidence of electronic record would be inadmissible unless requirements of section 65b of the evidence act are satisfied. in this background, this court is of the firm opinion that the trial court during the course of the earlier proceedings, whilst allowing the call .....
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