Court : Rajasthan Jodhpur
..... , sub-rule 1a of order xxiii also does not provide for starting point of limitation on transposition. the reason is not far to seek. section 21 of the limitation act, 1963 reads thus: 21. effect of substituting or adding new plaintiff or defendant. - (1) where after the institution of a suit, a new plaintiff or, defendant ..... the plaint shall be served on the new defendant and, if the court thinks fit, on the original defendant. (5) subject to the provisions of the indian limitation act, 1877 (15 of 1877).section 22, the proceedings as against any person added as defendant shall be deemed to have begun only on the service of the summons. ..... any reason for the transposition; the transposition would be apparently barred by limitation and the said application has been filed merely to over come rigour of the limitation act. i have considered the rival submissions. apparently, the provision relating to transposition of a respondent as appellant is envisaged only by provisions of rule 1a of order .....
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..... .k.k.shah, for the petitioner-applicant. mr.l.k.purohit, government counsel...this application as per provisions of section 11(6) of the arbitration and conciliation act, 1996 (hereinafter referred to as the act of 1996 .) is preferred for appointment of an independent arbitrator. briefly stated, facts of the case are that a contract was awarded to the petitioner firm on .....
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..... the sole basis of conviction unless it is corroborated. the rule requiring corroboration is merely a rule of prudence. (v) where the dying declaration is suspicious, it should not be acted upon without corroborative evidence. (vi) a dying declaration which suffers from infirmity such as the deceased was unconscious and could never make any statement cannot form the basis of conviction ..... within a reasonable time. it is asserted that smt. anita died because of delay in availing medical treatment and negligence on part of the doctors but not due to any act of the accused. learned public prosecutor, per contra, urged that there is no reason to disbelieve the statement given by smt. anita as per ex.p/6 and further the .....
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..... case. the learned public prosecutor on the other hand vehemently opposed the submissions advanced by the learned counsel for the appellant. he contended that the investigating officer acted fairly in mixing the contraband packed in two gunny bags and thereafter in taking the samples. he submitted that by adopting the said procedure, representative sample from ..... his submissions, learned counsel for the appellant placed reliance on the decision rendered by the hon'ble apex court in the case of union of india. versus bal mukund and ors.reported in 2009 cri.l.j.2407 and on the decision rendered by this court in the case of ghewar ram. versus state of rajasthan ..... the samples as well as contraband were sealed. on the basis of the recovery, an fir no.181/05 for the offence under section 8/15 of the ndps act was registered against the appellant and investigation commenced. after completion of investigation, the police filed a charge sheet against the appellant for the aforesaid offence. the trial .....
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..... the respondent. mr. rajendra kumar respondent husband present-in-person. ---- by the court: (per hon'ble bhansali, j.) this appeal under section 19 of the family courts act has been filed by the appellant-applicant-wife aggrieved against judgment and decree dated 11.08.2011 passed by the judge, family court no.1, jodhpur ('the family court'), ..... in the written statement does not constitute mental cruelty as claimed. the learned counsel also submitted that irretrievable break down of the marriage is not a ground in the act for grant of divorce and, therefore, no decree in this regard can be passed on that ground. ultimately, it was prayed that the appeal be dismissed. we ..... and/or any time thereafter in the presence of the said witnesses. further, even the issue relating to physical violence, there is no direct evidence and/or any act/action on part of the applicant like lodging of any complaint with police etc. though the applicant has stated that she had approached the police in this regard, .....
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..... response to the advertisement published by the commission for recruitment to the post of teacher gr.iii, primary and upper primary schools of the state under the rajasthan panchayati raj act, 1994 and the rules framed thereunder, the appellant-writ petitioner offered his candidature in ex-servicemen obc category 3 alongwith requisite testimonials. he was permitted to appear in the written ..... bhansali mr.n.r.choudhary for the appellant. judgment by the court (per hon'ble mr.amitava roy, cj) on application no.56/2013 under section 5 of the limitation act for condonation of delay the appeal is belated one and for condonation of delay, an application has been filed. the application discloses that the certified copy of the judgment and .....
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..... s.b. civil misc. appeal no.840/2013 seema belim vs. babu singh & anr. date of judgment :::14. 08.2013 present hon'ble mr. justice p.k. lohra none present. the appellant-claimant has preferred this appeal under section 173 of the motor vehicles act, 1988 (for brevity, hereinafter referred to as 'the act of 1988') for enhancement of compensation awarded by the ..... learned motor accident claims tribunal, jodhpur. the factual matrix giving rise to this appeal is that a claim under section 166 of the act of 1988 was laid by the appellant before the learned tribunal quantifying compensation to the tune of rs.11,25,000/- only. for claiming the said amount of compensation, the .....
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..... commission of offence punishable under sec. 498-a of the indian penal code, 1860 (in short the 'ipc') and sec.4 of the dowry prohibition act, 1961 (in short 'd.p. act').3. the complaint was treated as first information report and investigation was undertaken. on completion of investigation charge-sheet was filed on 8/6/2000. a ..... sufficient ground for proceeding against the accused. (6)where there is an express legal bar engrafted in any of the provisions of the code or the concerned act (under which a criminal proceeding is instituted) to the institution and continuance of the proceedings and/or where there is a specific provision in the code or the ..... concerned act, providing efficacious redress for the grievance of the aggrieved party. (7)where a criminal proceeding is manifestly attended with mala fide and/or where the proceeding is .....
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..... any transaction or negotiations with the authority, cannot invoke the 45 doctrine of legitimate expectation, merely on the ground that the authority has a general obligation to act fairly.17. this court also explained the remedies flowing by applying the principle of legitimate expectation : (scc pp.546-47, para33) " it is ..... said that the notification dated 03.04.2013 is wrongly made applicable retrospectively. with regard to legislative competence it is submitted that section 15 of the act of 1957 clearly provides power to the state government to prescribe method for deciding applications for allotment of mineral mines. the applicants have filed applications ..... notification dated 03.04.2013 is beyond the legislative competence of the state government because under section 15 of the mines & minerals (development and regulation) act, 1957 no such power is left with the state government to provide such provision for rejection of application. learned counsel mr. rajesh joshi invited attention .....
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..... any transaction or negotiations with the authority, cannot invoke the 45 doctrine of legitimate expectation, merely on the ground that the authority has a general obligation to act fairly.17. this court also explained the remedies flowing by applying the principle of legitimate expectation : (scc pp.546-47, para33) " it is ..... said that the notification dated 03.04.2013 is wrongly made applicable retrospectively. with regard to legislative competence it is submitted that section 15 of the act of 1957 clearly provides power to the state government to prescribe method for deciding applications for allotment of mineral mines. the applicants have filed applications ..... notification dated 03.04.2013 is beyond the legislative competence of the state government because under section 15 of the mines & minerals (development and regulation) act, 1957 no such power is left with the state government to provide such provision for rejection of application. learned counsel mr. rajesh joshi invited attention .....
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