Court : Rajasthan
Reported in : 2001(2)WLC66; 2001(2)WLN451
..... had directed the government to apply its mind and consider the matter in the hope that the government after such consideration would recognise the just claims of the petitioners and act in accordance with the recommendations that had been made by the chief justice of the said court. the government in fact accepted the recommendations of the chief justice and fixed ..... as he then was) held that the governor in the exercise of the powers under the proviso to clause (1) of article 229 of the constitution is not required to act under the aid and advice of the council of ministers and hence ought to give his approval to the recommendations of the chief justice. at para 17, it is observed ..... contended that the rule assigned to the governor under the proviso to clause i of art. 229 of the constitution is exclusive to him and he is not required to act with the aid and advice of the council of ministers as in art. 163 of the constitution, wherein it is stated that there shall be a council of ministers .....
Tag this Judgment!Court : Rajasthan
Reported in : (1993)IILLJ26Raj; 1993(1)WLC364
..... too helps the respondent. we are not entering into this controversy and in the facts and circumstances of the case, we do feel that under section 17(b) of the act he, must be permitted to draw full back wages at the rate wages last drawn by him till the disposal of this appeal.5. we, therefore, modify the stay-order ..... the authorities cited before us. an absolute stay, in our opinion, is neither permissible nor can be granted, in the light of the provisions of section 17(b) of the act. the legislature clearly intended that workman should not be permitted to starve because the other party wants to take further proceedings by way of appeal or otherwise. it is a ..... as it could not be granted by this court, even ex-party, in view of the mandatory provisions of section 17(b) of the industrial disputes act, 1947 (here-in-after referred to as 'the act of 1947'). his contention is that in the instant case, the respondent has been facing litigation ever since 1988 till the dale. it was after .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2006(4)Raj3149
..... (i) in relation to the central government or any establishment wholly or substantially financed by that government, or a cantonment board constituted under the cantonment act, 1924, the central government (ii) in relation to a state government or any establishment wholly or substantially financed by that government or any local authority ..... language subjects such as hindi, sanskrit, english etc but also in subjects like history, geography, commerce. sociology, philosophy, economics and political science when the act of 1995 came in force, identification of various posts for persons having different kind of disabilities already made in o.m. dated 25th november, 1986 ..... petitioner has assailed the action of the respondents in treating him ineligible. case of the petitioner is that accused to sections 32 and 33 of the act of 1995, the respondents could not reject his candidature for appointment on the post of school lecture (hindi). according to rajasthan disabled persons employment rules .....
Tag this Judgment!Court : Rajasthan
Reported in : 2009(3)WLN202
..... pillion rider of the motor vehicle unless the requisite amount of premium is paid for covering his/her risk (ii) the the legal obligation arising under section 147 of the act cannot be extended to an injury or death of the owner of vehicle or the pillion rider; (iii) the pillion rider in a two wheeler was not to be treated .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2005(2)Raj1198; 2005(1)WLC436
..... to him for investigation. during the course of investigation, he arrested the accused persons and on their informations and at their instance under section 27 of the evidence act, he recovered stolen articles he also recovered the alleged gun, revolver, pallets, scooter and an ambassador car used by the accused at the time of committing the ..... police filed the challan for the offence under sections 395, 396, 397, 120b and 412, ipc, and under sections 3/25 and 3/27 of the arms act. the charges were framed against the accused appellants. the accused denied the charges and claimed to be tried. the prosecution produced as many as 34 witnesses and exhibited ..... further undergo six months' rigorous imprisonment; and accused ghurelal, chunchu @ bhagwan singh, kallu, rajpal and samay singh under sections 3/25 and 3/27 of the arms act to three years' rigorous imprisonment and a fine of rs. 500/- each, in default of payment of fine to further undergo three months' rigorous imprisonment. all the .....
Tag this Judgment!Court : Rajasthan
Reported in : [2002(94)FLR1178]; RLW2003(1)Raj109; 2002(3)WLN1
..... in pannalal binjraj v. union of india (15), and ajantha industries v. central board of direct taxes (16). while interpreting section 127 of the income tax act, 1961 the apex court held that recording of reasons for transferring the case from one jurisdiction to another was mandatory and the said reasons must be communicated to ..... industries (india) pvt. ltd., calcutta v. its workmen (13), wherein the apex court categorically held that while passing the order under section 33-b of the act, 1947 the appropriate government must record reasons and the said requirement is to be complied with both, in substance and in letter. merely stating that the withdrawal of ..... apex court observed that the state or its instrumentality must not take any irrelevant or irrational factor into consideration or appear arbitary in its decision. 'duty to act fairly' is part of fair procedure envisaged under articles 14 and 21. every activity of the public authority or those under public duty must be received and .....
Tag this Judgment!Court : Rajasthan
Reported in : [2004]140TAXMAN465(Raj); 2004(3)WLC612
..... of fresh agreement ?3. whether decree for specific performance in favour of plaintiff nos. 2 to 5 is illegal 4. whether ex. 1 is a benami transaction prohibited by the act, 1988first point9. in a suit for specific performance, it is well settled that the plaintiff has to plead and prove that he was and is ready and willing to perform ..... to 5 is not maintainable and transaction of sale in favour of defendant nos. 2 to 5 is barred by section 3 of the benami transaction (prohibition) act, 1988 (hereinafter referred to as the 'act').6. on the basis of the pleadings of the parties, following issues were framed.(1) vk;k oknh fo; leifk gsrq fo; vuqcu/k fnukafdr 8 tqykbz .....
Tag this Judgment!Court : Rajasthan
Reported in : 2004CriLJ3519; 2004(2)WLC169
..... rejected.23. for the reasons mentioned above, no interference is called for in the impugned judgment dated 2-7-1987 passed by the learned special judge, essential commodities act, jalore and the appeal filed by the state of rajasthan deserves to be dismissed.accordingly, the present appeal filed by the state of rajasthan is dismissed after confirming ..... special judge dropped the proceedings vide judgment dtd. 2-7-1987.6. aggrieved from the judgment dtd. 2-7-1987 passed by the learned special judge, essential commodities act, jalore, the present appeal has been filed by the state of rajasthan.7. in this appeal, the main submission of the learned p. p. is that when the ..... being carried without permit and thus, there was violation of clauses 6 and 7 of the order of 1985 punishable under section 3/7 of the essential commodities act.(iii) after investigation challan was filed against the accused respondent for violation of clauses 6 and 7 of the order of 1985 punishable under section 3/7 of .....
Tag this Judgment!Court : Rajasthan
Reported in : [2009]148CompCas843(Raj); [2007]76SCL157(Raj)
..... under section 391 to entertain and sanction the scheme of compromise/arrangement. it is further submitted that section 22 of sick industrial companies (special provisions) act, 1985 (for short 'sica') bars the continuation and maintainability of following proceedings against the industrial company with respect to which an inquiry is pending under ..... the company existed at rs. 600 crores and in addition thereto, it was incurring annual losses excess of rs. 75 crores, the board of directors acting in consultation with the creditors, explored multiple alternatives towards resolving the financial crisis.(k) after protracted consultations and negotiations spread over a period of two years, ..... been approved by the requisite majority of the secured creditors representing more than 3/4th in value of the total debts as required under the companies act.5. the notice of this petition was sent to the official liquidator and the regional director, ministry of company affairs, new delhi and simultaneously .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2006(4)Raj2995
..... she is owner of the property and issue of title has not been decided, she can prove the title in regular suit and not in the suit under rent control act. therefore also, there arises no reason for setting aside the orders passed by the courts below on the application filed by the defendant.15. the appellant submitted an application ..... be set aside, the natural consequences will follow and by these consequences, one will have to vacate the premises.14. this is a case under the provisions of rent control act and according to learned counsel for the appellant himself, the question of title neither could have been decided nor has been decided in this suit, therefore, if the appellant ..... whether the reasons submitted by the parties has bonafide or not. the party seeking relief on the basis of his bonafides cannot say judge-my- bonafide-from-my-own-own-act-only, which he has presented today only.12. from facts of this case, i do not find that the two courts below have committed any error of fact or .....
Tag this Judgment!