Court : Rajasthan Jodhpur
..... 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 .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... 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 .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... 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 .....
Tag this Judgment!Court : Rajasthan
Reported in : 1973(6)WLN934
..... ornaments.36. vehement argument was addressed to us in regard to the unfair investigation and it was submitted that because of this unfairness the statements under section 27, evidence act should be disbelieved. reliance was placed on ghazi v. state : air1966all142 and amin v. state : air1958all293 . in ghazi's case : air1966all142 the learned judges ..... emperor 29 cr. l.j. 1009 (1014); in re kallameedi chenna reddi 42 cr.l.j 582 tahsilder singh v. state : air1958all214 and delhi administration v. bal kishan : 1972crilj1 mr. purohit appearing for the respondent rama and kanwar singh urged that it was highly improbable that this witness would have been able to identify rama ..... it. amin's case : air1958all293 , however, lays down that articles 20(3) of the constitution of india applies to discoveries under section 27 of the evidence act, if these discoveries are the results of compulsion, and the scooe of section 27 is itself restricted by article 20(3) of the constitution and the discoveries .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR2008Raj194
..... 7. learned counsel for the non-petitioner-mother has made a preliminary submission that as the matter relating to guardianship is covered under the family courts act, 1984 ('the act of 1984'), this revision petition under section 115 of the code of civil procedure is not competent because the order passed by the family court could ..... revision petition is directed against the order dated 11.02.2008 as passed by the district judge, merta in the proceedings under the guardians and wards act, 1890 ('the act of 1890') rejecting an application moved by the petitionerfather under order vii rule 11 of the code of civil procedure and rejecting his contention that the ..... of the case and the law applicable. 9. the preliminary objection regarding maintainability of this revision petition with reference to the provisions of the family courts act, 1984 has only been noted to be rejected as rather misconceived. admittedly, the proceedings in question have been taken up with the district court at merta .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2006(3)Raj2424; 2006(4)WLC515
..... council established under section 28 offor education and training; the indira gandhi national open unive-4. to carry out teaching and research rsity act, 1985 (central act no.50 ofand offer continuing education pro- 1985);grammes; (d) 'distance education' means5. to create centres of excellence for education ..... council 'ofsection 3 the object of the university technical education established undershall be- all india council of technical education1. to provide instructions, teaching and act, 1987 (central act no. 52 of 1987);training in higher education and make (b) 'csir' means the council ofprovisions for research, advancement scientific and industrial research ..... in the said case, prof. yashpal, an eminent scientist and former chairman, ugc, had challenged the constitutional validity of the chhatisgarh act. the said act provided for the establishment of self-financed private universities-for imparting higher education and to regulate their functions and for matters connected therewith .....
Tag this Judgment!Court : Rajasthan
Reported in : 2006CriLJ3585; RLW2006(3)Raj2459; 2006(4)WLC425
..... basis of statement under section 67 of the ndps act cannot be sustained.53. learned counsel appearing for the union of india, controverting the contention raised by the counsel for the appellant submitted that this controversy ..... named above, adverse inference cannot be drawn.52. lastly, it was contended by learned counsel for the appellant that the statement under section 67 of the ndps act cannot be said to be a confessional statement but at the most it may be an extra-judicial confessional statement and therefore, the conviction on the ..... though its compliance if not mandatory. in the circumstances, therefore, the contention of learned counsel for the appellant regarding non-compliance of section 57 of the ndps act cannot be accepted.34. learned counsel for the appellant further contended that panch witnesses (motbirs) did not support the case of the complainant and have turned hostile .....
Tag this Judgment!Court : Rajasthan
Reported in : 1987(2)WLN661
..... rights of the parties can enable a person to resist the suit under section 180 of the u.p. tenancy act. it was held that such an order cannot enable a person to resist a suit under section 180 of the act, and such a suit can only be resisted by a person who can claim possession with title. in sajjan singh .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2008(3)Raj2340
..... division bench of the high court has failed to see that the scheme conferred discretion on the corporation under clause 8.1 coupled with the duty to act judiciously when application for voluntary retirement was made by an employee. the said clause did not confer any unfettered discretion upon the corporation to refuse the benefit ..... but that does not mean that the respondent corporation being an authority coming within the purview of article 12 of the constitution can abdicate its duty to act reasonably and fairly in exercise of discretion. it is strange as to why the managing director of the respondent corporation, the competent authority to accept the ..... rseb. the state government decided to abolish rseb and it divided into 5 public sector companies under section 14 of the rajasthan power sector reforms act, 1999 (for short 'the act of 1999. the division of erstwhile rseb into 5 companies took place after issuance of the rajasthan power sector reforms transfer scheme, 2000 (for short .....
Tag this Judgment!Court : Rajasthan
Reported in : 2001(1)WLC433; 2001(1)WLN226
..... be appropriate to confer power on the state government to nullify virtually the effect of an award by exercising its power under section 6(4) of the act. the act applies not merely to disputes arising between private management and labour unions and the workmen employed by them but also to industries owned by the state government and ..... the governor,sd/-(shikhar agarwal)dy. secretary governmentannexure/6,26th march, 1999s.0.484: in exercise of the powers conferred by section 22-a of the registration act, 1908 (central act no. xvi of 1908), as applicable in the state of rajasthan, the state govt. hereby declares that the state govt. hereby declares that the registration of ..... 6 and 7 which are reproduced hereunder:annexure/3,1 april, 1999s.0.7. in exercise of the power conferred by section 22-a of the indian registration act, 1908 (central act no. xvi of 1908) p.s. applicable in the state of rajasthan, the state govt. hereby declares that the registration of the following classes of documents .....
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