Court : Rajasthan Jodhpur
..... separate and distinct from its shareholders with its own legal rights and obligations. it seeks to disregard the separate personality of the company and attribute the acts of the company to those who are allegedly in direct control of its operation. the starting point of this doctrine was discussed in the celebrated case ..... said to be carrying on its business pursuant to the authority of the central government?. that obviously cannot be said of a company incorporated under the companies act whose constitution, powers and functions are provided for and regulated by its memorandum of association and the articles of association. an incorporated company, as it well ..... of the words used by parliament in the definition clause of 'appropriate government'. it is an undisputed fact that the company was incorporated under the companies act and it is the company so incorporated which carried on the undertaking. the undertaking, therefore, is not one carried on directly by the central government or .....
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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 .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... law.24. we do not find any lack of authority nor any prohibition in {17} dbsaw nos.715/2013, 714/2013 & 739/2013 the land revenue act or uit act which may prohibit or any statutory provision which may have restrained the state government to constitute a committee of senior officers, who had already submitted its report, confirming ..... passed by the authority concerned, after giving an opportunity of hearing to the petitioner, in conformity with the provisions of section 91-a and 92-b of the act of 1959. he further held that the court cannot sit in appeal over the administrative decisions taken by the competent authorities for removing encroachments upon the government land ..... the petitioner, have resulted into gross violation of {6} dbsaw nos.715/2013, 714/2013 & 739/2013 law. he held that under section 91-a of the act of 1959, the uit is competent to direct, in addition to the prosecution lodged for such violation, demolition of the constructions by the owner thereof, carried out in .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... law.24. we do not find any lack of authority nor any prohibition in {17} dbsaw nos.715/2013, 714/2013 & 739/2013 the land revenue act or uit act which may prohibit or any statutory provision which may have restrained the state government to constitute a committee of senior officers, who had already submitted its report, confirming ..... passed by the authority concerned, after giving an opportunity of hearing to the petitioner, in conformity with the provisions of section 91-a and 92-b of the act of 1959. he further held that the court cannot sit in appeal over the administrative decisions taken by the competent authorities for removing encroachments upon the government land ..... the petitioner, have resulted into gross violation of {6} dbsaw nos.715/2013, 714/2013 & 739/2013 law. he held that under section 91-a of the act of 1959, the uit is competent to direct, in addition to the prosecution lodged for such violation, demolition of the constructions by the owner thereof, carried out in .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... law.24. we do not find any lack of authority nor any prohibition in {17} dbsaw nos.715/2013, 714/2013 & 739/2013 the land revenue act or uit act which may prohibit or any statutory provision which may have restrained the state government to constitute a committee of senior officers, who had already submitted its report, confirming ..... passed by the authority concerned, after giving an opportunity of hearing to the petitioner, in conformity with the provisions of section 91-a and 92-b of the act of 1959. he further held that the court cannot sit in appeal over the administrative decisions taken by the competent authorities for removing encroachments upon the government land ..... the petitioner, have resulted into gross violation of {6} dbsaw nos.715/2013, 714/2013 & 739/2013 law. he held that under section 91-a of the act of 1959, the uit is competent to direct, in addition to the prosecution lodged for such violation, demolition of the constructions by the owner thereof, carried out in .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... of contract. no response to the notice aforesaid was given, hence, the instant application for appointment of arbitrator as per provisions of section 11(6) of the arbitration and conciliation act, 1996 is preferred. (2) a reply to the application has been filed on behalf of the respondents with assertion that by communication dated 29.10.2013 the resident engineer, rajasthan .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... of contract. no response to the notice aforesaid was given, hence, the instant application for appointment of arbitrator as per provisions of section 11(6) of the arbitration and conciliation act, 1996 is preferred. a reply to the application has been filed on behalf of the (2) respondents with assertion that by communication dated 29.10.2013 the resident engineer, rajasthan .....
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..... this regard was necessary for the purpose of alleged attornment. 20. besides the above, the definition of landlord under section 2(c) of the rajasthan rent control act, 2001 ('the act') reads as under:- "(c) 'landlord' means any person who for the time being is receiving or is entitled to receive the rent of any premises, whether ..... be made by any court having jurisdiction to entertain a suit for the possession of the property leased." 10. the said proviso to section 109 of the tp act coupled with the settled legal position that the attornment in favour of transferee is automatic and it requires no consent of the lessee only entitles the transferee to ..... landlord, dr. surendramal mertiya, continued to receive the rent from the tenant and, therefore, his right to seek eviction as 'landlord' as defined under the rent control act, 1950 continued irrespective of his transfer of suit property by way of gift, and the present second appeal of tenant deserves dismissal. the reasons are as follows. 8. .....
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S.B. CIVIL FIRST APPEAL NO.646/2011 Om Prakash Vs. Smt.Shashi & Anr. Order, Monday, dated 21.09.2015. 1/39 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR. :: JUDGMENT :: S.B. CIVIL FIRST APPEAL NO.646/2011 Om Prakash s/o Rajaram Vs. Smt.Shashi w/o Late Narendra Kumar & Anr. Date of Order ::: Monday, 21st September, 2015. PRESENT HON'BLE DR. JUSTICE VINEET KOTHARI Appearance: Mr.R.R.Nagori, Senior Advocate assisted by Mr.Alkesh Agarwal and Mr.V.L.Thanvi, for the defendant-appellant. Mr.Ashok Chhangani for the plaintiffs-respondents. REPORTABLE BY THE COURT (ORAL) :- 1. The defendant-Om Prakash has filed the present first appeal under Section 96 of the Code of Civil Procedure against the plaintiffs/decree-holders Smt.Shashi w/o Late Shri Narendra Kumar and her son Shailendra, aggrieved by the decree of possession dated 13.12.1999 in Civil Original Suit S.B. CIVIL FIRST APPEAL NO.646/2011 Om Prakash Vs. Smt.Shashi & Anr. Order, Monday, dated 21.09.2015. 2/39 No.120/89 Smt.Shas...
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..... representation of son of the present petitioner, viz. jorawar singh s/o mrigendra singh, a minor by which some proceedings under section 83 of the rajasthan land revenue act, 1956, were sought to be initiated at the instance of the revenue minister against the petitioner and the petitioner in that writ petition being the purchaser of the ..... in making such a frivolous & collusive representation directly to the hon'ble revenue minister at the instance of a minor. since no limitation under section 83 of the act has been provided as such, the settled legal position in this regard is that where no such limitation is prescribed, such powers can be invoked only within a ..... herein) allowed the writ petition filed by one of the purchasers of the land in question, also found that proceedings under section 83 of the rajasthan land revenue act sought to be initiated by the then revenue minister at the instance of the minor son (jorawar singh) of the plaintiff- mrigendra singh, were not sustainable and .....
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