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
..... 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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..... court is of the opinion that ex-facie, the fir impugned does not stand to the tests prescribed by the hon'ble apex court in the aforesaid judgment for the acts complained of to be covered under section 306 i.p.c.from the material available on the record, it is evident that the deceased was highly hypersensitive to ordinary petulance ..... or unfair means being adopted in the transaction of sale. in order to prosecute a person for the offence of abetting suicide firstly it has to be shown that he acted in the manner described in section 107 of the i.p.c.section 107 i.p.c.reads as below: 107. abetment of a thing.- a person abets the doing ..... firs.informant that he was fed up with the conduct of ratna ram, tulsi ram, omprakash and asha devi. ultimately sugna ram felt extremely pressurised and persuaded by the illegal acts of the accused and ended his life by throwing himself in front of the train. the complainant further alleged that a suicide note was recovered from the body of sugna .....
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..... appellate jurisdiction. this is particularly so when section 220 (6) deals expressly with a situation when an appeal is pending before the appellate assistant commissioner, but the act is silent in that behalf when an appeal is pending before the appellate tribunal. it could well be said that when section 254 confers appellate jurisdiction, it impliedly ..... rajasthan and ors. order dt:27. 03/2014 5/16 july 2008, accepted an amount of rs.30,000/- from sh bheru lal nagar s/o late sh bal chand nagar r/o village biryakhedi kalan, the- jhalara patan, dist. jhalawar rajasthan, through hc/ro bhanwar lal jatrana of 66 bn bsf, for clearing him in ..... a presumption against the law maker intending injustice and unreasonability/ irrationality, as opposed to a literal one and which does not fit in with the scheme of the act. in case the natural meaning leads to mischievous consequences, it must be avoided by accepting the alternative construction. (vide: bihar state council of ayurvedic and unani medicine .....
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D.B.Criminal Appeal No.652/2008 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR JUDGMENT Gaja Ram @ Gajiya v. The State of Rajasthan D.B.Criminal Appeal No.652/2008 under Section 374(2) of Code of criminal Procedure against the judgment and order dated 27.2.2007 passed by Addidtional Sessions Judge (Fast Track).Balotra camp Barmer in Sessions Case No.124/2004(old No.55/2004).Date of Judgment : 21.04.2014. PRESENT HON'BLE Mr.GOVIND MATHUR,J. HON'BLE Mr.ATUL KUMAR JAIN, J. Mr.Dhirendra Singh for the appellant. Mr.J.P.Bhardwaj, Public Prosecutor for the State. BY THE COURT( Per Hon'ble Mr.Jain,J.).FIR No.111/2004 was registered at Police Station, Kotwali, Barmer under Section 302 of Indian Penal Code and after investigation, the charge-sheet was submitted in the trial court and Addl.Sessions Judge(Fast Track) camp Barmer had framed a charge under Section 302 of Indian Penal Code against accused Gaja Ram@ Gajendra Jat for causing murder of two persons, namely, Upendra Prasad and...
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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. -8- (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 ..... per shri pravin verma (pw-13) on 14.11.2007 at about 06:20 pm he received an application to record the dying declaration of smt. rahisa wife of yasin. acting upon the application he went to the government hospital where smt. rahisa was undergoing treatment and after availing -6- necessary certification from dr. c.l.dabaria her statement was recorded .....
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..... no.3 bank filed applications before respondent no.2, the prescribed authority cum executive officer for recovery of due amount under section 88 of the rajasthan cooperative society act 2001 showing amount due against petitioner baldeo singh rs.35,750 and against petitioner boota singh rs.39,600 as on 31.03.2009. the respondent bank alongwith ..... by order dated 08.07.2009 demanded the outstanding loan amount with interest from the petitioners as aforesaid. the said order was passed under section 99 of the act of 2001. the writ petitions came up on 7th of august 2009 and while admitting the same, this court issued interim protection in favour of petitioners directing that ..... contra, learned counsel for the respondent, mr.ashwani swami, has submitted that the respondent bank has rightly resorted to recovery proceedings under section 99 of the act of 2001 and being a cooperative society, it is well within its right to recover dues from members/borrowers of the society under section 99 of the .....
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..... no.3 bank filed applications before respondent no.2, the prescribed authority cum executive officer for recovery of due amount under section 88 of the rajasthan cooperative society act 2001 showing amount due against petitioner baldeo singh rs.35,750 and against petitioner boota singh rs.39,600 as on 31.03.2009. the respondent bank alongwith ..... by order dated 08.07.2009 demanded the outstanding loan amount with interest from the petitioners as aforesaid. the said order was passed under section 99 of the act of 2001. the writ petitions came up on 7th of august 2009 and while admitting the same, this court issued interim protection in favour of petitioners directing that ..... contra, learned counsel for the respondent, mr.ashwani swami, has submitted that the respondent bank has rightly resorted to recovery proceedings under section 99 of the act of 2001 and being a cooperative society, it is well within its right to recover dues from members/borrowers of the society under section 99 of the .....
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..... such ingenious argument cannot be countenanced at the behest of an unsuccessful bidder. moreover, it runs contrary to the requirements of tender and section 7 of the act of 2012. petitioner s persistent emphasis to circumscribe condition no.1, which is precisely shown as reason for rejection of its technical bid (annex.6) with ..... award of commercial contract by state instrumentality held as under:7. the law relating to award of a contract by the state, its corporations and bodies acting as instrumentalities and agencies of the government has been settled by the decision of this court in ramana dayaram shetty v. international airport authority of india1, ..... condition no.27 of the conditions of the bid documents which envisage referring the dispute to managing director for arbitration under the provisions of arbitration and conciliation act 1996. while joining the issue on the 7 years experience of the [6]. petitioner, respondents have averred in the reply that the petitioner was not .....
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