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 .....
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..... . 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, ..... servants and constitutional functionaries. in the case of a government servant/or functionary who cannot under the conditions of his service/or office, by his own unilateral act of tendering resignation, give up his service/or office, normally, the tender of resignation becomes effective and his service/or office-tenure terminated, when it ..... resulted in severance of employer- employee relationship forthwith on 18.1.2006.) for the same reason, the principle underlying section 19 of the transfer of property act is not attracted.42. the general principle that emerges from the foregoing conspectus, is that in the absence of anything to the contrary in the provisions .....
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..... promotion in group-c and d posts only; the provisions of the persons with disabilities (equal opportunities, protection of rights and full participation) act, 1995 ('the act') do not prescribe for reservation in promotion and the reservations in promotions is only covered by the instructions of the government and, therefore, ..... /public sector undertakings/government companies declaring that the non-observance of the scheme of reservation for persons with disabilities should be considered as an act of non-obedience and the nodal officer in department/public sector undertakings/government companies, responsible for the proper strict implementation of reservation for person ..... give benefit of reservation to persons with disabilities in the matter of promotion to posts in the indian administrative services and directed the respondents to act accordingly. the national federation of the blind filed contempt petition (civil) no.499/2014 before hon'ble supreme court alleging disobedience of 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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..... by the commandant, whereafter the respondent/writ petitioner has been recommended to be tried by the ssfc. bearing in mind that section 74(2) of the act, though mandates reference to the appropriate authority as a pre condition for ssfc as contemplated therein but not a sanction 10 therefor, we are inclined to conclude ..... according to mr.nanda, the intra departmental communications, as sought to be relied upon by the appellants, do not demonstrate reference under section 74(2) of the act and, thus, have been rightly rejected by the impugned judgment and order. referring to the dictionary meaning of word reference ., the learned counsel has urged that the ..... was ordered thereafter and eventually, the respondent/writ petitioner was put on trial by the ssfc with effect from 18th march, 1996 under section 46 of the act and he, having been found guilty of charge, was sentenced with dismissal from service. the respondents controverted the imputation of contravention of the provisions of the rules .....
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..... of the father and the mother of the complainant were also recorded and in pursuance to the information provided by the mother-in-law under section 27 of the evidence act, two gold rings, laptop, clothes and pan card of the complainant were recovered from her possession. the complainant/respondent no.3 filed reply stating that the marriage of the complainant ..... even if taken at their face value do not satisfy the conditions and ingredients of sections 406, 498-a of the ipc and sections 3 & 4 of the dowry prohibition act. the allegations were vague in the nature. the dispute is between the husband & wife and the parents have been dragged unnecessarily. further, the entire family has been enroped including the .....
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..... .ramit mehta, for the appellant. mr. ankur mathur for mr. v.k. mathur, for the respondents. ---- by the court: reportable this appeal under section 35g of the central excise act, 1944 ('the act') has been filed against final order dated 21.03.2005 passed by the customs, excise & service tax appellate tribunal, new delhi ('cestat'), whereby, the appeal filed by the appellant ..... of duty or partial exemption for the small or cottage sector, as set forth in the schedule to the central excise tariff act, 1985 (5 of 1986), or by a notification issued under rule 8 or section 5a of the act; (ii) if the amount of refund payable on the goods is less than rupees fifty; (iii) on goods which are disposed .....
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..... suffice to mention that in any case now a period of more than one year has already been passed from the date of filing application under section 13b of the act of 1955. looking to all these facts and circumstances noticed above we deem it appropriate to accept this appeal. accordingly, the same is allowed the marriage of appellant no ..... customs and rituals at udaipur. a couple soon after their marriage preferred an application under section 13b of the act of 1955 seeking direction to annul their marriage by consent. the application came to be dismissed being premature on the count that the same was filed prior to a ..... aforesaid, whereby the learned judge, family court, udaipur rejected an application preferred by the appellants as per the provisions of section 13b of hindu marriage act, 1955 (hereinafter referred to as 'the act of 1955').the facts in brief are that the appellant no.1 and appellant no.2 entered into a wedlock on 28.06.2012 as per hindu .....
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..... . by the impugned order dated 27.04.2013, the learned district judge, chittorgarh has refused to admit the petition filed by the appellant under the provisions of the provincial insolvency act, 1920 finding that the petition was not worth admission, as the appellant-applicant had failed to furnish the details of his debts and outstanding dues and the particulars of the ..... the disposal of the court concerned for distribution amongst his creditors pro rata, therefore, the contents as required to be given in such petiion under section 13 of the said act of 1920 s.b. civil misc. appeal no.1514/2013 kanju mia vs. daulat khan & ors. order, wednesday, dated 23.09.2015. 2/6 read with section 10 stipulating the .....
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