Court : Rajasthan Jodhpur
..... of mandatory provisions of relevant rules for holding such court martial and also such charges are levelled on account of certain complaint made by the petitioner for some unnatural acts by one ct.sunil kumar and against whom a regular court martial was held against the said constable sunil kumar and he was punished by the competent authority but ..... . order dt:14. 5/2014 5/7 suspension of sentence under the orders of this court cannot be added to the period of sentence as per section 134 of the act which also reads as under: 134. order after suspension :- the authority or officer specified in section 130 may, at any time while a sentence is suspended, order - (a) ..... the said period of suspension under the order of the high court has also to be added to the period of sentence under section 133 of the border security force act, 1968, which reads as under: 133. computation of period of suspension :- any period during which the sentence is under suspension shall be reckoned as part of the term .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... courts below have committed grave error of law in decreeing the suit filed by the plaintiff by treating the notice under section 106 of the transfer of property act ( the act ).terminating the tenancy as valid; from the record it is proved that the notice (ex.-4).which was sent by registered post, acknowledgement due was not ..... counsel for the respondent submitted that both the courts below had concurrently found against the 4 appellant regarding the sufficiency of service of notice under section 106 of the act and the finding in this regard being concurrent does not call for any interference. it is further submitted that the notice (ex.-4) was sent through post ..... .(supra).in view of the above discussion, the finding recorded by both the courts below regarding validity of the notice under section 106 of the transfer of property act is perfectly justified and the same does not give rise to any substantial question of law. no other point was pressed by the learned counsel for the appellant. .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... out. obviously, in terms of the settlement, the proceedings in any other matter concerning the service of the writ-petitioner including the proceedings under section 33(c)(2) of the act of 1947 are required to be closed. accordingly and in view of the above, these appeals stand disposed of in terms of the above-quoted agreement of the parties and ..... by cheque/demand draft to be paid within 1 month from today.3) the application filed by lt sh. prakash chand lodha under 33(c)(2) of the i.d.act 1947 would be treated to have withdrawn after payment of cheque/demand draft. the application is pending before l.c.bhilwara.4) it is agreed that after this settlement all .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... (d) to enter a nolle prosequi. in our criminal jurisdiction there is a tender of a pardon on condition of full disclosure. section 8(2) of the criminal law amendment act is enabling. without recourse to it an accused person cannot be examined as a witness in the same case against another accused. to determine whether the accused's testimony as .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... party to another.... in rambhau namdeo gajre vs. narayan bapuji dhotra, (2004) 8 scc 61.this court held: protection provided under section 53a of the act to the proposed transferee is a shield only against the transferor. it disentitles the transferor from disturbing the possession of the proposed transferee who is put in possession ..... proceedings under article 227 of the constitution are not original but only supervisory. article 227 substantially reproduces the provisions of section 107 of the government of india act, 1915 excepting that the power of superintendence has been extended by this article to tribunals as well. though the power is akin to that of an ..... of certiorari and the supervisory jurisdiction are to be exercised sparingly and only in appropriate cases where the judicial conscience of the high court dictates it to act lest a gross failure of justice or grave injustice should occasion. care, caution and circumspection need to be exercised, when any of the abovesaid two .....
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1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR :JUDGMENT: S.B.CIVIL SECOND APPEAL NO.876/2011 Smt. Kastu Bai & ORS.versus LRs of Shri Otarmal & ORS.Date of Judgment :: 18th February, 2014 PRESENT HON'BLE Mr.JUSTICE ARUN BHANSALI Mr.Sunil Joshi, for the appellants. Mr.C.S.Kotwani, for the respondents. ---- BY THE COURT: This appeal under Section 100 CPC is directed against judgment and decree dated 18.10.2011 passed by Additional District Judge, Sumerpur dismissing the appeal filed by the appellants-defendants and affirming the judgment and decree dated 04.09.1997 passed by Civil Judge (Junior Division).Sumerpur, whereby, the suit filed by the plaintiffs for possession of house and plot of land was decreed. The facts in brief may be noticed thus : the respondents- plaintiffs, legal representatives of Shri Otarmal, Pukhraj, Nainmal and Banshi Lal filed a suit on 06.11.1989, inter alia, with the averments that a plot of land purchased by them was situated at Rebariyon Ka Baas,...
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..... 6 seeking to question the judgment and decree aforesaid, the learned counsel for the appellant has strenuously argued that the appellant filed an application under section 9 of the act of 1955 and even during such proceedings, the respondent declined to live with the appellant. it is submitted that from the evidence adduced on record by the parties including ..... submitted that the appellant had taken to the life of easy-virtue and turned her out of the house. she alleged that the application under section 9 of the act of 1955 was withdrawn by the appellant himself and he was not interested in keeping herself and the children. she also asserted that the shop in question was ..... leaving his company and going to her mother s place and when lastly she did not return despite all the efforts, he filed an application under section 9 of the act of 1955 wherein, despite settlement, she did not return to her matrimonial house; and on the contrary, started abusing him and also misbehaved at his shop on 14 .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... into an arbitration agreement in future. . hon'ble apex court again considered the meaning of the expression arbitration agreement . as defined under section 7 of the act of 1996 in karnataka power transmission corporation ltd.and another v.; m/s.deepak cables (india) ltd.(2014 air scw2134 and by examining its scope on the ..... procedure including power to determine the admissibility, relevance, materiality and weight of any evidence. a look at the provisions of section 18 and 19 of the act of 1996 indicates that the arbitral proceedings are of quasi judicial nature and the principles of natural justice are required to be adhered during the cours.of adjudication ..... university is that clause 23 of the agreement is not an arbitration clause; hence, the application under section 11(6) of the arbitration and conciliation act, 1996 (for short, 'the act of 1996') is not maintainable. per contra, it is submitted by learned counsel for the applicant that under clause 23 of the agreement, the dispute .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... present misc. petition succeeds and sb criminal misc. petition no.1413/2010 ram kumar avasthi. vs. darbara singh. (17) now the learned special judicial magistrate (ni act cases), sri ganganagar is directed to forward the complaint no.227/2009 to the concerned court which has the jurisdiction to try the offences committed within the territorial ..... cheque by itself constitutes an offence. for the purpose of proving its case that the accused had committed an offence under section 138 of the negotiable instruments act, the ingredients thereof are required to be proved. what would constitute an offence is stated in the main provision. the proviso appended thereto, however, imposes ..... , the amount became payable at delhi. ii. giving of a notice being a condition precedent for filing a complaint petition under section 138 of the negotiable instruments act, a notice having been sb criminal misc. petition no.1413/2010 ram kumar avasthi. vs. darbara singh. (9) issued from delhi, the delhi court had .....
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..... gupta v/s s. jagdish singh and ors. (supra), it is clear that subsequent notice served by the plaintiffs under the provisions of new rent control act, 2001 which act did not apply to suratgarh was no notice in the eye of law and mere demand of rent from the defendants cannot amount to waiver of earlier notice ..... also very doubtful. (j) it may be true that a statutory amendment of a rather cognate provision, like section 115 of the civil procedure code by the civil procedure code (amendment) act, 1999 does not and cannot cut down the ambit of high court's power under article 227. at the same time, it must be remembered that such statutory amendment ..... , assisted by mr. alkesh agarwal vehemently submitted that once the second notice for demand of rent was served by the respondents plaintiffs under the new rajasthan rent control act, 2001 demanding the rent due of rs.65,000/- and the defendants deposited the due rent against that also, the initial notice terminating the lease under section 106 .....
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