Court : Rajasthan Jodhpur
..... executed by smt. puni bai, wanted to transfer the plot nos.107 and 108 to one shri mukul mahavir agrawal and plot nos.106 and 109 as husband of smt. seema gehlot to said shri mukul mahavir agrawal and, in this regard, a notice seeking objections was published in the newspaper, which was replied by the counsel of the appellants, ..... and due to a mistake made in good faith, in the interest of justice, indulgence may be granted in terms of proviso to section 21 of the limitation act, 1963 ('the act of 1963').it is submitted by learned counsel for the appellants that the appellants were not aware of the transfer made in favour of smt. puni bai and ..... court effectually and completely to adjudicate upon and settle all the questions involved in the suit, be added. (3) ....(4) ....(5) subject to the provisions of the indian limitation act, 1877 (15 of 1877).section 22, the proceedings as against any person added as defendant shall be deemed to have begun only on the service of the summons. . section .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... , sub-rule 1a of order xxiii also does not provide for starting point of limitation on transposition. the reason is not far to seek. section 21 of the limitation act, 1963 reads thus: 21. effect of substituting or adding new plaintiff or defendant. - (1) where after the institution of a suit, a new plaintiff or, defendant ..... the plaint shall be served on the new defendant and, if the court thinks fit, on the original defendant. (5) subject to the provisions of the indian limitation act, 1877 (15 of 1877).section 22, the proceedings as against any person added as defendant shall be deemed to have begun only on the service of the summons. ..... any reason for the transposition; the transposition would be apparently barred by limitation and the said application has been filed merely to over come rigour of the limitation act. i have considered the rival submissions. apparently, the provision relating to transposition of a respondent as appellant is envisaged only by provisions of rule 1a of order .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... to excite disaffection towards the government established by law'. this court gave a restricted interpretation to the aforesaid words so that they apply only to acts involving intention or tendency to create disorder or disturbance of law and order or incitement to violence. this was done to avoid the provisions becoming ..... prescribed authorities under this chapter; (b) the conditions subject to which drivers of stage carriages performing the functions of a conductor and persons temporarily employed to act as conductors may he exempted from the provisions of sub-section (1) of section 29; (c) the minimum educational qualifications of conductors; their duties and ..... of termination of services of the petitioners, who were appointed as conductors in the respondent rsrtc, a corporation incorporated under the provisions of the road transport corporations act, 1950. the facts illustratively are taken from sbcwp no.6757/2013 panne singh & ors. vs. rsrtc & ors.2. in the selection process initiated .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... to excite disaffection towards the government established by law'. this court gave a restricted interpretation to the aforesaid words so that they apply only to acts involving intention or tendency to create disorder or disturbance of law and order or incitement to violence. this was done to avoid the provisions becoming ..... prescribed authorities under this chapter; (b) the conditions subject to which drivers of stage carriages performing the functions of a conductor and persons temporarily employed to act as conductors may he exempted from the provisions of sub-section (1) of section 29; (c) the minimum educational qualifications of conductors; their duties and ..... of termination of services of the petitioners, who were appointed as conductors in the respondent rsrtc, a corporation incorporated under the provisions of the road transport corporations act, 1950. the facts illustratively are taken from sbcwp no.6757/2013 panne singh & ors. vs. rsrtc & ors.2. in the selection process initiated .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... to excite disaffection towards the government established by law'. this court gave a restricted interpretation to the aforesaid words so that they apply only to acts involving intention or tendency to create disorder or disturbance of law and order or incitement to violence. this was done to avoid the provisions becoming ..... prescribed authorities under this chapter; (b) the conditions subject to which drivers of stage carriages performing the functions of a conductor and persons temporarily employed to act as conductors may he exempted from the provisions of sub-section (1) of section 29; (c) the minimum educational qualifications of conductors; their duties and ..... of termination of services of the petitioners, who were appointed as conductors in the respondent rsrtc, a corporation incorporated under the provisions of the road transport corporations act, 1950. the facts illustratively are taken from sbcwp no.6757/2013 panne singh & ors. vs. rsrtc & ors.2. in the selection process initiated .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... to excite disaffection towards the government established by law'. this court gave a restricted interpretation to the aforesaid words so that they apply only to acts involving intention or tendency to create disorder or disturbance of law and order or incitement to violence. this was done to avoid the provisions becoming ..... prescribed authorities under this chapter; (b) the conditions subject to which drivers of stage carriages performing the functions of a conductor and persons temporarily employed to act as conductors may he exempted from the provisions of sub-section (1) of section 29; (c) the minimum educational qualifications of conductors; their duties and ..... of termination of services of the petitioners, who were appointed as conductors in the respondent rsrtc, a corporation incorporated under the provisions of the road transport corporations act, 1950. the facts illustratively are taken from sbcwp no.6757/2013 panne singh & ors. vs. rsrtc & ors.2. in the selection process initiated .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... petition and rightly so, but against which only on a question of law arising therefrom, a revision petition under section 86 of the rajasthan sales tax act, 1994 could be maintained by the petitioner assessee, this revision petition filed for seeking refund of tax already so paid and recovered on the strength of ..... to pay tax itself can only beexempted by invoking relevant provisions for grant of exemption under the relevant statute, like , section 15 of the rajasthan sales tax act, 1994. that power can only be exercised by the state government itself according to the rules of business and not by any secretary concerned thereof. obviously, ..... judgment dt:11/10/20112/243.admittedly, since alternative remedy is available to thepetitioner company against the impugned rectification orders under section 37 of the rajasthan vat act, 2003, these writ petitions under article 226 of the constitution of india could have been summarily dismissed on the anvil of availability of alternative remedy to the .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... reasons. firstly, rips 2003 is an executive policy decision of the state government involved here in this case; whereas upon enactment of u.p. electricity reforms act, 1999, uniform tariffs for supply of electricity were introduced in the case before the apex court and thus obviously principle of promissory estoppel were held not ..... writ petitions. the appellants, then filed the present appeals.allowing the appeals, the supreme court held : in terms of section 6(c) of the general clauses act, 1897, unless a different intention appears the repeal would not affect any right, privilege or liability acquired, accrued or incurred under the repealed enactment. the effect ..... held that: "... in this circumstances, the petitioners can very well invoke the principle of equitable and promissory estoppel against respondents under section 115 of the indian evidence act." c. pournami oil mills vs. state of kerala (1987) 65 stc 1: this case arose out of sales tax incentive given to small scale industries. .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... anjay kothari, for the respondent. reportable by the court: (per hon'ble dinesh maheshwari,j.) this appeal by the revenue under section 260-a of the income tax act, 1961 [the act] is directed against the judgment and order dated 15.06.2007 as passed by the income tax appellate tribunal, jodhpur bench, jodhpur [the tribunal] in ita no. ..... in the following:- 5. these provisions under s. 32ab are pari materia with the provisions relating to certain benefits extended to assessees under ss. 80 and 80hhc of the it act. for the present purposes primary requirement of s. 32ab (1) is (i) that total income of assessee must include income chargeable under head 'profit and gains of ..... 80hhc at rs.37,08,019.97. the assessing officer [the ao] declined to allow the deduction as claimed by the assessee under section 80hhc of the act while holding that the requirement of furnishing the audit report in form no.10ccac alongwith the return was a mandatory one and, for having failed to fulfill this requirement .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... . what is to be examined by this court is as to what will be the effect of s.4 of rajasthan lands (restrictions on transfer) act, 1976 (act, 1976) which has been enacted to impose restrictions on transfer of lands proposed to be acquired or under acquisition for public purposes.26. provisions under ..... vehemently urged that the respondent secretary, uit, udaipur had grossly erred and discriminated against the petitioners while dismissing their application under section 90b of the act even though several such other applications of different applicants in respect of land situated in the total land of 4800 bighas acquired for `bhuwana extension scheme ..... for the petitioners, mr. m.r.singhvi, sr. advocate has vehemently contended that during the consideration of petitioners application under section 90b of the act in terms of the various government circulars, the uit, udaipur itself had regularized such land of various other persons notwithstanding the aforesaid land acquisition proceedings having .....
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