Court : Rajasthan
Reported in : 2009(3)WLN202
..... pillion rider of the motor vehicle unless the requisite amount of premium is paid for covering his/her risk (ii) the the legal obligation arising under section 147 of the act cannot be extended to an injury or death of the owner of vehicle or the pillion rider; (iii) the pillion rider in a two wheeler was not to be treated .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2005(2)Raj1198; 2005(1)WLC436
..... to him for investigation. during the course of investigation, he arrested the accused persons and on their informations and at their instance under section 27 of the evidence act, he recovered stolen articles he also recovered the alleged gun, revolver, pallets, scooter and an ambassador car used by the accused at the time of committing the ..... police filed the challan for the offence under sections 395, 396, 397, 120b and 412, ipc, and under sections 3/25 and 3/27 of the arms act. the charges were framed against the accused appellants. the accused denied the charges and claimed to be tried. the prosecution produced as many as 34 witnesses and exhibited ..... further undergo six months' rigorous imprisonment; and accused ghurelal, chunchu @ bhagwan singh, kallu, rajpal and samay singh under sections 3/25 and 3/27 of the arms act to three years' rigorous imprisonment and a fine of rs. 500/- each, in default of payment of fine to further undergo three months' rigorous imprisonment. all the .....
Tag this Judgment!Court : Rajasthan
Reported in : [2002(94)FLR1178]; RLW2003(1)Raj109; 2002(3)WLN1
..... in pannalal binjraj v. union of india (15), and ajantha industries v. central board of direct taxes (16). while interpreting section 127 of the income tax act, 1961 the apex court held that recording of reasons for transferring the case from one jurisdiction to another was mandatory and the said reasons must be communicated to ..... industries (india) pvt. ltd., calcutta v. its workmen (13), wherein the apex court categorically held that while passing the order under section 33-b of the act, 1947 the appropriate government must record reasons and the said requirement is to be complied with both, in substance and in letter. merely stating that the withdrawal of ..... apex court observed that the state or its instrumentality must not take any irrelevant or irrational factor into consideration or appear arbitary in its decision. 'duty to act fairly' is part of fair procedure envisaged under articles 14 and 21. every activity of the public authority or those under public duty must be received and .....
Tag this Judgment!Court : Rajasthan
Reported in : 2004CriLJ3519; 2004(2)WLC169
..... rejected.23. for the reasons mentioned above, no interference is called for in the impugned judgment dated 2-7-1987 passed by the learned special judge, essential commodities act, jalore and the appeal filed by the state of rajasthan deserves to be dismissed.accordingly, the present appeal filed by the state of rajasthan is dismissed after confirming ..... special judge dropped the proceedings vide judgment dtd. 2-7-1987.6. aggrieved from the judgment dtd. 2-7-1987 passed by the learned special judge, essential commodities act, jalore, the present appeal has been filed by the state of rajasthan.7. in this appeal, the main submission of the learned p. p. is that when the ..... being carried without permit and thus, there was violation of clauses 6 and 7 of the order of 1985 punishable under section 3/7 of the essential commodities act.(iii) after investigation challan was filed against the accused respondent for violation of clauses 6 and 7 of the order of 1985 punishable under section 3/7 of .....
Tag this Judgment!Court : Rajasthan
Reported in : [2009]148CompCas843(Raj); [2007]76SCL157(Raj)
..... under section 391 to entertain and sanction the scheme of compromise/arrangement. it is further submitted that section 22 of sick industrial companies (special provisions) act, 1985 (for short 'sica') bars the continuation and maintainability of following proceedings against the industrial company with respect to which an inquiry is pending under ..... the company existed at rs. 600 crores and in addition thereto, it was incurring annual losses excess of rs. 75 crores, the board of directors acting in consultation with the creditors, explored multiple alternatives towards resolving the financial crisis.(k) after protracted consultations and negotiations spread over a period of two years, ..... been approved by the requisite majority of the secured creditors representing more than 3/4th in value of the total debts as required under the companies act.5. the notice of this petition was sent to the official liquidator and the regional director, ministry of company affairs, new delhi and simultaneously .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2006(4)Raj2995
..... she is owner of the property and issue of title has not been decided, she can prove the title in regular suit and not in the suit under rent control act. therefore also, there arises no reason for setting aside the orders passed by the courts below on the application filed by the defendant.15. the appellant submitted an application ..... be set aside, the natural consequences will follow and by these consequences, one will have to vacate the premises.14. this is a case under the provisions of rent control act and according to learned counsel for the appellant himself, the question of title neither could have been decided nor has been decided in this suit, therefore, if the appellant ..... whether the reasons submitted by the parties has bonafide or not. the party seeking relief on the basis of his bonafides cannot say judge-my- bonafide-from-my-own-own-act-only, which he has presented today only.12. from facts of this case, i do not find that the two courts below have committed any error of fact or .....
Tag this Judgment!Court : Rajasthan
Reported in : 2003ACJ761; 2001(4)WLC183
..... transport authority has also been produced. in these circumstances, the insurance company has not discharged the burden cast upon it under section 96(2)(b)(ii) of the motor vehicles act, 1939.13. the ratio of united india insurance co. ltd. v. gian chand 1997 acj 1065 (sc), is not applicable in the facts and circumstances of this case ..... and that entitled the insurance company to get the benefit of the exclusion clause available as defence to the company under section 96(2)(b) of the motor vehicles act, 1939. the driver of the vehicle preferred appeal before the high court and contended that insurance company should have been made liable to pay compensation and was wrongly ..... was as to whether the driver holding learner's licence can be regarded as duly licensed driver within the meaning of section 96(2)(b)(ii) of the motor vehicles act, 1939. it was held that 'driving licence' within the meaning of section 2(5-a) does not include a learner's licence. as the words 'permanent driving licence .....
Tag this Judgment!Court : Rajasthan
Reported in : (2004)86TTJ(NULL)410
..... the parties are admittedly income-tax assessees. the amount given and accepted was duly explained amount. hence, there was no addition made under section 68 of the act.5.8 while interpreting penalty provisions the legislative intent and the object behind the enactment plays important role and has always to be kept in mind. the cbdt ..... cit, bikaner range, bikaner.5. the learned authorised representative made the following submissions :5.1 the transaction with sister-concern was not covered by section 269ss of the act. it is an admitted position of facts that there are transactions between two sister-concerns. the assessing officer and the learned dy. cit both have used the words ' ..... 94.2. in this case, the assessing officer had levied a penalty of rs. 5,05,300 under section 271d of the act for violation of provisions contained in section 269ss of the act which prohibits taking or accepting from any other person any loan or deposit otherwise than by an account payee cheque or account payee .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR2004Raj206; RLW2004(3)Raj1400; 2004(2)WLC780
..... . kala devi v. radha kishan and anr. (13), wherein it was held by this court that notice under section 8 of the act should be given by the vendor and not by her husband. it is not in dispute that the limitation period is one year for ..... to learned counsel for the plaintiff, ex. a1 does not amount to notice to the plaintiff as provided under section 8 of the act and further there is no evidence to prove that the contents of ex. a1 came to the notice of the plaintiff. as far as ..... i.e. the defendant no. 2 did not give notice to the pre-emptor-the plaintiff as required under section 8 of the act. the important question for consideration in this appeal is whether the entire action of sale/purchase of the suit property took place in full ..... on account of having common portions in the said house and no notice as provided under section 8 of the rajasthan pre-emption act, 1966 (in short the act) was given to her by the defendant no. 2. the plaintiff, thereafter, prayed for a decree of pre-emption in .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2003(4)Raj2131; 2003(3)WLC179
..... has proceeded to cut across the objections, to give a quietus to the matter, by directing that the marriage should be dissolved under section 13(1)(ia) of the act, having regard to the peculiar facts and circumstances of that case.38. my predicament is that recently hon'ble the supreme court in delhi administration v. manohar lal (10 ..... the peculiar features of this case, we are of the opinion that the marriage between the parties should be dissolved under section 13(1)(i-a) of hindu marriage act and we do so accordingly. having regard to the peculiar facts and circumstances of this case and its progress over the last eight years- detailed hereinbefore- we are of ..... wants to leave the respondent, and marry with other (paramour). according to the learned counsel, even this tantamounts to cruelty within the meaning of section 13(1)(ia) of the act, and on the basis of the following judgments :-(1) smt. pushpa rani v. krishanlal (2) (2) nemai kumari v. mita ghosh (3) (3) swayam prabha v. a.s .....
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