Court : Rajasthan
Decided on : Nov-28-2000
Reported in : 2001(1)WLC433; 2001(1)WLN226
..... be appropriate to confer power on the state government to nullify virtually the effect of an award by exercising its power under section 6(4) of the act. the act applies not merely to disputes arising between private management and labour unions and the workmen employed by them but also to industries owned by the state government and ..... the governor,sd/-(shikhar agarwal)dy. secretary governmentannexure/6,26th march, 1999s.0.484: in exercise of the powers conferred by section 22-a of the registration act, 1908 (central act no. xvi of 1908), as applicable in the state of rajasthan, the state govt. hereby declares that the state govt. hereby declares that the registration of ..... 6 and 7 which are reproduced hereunder:annexure/3,1 april, 1999s.0.7. in exercise of the power conferred by section 22-a of the indian registration act, 1908 (central act no. xvi of 1908) p.s. applicable in the state of rajasthan, the state govt. hereby declares that the registration of the following classes of documents .....
Tag this Judgment!Court : Rajasthan
Decided on : Apr-11-2000
Reported in : 2001ACJ1834; AIR2000Raj327; 2000(4)WLC311
..... observed that the interest cannot be claimed under section 34, ipc as its provisions have not been specifically made applicable to the proceedings under the consumer protection act 1986. however, the apex court held that the general provision of section 34 being based upon justice, equity and good conscience would authorise the redressal forums ..... the evidence on record, concluded that the defendant failed to establish three conditions and circumstances expressly stated in second part of section 45 of the insurance act which are necessary to justify the repudiation of the claim of the plaintiffs.21. thus, without expressing any opinion on the merits of the conclusions of ..... settlement within time and there was no justifiable reasons to withhold or repudiate the same hence as per section 34, cpc so also under the. interest act, 1978 they are entitled to claim interest.10. shri maloo, learned counsel for the appellant added that the trial court failed to appreciate that the policies .....
Tag this Judgment!Court : Rajasthan
Decided on : Mar-30-2000
Reported in : AIR2000Raj345
..... in this view of the matter, we do not find anything which goes contrary to the constitur tional mandate in making the provision like section 14(4) of the act. 5. realising this legal position, the learned counsel appearing for the petitioners gave a fair proposal that in such event without going into the merits of the case, justice ..... mortgagee. such sale by the bank as a matter of law is transfer of bank's own property which has been acquired by it under sections 14 of the act. however, keeping in view the basic scheme and the constitutional mandate which protracts the interests of weaker sections of the society particularly members of sc/st an.d the ..... to the land of thejudg-ment-debtor which are attached under the general law. therefore, if the interest of the judgment-debtor is transferred under section 13 of the act by the agency of the bank upon obtainingan order from thetehsildar, which is executed like a decree of civil court, what is really transferred through auction is the interest .....
Tag this Judgment!Court : Rajasthan
Decided on : May-22-2000
Reported in : AIR2001Raj9; 2001(4)WLC647; 2000(3)WLN322
..... money or other property yielding income, the interest or income thereof accruing after the transfer takes effect.' 16. section 10 of the transfer of property act reads : '10. condition restraining alienation.--where property is transferred subject to a condition or limitation absolutely restraining the transferee or any person claiming under him ..... were restrained from asking for deposit of any amount of conversion charges under section 173-a of the rajasthan municipalities act. 6. the learned counsel for the appellants has submitted that the view taken by the learned single judge is not correct and that the provisions ..... the petitioner by the municipal corporation or the state government on any condition and, therefore, the provisions of section 173-a of the rajasthan municipality act, 1959 did not apply and no conversion charges would be demanded by the municipal corporation, jodhpur. consequently, the writ petition was allowed andthe respondents .....
Tag this Judgment!Court : Rajasthan
Decided on : May-22-2000
Reported in : AIR2000Raj348; 2000(3)WLC299; 2000(2)WLN243
..... the property is money or other property yielding income, the interest or income thereof accruing after the transfer takes effect.' 17. section 10 of the transferofproperly act reads : '10. condition restraining alienation.--where property is transferred subject to a condition or limitation absolutely restraining the transferee or any person claiming under him ..... to the petitioner by the municipality or the state government on any condition and, therefore, the provisions of section 173-a of the rajasthan municipalities act, 1959 did not apply and no conversion charges would be demanded by the municipal corporation, jodhpur. consequently, the writ petition was allowed and the ..... petitioner as conversion charges was rs. 1031139.00. feeling aggrieved by the aforesaid notice demanding conversion charges under section 173-a of the rajasthan municipalities act, the petitioner filed the writ petition before this court. a reply was filed on behalf of the respondents. it may be pointed out that .....
Tag this Judgment!Court : Rajasthan
Decided on : Dec-14-2000
Reported in : [2002]111CompCas471(Raj); 2001(1)WLC469; 2003(1)WLN594
..... delegated. this principle, in our view, has no application to the case on hand. the said principle essentially applies to the powers delegated by the legislature under the enabling act and not the contractual matter or powers. in the instant case, the managing director has only delegated and authorised the person concerned to take necessary steps in the matter of ..... of a witness to state the truth.'(27). the present sec. 7 of the oaths act, 1969 is corresponding to sec. 13 of 1873 act, which was repealed. sec. 13 of the old act cures form of oath.(28). the calcutta high court in the case of bal chand and another vs. tarak nath sadhu (supra), held that the omission to take any ..... to sec. 643 of the companies act, rule 2(13), form no. 3, rule 18, rule 21, rule 30, rule 54, form no. 35 and rule 26 of the company (court) rules. he has also placed reliance on the judgment reported in murarka radhey shyam ram kumar vs. roop singh rathore and others (4), bal chand and another vs. tarak nath .....
Tag this Judgment!Court : Rajasthan
Decided on : Apr-24-2000
Reported in : AIR2000Raj396; 2000(3)WLC278
..... jda had framed the jaipur development authority building regulations, 1996 prescribing procedure for construction of the building in the region and u/section 68 of the jda act. fee to be charged had also been provided for approving the map for the purpose of permission of construction of the building. the maximum permissible commercial ..... where there has been a violation of the principle of natural justice or where the order or proceedings are wholly without jurisdiction or the vires of an act is challenged'. 'therefore, the jurisdiction of the high court in entertaining a writ petition under article 226 of the constitution, in spite of the alternative ..... entry 66, the state legislature has legislative competence to make provisions for fees to be imposed by the development authority constituted under section 31 of the said act. the high court has, however, held that simply because there is legislative competence for the state government to charge fees for the urban development authority, .....
Tag this Judgment!Court : Rajasthan
Decided on : Apr-05-2000
Reported in : 2001CriLJ800; 2001(2)WLC632; 2000(3)WLN39
..... meaning, however, in popular sense, it simply means honestly, without fraud, collusion or deceit, really, actually, without pretence and without intent to assist or act in furtherance of a fraudulent or otherwise unlawful scheme. the quality and quantity of honesty requisite for constituting good faith is conditioned by the context and object of ..... police under chapter xiv of cr.p.c. were not available in respect of offences triable under the west bengal criminal law amendment (special courts) act, 1949 and hence the investigation was without jurisdiction. the hon'ble supreme court reversed the said judgment observing as under:'the powers of investigation into ..... been contended that clauses 5 and 6 are relevant for our purpose, which speak about absurdity, express legal bar in the code or the concerned act either against the institution or continuation of proceedings or providing efficacious redressal. it has been submitted that though after the incident, there had been agitations and .....
Tag this Judgment!Court : Rajasthan
Decided on : Sep-25-2000
Reported in : 2007(3)WLN560
..... the suit for the defendant's eviction as soon as they came to know of it, and at any rate they would not have acted in the manner in which the plaintiffs in the present case did act.18. then in a.s. sukochana v. c. dharmalingam reported in : [1987]1scr379 the hon'ble supreme court held as under:the mere fact .....
Tag this Judgment!Court : Rajasthan
Decided on : Jul-11-2000
Reported in : 2007(3)WLN363
..... anr. v. thakur radhavallabhji and ors. : [1967]2scr618 and held that deity is a perpetual minor and as per the provisions of section 46 of the rajasthan tenancy act, 1955, its interest is to be protected by the state. revenue authorities and the courts. the question of alienation of its property is not permissible save as provided ..... in dispute belonged to the deity sri raghunathji and as he had never paid the rent and had never been recorded as tenant prior to the commencement of the act, it was not permissible for any settlement authority to record hanuta ram as khatedar-tenant. the learned board of revenue considered the rival contentions and recorded the ..... instant writ petition has been filed against the judgment and order dated 17.9.1999 (annx.4), by which the reference under section 82 of the rajasthan land reforms act, 1956 has been accepted against settlement entries made in samvat year 2020 (corresponding to 1963).2. the facts and circumstances giving rise to this case are that the .....
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