Court : Rajasthan
Decided on : Feb-05-2001
Reported in : AIR2002Raj151
..... there was material available before the competent authority in order to reach the requisite satisfaction contemplated under section 115 of the act for issuing prohibitory order or notification. in our opinion, jurisdiction cannot be extended to find our adequacy or inadequacy of the material which warrants such exercise ..... social interest. the competent authority is the best judge of the situation and circumstances and is expected to exercise the power under section 115 of the act in the interest of public safety or convenience etc. the jurisdiction of the court, in such situation, can be extended only to find out whether ..... on the ground of public safety and convenience of the travelling passengers,(3). section 74 of the motor vehicles acl 1988 (hereinafter referred to as the act) empowers the authority to impose the conditions while granting the contract carriage permit including the followingr-(iii) the maximum number of passengers and the maximum weight .....
Tag this Judgment!Court : Rajasthan
Decided on : May-28-2001
Reported in : 2002(2)WLC267; 2003(2)WLN262
..... knowing it well that the agreement to vacate the premises cannot be foundation for seeking eviction from the premises when the tenant is protected by the rent control act in force in the rajasthan. according to the learned counsel for the appellant, ex.26 was got executed with the help of the police force by the ..... into consideration for the purpose that landlord possessed suitable reasonable accommodation and it was held affirmatively by holding that section 13(l)(ff) of the west bengal premises tenancy act does not restrict the word 'accommodation' so as to make it inapplicable to accommodation outside the slate. the calcutta high court held on facts that the landlord ..... of default as provided under sub-clause (a) of sub-section (1) of section 13 of the rajasthan premises (control of rent and eviction) act, 1950 (hereinafter referred to as 'the act' of 1950). 3. the plaintiff further alleged in the plaint that her husband was first appointed at ajmer in the year 1969 and the plaintiff is .....
Tag this Judgment!Court : Rajasthan
Decided on : Apr-19-2001
Reported in : 2002(5)WLC809; 2001(4)WLN271
..... shah theatres, as already stated, the state government had rejected the application of the trust seeking exemption from the regulatory provisions of the rent act on december 5, 1982 but the trust again approached and this time exemption was granted vide notification dated september 13, 1983. the petitioner pleaded ..... contended on behalf of the petitioners that impugned notifications are absolutely arbitrary, illegal and violative of principles of natural justice as protection of the rent act has been withdrawn without, providing opportunity of hearing to the petitioners. the respondent trusts have obtained exemptions not for any charitable, educational or religious ..... the respondent trust with a view to obtain unreasonable high rate of rent approached the government seeking exemption from the regulatory provisions of the rent act but the state government rejected the application and refused 'to grant exemption. respondent trust again approached the state government and this time exemption was .....
Tag this Judgment!Court : Rajasthan
Decided on : Oct-12-2001
Reported in : 2002(4)WLN393
..... instalments were not made by the respondent company, ihe petitioner company has filed the present company petition under section 433(e) and (f) read with section 434 of the companies act, 1956 with the following prayers:'(i) it may order for winding up of the respondent company since the respondent company is unable to pay their debts/liability to the petitioner ..... ,944/- up to 25th february, 2001, and rs. 8969/- thereafter up to 25th february, 2005;(e) that the 1st and 3rd defendants be ordered and decreed to do all necessary acts, deeds, and things including but not restricted to the execution of an agreement for sale and a power of attorney in favour of the plaintiff in order to bring to .....
Tag this Judgment!Court : Rajasthan
Decided on : Jul-19-2001
Reported in : 2001(3)WLC622; 2002(2)WLN549
..... an appeal against the judgment of the learned district judge, ajmer dismissing the wifes' petition for restitution of conjugal rights under section 9 of the hindu marriage act on the ground that the judgment adversely affects, the appellant husband in that the learned judge has found that the respondent is still the wife of husband. ..... 17.7.1991 and as such no second decree of dissolution of marriage can be granted and resultantly dismissed the petitioners' petition under section 13 of the act.7. we have heard the rival contentions of the learned counsel for the respective parties. the learned counsel for the respondent raised a preliminary legal objections regarding ..... ajmer. they had no issue out of the wedlock, husband ram chandra brought a petition against his wife under section 13 of the hindu marriage act, 1955 (hereinafter called the 'act') for dissolution of marriage on the ground of cruelty. however; the husband petitioner also alleged in the petition that on 17.7.1991, the .....
Tag this Judgment!Court : Rajasthan
Decided on : Jul-05-2001
Reported in : 2002(3)WLN326
Tatia, J.1. Heard learned counsel for the parties Perused the judgment and decree dated 7th Nov. 1992 passed by the trial court as well as the record.2. Learned counsel for the appellants challenged the finding recorded by the trial court and submitted that the suit was decree ex-parte even when the evidence which is on record is hot sufficient for passing decree of eviction against the appellants.3. Learned counsel for the appellant submitted that the present suit for eviction was filed on the ground of default in payment of ren by the defendant-tenant alongwith other grounds of sub- letting, denial of title and material alteration in the premises. According to learned counsel for the appellants the only witness appeared in support of the suit of the plaintiff is the plaintiff himself and so far as the evidence of the plaintiff with respect to the sub-letting and parting with the possession of the property is concerned, is vague and decree cannot be passed.4. 1 have perused the statem...
Tag this Judgment!Court : Rajasthan
Decided on : Dec-13-2001
Reported in : 2002(2)WLC383
..... in writ petitions and also against the judgments in first appeal by the single judge. the said ordinance stood repealed by the judicial administration laws (repeal) act, 2001 (act no. 22 of 2001) which received the assent of hon'ble the president of india on 29.8.2001 and has been published in the gazette of ..... rights guaranteed by the constitution, the same cannot even be inconsistent with substantive provisions of the statutory law..... creation of a right to an appeal is an act which requires legislative authority, neither an inferior court nor the superior court nor both combined, can create such a right, it being one of the limitation ..... of the statute, and conferring a particular jurisdiction upon the court falls exclusively within the domain of the legislature. therefore, in absence of any provision in the act/rules/ordinance/notification, providing for an appeal, the appeal cannot be held to be maintainable. if the legislature, in its wisdom, has withdrawn the provision providing .....
Tag this Judgment!Court : Rajasthan
Decided on : Feb-06-2001
Reported in : AIR2001Raj236; 2001(4)WLN99
..... the facts and circumstances of each case. a learned single judge of this court while considering the identical provisions of section 170(9) of the rajaslhan municipalities act, 1959 in durga shanker vs. state of rajasthan (5), has observed that if the work is not commenced within the stipulated period then the fresh permission would ..... permission in the event the life of permission is restricted to certain period. a letter of grant of permission under section 72 of the rajasthan urban improvement trust act is a statutory document. while granting the permission, the authority may provide a reasonable period for completion of the work. it is expected from the permission ..... a view to protect the water of the lakes from further pollution, in exercise of powers under section 299 read with section 171 of the rajaslhan municipalises act issued a notification dated 17.1.1997 declaring a prohibited area known as 'no construction zone' around the lakes. the construction in the area specified in the .....
Tag this Judgment!Court : Rajasthan
Decided on : Feb-28-2001
Reported in : 2001(2)WLN254
..... that in the aforesaid case the hon'ble supreme court has considered the rule making power of the authorities and has come to the conclusion that the cantonment act has not provided for making a rule for the transfers. therefore, ihe rule giving power of transferring the employees was struck down.(10). further strengtherning his stand ..... that the transfer ordered by the respondent state is not in accordance with the scheme of the act and, thus, ihe order is without jurisdiction.(7). the petitioner was functioning as a persona designate on the post of president, district consumer protection forum. no ..... of a common cadre for manning these forums. each forum was conceived as an independent entity, its composition was as provided for in section 10 of the act and it was never conceived that any appointment to complete the composition of the forum could be made by transfer. that being the position, the petitioner contends .....
Tag this Judgment!Court : Rajasthan
Decided on : Feb-16-2001
Reported in : AIR2001Raj328; 2001(3)WLC244; 2001(2)WLN241
..... admitted in the course.(4). the respondents have contested the case submitting that the national council of teachers education (hereinafter called nctf.) established under the national council of teachers education act, 1993, has issued certain guidelines fixing the ratio of 1 : 24, i.e. one teacher for 24 students, therefore, the admission has to be offered considering availability of teachers in .....
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