Court : Rajasthan
Decided on : Sep-18-2003
Reported in : [2004(101)FLR124]; RLW2004(1)Raj466; 2004(1)WLC682
..... material collected during investigation inquiry.9. since in the facts and circumstances of the case, the petitioner is facing trial for the offences under the provisions of prevention of corruption act and sanction to prosecute him has been accorded by the state government, it is not a fit case where suspension order warrants interference.10. accordingly, the writ petition stands dismissed ..... the competent authority who can always review its order of suspension as it is an inherent power conferred upon him by the provisions of article 21 of the general clauses act, 1897 and while exercising such a power, the authority can consider the case of an employee for revoking the suspension order, if satisfied that the criminal case would be concluded .....
Tag this Judgment!Court : Rajasthan
Decided on : Jul-16-2003
Reported in : RLW2003(4)Raj2706; 2004(1)WLC30
..... the society and ought to rise up to the society and ought to rise up to the occasion to do the needful in the matter and as such ought to act in a manner so as to subserve the basic requirement of the society.'12. on 17-6-1987 a meeting was convened at the district office, udaipur, consisting of the .....
Tag this Judgment!Court : Rajasthan
Decided on : Nov-05-2003
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
Decided on : Feb-10-2003
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 .....
Tag this Judgment!Court : Rajasthan
Decided on : Aug-26-2003
Reported in : RLW2004(1)Raj49; 2003(4)WLC563
..... purpose of either party.20. the other grounds of eviction are sub-letting, creation of nuisance and inconsistent use of the premises. section 13 (1) (e) of the act provides that where the tenant has assigned, sub-let or otherwise parted with the possession of, the whole or any part of the premises without the permission of the landlord ..... during the pendency of this appeal. therefore, the defendant was and is entitled to benefit to first default as provided under sub-section (6) of section 13 of the act. however, the trial court did not record any such finding. further, it is made clear that excess rent amount deposited in compliance of the order of the trial ..... new finding of default in payment of rent from october 1983 was impermissible. section 13 (1) (a) of the rajasthan premises (control of rent and eviction) act, 1950 (in short the act,) provided that one of the grounds of eviction would be where the tenant has neither paid nor tendered the amount of rent due from him for six months .....
Tag this Judgment!Court : Rajasthan
Decided on : Jan-28-2003
Reported in : RLW2003(4)Raj2146; 2003(3)WLC352
..... presented to the high court, the right which was saved to the appellant by virtue of section 6 of the general clauses act, came into operation. the term 'admitted' as used in section 5 of the amendments of 2002, is a fresh event. word 'admission' is not used very frequently ..... learned counsel for the petitioner in these two appeals has urged that the basic question which requires consideration of this court is the import of section 6 of genera! clauses act, 1897 (hereinafter referred to as 'general clauses 1897).4. according to the learned counsel for the appellant, as and when the lis starts, the right of appeal, ..... been no attempt by the legislature to take away any vested right. section 16 of the code of civil procedure (amendment) act, 2002 (hereinafter referred to as 'amendment of 2002') saves section 6 of general clauses act in its generality.5. in the aforesaid background, learned counsel for the appellant submits that as and when an appeal was .....
Tag this Judgment!Court : Rajasthan
Decided on : Feb-14-2003
Reported in : AIR2003Raj266; RLW2004(2)Raj749; 2003(3)WLC704
..... exercisable only in relation to unauthorised occupancy of public premises. there cannot be any misapprehension for error of judgment going unremedied because the provisions of the act confer the right of appeal from every order of the estate officer. section 3, therefore, cannot be said to be an arbitrary provision conflicting with ..... 'competent authority' means any person, officer or other authority authorised by the govt. by notification, to perform the functions of the competent authority under this act for such area or in relation to such class of private educational institutions, as may be specified in the notification.'the only safeguard given to the applicant ..... officer of the state or an officer of equivalent rank of the municipal board or council or improvement trust to implement the provisions of the act and suitability of such appointees depends upon the subjective satisfaction of the government. conferment of powers of the quasi judicial authority of determining certain matters .....
Tag this Judgment!Court : Rajasthan
Decided on : Apr-07-2003
Reported in : 2003CriLJ3632; RLW2003(4)Raj2290; 2003(3)WLC465
..... the court cannot start with the presumption that the police records are untrustworthy. as a proposition of law the presumption should be the other way around. the offical acts of the police have been regularly performed is a wise principle of presumption and recognised even by the legislature. hence when a police officer gives evidence in court ..... course the case came up for trial before the court of learned sessions judge jhunjhunu. charges under sec. 302 ipc and section 3/25(b)(a) of arms act were framed against the appellant. the appellant denied the charges and claimed trial. the prosecution examined as many as 19 witnesses and exhibited 29 documents in support of ..... 302 ipc to suffer imprisonment for life and fine of rs. 5,000/-, in default to further suffer one year simple imprisonment.under section 3/25(b)(a) arms act, 1959 :to suffer three years rigorous imprisonment and fine of rs. 1000/-, in default to further suffer six, months simple imprisonment. both the sentence were directed to .....
Tag this Judgment!Court : Rajasthan
Decided on : Apr-09-2003
Reported in : RLW2003(4)Raj2183; 2003(3)WLC208
..... through not appointed in the government department, but still is a government servant and has effective alternate remedy, which is available to the petitioner under the act of 1976 before the rajasthan civil services appellate tribunal.8. learned counsel for the respondent in these circumstances submitted that if this court comes to the ..... the entire aspect of the matter has been considered, though with respect to a different service, but almost all analogous provisions are available in the rajasthan municipalities act as well as in the rules framed thereunder. it is also submitted by learned counsel for the respondent that in view of the judgments reported in ( ..... may take disciplinary action against the employees like petitioner. learned counsel for the petitioner also submitted that there are provisions for having the municipal service in the act and rajasthan municipal service rules, 1963, which have been framed by exercising powers under sub-section 1 and clause (t) of sub-section (2) of .....
Tag this Judgment!Court : Rajasthan
Decided on : Apr-22-2003
Reported in : I(2004)ACC86; AIR2003Raj251; RLW2003(4)Raj2248; 2003(3)WLC428
..... and because of accident, it remained out of use;(iii) that the motor vehicle was attached for the recovery of tax under the rajasthan land revenue act, 1956 (act no. 15 of 1956) by the competent authority or attached under the warrant of attachment issued by the competent authority or court and during the ..... are against the judgment of the learned single judge dismissing the writ petition on the ground of availability of alternate remedy under the rajasthan motor vehicles taxation act, 1951. on the same controversy the revisional authority additional commissioner transport has taken the view in favour of the department and the same has been challenged ..... of this matter, learned counsel for the respondents submitted that on the basis of the direction given by the high court the competent authority under the act has passed appropriate orders. those orders are challenged by the respondents.as against this, learned counsel appearing for the appellants submitted that the observations made by .....
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