Court : Rajasthan
Decided on : Aug-28-2003
Reported in : AIR2003Raj340; RLW2004(1)Raj373; 2004(1)WLC201
..... dealt with, by an appropriateorder in judicial review proceedings wherethe court concludes that the decision is suchthat no authority properly directing itself onthe relevant law and acting reasonably couldhave reached it.'63. the grant of contract provides as a first step a provisional selection. respondent no. 5 was provisionally selected. thereafter, ..... spirit. it would not have been unreasonable if the tender was not accepted by the answering respondent. that would have meant that the state is not acting rationally or with reasonableness. as per the report of the state government, the procedural impropriety has not been in the process and, therefore, the ..... .35. the petitioner is narrating the events as they appeared in the newspaper report. it is inadmissible in accordance with the principles enunciated in the evidence act. the petitioner's contention is that he was prevented from bidding. this is not supported by any cogent evidence and, therefore, without foundation. under the .....
Tag this Judgment!Court : Rajasthan
Decided on : Apr-23-2003
Reported in : RLW2003(4)Raj2299; 2003(3)WLC556
..... after leaving injured jadvir singh in the house of kishan, the appellants fled away. jadvir singh was taken to the hospital where he was declared dead; seema submitted written report to the police at general hospital bharatpur and investigation was undertaken. on completion of investigation, charge sheet was placed against the appellant. the ..... contra, learned public prosecutor on behalf of the state supported the impugned judgment and contended that the appellants were rightly convicted by the learned trial judge. although seema, rohtash, sunahara devi and varun are closely related to the deceased, but in the facts and circumstances of the case their presence at the spot was most ..... kishan and shivdei, as unfolded during the course of incident goes to show that all the three had common intention which animated them to commit a criminal act in furtherance of such intention. from the evidence it is established that there was a premeditated conduct to kill jadveer singh. but so far as charges .....
Tag this Judgment!Court : Rajasthan
Decided on : Apr-04-2003
Reported in : RLW2003(4)Raj2323; 2003(3)WLC265
..... documents which are not admissible into evidence. these documents pertain to criminal litigation and the application under section 12 of the rajasthan premises (control of rent & eviction) act, 1950 for restoration of basic amenities of electricity and water and these documents do not throw any useful light on the controversy involved in the appeal which was pending ..... a copy of the order dated 6.8.1986, 19th document is a copy of the application under section 12 of the rajasthan premises (control of rent & eviction) act, 1950, 20th document is a copy of the application under section 151 cpc dated 28,7.1983, 21st document is a copy of the house tax diary 1974-75 ..... v. ayyasamy and anr.' (21), the hon'ble supreme court has held as under :-'needless to record that the courts shall have to be cautious and must always act with great circumspection in dealing with the claims for letting in additional evidence particularly, in the form of oral evidence at the appellate stage and that too, after a .....
Tag this Judgment!Court : Rajasthan
Decided on : Apr-04-2003
Reported in : AIR2004Raj63; RLW2003(4)Raj2652; 2003(3)WLC575
..... is that the appellate court will not interfere in the judgment of the court below unless there are compelling reasons. there is a presumption under section 90 of the evidence act about the genuineness of a document produced from proper custody. according to him, where the parties were alive to real contro-, versy and had led evidence in support of ..... court. rule 23 deals with a case of remand where the suit has been disposed of on a preliminary point and ruie 23-a which was inserted by cpc amendment act of 1976 deals with the powers of the appellate court with regard to remand in cases disposed of otherwise on a preliminary point and provides that the appellate court shall ..... have considered these rules and have held as under :'prior to the insertion of rule 23-a in order 41 of the code of civil procedure by the cpc amendment act, 1976, there were only two provisions contemplating remand by a court of appeal in order 41 cpc. rule 23 applies when the trial court disposes of the entire suit .....
Tag this Judgment!Court : Rajasthan
Decided on : May-05-2003
Reported in : RLW2003(3)Raj1912; 2003(3)WLC648
Garg, J. 1. This writ petition under Article 226 of the Constitution of India has been filed by the petitioner on 24.5.2002 against the respondents with the prayer that by an appropriate writ, order or direction, the impugned order dated 3.5.2002 (Annex. 9) passed by the respondent No. 2 Principal, Sainik School, Chittorgarh by which the services of the petitioner were terminated with effect from 30th June, 2002 holding that his services were now no more required by the respondent No. 1 Sainik School, Chittorgarh, be quashed and set aside and further, the respondents be directed to take the petitioner back in service, as if the impugned order of termination Annex. 9 was not passed, with all consequential benefits.2. The case of the petitioner as put forward by him in this writ petition is as follows :-An advertisement dated 30.9.2000 (Annex. 1) was issued by the respondent No. 1 Sainik School, Chittorgarh inviting applications for recruitment to the post of Librarian and since the peti...
Tag this Judgment!Court : Rajasthan
Decided on : Jan-16-2003
Reported in : RLW2003(3)Raj1698; 2003(2)WLC792
..... also submitted that even if the evidence, which were considered by the enquiry officer if read only then also it is proved that the petitioner himself successfully resisted the illegal act of the complainant, who wanted to drag the petitioner in concocted case. looking, to the charge, it is true that if the charge stands proved then no lenient view can .....
Tag this Judgment!Court : Rajasthan
Decided on : Mar-31-2003
Reported in : II(2003)ACC327; 2004ACJ1028; 2003WLC(Raj)UC671
harbans lal, j.1. these two civil misc. appeals under section 173 of the motor vehicles act, 1988 (hereinafter referred to in short 'the act') are directed against the common award dated 11.10.1995 passed by learned judge, motor accidents claims tribunal, jaipur city, jaipur (hereinafter referred to in short 'the tribunal'). therefore, these .....
Tag this Judgment!Court : Rajasthan
Decided on : May-12-2003
Reported in : RLW2004(2)Raj985; 2003(4)WLC206
..... 394 of the companies act, 1956 and according to the said scheme, hotel laxmi vilas palace (respondent no. 4) is to be transferred to respondent no. 3 udaipur hotels private ..... laxmi vilas palace, udaipur, a new shell company was incorporated by the name udaipur hotels private limited (respondent no. 3) under the provisions of the companies act, 1956.the further case of the petitioners is that a scheme has been prepared and filed with the department of company affairs under section 391 read with section ..... india in the ministry of tourism as an autonomous public sector corporation with the objects set out in its memorandum of association. it was incorporated under the companies act, 1956. the government of india owns about 90% of the equity share capital of the corporation and its entire administrative and financial control vests in the government .....
Tag this Judgment!Court : Rajasthan
Decided on : Oct-31-2003
Reported in : [2004(101)FLR1187]; RLW2004(2)Raj1087; 2004(1)WLC648
..... . the instant writ petition is also not maintainable on the ground of availability of alternative remedy under sections 74 and 92 of the multi-state cooperative societies act, 1984. in u.p. state cooperative land development bank ltd. v. chandra bhan dubey and ors. (3), the apex court held that when any ..... include institutions such as the council of scientific and industrial research which are sponsored and controlled by the central government and registered under the societies registration act and the employees of such institutions have no standing to impeach circulars of the institution relating to service matters on ground of infraction of their rights ..... other autonomous or voluntarily organization or non-governmental organization receives; and alternative remedy under section 74 and section 92 of the multi-state co-operative societies act, 1984 is available to the petitioner; and the petitioner has misrepresented the facts as he was working with the society on contract basis for a .....
Tag this Judgment!Court : Rajasthan
Decided on : Sep-08-2003
Reported in : RLW2004(4)Raj2123; 2004(1)WLC195
A.C. Goyal, J.1. Since common points are involved, both the appeals were heard together. Brief facts giving rise to both the appeals are that the respondent-plaintiff Poonam Chand instituted a civil suit No. 12/1992 on 14.10.1991 for eviction of suit shop measuring 8'x7' against M/s. Kishan Lal Bhojraj Dugar and its partners. Second suit No. 576/1991 was instituted on 13.11.1991 for another adjoining shop of the same measurements against the sister concern namely M/s. Shree Agencies and its partners with the averments that both the shops were let-out on 20.3.1979 at monthly rent of Rs. 100/- and both the shops are required reasonably and bonafide for plaintiff's son Alok Jain to carry on computer business. It was also pleaded that since plaintiff himself is out of job, he would also help his son. Written statements were submitted. While admitting tenancy the grounds of eviction were denied in toto and it was pleaded that the plaintiff wants to enhance the rent.2. On the basis of the pl...
Tag this Judgment!