Court : Rajasthan
Decided on : Jul-20-2004
Reported in : RLW2004(4)Raj2748
..... rent tribunal to entertain a petition involving such dispute between landlord and tenant to which provisions of the rajasthan public premises (eviction of unauthorised occupants) act, 1964 (act no. 2 of 1965) and the rajasthan premises (requisition and eviction) ordinance, 1949 apply.(2) where the petition only for recovery of ..... the parties, therefore, the present petition filed against the interim order is not maintainable.18. petitioner has got other alternative efficacious remedy under the act and without availing alternative efficacious remedy the petitioner cannot file the present petition.19. learned counsel for the respondents also referred the provisions of section ..... section 3 (x)are not applicable to the petitioner federation and the petitioner federation is only a cooperative society registered under the rajasthan cooperative society act and the entire administration is vested in the board of directors.6. the rent tribunal, jaipur framed the issue, which reads as under:........7 .....
Tag this Judgment!Court : Rajasthan
Decided on : Nov-10-2004
Reported in : RLW2005(2)Raj1353; 2005(2)WLC164
..... 304 ipc. in our considered opinion of the facts and circumstances of this case the act of the appellant is one of causing grievous hurt with a deadly weapon which is punishable under section 326 ipc'.18. so far as the case of state of andhra ..... court that the injury in question was caused during a melee in which 6 persons took part therefore in our opinion on the facts and circumstances of this case, the act of the appellant in causing injury to the deceased which led to his death, cannot be the one which could be construed even as an ..... act of culpable homicide not amounting to murder. therefore, to that extent in our opinion the high court feel in error in holding the appellant guilty for an offence under section .....
Tag this Judgment!Court : Rajasthan
Decided on : Oct-27-2004
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
Decided on : Mar-11-2004
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
Decided on : Oct-04-2004
Reported in : RLW2005(1)Raj630
..... insurer. by this contract insurance company undertakes to reimburse the damages and liability of the insured. the statutory provision, i.e., section 168(1) of the motor vehicle act, 1988, provides that the claimant, a third party and stranger to the insurance contract may, though has no privities of contract, either with the insurer or with ..... the sub-para (x) of para 102 of the judgment delivered in the swaran singh's case (supra):-'(x) where on adjudication of the claim under the act the tribunal arrives at a conclusion that the insurer has satisfactorily proved its defence in accordance with the provisions of section 149 (2) read with sub-section (7 ..... insurance company, therefore, the insurance company is liable to pay the entire compensation amount and liability is not limited as provided under section 95 of the motor vehicle act, 1939. learned counsel for the appellant further submits that even if it is held that the liability of the insurance company is limited even then, in view .....
Tag this Judgment!Court : Rajasthan
Decided on : Dec-14-2004
Reported in : RLW2006(1)Raj507
..... not 40 years of age, his monthly income was rs.3000/-. thus, applying the formula as detailed in schedule second to the act of 1988, a multiplier of 16 is to be applied to the amount of annual income of the deceased and from that amount ..... thus, a total compensation of rs.2,08,000/- was awarded.5. having considered the application under section 5 of the limitation act and the contentions raised before us, we are of the opinion that the appeal which was barred by 27 days only ought to ..... directed against the order of the learned single judge dated 6.1.2003 by which the application under section 5 of the limitation act and the appeal against the award of the motor accident claims tribunal, rajsamand dated 4.12.1999 was dismissed as barred by ..... ratio laid down by the hon'ble supreme court in susamma thomas's case, the second schedule to the motor vehicles act, 1988 provides a rough a ready guideline for applying an appropriate multiplier even in the cases where the accidents had occurred before insertion .....
Tag this Judgment!Court : Rajasthan
Decided on : Apr-02-2004
Reported in : (2004)86TTJ(NULL)1125
..... the assessee reiterated the submissions made before the authorities below and vehemently argued that the assessing officer had not invoked the provisions of section 145 of the income tax act and the results declared by the assessee as well as method of accounting regularly employed had not been rejected. therefore, there was no justification in making the ..... hindustan textile agency at 2.75 per cent of the sales. however, the assessing officer had not considered this fact that m/s. hindustan textile agency. was earlier acting as sole selling agent for the assessee only but, in the succeeding year agency of another competitive concern, i.e., m/s. rajkamal textiles had been taken by ..... two figures, i.e., rs. 1,65,515 was treated as excess payment of commission and disallowance was made under section 40(a)(2) of the income tax act.3. before the learned commissioner (appeals) it was stated that the commission paid to the sister concern was not abnormal and was quite in consonance with the rate .....
Tag this Judgment!Court : Rajasthan
Decided on : Sep-06-2004
Reported in : RLW2005(2)Raj890; 2004(4)WLC659
..... the defendant-appellant was not able to point out any circumstance which may attract any of the three clauses mentioned in sub-section (2) of section 20 of the act. therefore, the trial court did not commit any wrong in giving the relief of specific performance to the plaintiffs.14. for the reasons stated hereinabove, this appeal is ..... share in it is not required to be considered and thus the defendant-vendor cannot plead defect in his title as defence.13. no doubt, section 20 of the act provides that jurisdiction to decree of specific performance is discretionary and the court is not bound to grant such relief merely because it is lawful to do so. the ..... page 610. per contra, mr. karnani contended that there is no delay in filing the present suit and the provisions of section 20 of the specific relief act, 1963 (in short the act) are not applicable and the vendor cannot plead the defect in title as defence in a suit for specific performance. he placed reliance upon deenanath v. chunnilal, .....
Tag this Judgment!Court : Rajasthan
Decided on : Apr-09-2004
Reported in : 2005CriLJ33; RLW2004(3)Raj1756
..... convicted and sentenced.4. per contra, learned public prosecutor supported the impugned judgment and urged that the appellant was given option under section 50 of the ndps act but he himself asked the sho to effect the search.5. i have reflected over the rival submissions and scanned the material on record.6. before ..... the appellant as indicated herein above.3. it is contended by learned counsel for the appellant that on being given written notice under section 50 of the ndps act requiring the appellant to exercise option to be searched either before the magistrate or the gazetted officer, the appellant only wrote on the notice 'main sehmat hoon ..... judge ndps cases chittorgarh vide judgment dated february 15, 2002 convicted and sentenced the appellant under section 8/18 of the narcotic drugs and psychotropic substances act, 1985 (for short 'ndps act') to undergo rigorous imprisonment for ten years and fine of rs. one lac, in default to further suffer rigorous imprisonment for two years.2. .....
Tag this Judgment!Court : Rajasthan
Decided on : Sep-10-2004
Reported in : (2004)191CTR(Raj)303; [2005]277ITR166(Raj)
..... in gross total income, the expression 'gross total income included in total income' denotes income of that nature computed in accordance with the provisions of the it act, 1961, before computing deduction under part c of chapter vi-a. therefore, all deductions or adjustments which are otherwise liable to be made for computing ..... this chapter-- (1) * * * *(2) * * * *(3) * * * *(4) * * * *(5) 'gross total income' means the total income computed in accordance with the provisions of this act, before making any deduction in this chapter.'section 80ab. deductions to be made with reference to the income included in the gross total income.--where any deduction is required to ..... of constitution, a parliamentary statute having extra-territorial operation cannot be ruled out from contemplation. the operation of law can extend to persons, things and acts outside the territory of india. the general principle suffering from the sovereignty of states is that law made by one state can have no operation in .....
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