Court : Rajasthan Jaipur
Decided on : Oct-05-2010
..... was granted and renewed to authorized chemist on that basis inasmuch as his name was indicated in the license itself issued by drug controller. he was empowered to act as production manager, whose work was almost administrative and supervisory in nature. he never did any manual, skilled or clerical work. in fact, he was overall ..... management witnesses, s.k. nagesh was the only approved chemist. another assistant chemist working under him was not approved. shri s.k. nagesh was also empowered to act as production manager whose work was administrative and supervisory in nature. he never did any manual, skilled, unskilled, technical or clerical work. it was he who used ..... to the management; services of the workman could not be terminated without holding regular domestic enquiry and without making compliance of section 25-f of the id act. his termination was, therefore, void ab-initio. nomenclature of the post held by workman has been deliberately changed by twisting the facts and he has wrongly .....
Tag this Judgment!Court : Rajasthan Jaipur
Decided on : Aug-20-2010
..... 15.03.2008, the petitioner claims that it had been running its unit in accordance with the requirement of the air (prevention and control of pollution) act, 1981 ('the act', for short), and according to the conditions imposed by the board. however, the district collector, bharatpur had constituted a committee for inspecting the various ..... 6) mr. akhil simlote, the learned counsel for the board, has questioned the maintainability of the present petitions on the ground that section 31 of the act provides that any person aggrieved by an order made by the state board may..... prefer an appeal before the appellate authority constituted by the state government. thus ..... can be deprived only through a procedure established by law. in the present case, as discussed above, the board has flouted the procedure established under the act and the rules. therefore, clearly the board has violated articles 14 and 21 of the constitution of india. furthermore, as the board has placed unreasonable restriction .....
Tag this Judgment!Court : Rajasthan Jaipur
Decided on : Aug-25-2010
..... inflicted injuries on the person of deceased. although there were four injuries on the person of deceased, but merely because of four injuries, it cannot be said that accused acted in a cruel and unusual manner, as held by hon'ble apex court in surinder kumar's case(supra). therefore, exception 4 to section 300 ipc is fully attracted ..... picks up a weapon which is handy and causes injuries, one of which proves fatal, he would be entitled to the benefit of this exception provided he has not acted cruelly.30. looking to the evidence of the present case, we find that before the date of incident, there was no enmity in between the deceased, there was ..... murder if it is committed without premeditation in a sudden fight in the heat of passion upon a sudden quarrel and without the offender having taken undue advantage or acted in a cruel or unusual manner.explanation.-it is immaterial in such cases which party offers the provocation or commits the first assault.28. to invoke exception fourth of .....
Tag this Judgment!Court : Rajasthan
Decided on : May-27-2010
..... not regulatory in nature. for vesting of undertaking in hzl, the undertaking of the mci was taken over by the government of india by the act of 1965, act of 1966 and act of 1976 and then undertaking was transferred to hzl. in jialal kapur's case, the division bench of this court was influenced by the ..... the respondent is that the respondent-company is engaged in commercial activity. the commercial activity itself is not a decisive factor nor body's registration under the companies act itself is decisive. the decisive criteria as already referred and discussed above, clearly proves the respondent to be 'other authority' within the meaning of article 12 ..... its functions and activities. the respondent-company raised preliminary objection that the respondent-hindustan zinc limited (for short 'hzl') is merely a company registered under the companies act, 1956 and it is not state within the meaning of article 12 of the constitution of india and, therefore, no writ lies against it. in support of .....
Tag this Judgment!Court : Rajasthan
Decided on : Mar-25-2010
..... contract under circumstances which though not rendering the contract voidable, makes it inequitable to enforce specific performance.51. while considering the provisions of section 20 of the specific relief act, 1963, in the case of sardar singh v. krishna devi reported in : (1994) 4 scc 18, hon'ble supreme court laid down the principle as follows: ..... 14. the next question is whether the courts below were justified in decreeing the suit for specific performance. section 20(1) of the specific relief act, 1963 provides that the jurisdiction to decree specific performance is discretionary, and the court is not bound to grant such relief, merely because it is lawful to do ..... lajpat roy.54. in this view of the matter, while exercising jurisdiction left under clause (b) of sub-section (2) of section 20 of the specific relief act, 1963, i am of the opinion that the relief granted by the trial court for executing the sale-deed in favour of the plaintiff- respondent late jorawar singh .....
Tag this Judgment!Court : Rajasthan
Decided on : Mar-12-2010
..... dugdh utpadak sahakari sangh limited ('the sangh') with the submissions that the said sangh is a registered co-operative society under the rajasthan co-operative societies act, 2001 ('the act of 2001'); and as per the minutes dated 18.05.2007, 10 directors were elected with the petitioner being the chairman. it was submitted that in ..... 5. the learned single judge, however, found justified the submissions regarding holding of elections and observed that if the elections were not conducted despite request, such an act of the respondents could not be endorsed further. the learned single judge noted the submissions made on behalf of the respondents nos. 1 and 2 that they were ..... smoothly under the chairmanship of the appellant. the petitioner-appellant stated the grievance that all of a sudden and in complete disregard to the objects of the act of 2001, the registrar proceeded to pass an order dated 11.02.2009 in purported exercise of the powers under section 30(2a) ibid, superseded the elected .....
Tag this Judgment!Court : Rajasthan
Decided on : Apr-20-2010
..... referred to as the writ petitioners) who had been the holders of the licences issued by the excise department of the government of rajasthan under the rajasthan excise act, 1950 (the act) and the rajasthan excise rules, 1956 (the rules) for the year 2009-2010 for sale of indian made foreign liquor (imfl)/beer at the respective places ..... 14 of the constitution of india and hence, the learned single judge has rightly interfered in these matters. the learned counsel yet further contended that the appellants acted in a wholly arbitrary manner in issuing the questioned advertisement on 10.02.2010 without there being any specific decision taken in relation to the shops like the ..... caveat. according to the learned counsel, even the so called policy has not come into operation in accordance with law particularly for want of compliance of the act and rule ibid; and in the given fact situation, the learned single has rightly issued the interim directions so as to protect the rights and interest of the .....
Tag this Judgment!Court : Rajasthan
Decided on : Mar-23-2010
..... senior translator to which he was appointed, against that order, petitioner preferred writ petition before this court but same was transferred to the central administrative tribunal when central administrative tribunal act, 1985 was promulgated.4. the learned tribunal while deciding the said 1984 and ordered that the applicant will be deemed to be in service in terms of appointment letter dated ..... if the impugned order is construed as one of dismissal the appellant has been denied the protection guaranteed to temporary servants under section 240(3) of the government of india act, 1935, or article 311(2) of the constitution, and so, the order cannot be sustained.26. the said proposition of law has been reiterated by the hon'ble apex court .....
Tag this Judgment!Court : Rajasthan
Decided on : Apr-13-2010
..... 309 of the constitution of india is as follows:309. recruitment and conditions of service of persons serving the union or a state.-subject to the provisions of this constitution, acts of the appropriate legislature may regulate the recruitment, and conditions of service of persons appointed, to public services and posts in connection with the affairs of the union or of ..... , to make rules regulating the recruitment, and the conditions of service of persons appointed, to such services and posts until provision in that behalf is made by or under an act of the appropriate legislature under this article, and any rules so made shall have effect subject to the provisions of any such ..... act.31. in the case of state of west bengal and ors. v. kaberi khastagir and ors. (supra), hon'ble apex court has decided the controversy with regard to status of .....
Tag this Judgment!Court : Rajasthan
Decided on : Mar-03-2010
..... may be condoned; but, the learned tribunal while dismissing the miscellaneous application also dismissed the original application and strictly observed that limitation under section 21 of the central administrative tribunal act, 1985 is one year and order impugned in the original application was passed on 27.05.2005 and the original application has been filed after one year i.e., 26 ..... is true that order impugned was passed on 27.05.2005 and original application was filed on 26.04.2007 and as per section 21 of the central administrative tribunal act, 1985, if any grievance was left with the petitioner with regard to order dated 27.05.2005, then, original application is to be filed within one year but, admittedly, the .....
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