Court : Rajasthan
Decided on : May-22-2000
Reported in : AIR2000Raj348; 2000(3)WLC299; 2000(2)WLN243
..... the property is money or other property yielding income, the interest or income thereof accruing after the transfer takes effect.' 17. section 10 of the transferofproperly act reads : '10. condition restraining alienation.--where property is transferred subject to a condition or limitation absolutely restraining the transferee or any person claiming under him ..... to the petitioner by the municipality or the state government on any condition and, therefore, the provisions of section 173-a of the rajasthan municipalities act, 1959 did not apply and no conversion charges would be demanded by the municipal corporation, jodhpur. consequently, the writ petition was allowed and the ..... petitioner as conversion charges was rs. 1031139.00. feeling aggrieved by the aforesaid notice demanding conversion charges under section 173-a of the rajasthan municipalities act, the petitioner filed the writ petition before this court. a reply was filed on behalf of the respondents. it may be pointed out that .....
Tag this Judgment!Court : Rajasthan
Decided on : May-24-2000
Reported in : AIR2001Raj62; 2000(4)WLC35; 2001(3)WLN63
..... (v) that the other than disputed properties mentioned in category 'c' at column 7 of the inventory has not been acquired by the state government under the act of 1963. the only petitioner's property's possession has been taken which is altogether discriminatory and thus is violative of article 14 of the constitution of india. ..... rights of disposal. thus, since property in dispute was part of inventory specified as absolute property thus is exempted from acquisition. (ii) that sec. 10 of the act of 1963 had specifically mentioned that property shall continue to belong to or be held by, such land owner or other person, and if any such dispute arises ..... collector was justified in directing the tehsildar to take possession of the land in dispute which has vested in the stale government in accordance with the provisions of the act. (4). a special appeal under ordinance 18 of the rajasthan high court ordinance, 1949 was preferred against the aforesaid judgment of the learned single judge dated 13 .....
Tag this Judgment!Court : Rajasthan
Decided on : May-26-2000
Reported in : 2000(3)WLC366; 2007(3)WLN465
..... petitioner's defence against his eviction. there was provisional determination of the rent by the trial court as per the requirements of the rajasthan premises (control of rent & eviction) act, 1950. the rent was determined as rs. 225/- per month. the defendant had stated that though he had deposited the rent through tender no. 964 with the trial ..... the appellate court confirmed the findings of the trial court. during the course of hearing, the learned counsel for the petitioner states that as per the requirements of the act he has duly complied with the order of the trial court, making provisional determination of the rent except for the aforesaid period from april, 1995 to may, 1995.2 ..... . the pre-requisites which are essential in law as per the requirements of sub-section(4) of section 13 of the act, 1950 are:the tenant shall deposit in court or pay to the landlord the amount determined by the court under sub-section (3) within fifteen days from the date .....
Tag this Judgment!Court : Rajasthan
Decided on : May-26-2000
Reported in : 2001(4)WLC731; 2000(2)WLN1
..... the allegations in the inquiry against the petitioner that he was not entitled to file the nomination paper being disqualified under the provisions of section 26 of the act and by suppressising this material fact he filled up the nomination, therefore, he cannot claim any right arising out of his wrong doing. (juri ex. injuria ..... an applicant gels an order/office by making misrepresentation or playing fraud upon the competent authority, such order cannot be sustained in the eyes of law. 'fraud avoids all judicial acts ecclesiastical or temporal.' (vide s.p. chengalvaraya naidu (dead) by lrs. vs. jagannath (dead) by lrs. & ors. (8). in lazarus estate ltd. vs. besalay ..... of the corporation and a judicial inquiry under section 63(4) has been initiated as to whether he had incurred the disqualification under section 26 of the act.(4). the main contention raised by mr. vineet kothari, learned counsel for the petitioner, has been that once the petitioner stood elected and the statute provides .....
Tag this Judgment!Court : Rajasthan
Decided on : May-29-2000
Reported in : 2001(4)WLC41; 2000(3)WLN650
..... by 15th amendment of constitution by which clause i-a was inserted in article 226, which was later on renumbered as clause (2) by the constitution 42 amendment act. since the 15th amendment of the constitution, the two clauses of article 226 which govern the territorial jurisdiction of a high court read as under:-'226. (1) ..... an appropriate writ, direction or order under article 226 of the constitution for quashing the notification issued by the state government under section 52(1) of the act. if the respondents felt aggrieved by the acquisition of their lands situate at jaipur and wanted to challenge the validity of the notification issued by the state ..... that oil & natural gas commissioner, a govt. of india undertaking, was having a gas based plant at hazira in state of gujarat. the engineers india limited acting as consultant for oil & natural gas commission issued an advertisement dated 27.6.1991 in the leading newspapers of the country including those in circulation in west bengal .....
Tag this Judgment!Court : Rajasthan
Decided on : May-29-2000
Reported in : AIR2001Raj14; 2000(4)WLC202
..... , including the railway stations and yatri niwas, are essential components of the govt. machinery which carries on the commercial activity. if any of such employees commits an act of tort, the union govt., of which they are the employees, can, subject to other legal requirements being satisfied, be held vicariously liable in damages to the ..... namely yatri niwas, on a woman from bangla desh, the central govt. would be vicariously liable to pay the compensation to the victim. it was not act committed by railway employees in discharge of functions delegated to them as referable to sovereign powers of govt. running of railways is a commercial activity. establishing yatri ..... 19. it has nowhere been stated that the proceedings have ever been instituted or continued by the defendant. it has neither been proved that the defendant ever acted without reasonable and probable cause, nor it has been proved that he was actuated by malice in having filed the fir resulting in launching of prosecution.20. .....
Tag this Judgment!Court : Rajasthan
Decided on : May-30-2000
Reported in : AIR2000Raj390; 2000(3)WLC543
..... passed by the family court, udaipur, only with a view to harass the petitioner, the respondent husband filed an application under section 13(i)(a)(ii) of the hindu marriage act before the family court. udaipur stating that his wife failed to comply with the decree passed by the family court regarding restitution of conjugal right, therefore, decree of divorce be ..... his wife present petitioner, which was dismissed on 30-3-1995 by then judge of family court. thereafter, the petitioner wife filed application under sec. 9 of the hindu marriage act for restitution of conjugal right against her husband before the family court, udaipur which was allowed on 26-10-1996 by the then judge of family court (annex.2). instead .....
Tag this Judgment!Court : Rajasthan
Decided on : Jun-01-2000
Reported in : AIR2001Raj356; [2002]108CompCas598(Raj); 2001(3)WLC191; 2001WLC(Raj)UC604; 2002(2)WLN555
ORDERArun Madan, J.1. Heard learned counsel for the parties.2. This revision petition has been preferred against the order dated 2-3-2000 passed by the learned Additional District Judge, Sambharlake in Civil Suit No. 176/ 1992, whereby the trial Court had dismissed defendants-petitioners' application under Order 11 Rule 14 CPC.3. The undisputed facts are that the plaintiff respondent UCO Bank had filed a suit for recovery of Rs. 4,09,500/- against the defendants/petitioners, who stood as guarantors before the trial Court. Defendants Nos. 1, 3, 6, 8 & 9 filed a joint written statement denying the averments of the plaintiff and pleaded that the suit of the plaintiff be dismissed with cost.4. Thereafter on or about 19-3-1998, the defendants/petitioners filed an application before the trial Court under Ordder 11 Rule 14 CPC for issuing direction to the plaintiff-Bank for production of the following documents ;--(i) pledge register for the period from 14-4-1979 to 17-10-1989 which was prepa...
Tag this Judgment!Court : Rajasthan
Decided on : Jul-07-2000
Reported in : AIR2000Raj405
..... deed. the same contention has been agitated before board of revenue which stood repelled by the board, placing reliance upon provisions of chapter x of the contracts act, 1872. the law relating to revocation of authority as adumbrated in provisions of section 201 to 210 under this chapter, which deals specifically with the concept of ..... factum of revocation of agency. in view of the above, the case of contesting respondents squarely falls within illustration (b) under provisions of section 208. of the contracts act. 10. in janardan v. ganga ram, air 1951 nagpur 313, it has categorically been held that -- 'insofar as third parties are concerned, the termination of a ..... operative cottage industrial society ltd., madras state v. radhelal lallolal, air 1971 madh pra 191, the court while interpreting the provisions of section 208 of the act held that so far as third parties are concerned, law is that termination of contract of agency takes effect only from the time the third party obtains knowledge .....
Tag this Judgment!Court : Rajasthan
Decided on : Jul-07-2000
Reported in : 2001(1)WLN620
..... not providing reservation to the disabled persons while making selections for pg courses, as bad in law;(ii) further by writ of mandamus the respondents be directed to implement the act of 1955 and the recommendations given by the commissioner disabilities and provide at least 3% reservations to the physically handicapped persons in the pre pg entrance examination 2000 for admission .....
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