Court : Rajasthan Jodhpur
..... of the father and the mother of the complainant were also recorded and in pursuance to the information provided by the mother-in-law under section 27 of the evidence act, two gold rings, laptop, clothes and pan card of the complainant were recovered from her possession. the complainant/respondent no.3 filed reply stating that the marriage of the complainant ..... even if taken at their face value do not satisfy the conditions and ingredients of sections 406, 498-a of the ipc and sections 3 & 4 of the dowry prohibition act. the allegations were vague in the nature. the dispute is between the husband & wife and the parents have been dragged unnecessarily. further, the entire family has been enroped including the .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... (j) it may be true that a statutory amendment of a rather cognate provision, like section 115 of the civil procedure code by the civil procedure code (amendment) act, 1999 does not and cannot cut down the ambit of high court's power under article 227. at the same time, it must be remembered that ..... , the second petitioner-defendant submitted objection against general notification published in the newspaper through his private secretary. that apart, in the plaint, certain overt acts are also attributed to the petitioners-defendants in causing obstructions and hindrances in peaceful enjoyment of ownership and possession of suit property by the respondents. while ..... of mandir palace became transferred properties of all the four incumbents including the proforma respondent. when rajasthan land reforms and resumption of jagirs act, 1952 (for short the act of 1952 ) came into force, the respective parts of mandir palace were declared as properties of all the four incumbents including the proforma .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... as we have already noted, section 47-a being local amendment, made by each state legislature did not find any such statutory basis. like a.p. act,tamil nadu act is also referable to transactions intra vivos and not as general guidelines. if they are based on evidence inter partes it would be consistent with section 47- ..... 1 kb at pp. 206,207:16. wherever any body of persons having legal authority to determine questions affecting the rights of subjects, and having the duty to act judicially, act in excess of their legal authority, they are subject to the controlling jurisdiction of the king s bench division exercised in these writs. . 29. no less ..... of federal sovereign and an off spring of political necessity .. the relevant laws of compulsory acquisition of land, including the provisions contained in this behalf under the act of 1956 emanate from the principle of eminent domain. in the case of building and civil engineering holidays scheme management vs. post officem, (1966) 1 qb247while .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... promotion in group-c and d posts only; the provisions of the persons with disabilities (equal opportunities, protection of rights and full participation) act, 1995 ('the act') do not prescribe for reservation in promotion and the reservations in promotions is only covered by the instructions of the government and, therefore, ..... /public sector undertakings/government companies declaring that the non-observance of the scheme of reservation for persons with disabilities should be considered as an act of non-obedience and the nodal officer in department/public sector undertakings/government companies, responsible for the proper strict implementation of reservation for person ..... give benefit of reservation to persons with disabilities in the matter of promotion to posts in the indian administrative services and directed the respondents to act accordingly. the national federation of the blind filed contempt petition (civil) no.499/2014 before hon'ble supreme court alleging disobedience of the .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... representation of son of the present petitioner, viz. jorawar singh s/o mrigendra singh, a minor by which some proceedings under section 83 of the rajasthan land revenue act, 1956, were sought to be initiated at the instance of the revenue minister against the petitioner and the petitioner in that writ petition being the purchaser of the ..... in making such a frivolous & collusive representation directly to the hon'ble revenue minister at the instance of a minor. since no limitation under section 83 of the act has been provided as such, the settled legal position in this regard is that where no such limitation is prescribed, such powers can be invoked only within a ..... herein) allowed the writ petition filed by one of the purchasers of the land in question, also found that proceedings under section 83 of the rajasthan land revenue act sought to be initiated by the then revenue minister at the instance of the minor son (jorawar singh) of the plaintiff- mrigendra singh, were not sustainable and .....
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..... . by the impugned order dated 27.04.2013, the learned district judge, chittorgarh has refused to admit the petition filed by the appellant under the provisions of the provincial insolvency act, 1920 finding that the petition was not worth admission, as the appellant-applicant had failed to furnish the details of his debts and outstanding dues and the particulars of the ..... the disposal of the court concerned for distribution amongst his creditors pro rata, therefore, the contents as required to be given in such petiion under section 13 of the said act of 1920 s.b. civil misc. appeal no.1514/2013 kanju mia vs. daulat khan & ors. order, wednesday, dated 23.09.2015. 2/6 read with section 10 stipulating the .....
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S.B. CIVIL FIRST APPEAL NO.646/2011 Om Prakash Vs. Smt.Shashi & Anr. Order, Monday, dated 21.09.2015. 1/39 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR. :: JUDGMENT :: S.B. CIVIL FIRST APPEAL NO.646/2011 Om Prakash s/o Rajaram Vs. Smt.Shashi w/o Late Narendra Kumar & Anr. Date of Order ::: Monday, 21st September, 2015. PRESENT HON'BLE DR. JUSTICE VINEET KOTHARI Appearance: Mr.R.R.Nagori, Senior Advocate assisted by Mr.Alkesh Agarwal and Mr.V.L.Thanvi, for the defendant-appellant. Mr.Ashok Chhangani for the plaintiffs-respondents. REPORTABLE BY THE COURT (ORAL) :- 1. The defendant-Om Prakash has filed the present first appeal under Section 96 of the Code of Civil Procedure against the plaintiffs/decree-holders Smt.Shashi w/o Late Shri Narendra Kumar and her son Shailendra, aggrieved by the decree of possession dated 13.12.1999 in Civil Original Suit S.B. CIVIL FIRST APPEAL NO.646/2011 Om Prakash Vs. Smt.Shashi & Anr. Order, Monday, dated 21.09.2015. 2/39 No.120/89 Smt.Shas...
Tag this Judgment!Court : Rajasthan Jodhpur
..... the situation slipped out of his control and it went to the fatal extent. he would not have intended to inflict the injuries which she sustained on account of his act. therefore, we are persuaded to bring down the offence from the firs.degree murder to culpable homicide not amounting to murder. 8. we, therefore, alter the conviction from ..... to save her from the tongues of flames. this conduct cannot be seen divorced from the totality of the circumstances. very probably he would not have anticipated that the act done by him would have escalated to such a proportion that she might die. if he had ever intended her to die he would not have alerted his senses ..... is as follows: 6. we find no good reason to discard the 10 two dying declarations given by the deceased regarding the actual occurrence. the courts below have rightly acted on such dying declarations. 7. but then, what is the nature of the offence proved against him. it is an admitted case that appellant was in a highly inebriated .....
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..... is claimed, civil court will have jurisdiction. three judges bench of hon'ble apex court in case of rajasthan state road transport corporation & anr. v/s. bal mukund bairwa (2) [(2009) 4 scc299 has observed that the question of jurisdiction is to be addressed, having regard to the facts of the case and ..... settlement. despite such a situation, the appellant has ventilated his grievances against the impugned action of the respondent which emanated from bipartite settlement in terms of act of 1947. hon'ble apex court in the premier automobiles ltd.(supra) examined the issue relating to jurisdiction of civil court in relation to industrial disputes ..... governed by bipartite settlement dated 17th november, 1980, which was arrived at between union of bank employees and the 6 management, in terms of provisions of act of 1947. in that background, the order, whereby appellant was debarred from participating in the process for promotion/recruitment, the embargo envisaged under the bipartite settlement .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... law.24. we do not find any lack of authority nor any prohibition in {17} dbsaw nos.715/2013, 714/2013 & 739/2013 the land revenue act or uit act which may prohibit or any statutory provision which may have restrained the state government to constitute a committee of senior officers, who had already submitted its report, confirming ..... passed by the authority concerned, after giving an opportunity of hearing to the petitioner, in conformity with the provisions of section 91-a and 92-b of the act of 1959. he further held that the court cannot sit in appeal over the administrative decisions taken by the competent authorities for removing encroachments upon the government land ..... the petitioner, have resulted into gross violation of {6} dbsaw nos.715/2013, 714/2013 & 739/2013 law. he held that under section 91-a of the act of 1959, the uit is competent to direct, in addition to the prosecution lodged for such violation, demolition of the constructions by the owner thereof, carried out in .....
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