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 .....
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 .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... be accepted for the purpose of maintaining 17 finding of conviction because the statement made by the accused appellant is not admissible under section 25 of the evidence act, but in this case, the investigation has been concluded in very casual manner and no cogent evidence is collected and produced before the court to support the ..... injury by an agricultural equipment (danti) , the danti was washed out by me in the canal but in the investigation information under section 27 of the evidence act (ex.p/32)was obtained from the accused on 6.4.2005 at about 10.30 a.m.and in 16 pursuance of such information agricultural equipment (danti) ..... the place of occurrence and other material pieces of bangles etc lying on spot were seized and after arrest accused appellant give information under section 27 of the evidence act about the agricultural equipment (danti) and upon said information danti was recovered. the site plan of the place of recovery was prepared and upon information of accused .....
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..... separate and distinct from its shareholders with its own legal rights and obligations. it seeks to disregard the separate personality of the company and attribute the acts of the company to those who are allegedly in direct control of its operation. the starting point of this doctrine was discussed in the celebrated case ..... said to be carrying on its business pursuant to the authority of the central government?. that obviously cannot be said of a company incorporated under the companies act whose constitution, powers and functions are provided for and regulated by its memorandum of association and the articles of association. an incorporated company, as it well ..... of the words used by parliament in the definition clause of 'appropriate government'. it is an undisputed fact that the company was incorporated under the companies act and it is the company so incorporated which carried on the undertaking. the undertaking, therefore, is not one carried on directly by the central government or .....
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..... this regard was necessary for the purpose of alleged attornment. 20. besides the above, the definition of landlord under section 2(c) of the rajasthan rent control act, 2001 ('the act') reads as under:- "(c) 'landlord' means any person who for the time being is receiving or is entitled to receive the rent of any premises, whether ..... be made by any court having jurisdiction to entertain a suit for the possession of the property leased." 10. the said proviso to section 109 of the tp act coupled with the settled legal position that the attornment in favour of transferee is automatic and it requires no consent of the lessee only entitles the transferee to ..... landlord, dr. surendramal mertiya, continued to receive the rent from the tenant and, therefore, his right to seek eviction as 'landlord' as defined under the rent control act, 1950 continued irrespective of his transfer of suit property by way of gift, and the present second appeal of tenant deserves dismissal. the reasons are as follows. 8. .....
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..... a case based on circumstantial evidence. . last seen evidence is one of species of circumstantial evidence. last seen evidence as per part iii section 7 of indian evidence act, 1872, is relevant evidence against accused. for proving this evidence it is essential for the prosecution to prove two things, being that the accused was seen alone in ..... a fact situation, we reach the inescapable conclusion that no presumption can be drawn against the said two respondents/accused under section 114 illustration (a) of the evidence act. no ad- vers.inference can be drawn on the basis of re- coveries made on their disclosure statements to connect them with the commission of the crime. 9 ..... when there is evidence of last seen and recovery of silver oranment is made as per information given by the accused appellant under section 27 of the evidence act then obviously it is a case in which the learned trial court has rightly held accused appellant guilty of offence under section 302 and 397 ipc. the learned .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... well settled position of law that question of title is not really relevant in the eviction matters upon termination of tenancies under the provisions of transfer of property act or even under the rent control law, and the defendant cannot, therefore, contend that the plaintiff did not acquire any title under a particular decree upon compromise ..... basis of partition decree given by the civil court upon a compromise and in the absence of same being registered in accordance with the provisions of the indian registration act, 1908, the same could not confer any ownership or title in favour of the present appellant- plaintiff - madan lal and the appellate court was justified in ..... defendant tenant and the attornment in his favour was automatic and consequently he was entitled to terminate the tenancy under section 106 of the transfer of property act and the same was rightly granted by the learned trial court but it was reversed by the learned first appellate court on a wholly erroneous ground. he .....
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..... suffice to mention that in any case now a period of more than one year has already been passed from the date of filing application under section 13b of the act of 1955. looking to all these facts and circumstances noticed above we deem it appropriate to accept this appeal. accordingly, the same is allowed the marriage of appellant no ..... customs and rituals at udaipur. a couple soon after their marriage preferred an application under section 13b of the act of 1955 seeking direction to annul their marriage by consent. the application came to be dismissed being premature on the count that the same was filed prior to a ..... aforesaid, whereby the learned judge, family court, udaipur rejected an application preferred by the appellants as per the provisions of section 13b of hindu marriage act, 1955 (hereinafter referred to as 'the act of 1955').the facts in brief are that the appellant no.1 and appellant no.2 entered into a wedlock on 28.06.2012 as per hindu .....
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..... examinations. in the peculiar circumstances of the case before such unending trial could get converted itself into a permanent menace, the answering respondents had to act and had acted to hold the credibility of the entire institution. the petitioner has provided for all the reasons and circumstances leading to the satisfaction of the answering ..... (2), to drop the enquiry and to dismiss the petitioner from service. the petitioner as an employee of the high court has committed serious misconduct. the act of misconduct, prima facie established, had scandalized the administration of justice in the state of rajasthan. the hon'ble judge, after a discreet enquiry conducted by ..... on your part was not proper and thus you transgressed all limits of decency, failed to maintain the dignity and respect towards the judiciary. this conduct and act of yours besides being unbecoming of an officer amounts to gross misconduct. statement of charge no.2 that you shri kalwani while posted & functioning as stated .....
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..... of contract. no response to the notice aforesaid was given, hence, the instant application for appointment of arbitrator as per provisions of section 11(6) of the arbitration and conciliation act, 1996 is preferred. (2) a reply to the application has been filed on behalf of the respondents with assertion that by communication dated 29.10.2013 the resident engineer, rajasthan .....
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