Court : Rajasthan Jodhpur
..... 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. a reply to the application has been filed on behalf of the (2) respondents with assertion that by communication dated 29.10.2013 the resident engineer, rajasthan .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... 6 seeking to question the judgment and decree aforesaid, the learned counsel for the appellant has strenuously argued that the appellant filed an application under section 9 of the act of 1955 and even during such proceedings, the respondent declined to live with the appellant. it is submitted that from the evidence adduced on record by the parties including ..... submitted that the appellant had taken to the life of easy-virtue and turned her out of the house. she alleged that the application under section 9 of the act of 1955 was withdrawn by the appellant himself and he was not interested in keeping herself and the children. she also asserted that the shop in question was ..... leaving his company and going to her mother s place and when lastly she did not return despite all the efforts, he filed an application under section 9 of the act of 1955 wherein, despite settlement, she did not return to her matrimonial house; and on the contrary, started abusing him and also misbehaved at his shop on 14 .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... executed by smt. puni bai, wanted to transfer the plot nos.107 and 108 to one shri mukul mahavir agrawal and plot nos.106 and 109 as husband of smt. seema gehlot to said shri mukul mahavir agrawal and, in this regard, a notice seeking objections was published in the newspaper, which was replied by the counsel of the appellants, ..... and due to a mistake made in good faith, in the interest of justice, indulgence may be granted in terms of proviso to section 21 of the limitation act, 1963 ('the act of 1963').it is submitted by learned counsel for the appellants that the appellants were not aware of the transfer made in favour of smt. puni bai and ..... court effectually and completely to adjudicate upon and settle all the questions involved in the suit, be added. (3) ....(4) ....(5) subject to the provisions of the indian limitation act, 1877 (15 of 1877).section 22, the proceedings as against any person added as defendant shall be deemed to have begun only on the service of the summons. . section .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... . this is particularly so when section 220 (6) deals expressly with a situation when an appeal is pending before the appellate assistant commissioner, but the act is silent in that behalf when an appeal is pending before the appellate tribunal. it could well be said that when section 254 confers appellate jurisdiction, ..... servants and constitutional functionaries. in the case of a government servant/or functionary who cannot under the conditions of his service/or office, by his own unilateral act of tendering resignation, give up his service/or office, normally, the tender of resignation becomes effective and his service/or office-tenure terminated, when it ..... resulted in severance of employer- employee relationship forthwith on 18.1.2006.) for the same reason, the principle underlying section 19 of the transfer of property act is not attracted.42. the general principle that emerges from the foregoing conspectus, is that in the absence of anything to the contrary in the provisions .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... by the commandant, whereafter the respondent/writ petitioner has been recommended to be tried by the ssfc. bearing in mind that section 74(2) of the act, though mandates reference to the appropriate authority as a pre condition for ssfc as contemplated therein but not a sanction 10 therefor, we are inclined to conclude ..... according to mr.nanda, the intra departmental communications, as sought to be relied upon by the appellants, do not demonstrate reference under section 74(2) of the act and, thus, have been rightly rejected by the impugned judgment and order. referring to the dictionary meaning of word reference ., the learned counsel has urged that the ..... was ordered thereafter and eventually, the respondent/writ petitioner was put on trial by the ssfc with effect from 18th march, 1996 under section 46 of the act and he, having been found guilty of charge, was sentenced with dismissal from service. the respondents controverted the imputation of contravention of the provisions of the rules .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... ailment of dowry plays a vital role in matrimony. a very important expression used in section 304-b indian penal code and section 113-b of the indian evidence act is soon before death .the expression aforesaid has been explained by hon'ble the supreme court in several cases including kaliya perumal v. state of tamilnadu (air2003sc3828 and ..... . while examining a case relating to offence under section 304-b indian penal code, the court is also having assistance of section 113-b of the indian evidence act, 1872, that pertains to presumption as to dowry death and according to it when the question is whether a person has committed the dowry death of a woman ..... fact is available on record to arrive at a conclusion that any demand was made by accused persons for dowry as interpreted under section 2 of the dowry prohibition act, 1961. with regard to the conviction recorded for the offence punishable under section 498-a indian penal code, it is asserted that the prosecution failed to establish any .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... , sub-rule 1a of order xxiii also does not provide for starting point of limitation on transposition. the reason is not far to seek. section 21 of the limitation act, 1963 reads thus: 21. effect of substituting or adding new plaintiff or defendant. - (1) where after the institution of a suit, a new plaintiff or, defendant ..... the plaint shall be served on the new defendant and, if the court thinks fit, on the original defendant. (5) subject to the provisions of the indian limitation act, 1877 (15 of 1877).section 22, the proceedings as against any person added as defendant shall be deemed to have begun only on the service of the summons. ..... any reason for the transposition; the transposition would be apparently barred by limitation and the said application has been filed merely to over come rigour of the limitation act. i have considered the rival submissions. apparently, the provision relating to transposition of a respondent as appellant is envisaged only by provisions of rule 1a of order .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... .k.k.shah, for the petitioner-applicant. mr.l.k.purohit, government counsel...this application as per provisions of section 11(6) of the arbitration and conciliation act, 1996 (hereinafter referred to as the act of 1996 .) is preferred for appointment of an independent arbitrator. briefly stated, facts of the case are that a contract was awarded to the petitioner firm on .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... case. the learned public prosecutor on the other hand vehemently opposed the submissions advanced by the learned counsel for the appellant. he contended that the investigating officer acted fairly in mixing the contraband packed in two gunny bags and thereafter in taking the samples. he submitted that by adopting the said procedure, representative sample from ..... his submissions, learned counsel for the appellant placed reliance on the decision rendered by the hon'ble apex court in the case of union of india. versus bal mukund and ors.reported in 2009 cri.l.j.2407 and on the decision rendered by this court in the case of ghewar ram. versus state of rajasthan ..... the samples as well as contraband were sealed. on the basis of the recovery, an fir no.181/05 for the offence under section 8/15 of the ndps act was registered against the appellant and investigation commenced. after completion of investigation, the police filed a charge sheet against the appellant for the aforesaid offence. the trial .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... the respondent. mr. rajendra kumar respondent husband present-in-person. ---- by the court: (per hon'ble bhansali, j.) this appeal under section 19 of the family courts act has been filed by the appellant-applicant-wife aggrieved against judgment and decree dated 11.08.2011 passed by the judge, family court no.1, jodhpur ('the family court'), ..... in the written statement does not constitute mental cruelty as claimed. the learned counsel also submitted that irretrievable break down of the marriage is not a ground in the act for grant of divorce and, therefore, no decree in this regard can be passed on that ground. ultimately, it was prayed that the appeal be dismissed. we ..... and/or any time thereafter in the presence of the said witnesses. further, even the issue relating to physical violence, there is no direct evidence and/or any act/action on part of the applicant like lodging of any complaint with police etc. though the applicant has stated that she had approached the police in this regard, .....
Tag this Judgment!