Court : Rajasthan
Reported in : RLW2009(1)Raj404
..... count his name having been deleted from the muster roll, was found to be legal. then reliance was placed on another judgment of the hon'ble supreme court, in seema ghosh v. tata iron & steel co. reported in : (2006)iiillj759sc , to contend that where even the findings of fact, recorded by learned labour-court are ..... % per annum, after the said date, and the workman should be entitled to have this order enforced through labour court, by invoking appropriate provisions of industrial disputes act.28. consequently, the appeal is allowed in part. the finding about the removal of the workman being not in accordance with law is upheld. however, the relief ..... , that the consequence of unauthorised absence is not available under the certified standing orders, if it so specifically provides, and that, the submission, that industrial disputes act provided for a penalty in respect of the workman, who may have gone on illegal strike, and therefore, there could be no termination of services on account .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2009(2)Raj1172
..... respondents rohtash ad dharmendra respectively incorporated in ex.p-74 and ex.p-75 have been ignored by learned trial court. recovery of revolver affected under section 27 of evidence act has also not been properly considered.leave granted. accused respondents sunil suji, naseeb singh, rohitash @ chhotu @ doctor and dharmendra @ shastri be summoned through non bailable warrants.3. it appears that .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2009(1)Raj431
..... from alienating the house in any manner.5. on service, the defendant filed an application, alleging that in view of the provisions of section 7 of the family court act, the present suit for injunction is not maintainable, and that, the plaintiff, on these very allegations, has already filed application before the judicial magistrate, therefore, she ..... as well as the record. at the outset learned counsel for the appellant contended, that the plaintiffs' claim is not under section 18 of the hindu adoptions and maintenance act, rather their claim is covered by explanation (c) to section 7(1).8. it was contended by the learned counsel for the appellant, assailing the impugned order ..... with the peaceful possession of the plaintiff, over the suit scheduled property. the suit was filed in the year 1983, and on commencement of the family court act the suit was transferred to the family court. in that suit an additional issue was framed, about the suit being triable by the family court. on merits .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR2008Raj194
..... 7. learned counsel for the non-petitioner-mother has made a preliminary submission that as the matter relating to guardianship is covered under the family courts act, 1984 ('the act of 1984'), this revision petition under section 115 of the code of civil procedure is not competent because the order passed by the family court could ..... revision petition is directed against the order dated 11.02.2008 as passed by the district judge, merta in the proceedings under the guardians and wards act, 1890 ('the act of 1890') rejecting an application moved by the petitionerfather under order vii rule 11 of the code of civil procedure and rejecting his contention that the ..... of the case and the law applicable. 9. the preliminary objection regarding maintainability of this revision petition with reference to the provisions of the family courts act, 1984 has only been noted to be rejected as rather misconceived. admittedly, the proceedings in question have been taken up with the district court at merta .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2009(1)Raj590
..... wrongful restraint. three accused were present on spot and the role of three accused may be different, but they actively participated in committing robbery, therefore, their act in participation on spot proves their presence not only near to the victim so as to put them in fear of instant death. section 394 ipc provides ..... were ultimately committed by some of them, without the participation of others. those who committed the offences pursuant to the conspiracy by indulging in various overt acts will be individually liable for those offences in addition to being liable for criminal conspiracy; but, the non-participant conspirators cannot be found guilty of the ..... the hon'ble supreme court while considering the scope of section 121a ipc held that those who committed offences pursuant to conspiracy by indulging in various overt acts will be individually liable for those offences in addition to being liable for criminal conspiracy, but the non-participant conspirators cannot be found guilty of the .....
Tag this Judgment!Court : Rajasthan
Reported in : (2008)217CTR(Raj)209; [2009]313ITR231(Raj); [2009]178TAXMAN33(Raj)
..... rest with the lessor.lessee shall not claim any relief by way of any deduction, allowance, or grant available to the lessor as owner of the equipment under income tax act, 1961 or any other statute, rule of regulation issued by the govt. or any statutory authority.the lessee shall keep machinery at all times for the full term of ..... company, for a rent, and thereby the assessee company is also in user of the assets, and as such the lessee is entitled to depreciation under section 32 of the act.12. in view of the two questions framed in the three appeals, we are required to examine, as to whether, in the facts and circumstances the itat was justified ..... :i) whether, on the facts and circumstances of the case the itat was justified in holding that the assumption of jurisdiction under section 147/148 of the income tax act is bad in law and accordingly in quashing the reassessment proceedings?ii) whether on the facts and circumstances of the case the itat was justified in holding that the assessee .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2008(3)Raj2340
..... division bench of the high court has failed to see that the scheme conferred discretion on the corporation under clause 8.1 coupled with the duty to act judiciously when application for voluntary retirement was made by an employee. the said clause did not confer any unfettered discretion upon the corporation to refuse the benefit ..... but that does not mean that the respondent corporation being an authority coming within the purview of article 12 of the constitution can abdicate its duty to act reasonably and fairly in exercise of discretion. it is strange as to why the managing director of the respondent corporation, the competent authority to accept the ..... rseb. the state government decided to abolish rseb and it divided into 5 public sector companies under section 14 of the rajasthan power sector reforms act, 1999 (for short 'the act of 1999. the division of erstwhile rseb into 5 companies took place after issuance of the rajasthan power sector reforms transfer scheme, 2000 (for short .....
Tag this Judgment!Court : Rajasthan
Reported in : 2008(2)WLN230
..... and detain the person.11. thus, search and seizure which has been made from the petitioner, is in contravention of the provisions of section 35 of the act.12. learned counsel for the petitioner also referred the annexures which are annexed with the present criminal misc. petition, more particularly the letter dated 18.08.2007 ..... agent, previous sanction of central government is necessary. it provides that no prosecution shall be instituted against any person in respect of any offence under this act without the previous sanction of the central government or such officer or authority as may be authorised by that government by order in writing in this behalf:8 ..... no. 145/2007 came to be registered at police station kotwali, fatehpur shekhawati, district sikar for the offence under section 10/24 of the emigration act, 1983 (for short 'the act of 1983') against the petitioner and one shri nishant saini.5. learned counsel for the petitioner submits that the petitioner is registered agent and no .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2008(3)Raj2485
..... drawn regarding truth of credit entry merely on basis of acceptance of thumb impression by drawing presumption is per the provisions of section 114 of the indian evidence act. the order impugned, for the reasons mentioned above, does not suffer from any error warranting interference of this court in its revisional jurisdiction. accordingly, the revision ..... circumstances under which it was executed, and the whole history of the parties, it is reasonably established that the deed executed was the free and intelligent act of the settlor or not. if the answer is in the affirmative, those relying on the deed have discharged the onus which rests upon them.while affirming ..... appellate court should have presumed the existence of the fact relating to money due against the defendant as per the provisions of section 114 of the indian evidence act, 1872. it is urged that the trial court rightly presumed the due against the defendant, but the appellate court erroneously reversed the judgment on the ground .....
Tag this Judgment!Court : Rajasthan
Reported in : (2008)215CTR(Raj)319; [2008]298ITR203(Raj)
..... of the assessee at the time of search, in the books of account of the company, entry clearly looked to be clandestinely made between two lines, and was not an act done in the regular course of business, and, therefore, it is clear, that the profits of the assessee were simply attempted to be diverted to the company, and has rightly .....
Tag this Judgment!