Judgment Search Results Home > Cases Phrase: sashastra seema bal act 2007 section 98 voting by members Court: rajasthan Page 8 of about 123 results (0.124 seconds)

Payal Sancheti (Smt.) and anr. Vs. Harshvardhan Sancheti

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 .....

Cit Vs. Badrilal Chaturbhuj

Court : Rajasthan

Reported in : (2002)177CTR(Raj)165

..... ) on the ground that under similar circumstances no penalty was levied in the case of sister concern ?' 2. in the proceedings under section 271(1)(c) of the income tax act, a penalty of rs. 19,320 was levied. the commissioner confirmed the penalty. the tribunal held that out of the total addition of rs. 29,267, penalty was rightly imposed ..... by the courtthis reference application at the instance of revenue under section 256(2) of the income tax act, 1961, has been filed seeking opinion of this court on the following questions :'1. whether on the facts and in the circumstances of the case of tribunal is legally justified .....

Pradeep Kumar Vs. Sate of Rajasthan and ors.

Court : Rajasthan

Reported in : 2002(4)WLC198; 2003(1)WLN30

..... created by a statute, even if its order is, expressly or by necessary implication, made final if the said tribunal abused its power or does not act under the act but in violation of its provisions.20. a constitution bench of the hon'ble supreme court in firm of illury subbayya chetty and sons v. state of ..... the civil court by express provision may not be a complete bar to entertain a suit if party satisfies the civil court that the statutory tribunal has not acted in conformity with the fundamental principles of judicial procedure. moreso, the statutory tribunal must be competent to provide all the remedies normally associated with the actions in ..... and ors., : [1997]2scr12 , the court observed that while entertaining the second appeal, the court should not over-look the change brought about by the amendment act of 1976 restricting the scope of second appeal drastically and now it applies only to appeals involving substantial question of law, specifically set-out in the memorandum of appeals .....

Dinesh and ors Vs. State and anr

Court : Rajasthan Jodhpur

..... commission of offence punishable under sec. 498-a of the indian penal code, 1860 (in short the 'ipc') and sec.4 of the dowry prohibition act, 1961 (in short 'd.p. act').3. the complaint was treated as first information report and investigation was undertaken. on completion of investigation charge-sheet was filed on 8/6/2000. a ..... sufficient ground for proceeding against the accused. (6)where there is an express legal bar engrafted in any of the provisions of the code or the concerned act (under which a criminal proceeding is instituted) to the institution and continuance of the proceedings and/or where there is a specific provision in the code or the ..... concerned act, providing efficacious redress for the grievance of the aggrieved party. (7)where a criminal proceeding is manifestly attended with mala fide and/or where the proceeding is .....

M/S M.R.Construction Co Vs. State Through Chief Eng.and anr

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 .....

Manohar Singh Vs. Union of India and ors

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 .....

Geeta Devi and Others Vs. Dr. Surendramal Mertiya and Others

Court : Rajasthan Jodhpur

..... 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. .....

Om Prakash Vs. Smt. Sashi and Anr

Court : Rajasthan Jodhpur

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...

Ram Narayan Singh @ NaraIn Singh, Vs. State

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 .....

D.R. Kalla and ors. Vs. the State of Rajasthan

Court : Rajasthan

Reported in : 1998(2)WLC169; 1997(2)WLN550

..... provide for a detailed procedure in respect of suspension and conducting the disciplinary proceedings. the said requirements have to be complied with and concerned authorities have to act in accordance to the procedure provided in the said appendices.20. in view of the above, all the petitions are dismissed with a direction that the ..... a considered decision. even if stayed at one stage, the decision may require reconsideration if the criminal case gets unduly delayed.18. a writ court cannot act as 'an appellate forum de hors the limitations of judicial review while considering the quashing of suspension order and charges and even at the threshold'. (vide ..... the contrary.9. in the instant case, the provisions of rule 13 of the rajasthan civil services (classification, control and appeal) rules, 1958, hereinafter called the act, 1958'. rule 13 reads as under:13. suspension.--(1) the appointing authority or any authority to which it is subordinate or any other authority empowered by the .....