Court : Rajasthan
Reported in : RLW2009(3)Raj2351
..... by filing instant criminal revision the accused petitioner has challenged the order dated 18.7.2008 passed by special judge, women atrocities & dowry cases, jaipur (for short 'the trial court') in sessions case no. ..... of prosecutorix poonam singh clearly reveal that accused petitioner put the prosecutorix under misconception of facts and solemnized marriage in temple fraudulently and repeatedly, she made sexual relations with her. ..... sharma, public prosecutor vociferously controverted the aforesaid arguments and submitted that a bare perusal of preliminary report, statements recorded under section 161 cr.p.c. ..... prosecutorix poonam singh when made pressure of marriage upon accused petitioner then he solemnized fraud marriage in temple and kept her for 10 days at mansarovar's house and she is pregnant for one month. ..... from the facts it is clear that accused petitioner solemnized the marriage fraudulently so as to have sexual intercourse with the prosecutrix. ..... suresh sahni, counsel for the petitioner submits that the trial court has acted contrary to the mandate of law and have completely ignored the chapter of xviii of cr.p.c. ..... he submits that as per the custom of both the parties 'saptpadi' is required for solemnization of a legal and valid marriage. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1978Raj31; 1976(9)WLN835
..... land proposed to be acquired is agricultural land, consult the senior agricultural officer of the district whether or not such land is good agricultural land; (ii) determine, having regard to the provisions of sections 23 and 24 of the act, the approximate amount of compensation likely to be payable in respect of the land, which, in the opinion of the collector, should be acquired for the company; and (iii) ascertain whether the company offered a reasonable price ..... dated march 13, 1973, it has been mentioned that it was being acquired for public purpose, that is, for general engineering works, bharatpur which is not a company in itself, (e) that the provisions of chapter vii were not complied with; and (f) that rule 32 of the rajasthan land acquisition rules, 1956 was not complied with. 3. ..... the purpose of an order under section 4 (1) is to take preliminary proceedings preceding the intended acquisition with a view to finding after survey and taking levels and if necessary after digging and ..... petitioner-appellant filed an application for determining certain preliminary objections challenging the jurisdiction of the respondent no ..... instead he decided to dispose of the preliminary objections along with others at the time of submitting a ..... respondent urged that the ratio decidendi of the above referred case is not applicable to the facts of the case on hand, because that case was decided on the special provisions of the land acquisition act no. ..... of preliminary notification and ..... preliminary .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1985Raj143; 1984()WLN357
..... devisingh's case (supra), an office objection was raised that an appeal under section 18 of the ordinance against the judgment/order of the learned single judge passed in exercise of the appellate jurisdiction under section 28 of the hindu marriage act, should be accompanied by stamps of rs. ..... it was contended on behalf of the appellant in that case that the court-fee was payable on the memo of appeal under article 3(iii)(2)(a) of schedule ii of the act the learned judge of the division bench, while passing the order dated march 21, 1984, observed as follows : --'the present appeal has been filed against a judgment and decree passed by the learned single ..... , passed in that case : --'the contention raised by the learned counsel is well founded inasmuch as the order under appeal is one passed in exercise of the appellate jurisdiction under section 28 of the hindu marriage act.'22. ..... is not deficient whereby overruling the preliminary objections raised by the learned counsel for the respondents and also on behalf of the ..... after noticing the aforesaid provisions of the act and the ordinance, it was held in that case that a special appeal against the judgment of a learned single judge of a high court passed on appeal against the decree does not fall under the description 'memorandum of appeal from an order inclusive of an order determining any question ..... to it, computation of court-fee has to be made according to the provisions contained in chapter vi, chapter viii and the schedules i and ii. .....
Tag this Judgment!Court : Rajasthan
Reported in : 2000(4)WLC647; 2007(3)WLN226
..... (ii) the state government shall call upon the raj as than housing board to frame necessary regulations under sub-section (2) of section 53 of the rajasthan housing board act for carrying out the purposes of the act to create an independent cell in the name of low cost housing centre or any other name, under the control of rhb for setting up of a net work of building centres in the districts of rajasthan in accordance with the national housing ..... ratan lal bagania : air1999cal106 observed that though broadly speaking the principle of lifting of corporate veil will be available in the statute like companies act and other financial and taxing statutes but this principle can be used by the court to prevent the abuse of process of court of law. ..... the recommendations of the government were made on march 15, 1999.the avs in its special general body meeting dated march 26, 1999 took independent decision to dissolve the avs. ..... of all the writ petitions in the following terms:(i) all the petitioners are entitled to unpaid salary which they used to get in the avs and the rajasthan housing board in view of section 13 of the societies registration act, 1860 read with clause 17 of memorandum of association of the avs shall arrange payment within 30 days from today. ..... i will now get on to the preliminary objections raised on behalf of the respondents. ..... chapter 3 of the said regulations deals with the appointments and prescribed minimum conditions which are required to be fulfilled by the employees. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1982WLN676
..... as regards the non-maintainability of the writ petition under rule 381 of the high court rules, it lays down that an application under chapter xxii which deals with the writ petition under article 226 of the constitution of india other than a writ in the nature of habeas corpus shall be made by an advocate and not by ..... matter of enforcing prohibition or its withdrawal is of vital interest to every citizen of this country specially when it has been contained in article 47 of the constitution of india as one of the ..... with the contention of the learned government advocate that the notifications issued under section 19 read section 11 of the excise act have been impliedly repealed as a consequence of the prohibition act itself being repealed as these notifications were issued only in order to implement the policy of prohibition.10. ..... learned government advocate also pressed the preliminary objections that the writ petition was not maintainable under rule 381 of the rules of high court of judicature for rajasthan, 1952, under which a petition under article 226 of the constitution of india ..... shall first deal with the preliminary objection raised by the learned ..... i find no force in this preliminary objection raised by the learned government ..... as regards the other preliminary objection, the petitioner has mentioned in the writ petition that he is president of dakshan block prohibition committee and vice-president of rajasthan freedom fighters association and the aforesaid facts have not been .....
Tag this Judgment!Court : Rajasthan
Reported in : [2001]252ITR88(Raj)
..... to- (i) any property succession to which is regulated by the indian succession act, 1925 (39 of 1925), by reason of the provisions contained in section 21 of the special marriage act, 1954 (43 of 1954) ; (ii) any estate which descends to a single heir by the terms of any covenant or agreement entered into by the ruler of any indian state with the government of india or by the terms of any enactment passed before the commencement of this act; (iii) the valiamma thampuran kovilagam estate and the palace fund administered ..... , and became part of the state of rajasthan and with a view to secure uniformity in the revenue laws in the new state of rajasthan as formed by section 10 of the states reorganisation act of 1956, the rajasthan tenancy act, 1955, and the rajasthan land revenue act, 1956, as in force in the pre-reorganisation state of rajasthan, with suitable modifications therein for making it applicable to the territories of erstwhile abu, ajmer and sunil areas, were extended by ..... the preliminary decrees for partition of them ..... chapter vi deals with the management of land and estate acquired under the act ..... of the extent of ceiling area which lawfully could be held by gopal singh were initiated under chapter iii-b of the rajasthan tenancy act, 1955. ..... and mortgagees, if any in the estate and their interest, area of the khudkasht intermediary on the date of vesting and other relevant particulars relating to the availability of the land to be allowed as khudkasht in terms of that chapter. .....
Tag this Judgment!Court : Rajasthan
Reported in : I(1996)DMC657; 1996(1)WLC179
..... similarly the nature of the rights of maintenance of persons and marriages covered by the special marriage act, 1955 and other similar enactments relating to the cases of the members of other different communities and the forum of exercise of such rights and for redressal of grievences may be known ..... proceedings of the following nature, namely :-(a) a suit or proceeding between the parties to a marriage for a decree of nullity of marriage (declaring the marriage to be null and void or, as the 'case may be, annulling the marriage) or restitution of conjugal rights or judicial separation or dissolution of marriage;(b) a suit or proceeding for a declaration as to the validity of a marriage or as to the matrimonial status of any person;(c) a suit or proceeding between the parties to a marriage with respect to the property of the parties or of either of them;(d) a suit or ..... high court may, of its own motion or otherwise, call for and examine the record of any proceeding in which the family court situate within its jurisdiction passed an order under chapter ix of the code of criminal procedure, 1973 (2 of 1974) for the purpose of satisfying itself as to the correctness, legality or propriety of the order, and as to ..... learned counsel for the non- applicant, raised a preliminary objection challenging the maintainability of this revision application under ..... the muslim women (protection of rights on divorce) act, 1986 was exercisable by a magistrate under the provisions of wakf act, 1954. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1981Raj98; 1980()WLN344
..... a division bench of this court, while considering the preliminary objections regarding maintainability of the special appeal for want of leave of the court as contemplated by section 18 (2) of the rajasthan high court ordinance, 1949 and section 57 of the act, in this special appeal observed as under:'a close reading of the above quoted sections reveals that in every suit or proceeding relating to a title to wakf property the court is bound to issue a notice to the board at the cost of the party instituting ..... he submitted that the suit out of which the second appeal arose and which was decided on july 9, 1969, related to the title of the wakf property and, therefore, in the absence of notice under section 57 (1) of the act, the decree passed should have been declared void and it was not open to the learned single judge to adjudicate the question whether the property in question is a wakf property or not. ..... by the learned single judge of this court, the board of muslim wakfs for rajasthan (hereinafter referred to as the board) through its chairman shri allahnoor chowdhary filed an application on september 8, 1969, under section 57(3) of the wakf act, 1954, (for short 'the act' hereafter) read with section 151 c. p. c. ..... chapter ii of the act deals with survey of wakfs, it contains sections 4, 5, 6, 7 and 8. ..... ' section 57 finds place in chapter vii and it deals with judicial proceedings. ..... ' chapter iv deals with registration of wakfs. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1985Raj104; 1984()WLN291
..... to show that the reference made in the arguments by the rival parties are not exhasutive and one had to keep in view that this particular branch of legislation under the broad caption of 'land-reforms' and, specially, irrigated areas and colonisation of them is a gigantic one and the legislative process have been mostly outwitted by the litigants, challenging them, based on the one or other article of the constitution which would become ..... land other than grove land, shall, subject to the exceptions contained in the provisos to sub-section (1), as from the date of the commencement of the rajasthan tenancy (amendment) act, 1979, hereinafter in this chapter referred to as the 'said date', become subject to the other provisions contained in this chapter, the khatedar tenant of that part of the land held by him in which he has not acquired khatedari rights under sub-section (1) or sub-section (1a), if before the ..... . in my considered opinion, the challenges have been made for creating the pretext or excuse against preliminary objection which could very well be anticipated regarding non-maintainability of the writ petitions due to the alternative ..... . the colonisation act 1954 which was enacted a little earlier to it but which was amended from time to time made even after the colonisation and ..... rajasthan colonisation act, 1954 (hereinafter referred to as the colonisation act') and the rajasthan tenancy act, 1955 (hereinafter referred to as 'the tenancy act') ,are the principal .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1962Raj112
..... the petitioner filed an application in the high court of jammu and kashmir challenging the decision of the government of india to retire him prematurely.a preliminary objection was taken up by the union of india that the high court had no jurisdiction to issue a writ or direction against the union government which had ..... respondents that tbe managing officer and the regional settlement commissioner are only executing the order of the settlement commissioner that was passed in exercise of his powers under section 24 of the act and this court should not issue a direction and stay the hands of these authorities for it should not do something indirectly which it could not do directly.15. ..... the jurisdiction of the settlement commissioner new delhi on the ground that after the execution of the deed of conveyance in favour of the petitioner, it was not competent for the authorities acting under the displaced persons (compensation and rehabilitation) act, 1954, (act no. ..... further, rule 34 inter alia provides that when a property is transferred to any person under chapter 3 of the rules, the property shall be deemed to have been transferred to him where such person had made an application for payment of compensation before 31st october, 1953, from the first ..... are not suits; they provide for extraordinary remedies by a special procedure and gives powers of correction to the high court over persons and authorities and these special powers have to be exercised within the limits set for them .....
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