Court : Rajasthan
Reported in : AIR1997Raj78
..... offences, appeals etc. section 187-a appears in this chapter.'22. learned counsel has also relied upon full bench decision, air 1951 nagpur 58 (sheoshankar v. state government of madhya pradesh), wherein it was held that advisory opinions or declaratory judgments on the constitutionality of legislation cannot be given apart from some concrete injury or ..... officer v. dr, mehar singh) for the proposition that section cannot be declared invalid on the ground of being violative of article 14 of the constitution of india as it does not contain any guidelines. it was held by the hon'ble supreme court that :-'section 244 contains sufficient guidelines to act thereunder. it is ..... in his writ petition, and in such situation, no declaratory decree can be obtained by invoking the jurisdiction under articles 226 and 227 of the constitution of india. he has submitted that if and when, any action is taken against the petitioner and in the opinion of the petitioner that the impugned action would be .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1973Raj13; 1972()WLN709
..... overlooks the capacity in which the devasthan commissioner has figured in the litigation. here the devasthan commissioner has figured as a litigant as an administrative limb of the state, when the assistant commissioner would be deciding the question, he would be acting as an administrative tribunal, quasi-iudi-cially. this course is permissible. i ..... is court-fee paid, insufficient ? (5) whether defendants 1 and 2 executed the agreements in plaintiff's favour under pressure and coercion ? (6) whether for reasons stated in para. 19 of the written statement of devasthan defendant no. 23. this court has no jurisdiction to entertain this suit ? (7) whether this temple is public trust ..... the temple which were in their custody as puiaris of the aforesaid temple and further refrain from performing the work of 'sewa 'pooia' in the temple.stated in brief the plaintiffs' case was that the temple belonged to the maheshwari community and was being managed through their panch as. the latter had employed .....
Tag this Judgment!Court : Rajasthan
Reported in : (2009)IVLLJ225Raj; RLW2009(3)Raj2029; 2009(3)WLN571
..... covers the present controversy and the hon'ble supreme court has rightly held that the federal bank ltd. is not a state and similarly the respondent bank being a private ltd. bank is also not a state within the meaning of article 12 of the constitution of india.49. he also referred to the provisions of sections 2(g), 3, 9, 17 ..... writ petition. three hon'ble judges of this court having taken different views as to whether the respondent-bank is a state under article 12 of the constitution of india relying on the judgment of supreme court in the case of federal bank ltd. v. sagar thomas and ors. (supra) and there been views of other high courts also ..... petitioner.3. preliminary objection was raised before the learned single judge by the respondent bank that the respondent-bank is not a state within the meaning of article 12 of the constitution of india as held by this court in the case of arjun singh rajpurohit v. bank of rajasthan and ors. s.b. civil writ petition no. 1536/2002, decided .....
Tag this Judgment!Court : Rajasthan
Reported in : (1995)IILLJ209Raj; 1994(1)WLC664
..... that document prejudices his defence.36. mr. singhvi has next drawn my attention to a decision of their lordships of the supreme : court in k.l. tripathi v. state bank of india (1984-i-llj-2), wherein it has been held as under :-pp.13-14'the basic requirement is that there must be fair play in action and the decision ..... and there cannot be any antedating of the risk coverage and the risk can be commenced only from the time the premium is paid or bank guarantee is provided.20. as stated above, in this case, the bank draft was obtained by the petitioner on february 12, 1979 and it was received by the branch office on february 14, 1979 and, therefore ..... general insurance manual issued by the respondent company, which have been quoted here-inabove. as stated above, the risk can only be covered either from the date the demand draft was obtained from the bank or the premium was paid to the respondent company or a bank guarantee was furnished. if anything contrary to it has been done, it has been .....
Tag this Judgment!Court : Rajasthan
Reported in : 1997(1)WLC239; 1996(2)WLN636
..... unless such orders and judgments are reversed or modified by the supreme court in exercise of its appellate jurisdiction under article 136 of the constitution of india.28. the orders and judgments pronounced by every high court are binding precedents within its territorial jurisdiction and beyond its jurisdictional limit such orders or decisions ..... notices were issued to the respondents. the respondents in pursuance of notices issued to them appeared before the court of learned executive magistrate and filed objections stating therein that they have not broken the water channel. they also denied existence of the water channel running from middle of khasra no. 748/1 belonging ..... civil authorities that under the scheme of constitution, every high court is apex court in each state or states as the case may be with powers conferred on it under articles 215, 226 and 227 of the constitution of india and as such, by necessary intendment, it follows that all the authorities, civil and judicial .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1987Raj83; 1987(1)WLN272
..... desirability of the quashing of a criminal proceeding initialed illegally, vexatiously or as without jurisdiction. learned counsel has also relied upon a judgment delivered by this court in baluram v. state, s. b. cr. misc. appl. no. 154/82 wherein an application under section 482 cr. p.c. was dismissed.36. we shall first quote and discuss the ..... three types of , jurisdiction, namely, appellate jurisdiction, power to correct the errors of subordinate courts and to lay down the law under article 141 of the constitution of india. it is submitted that the supreme court has held that there are no inherent powers vested in a court when there is specific bar against it and that being the ..... or the litigant himself is vigilant enough to keep in touch with his case, but most of the people who are illiterate and come to the court have to bank on the information they receive, the treatment they gel and the advice which is tendered to them by their counsel. it can also not be expected that each and .....
Tag this Judgment!Court : Rajasthan
Reported in : 1974WLN785
..... obdurate and unrelenting viciousness of mind and conduct of the offender may show the need for a severer sentence. 32. last case referred to is ediga anamma v. state of andhra pradesh : 1974crilj683 while referring to jagmohan singh's case : 1973crilj370 , krishna iyer j observed that that case adjudged capital sentence constitutional and whatever our ..... was made from the possession of mangoo ram s/o ratna-ram. these cartridges had the inscription on them as kf 'special long range cartridges' made in india. it may be recalled here that one of the nine empty cartridges recovered vide seizure memo ex p/12 had the same inscripon it similarly one of ..... was committed under a combination of circumstance and influence of motives which are not likely to recur either with respect to the offender or to any other; (7) the state of health and the sex of the delinquent. bentham mentions the following circumstances in mitigation of punishment which should be inflicted: (1) absence of bad intention: (2) .....
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