Court : Rajasthan
Reported in : RLW2005(1)Raj682; 2005(1)WLC548
..... nothing in article 243d, relating to reservation of seats for the scheduled castes, shall apply to the state of arunachal pradesh. ..... in order to give effect to the provisions of section 89 of the act of 1994, rules are framed by the state government known as rajasthan panchayati raj rules, 1996 (hereinafter referred-to as 'the rules of 1996 ..... ;(f) mobilising voluntary labour and contributions in kind or cash or both for the community welfare programmes;(g) promoting literacy, education, health and nutrition;(h) promotion of unity and harmony among all sections of the society in such areas;(i) seeking clarifications from the sarpanch and members of the panchayat about any particular activity, scheme, income and expenditure;(j) identification and approval of development works in order of priority from out of the works recommended by the ..... air 1990 sc page 2228), upon the establishment of the kerala water authority under the kerala water supply and sewerage act, 1986 all the functions of public health engineering department were also transferred to the said authority ..... . engineer-in-chief, cpwd (1986(1) scc page 639), the apex court having found that the petitioners were employed by the cpwd on daily wage basis and have been working for several years directed the respondents to ..... (1986(1) scc page 637), nehru yuvak kendra, dehradoon engaged number of persons as casual workers on daily wage basis and though they were doing the same work as is being performed by class iv employees for not .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2009(4)Raj3201
..... (1999) 4 scc 656 the hon'ble supreme court held thus:0n the question of jurisdiction, the learned single judge held that the communication of the wireless massage to the respondent at itanagar, arunachal pradesh was a part of the cause of action for filing the writ petition and, therefore, the writ petition filed in the guwahati high court was maintainable under article 226(2) of the constitution ..... in section 10f is a definite forum determined by the provisions of the act and not by the regulations framed by the company law board under section 10e(6) or the place of its sitting ..... a temporary bench of the high court of rajasthan at jaipur but eventually exercising the power conferred by sub-section (2) of section 51 of the act the president on january 31, 1977 issued an order which reads as under:in exercise of the powers conferred by subsection (2) of section 51 of the states reorganization act, 1956 (37 of 1956), the president, after consultation with the governor of rajasthan and the chief justice of the high court of rajasthan, is pleased to make the following ..... place;(iii) in sales tax matters where the sale of relevant transaction took place;(iv) in revenue matters where the land in question is situated;(v) in irrigation matters where the land is situated;(vi) in state excise matters where the excisable commodity is manufactured or sold;(vii) in service matters where the person concerned has served or where the employer department where he served is based,(viii) in company .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2007(2)Raj1169
..... to jaisalmer, but since there was paucity of work and keeping in view the larger interest of the organisation, the unit to which the petitioner was transferred, along with five other units, has been shifted to arunachal pradesh and therefore, not only the petitioner has joined at arunachal pradesh but all the persons who were posted to the unit 337 spl/95 rcc (p) chetak have joined at arunachal pradesh. ..... during his service tenure, the petitioner was posted to various places and performed duties at bhutan, j & k, uttar kashi, mijoram, arunachal pradesh etc. ..... various places vide movement orders annex.r-7,r-8 and r-9 and therefore, the petitioner has not been discriminated in transferring him from bikaner to jaisalmer and on movement of unit from jaisalmer along with other five units to arunachal pradesh.7. ..... spl/95 rcc (p) chetak, which is a non-static formation but it has moved to arunachal which is a static formation and at any rate, the petitioner has joined the unit at arunachal which is a static formation. ..... spl/95 rcc (p) chetak, along with five other units moved to arunachal and therefore, instead of directing the petitioner to join at jaisalmer, he was directed to join the unit at arunachal. ..... be that as it may, the order of transfer has been executed and acted upon as back as in the month of may 2006.9. ..... in compliance of the transfer order, it is stated by learned counsel for the petitioner that the petitioner has joined the new unit i.e ..... at arunachal in the month of november, 2006 .....
Tag this Judgment!Court : Rajasthan
Reported in : [1994]207ITR632(Raj); 1994(1)WLC510
..... union territory of arunachal pradesh : 1988crilj1803 the apex court has held as under (at page 1732) :'quick justice is a sine qua non of article 21 of the constitution. ..... not only that, the prosecution also lodged against the partners for offences under section 277 read with section 278 of the income-tax act, 1961, as well as section 477a of the indian penal code, and complaint to this effect was filed in the court of munsif and judicial magistrate, barmer, in december, 1977. ..... after the filing of the complaint, 14 long years have been taken by the court only in the framing of the charges and that too the accused petitioners were discharged for the offences under section 277 read with section 278 of the income-tax act and only framed the charges against the accused petitioners for the offence under section 277 of the income-tax act. ..... miscellaneous petitions are directed against the order of the special judicial magistrate (economic offences), jaipur, dated august 17, 1991, whereby the charges have been framed against the petitioners for the offence under section 277 of the income-tax act, 1961. ..... state of rajasthan (rcc, march, 1992, page 127). .....
Tag this Judgment!Court : Rajasthan
Reported in : 1989WLN(UC)30
..... of arunachal pradesh 1988 ..... the evidence, but it appears that since the evidence has not been completed despite the fact that two more years have elapsed the petitioners have approached this court in this application under section 482, cr.p.c.4 it is contended by the learned counsel for the petitioners that in the circumstances of the case continuance of the proceedings is an abuse of the process of the court in as much as 10 years have ..... witnesses these two boys who are residents of a village situated in a remote corner went in the office of the complainant and asked for the forms but mool chand refused stating that they do not fall within the prescribed rules it is not stated by any of the witness that these boys came armed in the office and misbehaved initially, i cannot conceive of that the boys of 15-16 years staying in a remote ..... thus, there is inordinate delay of a decade in proceeding with this criminal prosecution for offence under sections 332 and 451, ipc where even if the entire case is proved neither of the accused can be punished in view of section 6 of the probation of offend us act, even though they may be convicted and, therefore, relying on the decision of their lordships of the ..... to be 17 and 16 years respectively, meaning thereby on the date of commission of the crime they were of an age by which their cases were covered for being dealt with under the provisions of rajasthan children act and no jurisdiction vested in the regular courts to take cognizance. ..... 1986 .....
Tag this Judgment!Court : Rajasthan
Reported in : 2003(2)WLN55
..... the case had been that the gauhati high court had no jurisdiction to entertain the writ petition as no cause of action had arisen, even partly, within its territorial jurisdiction and receiving the message in arunachal pradesh to appear before the cbi authority at bombay did not give rise to the cause of action, even partly.16 ..... a fact, which does not have any direct relevance with the lis but is made to occur only to defeat to statutory provisions of section 20(c) of the code in order to deprive the court which must have territorial jurisdiction over the subject matter of the suit, should not be accepted for the reason that the act has knowingly or purposely been performed to harass the defendant and deprive the court which has territorial jurisdiction over ..... ., : air2000sc2966 , the hon'ble supreme court while considering the provisions of clause (2) of article 226 of the constitution, observed as under:in legal parlance the expression 'cause of action' is generally understood to mean a situation or state of facts that entitles a party to maintain an action in a court or a tribunal; a group of operative facts giving rise to one or more basis for suing; a factual situation that entitles one person to obtain a remedy in court from ..... . state of andhra pradesh, : 1996crilj3237 ; raipur ..... . 'cause of action' is stated to be the entire set of facts that gives rise to an enforceable claim; the phrase comprises every fact, which, if traversed, the plaintiff must prove in order to obtain .....
Tag this Judgment!Court : Rajasthan
Reported in : 1988WLN(UC)567
..... a perusal of the aforesaid cases leads to as irresistible conclusion that the accused has a right to be heard and his this right is very valuable right which is not taken away by either any express provision of law or by implication of the same that before appointing amicus curiae it must be ensured that he is a proper and competent person who can assist the court and protect the interest of his client. ..... union of territory of arunachal pradesh : 1986crilj1084 , khatri and ors. v. ..... state of rajasthan (supra) in a full bench reference to which i was a member after reviewing the entire case law and discussing as many as 58 judgments of various courts answered the reference made by the learned single judge and categorically held that power of re-call is different than the power of altering or reviewing the judgment and the powers under section 482 cr.pc can be and should be exercised by this court for re-calling the judgment in case the hearing is not given ..... it was the court which called a counsel sitting in the court to get up and argue the case and it was on the same day that my learned brother heard it. ..... he submitted that in the instant case no substantial injustice has been caused to the accused, since the act committed by him was quite heinous in as much as it was a case of nose cutting. ..... sajjan singh, amicus curiae, appointed by him on january 2, 1986, that he could contact his client who was living in a remote area and seek instructions from him.15. .....
Tag this Judgment!Court : Rajasthan
Reported in : 2000(2)WLC586; 2000(2)WLN210
..... the absence of any working plan in any particular state, such as arunachal pradesh, where the permit system exists, the felling under the permits can be done only by the forest department of the state government or the state forest corporation.6. ..... be removed by the lessee within 15 days of date of expiry or surrender or receipt of the order of determination of lease:provided that if the mineral is not removed within the aforesaid period of 15 days the mineral shall belong to the state and the mining engineer/assistant mining engineer of the area may dispose it of either by public auction, by beat of drum or by direct sale at the rate prevalent in the adjacent area.18. ..... deforestation which ultimately results in ecological imbalance, the apex court observed that the provisions made therein for the conservation of forests and for matters connected therewith, must apply to all forests irrespective of the nature of ownership or classification thereof, and the word 'forest' must be understood according to its dictionary meaning which covers all statutorily recognised forests, whether designated as reserved, protected or otherwise for the purpose of section 2(i) of the act, 1980. ..... and minerals already excavated but lying at respective sites before the closure of the mining operations or after expiry period of their lease, and in this regard the learned counsel placed reliance upon the provisions contained in rule 18 (22) of the rajasthan minor mineral concession rules, 1986 (for short. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1992CriLJ2620; 1991WLN(UC)415
..... union territory of arunachal pradesh (1988) 3 jt 342 : 1988 cri lj 1803, the supreme court has observed (at page 1806 (of cri lj)) :--quick justice is a sine qua non of article 21 of the ..... some of the relevant provisions in this connection may be referred :--i) section 157(i) case a duty on the officer in charge of the police station to proceed forthwith to the spot, to investigate the facts and circumstances of the case and, if necessary, to take measures for the discovery and arrest of the offender.ii) section 167(2) is pointer to the legislative mandate and it plainly envisages that investigation, in cases of serious offences, to be completed within 90 days and in lesser ones in 60 ..... state, air 1986 pat 324 : 1986 cri lj 1771 (full bench ..... air 1988 sc 1106, the accused persons were prosecuted under section 85 of the gold (control) act, 1968. ..... high court had dropped the proceedings on the premise that the acquittal of the accused in the former proceedings under section 111 read with section 135 of the customs act, 1962 operated as a legal bar to the prosecution of the accused in the latter proceedings under section 85 of the gold (control) act, 1968. ..... air) :--the question whether the right to a speedy trial which forms part of the fundamental right to life and liberty guaranteed by article 21 has been infringed is ultimately a question of fairness in the administration of criminal justice even as 'acting fairly' is the essence of the principles of natural justice (in re h.k. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1990WLN(UC)189
..... union territory of arunachal pradesh : 1988crilj1803 again had an occasion to consider the case where the trial in the case of an offence under sections 279,304a and 338, i.p.c ..... the supreme court quashed the proceedings by holding that quick justice is sine qua non of article 21 of the constitution of india and keeping a person in suspension state for 9 1/2 years without any cause at- all, cannot be with the spirit of the procedure established by law. ..... the police for further investigation and the police, after necessary investigation, presented a challan in the court of the additional munsif and judicial magistrate, sri ganganagar, on february 13, 1981 for offences under sections 420 and 406, i.p.c. ..... complaint was filed by one shri ram niwas on december 12, 1980 under sections 420 and 406, i.p.c. ..... looking to the nature of the act, alleged to have been committed by the accused-petitioner, and the other attending circumstances, i am of the opinion that it is an abuse of process of the court in allowing the proceedings to continue in the trial court.6 ..... made-out and he, therefore, framed the charge against the petitioner only under section 406, i.p.c. ..... the time of framing the charge, the learned magistrate came to the conclusion that no charge under section 420, i.p.c. ..... : [1986]3scr562 and the supreme court came to the conclusion that if an accused is not tried speedily and his case remains pending before the magistrate or the sessions judge for unnecessary and unreasonable time, it is .....
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