Court : Rajasthan
Reported in : RLW2007(4)Raj3512
..... it was further held that in view of specific provision in rule 375 of the rajasthan high court rules, 1952, the provisions of code of civil procedure are not attracted,24. ..... submits that had the notification dated 29-11-2006 and corrigendum issued by the rpsc dated 30-11-2006 and the amended proviso 2nd to rule 266 of the rules of 1996 been not there, none of the petitioners would have been eligible even to apply for the post in question much less their appearing in the competitive examination and these are the notification dated 29.11.2006, corrigendum dated 30-11-2006 and the proviso 2nd to rule 266 of the rules of 1996 which allowed the petitioners to apply for ..... it was further held that it is not within the legitimate domain of the court to determine whether the purpose of a statute can be served better by adopting any policy different from what has been laid down by the legislature or its delegate and to strike down as unreasonable, a bye-law merely on the ground that the policy enumerated therein does not meet the approval of the court in regard to its efficaciousness for implementation of the object and purposes of the act.29. ..... (supra), a notification was issued by the kerala high court for appointment on the post of munsiff magistrate prescribing rule 7 for holding of examination, written and oral. ..... high court of kerala and ors. ..... high court of kerala and ors. ..... high court of kerala and ors. .....
Tag this Judgment!Court : Rajasthan
Reported in : 2008ACJ473; AIR2007Raj147; RLW2007(4)Raj3022
..... it has thus been held that a special appeal against the judgment or order of a single judge in an appeal preferred under section 173 of the motor vehicles act is maintainable and the amended provision of section 100a of the code of civil procedure introduced by the code of civil procedure (amendment) act, 2002 has no impact on the power of a division bench to entertain and adjudicate the same.5. ..... the full bench of the kerala high court noticed that the intention of the leg-islature by enacting section 100a was to abolish an intra-court appeal to the bench of two judges of the same high court from a decision rendered by a single judge, it held that section 100a of the code of civil procedur would prevail over the provisions contained in section 5 (ii) of the kerala high court act. ..... the full bench of kerala high court has thus held that the right of further appeal as provided under section 5 (ii) of the kerala high court act stands abrogated by section 100a of the civil procedure code w.e.f ..... dutta 2006 air scw 4594 (supra), the supreme court noticed the full bench decisions of the andhra pradesh high court and kerala high court in gandla pannal bhulaxml air 2003 ap 458 and kesava pillai sreedharan pillai air 2004 kerala 111, respectively and accepted the legal position expostulated therein that the right of appeal available under the letters patent is taken away by section 100a of the code of civil procedure even in respect of the matter arising under special enactments having force .....
Tag this Judgment!Court : Rajasthan
Reported in : [2003]43SCL644(Raj); 2003(2)WLC374; 2003(1)WLN142
..... even otherwise, in view of the provisions of section 89 of the code of civil procedure, 1908 (for short, 'the code'), which has been inserted by the code of civil procedure (amendment) act, 1999 w.e.f, 1-7-2002, wherever it appears to the court that there exists element of settlement which may be acceptable to the parties, the court shall formulate the terms of the settlement and given them to the parties for their observation and after receivingobservations of the parties, the court may formulate the terms of possible settlement and refer the same for arbitration, conciliation, mediation or judicial settlement including settlement through lok ..... subsequently, plaintiff/non-petitioner filed an application under section 20 of the act before the civil court praying that the dispute between the parties remained unresolved and thus it be referred to the arbitrator as per the terms of agreement dated 15-2-1988, which has been allowed vide impugned order dated 7-5-1994. ..... state of kerala[2000] 10 scc 351, the hon'ble supreme court considered a case where an application under section 20 of the act for making a reference had been allowed by the court despite cancellation of arbitration clause by the parties by a subsequent agreement. ..... a full bench of kerala high court in state of kerala v. c. ..... in state of kerala v. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR2003Raj313
..... however, by the code of civil procedure (amendment) act, 1999 (for short, 'the act, 1999'), the said provision stood amended to the effect that the period can be extended by the court not exceeding thirty days in total section 32 of the amendment act, 1999, providing for repeal and saving, does not save anything, so far as section 148 of the code is concerned. ..... the provisions of order 6, rules 17 and 18 of the code were sought to be repealed by the provisions of section 16 of the act, 1999, but by virtue of the provisions of section 7 of the code of civil procedure (amendment) act, 2002 (for short, 'the act, 2002'), they have been substituted and in language, there is not much substantial difference which may have any bearing on the instant case. ..... at a later stage, an application under order 6, rule 17 of the code of civil procedure, 1908 (for short, 'the code') was filed stating that the petitioner stood retired from service during pendency of the suit and regarding commencement of business by him along with his son in the suit premises. ..... if there is any technical defect, it should be rectified by the court under section 148 or 151 of the code of civil procedure. ..... padmanabha pillai, air 1958 kerala 88; thayyan padayachi v. ..... siddiquan, air 1957 all 558; kathyee cotton mills v. r. .....
Tag this Judgment!Court : Rajasthan
Reported in : 2001(3)WLC419; 2003(1)WLN255
..... though incidentally, the impugned amendments trenches upon some of the provisions of the evidence act, the indian penal code, the code of criminal procedure and the code of civil procedure, in pith and substance, it is within the integral scheme of the act, which, in our opinion, falls within entry-8, read with entries 64 & 65 of list-ii of the seventh schedule to the constitution, and under article 246(3), state legislature was competent to enact the amendment act.27. ..... briefly put, the contentions urged on behalf of the petitioners in this group of matters challenging the vires of the aforesaid provisions have been that:(a) amended provisions are repugnant to the provisions of the code of criminal procedure and the code of civil procedure. ..... in our opinion, the jurisdiction of the civil courts, has rightly been excluded under section 9-b of the act, and the same is in consonance with the provisions of section 9 of the code of civil procedure, to which, we have already referred in the preceding paragraphs. ..... therefore, by operation of proviso to clause (2) of article 254, the amendment act prevails over the relevant provisions in the indian evidence act, ipc and the code, in relation to the state of kerala.it was argued by the learned counsel for the petitioners that the impugned amendment trenches upon some of the provisions of evidence act, ipc and cr.p.c. ..... state of madras, 1957 s.c. .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2003(2)Raj1134; 2002(4)WLC530; 2002(5)WLN618
..... thus, the existence of a 'substantial question of law' is sine qua non for the exercise of the jurisdiction under the amended provisions of section 100 of the code of civil procedure.37. ..... moideen (1 (2001) clt 426) and in that case, the kerala high court, after considering the scope of section 100 cpc, came to the conclusion that in terms of section 100 of the code of civil procedure, this court can also raise any other substantial question of law that may arise in the light of the arguments addressed before it.35. ..... it may be stated here that proviso to sub-section (3) of section 13 of the rent control act was added through amendment in 1976 by which it has been categorically mentioned that while determining the amount under sub-section (3) of section 13 of the rent control act, the court shall not take into account the amount of rent which was barred by limitation on the first date of hearing of the suit, but this amendment came into force through rajasthan premises (control of rent & eviction) (amendment) ordinance 1975 (raj. ..... on 1-9-1975 for determination of rent under section 13(4) (old) of the rent control act, but the court did not determine the rent under the provisions of section 13(4) (old) of the rent control act and further observed that it hardly required any order from the court and, therefore, in these circumstances, the defendant appellant deposited the amount of rent, which was claimed by the plaintiff in his plaint excluding time barred rent.18. .....
Tag this Judgment!Court : Rajasthan
Reported in : 2001(3)WLC325; 2001(4)WLN480
..... from a plain reading of section 11 of the act, there are essentially three methods to secure the appointment of an arbitrator;(i) parties may agree for a procedure for appointment of arbitrators; (ii) if the parties do not reach such an agreement, sub-section (3) provides a mechanism for appointing the three member arbiterwithout the request made to the chief justice or any person or institution designated by him. ..... in my opinion, once the party failed to act in accordance with the agreed procedure of appointing arbitrator, the chief justice or the person designated by him is required to appoint arbitrator after taking into consideration the provisions of the section 11 of the act.(7). ..... notices were issued to the non- applicant of the said application, but before the said application could be disposed of, the amendment in the scheme of 1996 came into effect from 12.2.2001 and for the subject matter of the dispute being of the value of more than rs. ..... the applicant on expiry of the period stipulated in the order dated, 27.11.2000, made another application u/sections 10 and 11 of the act for appointment of an arbitrator before the district judge in civil miscellaneous case no. ..... again, the applicant firm on the expiry of the period stipulated in the above order, made application u/section 10 and 11 of the act for appointment of an arbitrator before the district judge in civil miscellaneous case no. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR2000Raj228
..... it may be noticed here that present suit has been filed before code of civil procedure was amended in 1976 by the code of civil procedure (amendment) act 1976 (hereinafter called the act of 1976) and ordinarily an act operates prospectively in the matter of procedure would not effect the proceedings which has come into force prior to commencement of new act, unless contrary is provided by statute, either expressly or by necessary implication.10. ..... therefore it must be taken to be legislative mandate that amended provision of the code of civil procedure so far as section 11 is concerned govern the present proceedings.11. ..... 'now, the rule of resjudicata as indicated in section 11 of the code of civil procedure has no doubt some technical aspects, for instance the rule of constructive res judicata may be said to be technical, but the basis on which the said rule rests is founded on considerations of public policy. ..... it must be noticed that finding given about the effect of decision given by court of limited jurisdiction on the question its binding nature as res judicata in subsequent suit, as per explanation viii to section 11 of the code of civil procedure has received final pronouncement by the apex court.13. ..... on the other hand the high courts of kerala. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1998CriLJ612; 1998(1)WLC90; 1997(2)WLN375
..... . the court observed as under :if the parliament says that sentence of prisoners convicted for the offences under the narcotics act shall not be suspended or remitted, it cannot be said that the classification between the prisoners convicted for the offences punishable under the narcotics act and the prisoners convicted under the indian penal code, customs act or under any other law for the time being in force is, in any way, unreasonable ..... . instead of attempting to take a holistic view of the harmful socio-economic consequences and health hazards that would accompany trafficking illegally in the dangerous drugs, the court should implement the law in the spirit with which the parliament, after the deliberation has amended.the division bench of this court in the case of anwar v ..... . state 1992 (1) crimes 1221 (fb), it was held by the kerala high court that the high court has no power to suspend the sentence passed on an accused convicted of an offence under the ndps act, during the pendency of his appeal or revision, unless it relates to the offence under section 27 of the act ..... . it was observed that article 21 forbids deprivation of personal liberty except in accordance with the procedure established by law and curtailment of personal liberty to such an extent as to be a negation of it would constitute deprivation ..... . the first part of article 14, which was adopted from the irish constitution, is a declaration of equality of the civil rights of all persons within the territories of .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1996Raj119; 1996(1)WLC1
..... (2) the provisions of order 41, rule 3-a of the code of civil procedure are not mandatory and, therefore, filing of an application under section 5 of the limitation act, 1963 for condonation of delay in filing the appeal at a later stage is permissible. 23. ..... on a careful consideration of the case law on, the point and the aims and objects of amending the civil procedure code extensively in 1976, it was observed :-- 'the object of inserting rule 3-a(1) in order 41 was to put an end to the practice of admitting of appeal subject to the decision on the question of limitation. ..... both the high courts, kerala and karnataka had again the occasion to consider the provisions of order 41, rule 3-a of the civil procedure code and a division bench of the kerala high court held in maya devi v. m. k. ..... the decisions of the karnataka and kerala high courts overruling the decisions noted by the learned judge were not pointed out to the learned judge and hence a dissent was recorded. ..... the division bench of the kerala high court has observed thus :-- 'rule 3-a of order 41, is intended only to emphasize that if an appeal mad been filed out of time before the appeal is taken up for consideration the question of delay must be considered before any other order is passed in the appeal. ..... however, the learned judge observed this while considering the division bench judgment of the kerala high court reported in 1963 ker lt 455 and expressed his misgivings about the principle of law. .....
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