Court : Rajasthan Jodhpur
..... entry 44 of list iii, concurrent list, of the viith schedule read with article 254 of the constitution empowers the state legislature to amend the indian stamp act, 1899 ..... . the indian stamp act, 1899 provides the power to prescribe stamp duty on instruments, ..... . after elaborate survey of the amendments made by the state legislature by local amendment to the stamps act under section 47-a, this court had held that the market value shall be determined only on the basis of the evidence adduced by the claimant and in rebuttal thereof by the state, as to the prevailing market value of that particular ..... case may be, shall take into consideration- (a) the market value of the land on the date of publication of the notification under section 3-a; (b) the damage, if any, sustained by the person interested at the time of taking possession of the and, by reason of the severing of such land from other land; (c) the damage, if any, sustained by the person interested at the time of taking possession of the land, by reason of the acquisition injuriously affecting his other immovable property in any manner or his earnings; (d) if, in consequences of the acquisition of the land, the person interested is compelled to change his residence ..... . state of punjab held that mutation entries of the land transactions in the revenue records are not evidence unless the parties to the transactions have been examined in proof of ..... state of punjab & ors. ..... state of punjab & ors. ..... state of punjab & anr. vs ..... state of punjab .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... in this court.findings and reasons of 23.having heard the learned counsel for the parties andgiven my thoughtful consideration to the rival submissions and the judgments cited at the bar, this court is of the considered and firm opinion that not only the principle of promissory estoppel and legitimate expectation are attracted in the present case, but also the petitioner got a sort of vested right in receiving incentive in the form of increased rebate/subsidy under the amending notification dtd.2.12.2005 inserting clause 7(vi) and (vii ..... according to the legal definition of the term promissory estoppl, section 115 of the indian evidence act 1872 reads as follows; when one person has, by his declaration, act or omission, intentionally caused or permitted another person to believe such a thing to be true and act upon s.b. ..... retrospective effect and the same did not and could not, in any way affect the rights and entitlements of cement units which had already come into existence before 28.04.2006 and exercised the option for availing benefits under notification dated 2.12.2005, as in the first case and also in respect of second expansion where after registering options, the petitioners had taken effective steps to implement the same and obtained even concession towards stamp duty before s.b. ..... state of punjab vs. .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... 2(o) of the act but it can also be construed to be `trader' dealing with `goods' and on account of defective `goods' or `defect in services', the district forum and the state commission have rightly directed the jodhpur development authority either to handover the vacant possession of the plot of land to the complainant and also to pay damages and in the alternative to allot alternative plot of land to the complainant on the same terms.16.i have heard the learned counsels at length, perused the recordof the case, relevant provisions of the enactments and the judgments cited at the bar.17.the ..... . judgment dt: 11/10/201152/53question allotted to the respondent complainants or in the alternative allot alternative plot of land of same size in same locality at same price and hand over the same to the respondent complainants within three months, the matter may be placed before this court in january 2012 for initiating appropriate action against the officials of petitioner jda & for this purpose the matter shall be treated as pending.40.the writ petitions are accordingly dismissed ..... 771 vide allotment letter ex.3 dated 26/3/2004.in the said allotment letter dated 26/3/2004, the uit, jodhpur clarified that after developing roads and removal of encroachment from the plot of land in question, the demarcation of exact location of plot would be made and as a result of that site plan attached with the lease deed may also require amendment which will be acceptable to the allottee. .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... the act of 2000 as amended by act ..... of section 41 of the act of 2000 empowers the court to allow appellant/parents to adopt a child of same sex irrespective of the number of living biological sons or daughters, the embargo envisaged under clause (ii) of section 11 of the act of 1956 is to yield before the act of 2000 as it is a special legislation and the act of 1956 is a ..... its institutions or voluntary organizations in each district as specialised adoption agencies in such manner as may be prescribed for the placement of orphan, abandoned or surrendered children for adoption in accordance with the guidelines notified under sub-section (3): provided that the children's homes and the institutions run by the state government or a voluntary organisation for children in need of care and protection, who are orphan, abandoned or ..... the ratio of the another judgment of bombay high court in indian association for promotion of adoption and child welfare and christopher drury and shenz drury, wherein it was held that a couple already adopted one girl child is entitled to adopt another girl child under the act reported in 1 fap 1/2012 decided on january 13, 2012 ..... the 2000 act is held to be inconsistent with the 1956 act, when passing the later act parliament impliedly amended the hindu adoptions and maintenance act, 1956, to permit adoption of children in the specified subclass, irrespective of whether a person has children of the ..... court of punjab and haryana, while relying on the decision of bombay .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... since, the act of the accused constituted offence under chapter-4 of the drugs and cosmetics act as well as under the indian penal code, therefore, a charge-sheet can very well be laid for both these offences and the accused can be tried jointly for these offences at one trial. ..... while considering an application for bail are: (i) whether there is any prima facie or reasonable ground to believe that the accused had committed the offence; (ii) nature and gravity of the accusation; (iii) severity of the punishment in the event of conviction; (iv) danger of the accused absconding or fleeing, if released on bail; (v) character, behaviour, means, position and standing of the accused; (vi) likelihood of the offence being repeated; (vii) reasonable apprehension of the witnesses being influenced; and (viii) danger, of course, of justice being thwarted by grant of bail. ..... the offence under section 17b of the act is punishable under section 27 of the drugs and cosmetics act and is punishable with a minimum punishment of 5 years and may extend to life term also as per the amendment brought about in the year 2009. ..... the analysis report dated 6.7.2012 was 3 received and it was found that the presence of the life saving salt was not found at all in the injections. ..... state of punjab reported in air 198.sc-1632. .....
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..... a bare reading of the show cause notice indicates that the cause made out against the firm / petitioner qua order dated 25.4.2012 was : (a)- purchase of non-judicial stamps on 23.3.2012 before incorporation of the company on 26.3.2012; (b)- application for transfer was filed on 28.3.2012 and the affidavit alongwith the application was notarized on 31.3.2012 and resolution regarding transfer by the board of directors of the company was passed on 30.3.2012; (c)- the agreement was executed on rs.100/- stamp paper when the same should have been executed after payment of stamp duty and should have been ..... 15 i , #, " " # 25.04.2012 , 1986 72 , , ," 6 t, , , p " the secretary held that the reply of the company was an afterthought and was not satisfactory and therefore, could not be accepted, as a amended reply has been filed by the department in pending wp no.404/2013 and violation of rule 15 of the rules was apparent, the transfer order dated 25.4.2012 was declared void under rule 72 of the rules and the mining lease was 16 cancelled. ..... in the indian law to warrant the assumption that a shareholder who buys shares buys any interest in the property of the company which is a juristic person entirely 30 distinct from the shareholders. ..... since the board of directors of the company passed the resolution on 30.03.2012 in regard to transfer of the said lease, therefore, any act pertaining to the transfer prior to the resolution dated 30.03.2012 shall be null and void and also ..... vide punjab seb .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... , that in compliance of the order dated 27.02.2012 the state government under section 15 of the mmdr act issued notification dated 19.06.2012 and made necessary amendment in the rules of 1986 while incorporating all the recommendations of the moef of march 2010 and also model guidelines of ministry of mines, government of india and also placed the same before the hon'ble apex court. ..... therefore, there is a need for an effective and protective central legislation which will not only protect the environment in a particular area but the entire indian territory.74. ..... registered qualified persons (approved by the state government/indian bureau of mines). ..... it has recently been observed by punjab and haryana high court in its order dated 15.5.2009 that state government are apparently granting short term permits by dividing the mining area into small zones in effect avoids environmental norms. ..... the union ministry of mines along with indian bureau of mines and respective state governments should therefore make necessary provisions in this regard under the mines and minerals (development and regulation) act, 1957, mineral concession rules, 1960 and adopt model guidelines to be followed by all states. .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... the criminal law (amendment) bill, 2103 seeks to amend the indian penal code, 1860, the criminal procedure code, 1973, the indian evidence act, 1872 and the protection of children from sexual offences act, 2012 ..... the relevant portion from the statement of objects and reasons to the criminal law (amendment) bill, 2012 can be reproduced as under : the criminal law (amendment) bill, 2012 was introduced in the lok sabha on 4th december, 2012 in order to provide for stringent punishment for crimes against women, as also to provide for more victim friendly procedures in the trials of such ..... provided that when the inquiry or trial relates to an offence under sections 376 to section 376 d of the indian penal code (45 of 1860), the inquiry or trial shall, as far as possible, be completed within a period of two months from the date of commencement of the examination of witnesses. 7/43 s.b. ..... no.8610/2013 provided that when the inquiry or trial relates to an offence under sections 376 to 376d of the indian penal code, the inquiry or trial shall, as far as possible, be completed within a period of two months from the date of filing of the charge sheet. .. ..... bail application no.8610/2013 under the indian constitution in defense of human rights, the supreme court and high courts in india have a late evolved the practice of awarding compensatory remedies not only in terms of money but also in terms of other appropriate reliefs ..... state of punjab, (1999) 6 scc754 (5) supreme court legal aid committee .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... the criminal law (amendment) bill, 2103 seeks to amend the indian penal code, 1860, the criminal procedure code, 1973, the indian evidence act, 1872 and the protection of children from sexual offences act, 2012 ..... the relevant portion from the statement of objects and reasons to the criminal law (amendment) bill, 2012 can be reproduced as under : the criminal law (amendment) bill, 2012 was introduced in the lok sabha on 4th december, 2012 in order to provide for stringent punishment for crimes against women, as also to provide for more victim friendly procedures in the trials of such ..... provided that when the inquiry or trial relates to an offence under sections 376 to section 376 d of the indian penal code (45 of 1860), the inquiry or trial shall, as far as possible, be completed within a period of two months from the date of commencement of the examination of witnesses. 7/43 s.b. ..... no.8610/2013 provided that when the inquiry or trial relates to an offence under sections 376 to 376d of the indian penal code, the inquiry or trial shall, as far as possible, be completed within a period of two months from the date of filing of the charge sheet. .. ..... bail application no.8610/2013 under the indian constitution in defense of human rights, the supreme court and high courts in india have a late evolved the practice of awarding compensatory remedies not only in terms of money but also in terms of other appropriate reliefs ..... state of punjab, (1999) 6 scc754 (5) supreme court legal aid committee .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... the argument raised by learned senior counsel in the present case that the allegation of rape is not corroborated by medical evidence and also the argument that even if the allegations are taken on their face value and the accusations as levelled under the three different enactments of juvenile justice act and protection of children from sexual offences act, 2012 as also under the indian penal code are not made out, was also dealt with while dismissing the firs.bail application. ..... thus, the said allegation is covered under the definition of penetrative sexual assault given in section 3(d) of the aforesaid act as well as under section 375 (a) ipc of the amended act of 2013. ..... versus state of rajasthan) vide common order dated 8.11.2013 directing the trial court to proceed with the trial on day to day basis till its conclusion in view of section 309 of the cr.p.c.amended by the parliament vide the criminal law (amendment) bail, 2012 i.e.bill no.63 of 2013 that in a case of rape, every trial must be concluded within a period of two months from the date of filing the charge-sheet while observing as under:- one of the accused in the present case, is perceived as a godman and wields a lot of influence as he is having ..... reliance was placed on the judgment rendered by hon'ble the apex court in the case of gurbuksh singh sibbia etc.versus state of punjab, reported in (1980).supreme court reports 383 to contend that it is indisputable . .....
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