Court : Rajasthan
Reported in : 1996CriLJ3086; 1996(2)WLC745; 1996(1)WLN170
..... these two powers do not vest with the court and, therefore, the language of section 32a of the act which speaks of suspension, remission, and commutation of sentence clearly shows that it relates only to the govt. .....
Tag this Judgment!Court : Rajasthan
Reported in : (2005)197CTR(Raj)401; [2006]280ITR168(Raj)
..... the conclusions arrived in the light of the provisions referred hereinabove, firstly, that under the defence of india rules, 1962, and then thereafter under the gold control act, 1968, the ownership of gold in question ceased to vest in the assessee on 30th april, 1966 and it did not belong to assessee, so as to be valued on each successive valuation dates, but he has only a right to get the money realised or money's worth if the primary gold was ..... date or to take its discounted value to be value of assessee's asset, only because of its title being disputed by gunwant lal, on the respective valuation dates, cannot be sustained inasmuch, as on respective valuation dates, ownership in gold did not vest in either of them and it did not belong to either of them. ..... 'ownership' in a most significant denomination has been described by jurisprudence pundits to mean 'that a person have, any right that is vested in him by law, and he may use it according to its own. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1973Raj116
..... of the act has power to revise the order of the debt relief court only on any one of the following three grounds:(a) that the order is contrary to law; (b) that the court has exercised a jurisdiction not vested in it by law or has failed to exercise a jurisdiction vest-ed in it by law; (c) that the instalments fixed under sub-section (3) of section 11 are inequitable. .....
Tag this Judgment!Court : Rajasthan
Reported in : (2002)175CTR(Raj)53
..... section 21 in very nature of this is not attracted inasmuch as for the applicability of section 21 the beneficial ownership must vest in individual, huf or company. .....
Tag this Judgment!Court : Rajasthan
Reported in : [2005(104)FLR315]; (2005)ILLJ842Raj; RLW2004(4)Raj2579; 2004(4)WLC165
..... lodha, learned counsel for the union of india that even otherwise the provisions of section 75(2-b) cannot be held to be unreasonably onerous so as to render the right conferred on the aggrieved party illusory as it vests a discretion in the esi court either to stay the whole or part of the claim laid by the corporation during the pendency of proceedings before it, which substantively and substantially mitigate the rigor of provision in ..... to case at hand, we hold sub-section (2-b) of section 75 to be intra vires as the condition of pre-deposit for entertaining application under/section 75 is not in absolute but necessary authority vest in esi court to mitigate the rigor of condition in appropriate cases by reducing or warranting whole or any part of requisite deposit as the same is already subject matter of pending special appeal no. ..... from expressing any opinion, but there is uniformity in reaching the conclusion that where the right of remedy is provided with condition of deposit of amount claimed due under any particular stature, vests powers to mitigate its rigour in some or other authority, such provision has been held to be not so unreasonably onerous so as to embellish it with the dynamics of unreasonableness.27. ..... case where facts and circumstances of the case make it unduly harsh for the entrepreneur to fulfil the condition, the esi court is vested with power to waive the whole or reduce the requisite deposit of course reason for exercise of such power has to be recorded .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2006(4)Raj3070; 2006(4)WLC500
..... the fact that the expression of plaintiff kanha that the property in question will remain with him during his life time and could vest in defendant kalu only after his death and this assertion in plaint as well as in statements having gone un-rebutted clearly shows that the 'character of document' which he understood executed in bundi was a will and could not be ..... in favour of her son defendant kalu whereupon the plaintiff said that it may be done so but his property will remain with him during his life time and after his death the land will vest with defendant kalu. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1983Raj161; 1982()WLN621
..... and rameshchandra had sold the entire property to hiralal and thus hiralal was possessed of all the rights in the disputed property and not only the mortgagee rights but also the mortgator's rights vested in him and that as the mortgagor shri kishan was well aware of the sale made by damodar and rameshchandra in favour of hiralal, the latter became full owner of the entire property by adverse possession ..... same principle was also laid down in jayaram mudaliar's case, (air 1973 sc 569) where their lordships of the supreme court recognised the general principle that during the pendency of an action, of which the object is to vest the property or obtain the possession of real estate, a purchaser shall be held to take that estate as it stands in the person of the seller, and would be bound by the claims which shall ultimately be pronounced. ..... thus no pre-existing rights were ever created by the decree passed in the money suit, which was ultimately decided by the mahendra sabha, nor any such pre-existing rights vested in the auction purchasers, as even the mortgagee rights, which they purchased at the auction sale, were transferred to them pendente lite by means of the sale certificate dated november 27, 1943.7. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1969CriLJ958
..... according to that authority, did not vest discretion in the food inspector to associate or not to associate two persons at the time of taking the sample but it must be due to circumstances beyond his control that his failure to call two persons to witness the taking of .....
Tag this Judgment!Court : Rajasthan
Reported in : 2001(3)WLC249; 2001(2)WLN394
..... in accordance with law once they are apprised of the decision of board of revenue which finally crystalised the rights of petitioner as well as slate in respect of area that petitioner could keep and that which was liable to vest in state on identification and taking possession of but to take recourse to petition that acquisition of ceiling land cannot take place without following the procedure in accordance with law.(8). .....
Tag this Judgment!Court : Rajasthan
Reported in : (1995)126CTR(Raj)366; [1995]214ITR317(Raj)
..... it is well-settled that the firm is not a legal entity, it has no legal existence, it is merely compendious name and, hence, the partnership property would vest in all the partners of the firm. .....
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