Court : Rajasthan
Reported in : RLW2007(3)Raj2081
..... , 1973, the court has suo motu power of revision, if that be so, the question of the same being invoked at the instance of an outsider would not make any difference because ultimately it is the power revision which is already vested with the high court statutorily that is being exercised by the high court. ..... if the prosecution neglected to elicit essential facts to prove the charges against the accused then the powers vested under section 311 cr.p.c. ..... but this discretion, vested in the trial court, has to be exercised judiciously and with great caution and circumspection. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR2001Raj62; 2000(4)WLC35; 2001(3)WLN63
..... the learned single judge rejected the writ petition having found that the rights, title and interest of the land owner namely the former ruler of jodhpur in the agricultural land in question vested in the state government as on april 1, 1964 by virtue of section 7-a of the rajasthan land reforms and acquisition of land owners estate act, 1963 (hereinafter referred to as 'the act') and all transfers of an estate liable to acquisition, made by the ..... the learned single judge held that the collector was justified in directing the tehsildar to take possession of the land in dispute which has vested in the stale government in accordance with the provisions of the act. (4). .....
Tag this Judgment!Court : Rajasthan
Reported in : 1975(8)WLN530
..... lordships that it was implicit in the observation in vishnu prased sharma's case air 1966 sc 1593 that after possession had been taken pursuant to a notification under section 17(1) of the land acquisition act, 1894, the land vested in the government, and the notification under section 4 could not be cancelled under section 21 of the general causes act, nor could the notification be withdrawn in exercise of the powers under section 48 of the land acquisition act ..... its relevant and material provisions before deciding whether by the application of the rule of construction enunciated by sec 21, the appellant's contention is justified that the power to cancel the reference made under section 10(1) can be said to vest in appropriate government by necessary implication. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1980WLN655
..... was contested by lalita prasad, who, in the written statement, raised various pleas including a plea that prabhulal was not the adopted son of kishanlal and that he had no right to transfer in any manner the property vesting in the 'mandir', that the suit house was not reasonably and bona fide required to run 'bal niketan'; that he had spent a sum of rs. ..... the right to recover rent, which vested in prabhulal and to apply it over the worship of the 'mandir' and the other temple at govind garh was given to the 'panchayat digambar jain' (plaintiff-appellant). ..... 13), the property already vested in the 'mandir'. ..... 3) prabhulal adopted son of kishanlal pandya gave the suit house to the mandir and the gift was accepted by the secretary of 'panchayat digambar jain' under whom the administration of the 'mandir' had already vested.3. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1984WLN(UC)29
..... as evacuee property in any person exercising the powers of custodian ider any law repealed thereby, the property shall be deemed to be evacuee operty declared as such within the meaning of this act and shall be deemed have vested in the custodian appointed or deemed to have been appoint dair the state under this act, and shall continue ..... under section 8 of the act any property declared to be evacuee property under section 7 shall be deemed to we vested in the custodian for the state under the administration of evacuee property act, 1950. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1972WLN988
..... it is true that no direction to pay off the debts of the petitioner can be issued to the government of india from the compensation pool that vests in the central government, but as observed above the claim of the petitioner is not in any manner affected by enacting the 1954 act and thereby transferring the immovable properties of the evacuees to the central government by issuing ..... central government and finally wrote back to the petitioner (vide) annexure 14) that the sale proceeds of the evacuees immovable properties form part of the compensation pool which under the provisions of the 1954 act vested in the central government and, therefore, the custodian had no jurisdiction to make payment out of the compensation pool to satisfy the petitioner's claim.10. in n.s. ..... shri gorwaney wrote back to the petitioner that the aforesaid three properties belonging to the evacuee have already been disposed of and the sale proceeds thereof have constituted part of the compensation pool which vests in the central government and that the custodian had no jurisdiction to make payment out of the compensation pool to satisfy the petitioner's claim.3. ..... specifically authorised the custodian to pay debts of the evacuee and the consequentially deletion of rule 22 of the rules framed under the act by which a machinery was provided for exercising that power as this power still vests in the custodian by virtue of the provision of section 10(2)(n) read with section 10(1) of the act. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR2000Raj348; 2000(3)WLC299; 2000(2)WLN243
..... . the second right, namely, the right to insist that no construction shall be made except according to plan of construction approved by the municipality, is not an incident of the property rights vested in the municipality, it is an incident of the police power of the state delegated to the municipality to exercise control on the right of the land in the matter of construction of building on the land belonging to them ..... . the former right is an incident of the property rights vested in the state government or the municipality and, therefore, this right can be availed of by the municipality only in those cases where land had been allotted or sold by the state government or the municipality for a specific purpose .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR2001Raj9; 2001(4)WLC647; 2000(3)WLN322
..... the second right, namely, the right to insist that no construction shall be made except according to plan of construction approved by the municipality, is not an incident of the property rights vested in the municipality, it is an incident of the police power of the state delegated to the municipality to exercise control on the right of the land in the matter of construction of building on the land belonging to them. ..... the former right is an incident of the property rights vested in the state government or the municipality and, therefore, this right can be availed of by the municipality only in those cases where land had been allotted or sold by the state government or the municipality for a specific purpose .....
Tag this Judgment!Court : Rajasthan
Reported in : 1985(2)WLN290
..... the legislature is undoubtedly competent to legislate with retrospective effect to take away or impair any vested right acquired under existing laws are made under a written constitution, and have to conform the dos and dont's of the constitution, neither prospective or retrospective laws can be made so as to satisfy the requirements to contravene fundamental ..... vested interests are prone to hold on to their acquisitions and we understand the feelings of group i officers who have to surrender a part of the benefits which had accrued to them in a water-tight system of grouping. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR2001Raj170; [2001]106CompCas629(Raj); 2001(2)WLC79; 2003(1)WLN620
..... he would submit that the jurisdiction of any other court or authority which would otherwise had the jurisdiction but for the provisions of the act, is ousted and the power to adjudicate upon the liability is exclusively vested in the tribunal subject, however, to saving of the jurisdiction of the supreme court and high court exercising power under articles 226 and 227 of the constitution and that this is the effect of sections 17 and 18 of the ..... apart from that an appeat lies to appellate authority, even the power of superintendence has been vested in the appellate tribunal by virtue of the amendment act of 2000 vide newly added section 17a of the rdb act. .....
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