Court : Rajasthan
Reported in : 2003CriLJ2954; RLW2003(4)Raj2641; 2003(4)WLC273
..... jeep bearing no. rnv 2235 was seized by the regional forest officer, mandrayal district, karauli, carrying fishes in violation of the wild life (protection) act, 1972, (in short 'the act') 1972. after registration of the case for the offence punishable under section 51 of the act, 1972, this jeep alongwith fishes was seized.2. an application was moved on behalf of the petitioner for 'supardigi' of ..... exceptional reasons a court is inclined to release the vehicle during such pendency, furnishing a bank guarantee should be the minimum condition.'7. the main object of the act, 1972 is to preserve and protect wild animals, birds and plants. liberal approach in such matters with respect to the property seized, which is liable to confiscation, is uncalled for as the same is .....
Tag this Judgment!Court : Rajasthan
Reported in : 2001(2)WLC535; 2007(3)WLN324
..... of the same was also done. after completion of the investigation, the forest department filed complaint against the accused persons under sections 2(16), 9/52 and 9/51 of wild life (protection) act before the court of the learned civil judge (junior division) and judicial magistrate, jodhpur. along with the said complaint, the forest department also produced the documents on which they were .....
Tag this Judgment!Court : Rajasthan
Reported in : (2007)211CTR(Raj)169
..... of this court in d.d. shah and bros. v. union of india . indeed, it was a decision rendered by interpreting the legislative provision of income tax act in relation to activity of blending of tea. on principle the court accepted two things, firstly; expression 'production' has a wider meaning than word 'manufacture'. word ' ..... submitted by learned counsel for the revenue that the aforesaid supreme court case related to the assessee's claim to deduction under section 80hh of the income tax act, 1961, which inter alia requires the condition in the matter of claiming deduction namely; assessee must be an industrial undertaking which has begun to manufacture or ..... framed as substantial questions of law while admitting the appeal on 10/8/2006:1. whether the expression 'production' used under section 80ia/80ib of the income tax act, 1961 in which both expressions 'manufacture' and 'production' have been used whether they have been used as synonymous with each other or the word 'production' .....
Tag this Judgment!Court : Rajasthan
Reported in : [2001]107CompCas42(Raj); 2001(2)WLC17; 2001(4)WLN170
..... right, but threat or imminent danger to ihe right or imminent violation of a right has to be determined on ihe basis of ihe alleged overt act as 'the protection of a legal right is to be distinguished from its restoration or remedy after violation. law surely cannot take action for internal thoughts but can ..... act only after ihe overt act is done. if the overt-act and violation have already been done and ihe same has come to ihe knowledge of the person threatened with that violation ..... interfere for the reason that if 'a threatened invasion of a right is removed by restraining the potential violator from taking any steps towards violation, the rights remain protected and the compulsion against its violation is enforced. if the right has already been violated, what is left is ihe remedy against such violation and for restoration of .....
Tag this Judgment!Court : Rajasthan
Reported in : (1996)IIILLJ1181Raj; 1996WLC(Raj)UC263; 1995(1)WLN508
..... india, the aforesaid committee is charged with legal assistance to poor or indigent struggling masses who are entitled to approach legal aid committee for protection of their life, personal liberty and property with empty hand. thus, it is necessary sine qua non of justice not to provide assistance of a lawyer only ..... at jaipur headed by its executive chairman is a statutory body created under newly inserted article 39a of the constitution of india by constitution (forty second) amendment act, 1976, which is made effective with effect from january 31, 1977. according to spirit of the aforesaid newly inserted article 39a of the constitution of ..... the state to set up a sovereign socialist secular democratic republic. the expression 'socialist' was intentionally introduced in the preamble by the constitutional forty second amendment act, 1976. in the objects and reasons for amendment amongst other things, ushering in of socio-economic revolution was promised to all people of the country. .....
Tag this Judgment!Court : Rajasthan
Reported in : 2001ACJ1834; AIR2000Raj327; 2000(4)WLC311
..... court observed that the interest cannot be claimed under section 34, ipc as its provisions have not been specifically made applicable to the proceedings under the consumer protection act 1986. however, the apex court held that the general provision of section 34 being based upon justice, equity and good conscience would authorise the redressal forums ..... the trial court failed to prove issue no. 1. moreover, considering aspect of the application of section 45 of the insurance act, 1938 duty adopted by section 43(1) of the life insurance act, 1938 (sic), the trial court concluded that in the case of pannalal policy-holder of aforesaid three policies in dispute, second ..... in question, but declined to grant interest on the decretal amount. hence, this first appeal is confined only to the question of liability of the respondent, life insurance corporation branch, jhalawar (for short 'lic') to pay interest for the period after the death of policy-holder and upon repudiation of their claim having .....
Tag this Judgment!Court : Rajasthan
Reported in : (1985)ILLJ111Raj
..... our democratic policy is founded: arbitrary invocation or enforcement of a service condition terminating the service of a temporary employee may itself constitute denial of equal protection and offend the equality clause in articles 14 and 16(1). article 16(1) guarantees 'equality of opportunity for all citizens in matters relating to ..... a state agency or instrumentality.'3. 'it may also be a relevant factor... whether the corporation enjoys monopoly status which is the state conferred or state protected.'4. 'if the functions of the corporation are of public importance and closely related to governmental functions, it would be relevant factor in classifying the ..... discharge without any finding of any misconduct enables the employee to turn a new page in his life and save the reputation of himself and the employer in suitable cases.thus even when the industrial employment (standing orders) act, 1946, was enforced in the year 1946, the model standing orders introduced provisions therein both .....
Tag this Judgment!Court : Rajasthan
Reported in : 2007CriLJ2865; RLW2008(1)Raj329
..... in other words, a person who is in imminent and reasonable danger of losing his life or limb may in the exercise of right of self-defence inflict any harm, even extending to death on his assailant either when the assault is attempted or directly ..... clauses of section 100. for our purpose, only the first two clauses of section 100 are relevant. the combined effect of these two clauses is that taking the life of the assailant would be justified on the plea of private defence; if the assault causes reasonable apprehension of death or grievous hurt to the person exercising the right. ..... good faith under colour of his office, though that act, may not be strictly justifiable by law. it further provides that there is no right of private defence in cases in which there is time to have recourse to the protection of the public authorities. the right of private defence in no case extends to the-inflicting of more .....
Tag this Judgment!Court : Rajasthan
Reported in : 1992WLN(UC)442
..... exclusive nationalised business of life insurance. each and every provision of the life insurance corporation act showed in no uncertain terms that the voice was that of the central government and the hands were also of the central government. the life insurance corporation was owned by the government. the life insurance business was nationalised ..... policies of the corporation by the state and what is the nature and extent of such control, whether the corporation enjoys sate conferred or state protected monopoly status and whether the functions carried out by the corporation are public functions closely related to governmental functions. this particularisation of relevant factors is, ..... of the face-value or rupees one lac each, along with other cooperative bodies. iffco does not enjoy any monopoly status-state-conferred or state-protected-in the matter of production and distribution of chemical fertilisers and its products. there is no deep and pervasive state control of the government over .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2005(1)Raj389
..... -a(g) provides that it shall be the duty of the every citizen of india to protect and improve the natural environment including forest, lakes, rivers, wild life and to have compassion for living creatures. articles 48a and 51a have been inserted in the constitution through constitutional amendment act, 1976. prior to insertion of these provisions in the constitution, there have been several legislations ..... on the subject including the water (prevention and control of pollution) act, 1974, the air (protection and control of pollution) act, 1981. the constitutional and .....
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