Court : Rajasthan
Decided on : Apr-04-1997
Reported in : AIR1997Raj262
..... -1993 went on requesting for adjournment of hearing from time to time and finally filed an application dated 3-11-1993 by which the adjudication proceedings were sought to be withdrawn. thereafter, three documents were presented for registration at the office of the sub-registrar, mavli on 1-12-1993 ..... included in part 2 and the intention was to sell the fixtures of movables. in this view the question whether the movables have been validly sold did not really arise for determination because if the sale was invalid there was no sale so far as they were concerned and ..... cannot be anything other than the development expenses incurred in connection therewith. the field is covered by rule 37 of the mineral concessions rules, 1960. the purported valuation of the mining lease on the basis of alleged nondisclosure of consideration and, therefore, application of a mere departmental circular dated ..... instruments afresh. 32. the main contention of mr. ghosh, the learned senior advocate appearing for the petitioners is that according to the stamp act the valuation for stamp duly can be made only for the properties covered by the instruments presented for registration. any property not covered by such ..... correct datas and appropriate valuation of the properties under transfer and they were asked to give statements as provided under section 63 of the registration act. the aforesaid statements were finally recorded on 27-6-94. 11. the company went on evading to furnish required information and sought time .....Tag this Judgment!
Court : Rajasthan
Decided on : Oct-24-1997
Reported in : 1998(1)WLN389
..... at every stage in the process the candidate or his agent have an opportunity of remaining present at the counting of votes, watching the proceedings of the returning officer, inspecting any rejected votes, and to demand a recount. the application for inspection of ballot papers must be considered ..... by courts while deciding applications for interim injunctions or other interlocutory applications on the basis of material which is available at that stage of proceedings becoming final. if such decisions are taken to be binding on the court all the suits for permanent injunctions would end with the decision ..... 65. the testimony of the petitioner's witnesses on the point does not inspire confidence. it cannot be imagined that the counting would have proceeded unhampered without any objection from any of the parties if the sitting arrangements or the lighting arrangements had not been proper and adequate. after ..... cannot be ignored, and it is always to be borne in mind that the statutory rules framed under the act are intended to provide adequate safeguard for the examination of the validity or invalidity of votes and for their proper counting. in considering the requirements of justice, care must be ..... of the petitioner. the view taken by the supreme court in satyadhyan ghosal's case : 3scr590 that the order of remand was interlocutory as the judgment did not terminate the proceedings and so the correctness thereof can be challenged in an appeal from the final order was affirmed in .....Tag this Judgment!
Court : Rajasthan
Decided on : Jul-29-1997
Reported in : 1997(3)WLC258; 1997(2)WLN153
..... considered the case of the petitioner strictly in accordance with law and complied-with the mandatory requirement particularly the procedural fairness while holding disciplinary proceedings against the petitioner. all the authorities under the statute have passed the speaking and reasoned orders for not accepting the case of the petitioner ..... part of sound system of judicial review. reasoned decision is not only for the purpose of showing that the citizen is receiving justice but also a valid discipline for the tribunal itself. therefore, statement of reason is one of the essentials of justice.(emphasis added)16. in s.n. mukherji v ..... - course a must.9. the same view has been taken by the apex court in the cases of st. arunachalam pillai v. southern roadways ltd. and anr. : 3scr764 ; a.m. allison v. state of assam : (1957)illj472sc ; cantonment board ambala v. pyarelal : 1966crilj93 ; state of u.p. v. dr. anupam ..... the state or its instrumentality must not take any irrelevant or irrational factor into the consideration or appear arbitrary in its decision. 'duty to act fairly is part of fair procedure envisaged under articles 14 and 21. every activity of the public authority or those under public duty, obligation ..... and ors. : air1991sc537 , the apex court has observed as under:every state action must be informed by reason and it follows that an act uninformed by reason is arbitrary. rule of law contemplates governance by laws and not by humour, whims or caprices of the men to whom the .....Tag this Judgment!