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Judgment Search Results Home > Cases Phrase: pepsu court of wards act 2008 bk Court: rajasthan Page 1 of about 11 results (0.026 seconds)

Jun 30 2008 (HC)

Kifayat HussaIn Vs. State of Rajasthan and ors.

Court : Rajasthan

Reported in : RLW2008(4)Raj3695

..... inadequacy of facilities available at sms, and regarding incorrectness of the report of sms lead to serious disputed question of facts; and ordinarily this court would not have entered into such questions in the writ jurisdiction; however, the petitioner has maintained in his rejoinder that such questions could be decided ..... . thus, it was found that he required immediate treatment though it was mentioned that such treatment was available in sms hospital at jaipur. this court found the petitioner entitled to medical reimbursement if his treatment elsewhere was necessitated on account of circumstances beyond his control. however, the division bench observed ..... learned counsel for the petitioner referred to the fact situation of the case and submitted that the petitioner had to go to escorts in the act of self-preservation when the facilities at sms were not found satisfactory. according to the learned counsel, when neither angiography was proper nor its ..... the petitioner instead of waiting in queue and spending time in seeking a clarification from a local hospital has decided to act with promptitude in the interest of self preservation by taking his wife immediately to an institute approved by the state govt.23. similarly, the ..... the diagnosis and the availability of facilities at sms. of course, the petitioner cannot be denied his choice in the act of self preservation to have himself treated by the doctors and by institute he would prefer but then, as pointed out by the hon'ble .....

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Sep 05 2008 (HC)

Anukampa Avas Vikas Pvt. Ltd. and anr. Vs. State of Rajasthan and anr.

Court : Rajasthan

Reported in : RLW2009(3)Raj2295

..... and the petitioners are entitled to all the benefits of the same. further, the actions of the jda are contrary to the provisions of the jda act, registration act and other enactments.15. on 11.7.2008, information was summoned from the respondents on five issues, which are as follows:1. how the auction was ordered despite stay order dated 18.12.1992 ..... is stated, thus:the erosion of the distinction between jurisdictional errors and non-jurisdictional errors has, as we have seen,, correspondingly eroded the distinction between void and voidable decisions. the courts have become increasingly impatient with the distinction, to the extent that the situation today can be summarised as follows:(1) all official decisions are presumed to be valid until set ..... some extent. the regulations allowed cidco to entertain individual applications for allotment, as has been done in the instant case. merely by indicating that the law declared by this court was universally binding under article 141 of the constitution, it could not contend that such allotment was contrary to public policy on a fresh consideration made by the board of ..... ors. v. jda reported in 1993(2) wlc 652. however, no decision was communicated to the petitioners and the respondent jda further delayed the implementation of the judgment of this court dated 26.9.1994.6. in the aforesaid facts and circumstances, the petitioner filed the petition before the state level settlement committee constituted by the state government for deciding the .....

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Apr 20 2006 (HC)

Commissioner of Income Tax Vs. Shree Pipes Limited

Court : Rajasthan

Reported in : (2008)219CTR(Raj)465; [2008]301ITR240(Raj); RLW2006(4)Raj2692

..... , it was liable to be included as income in computing taxable income of the assessee under section 41(1) of the income tax act, 1961.40. supreme court rejected the contention of revenue while upholding order of the high court by laying down the ratio that obtaining any amount or a benefit by virtue of remission or cessation is sine qua non for ..... tea exporter : [2002]254itr434(sc) in which t.v. sundaram was distinguished and it was held that section 41(1) of the income tax act in like circumstances cannot be invoked. therefore, in view of two supreme court decisions clearly clinching the issue in one of which earlier decision in t.v. sundaram iynger was referred and distinguished with utmost respect, we ..... to an end. apart from that will not by itself confer any benefit on the debtor as contemplated by the section.44. thus, supreme court affirmatively stated that in order to operate section 41(1) of the act as existed before insertion of explanation, unilaterally in books of account by transfer of certain amount liability in profit and loss account neither availed ..... loss account as income of the previous year relevant to the assessment year in question by invoking section 41(1) of act of 1961. it was urged before the madras high court, by the revenue and sustained by the madras high court inter alia on the ground that although, the amounts received originally were not income in nature, the amounts remained with the .....

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Nov 20 2008 (HC)

Ankush Wadhwa Vs. State of Rajasthan

Court : Rajasthan

Reported in : 2009CriLJ1610; RLW2009(1)Raj662

..... and four months old. hence, he was major. he was, thus, rightly convicted and sentenced by the learned trial court.eleventh, section 106 of the evidence act places a burden on the accused person to explain certain facts which are only within his knowledge and not known to others ..... in his examination- chief that 'investigation against other co-accused persons is still pending'. he further states that 'upon a direction issued by the court, the investigation against other co-accused persons was handed over to the superintendent of police, mr. d.p. singh'. he further states that ..... principles of criminal jurisprudence should be kept in mind. the principle governing the case of circumstantial evidence was recently reiterated by the hon'ble supreme court in the case of kusuma ankama rao v. state of a.p. : 2008crilj3502 in the following words: the conditions precedent...before conviction could ..... the alleged crime. although he could be tried by a regular court, but under section 20 of the juvenile justice act, 2000 he should have been referred to the juvenile board for sentencing purpose. since the learned trial court failed to follow the said procedure, the sentencing and consequent imprisonment ..... the learned judge has ignored section 20 of the juvenile justice act, 2000. according to the said section, the cases which were pending when the act came into force, although the trial could be completed by the learned trial court, but for the purpose of sentencing the juvenile should be referred .....

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May 28 2008 (HC)

Sanjay Sukhadia Vs. State of Rajasthan and ors.

Court : Rajasthan

Reported in : RLW2008(4)Raj3188

..... scheduled castes, scheduled tribes and other backward classes within a period of ten weeks.24. after giving such statement before the division bench of this court for delineating and demarcating of the plots for the persons belonging to scheduled castes, scheduled tribes and other backward classes in accordance with the granite ..... this juncture, it will be relevant to mention here that the petitioners have placed on record a few documents along with application dated 3.1.2008, annex.35 and bundle of orders passed by the mining engineer whereby the mining leases for granite have been granted under the policy of 2002 ..... tried to obtain the information about the number of plots reserved under the granite policy, 2002 by moving application under the provisions of right to information act, copy of which has been placed on record as annex.27. in response to the said application, the assistant mining engineer, jalore vide letter ..... in respect of other purposes and for the purposes connected therewith. as stated above, in exercise of the powers conferred by section 15 of the act of 1975, the state government framed the rules of 1986 and repealed the earlier framed rules of 1977. under the rules of 1986, for grant ..... grant of granite lease to the persons of various categories ; and granite policy, 2002 framed by the state government.5. section 15 of the act of 1957 empowers the state government to frame the rules for the purpose of grant of mining leases of various categories to the persons in the .....

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Mar 04 2009 (HC)

VipIn Gupta and anr. Vs. State of Rajasthan and anr.

Court : Rajasthan

Reported in : 2009CriLJ3747; RLW2009(4)Raj3399

..... an express provision in a statute governing a particular subject matter there is no scope for invoking or exercising the inherent powers of the court because the court ought to apply the provisions of the statute which are advised to govern the particular subject matter. from this it will be clear that ..... ravi shankar srivastava, ias : (2006) 7 scc 188 : 2006 cri lj 4050; and (v) central bureau of investigation v. k.m. sharan : (2008) 4 scc 471 : 2008 cri lj 2027.5. while advancing the arguments further, the learned counsel for the respondent has submitted that there has been reasons why the inherent powers were given ..... . state of gujarat : (2007) 6 scc 156 : air 2007 sc 2522; (vii) b. suresh yadav v. sharifa bee : (2007) 13 scc 107 : 2008 cri lj 431.3. on the other hand, the learned counsel for the complainant respondent no. 2 has contended that in view of the fact that against the, impugned ..... verbatim to section 482 of the new code, held as under:the inherent jurisdiction of the court, which receives recognition in section . 561-a, criminal p.c. cannot be invoked for the purpose of doing an act which would conflict with any of the provisions of the law or the general principles of criminal ..... to the high court and for that purpose, he has placed reliance on the cases in ; (i) mary angel v. state of t.n. .....

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May 13 2011 (HC)

Mr.Ghanshyam Singh Sisodia Vs. Mr.K.K. Singh

Court : Rajasthan Jaipur

..... the other person against whom action has not been taken.11. in the case of kailash v. state of rajasthan & anr. [(2008) 14 scc 51], the hon'ble supreme court has held as under :a glance at the provisions (of sec. 319 cr.p.c.) would suggest that during the trial ..... of non-bailable warrants involves interference with personal liberty. arrest and imprisonment means deprivation of the most precious right of an individual. therefore, the courts have to be extremely careful before issuing non-bailable warrants.49. just as liberty is precious for an individual so is the interest of the ..... no cogent reason has been assigned for issuing the process against sanjay @ chidia. merely because few of the witnesses have named him, the learned trial court should not ipse dixit issue the process against the petitioner. in fact, it should have sifted the evidence to at least ascertain the identity of the ..... samal & anr. [(1979) 3 scc 4] to dilawar balu kurane v. state of maharashtra [(2002) 2 scc 135], the apex court has opined that the judges should neither act as a mouthpiece of the prosecution, nor as a post office for the prosecution. in fact, both the constitution and the criminal procedure code expect ..... the judge to play a pro-active role during the court proceeding. the judge is neither a mute witness, nor a .....

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Feb 05 2009 (HC)

Sanjay Bhandari Vs. State of Rajasthan

Court : Rajasthan

Reported in : RLW2009(2)Raj1460; 2009(1)WLN116

..... an interlocutory order. the revision can very well be maintained before the learned sessions judge as held by this court in natwarlal v. state reported in 2008(1) crlr (raj) 617.22. this court could have exercised the power under section 482 of the code, had there been a case from the ..... proceedings of trial is termed as final order. rest are said to be interlocutory orders. this view has been reiterated by the hon'ble supreme court in amamath v. state of haryana reported in : 1977crilj1891 in the following terms:.it is difficult to hold that the impugned order summoning the ..... according to the learned counsel, if the investigation is unfair or cognizance has been taken in disregard to the established principles of law, this court in exercise of its inherent powers, can quash the proceedings, even though the party has not preferred to choose the remedy of revision available ..... deposited and on the contrary, he purchased valuable cars from the foreign company in the name of tourism and thereby alleged to have committed an act of cheating. these allegations cannot be termed as purely of civil nature, but is an offence under section 420 ipc.25. in misc. petition ..... the learned magistrate has taken cognizance against the petitioner. hence this misc. petition.4. in criminal misc. petition no. 41/2008, a complaint under section 29(1) of the insecticides act, 1968 was filed by the assistant director of agriculture (extension) & insecticides inspector, hanumangarh junction, on 17.3.2006 alleging .....

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Nov 26 2014 (HC)

Bhanwar Lal Vs. State and anr

Court : Rajasthan Jodhpur

..... have been left out and such a discrimination could not be sustained. (v) that on the basis of the judgment of hon'ble supreme court in the case of k.manjushree vs.state of andhra pradesh & ors. - 2008 (3) scc512 which provided that rules of game cannot be changed in the midway or during the selection process, the sbcwp no.1211/2014 ..... members of rpsc headed by its chairman, mr. habib gauran, an ips officer dated 24/1/2014 as produced before this court reads as under:- "??? ?? 2:-? ?? ? ? ? ?? ?? ?? ?? ? ? ? ?? ? (?? ) ?? ? , 2012 ? ???? ? ? ?& ??? ? ??? ?(? ? ? ? ? ? ?? ? ?? ? ? ? ?? ?? ?? ?? ? ? ?? ? (?? ) ?? ? , 2012 ? ???? ? ? ?& ??? ? ??? ?( ??? ? ??? ? ????0 ?? ??0???? ? ???? ?? ? ???0 ?3 ? - (1)???3? ??5 ??? ? ? ? ????? ?( - ?? ???8 ?? ??? ? ????0 ?? ??0???? ? ???0 ?3 ? ?? ??? ?? ? ? - 2008 ?? 2010 ?: ? ? ? ?? ?? ? ?( ???3? ??5 ??? ?? ???? ? ? ?& ?? ? ??" sbcwp no.1211/2014 bhanwar lal vs. state & ors. a/w 6 connected matters judgment dt:26/11 ..... on 27/1/2014 and, therefore, it should be assumed that the scaling method was applied indiscriminately, contrary to aforesaid supreme court ruling & without proper application of mind, in a parrot like manner following the earlier such application in the year 2008 and 2010 and, therefore, the results so declared on 27/1/2014 deserve to be quashed. the said decision of .....

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Nov 26 2014 (HC)

Lokendra Kumar Charoria Vs. State and anr

Court : Rajasthan Jodhpur

..... have been left out and such a discrimination could not be sustained. (v) that on the basis of the judgment of hon'ble supreme court in the case of k.manjushree vs.state of andhra pradesh & ors. - 2008 (3) scc512 which provided that rules of game cannot be changed in the midway or during the selection process, the sbcwp no.1211/2014 ..... members of rpsc headed by its chairman, mr. habib gauran, an ips officer dated 24/1/2014 as produced before this court reads as under:- "??? ?? 2:-? ?? ? ? ? ?? ?? ?? ?? ? ? ? ?? ? (?? ) ?? ? , 2012 ? ???? ? ? ?& ??? ? ??? ?(? ? ? ? ? ? ?? ? ?? ? ? ? ?? ?? ?? ?? ? ? ?? ? (?? ) ?? ? , 2012 ? ???? ? ? ?& ??? ? ??? ?( ??? ? ??? ? ????0 ?? ??0???? ? ???? ?? ? ???0 ?3 ? - (1)???3? ??5 ??? ? ? ? ????? ?( - ?? ???8 ?? ??? ? ????0 ?? ??0???? ? ???0 ?3 ? ?? ??? ?? ? ? - 2008 ?? 2010 ?: ? ? ? ?? ?? ? ?( ???3? ??5 ??? ?? ???? ? ? ?& ?? ? ??" sbcwp no.1211/2014 bhanwar lal vs. state & ors. a/w 6 connected matters judgment dt:26/11 ..... on 27/1/2014 and, therefore, it should be assumed that the scaling method was applied indiscriminately, contrary to aforesaid supreme court ruling & without proper application of mind, in a parrot like manner following the earlier such application in the year 2008 and 2010 and, therefore, the results so declared on 27/1/2014 deserve to be quashed. the said decision of .....

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