Rajasthan Panchayati Raj Act, 1994, Section 97 -- Revision - Decree of permanent injunction passed by civil Court cannot be interfered with by way of initiating proceedings u/s 97 of the Act...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 74 -- (Criminal Procedure Code, 1973, S.72) - Arrest warrant - Non-execution of arrest warrant issued against certain police officers - Directions issued in Ganesh Ram vs. State of Rajasthan not been properly complied - Directions issued to summon DGP, Rajasthan to explain why a police officer, despite an arrest warrant,..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Bar of civil Court jurisdiction - Agricultural land - Issue raised in plaint pertains to sale deed being voidable - Civil Court thus, had jurisdiction to try suit and bar created by S.207 of Rajasthan Tenancy Act had no application - Application rightly rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Issues raised in plaint pertain to ownership, validity of sale deeds and declaration of title, which are civil in nature and therefore, triable exclusively by a civil Court - Applicability of S.207 of Rajasthan Tenancy Act, which bars jurisdiction of civil Courts in matters relating to khatedari rights..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Jurisdiction of civil Court - Trust property - Defendant sold his share in trust property - Plaintiff wanted to declare sale deed as null and void - Plaintiff had not sought any relief under Rajasthan Public Trust Act - Civil Court has power to declare said sale deed as null and void - Application..........
Electricity Act, 2013, Section 79(1)(c), 86(1)(c), Rajasthan Electricity Regulatory Commission (Terms and Conditions for Open Access) Regulations, 2016 -- Regulation of inter state open access - Inter state transmission falls within domin of CERC u/S.79(1)(c) but to regulate intra state transmission and distruction u/S.86(1)(c) is well established - Regulations 2016 do not..........
Electricity Act, 2003, Section 79(1)(c), 42(2), 42(3), Rajasthan Electricity Regulatory Commission (Terms and Conditions for Open Access) Regulations, 2016 -- Regulation of inter state open access - S.79(1)(c) empowers central regulatory authority over inter-sate transmission of electricity but S.42(2) empowers state commissions to regulate open access - S.43(3) empowers..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Eviction suit - Amendment sought to add pleading with respect to non-maintainability of suit in view of provisions of new Rajasthan Rent Control Act - Suit filed under Transfer of property Act and on the date of filing of suit, Rajasthan Rent Control Act were not applicable and jurisdiction to..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred u/s 207 of Rajasthan Tenancy Act - Suit for declaration that sale in question is null and void - Agricultural property - Plaintiff company claims not to be a party to sale transaction, therefore, for setting aside sale deed, third party to sale-deed i.e. plaintiff must have title to property which..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Bar of civil Court jurisdiction - Land in question, as of date, is a municipal land used for residential purposes - Land not being agricultural land as defined u/s 5(24) of Rajasthan Tenancy Act, suit would definitely lay before civil Court only - Application rightly rejected...........
