Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Compromise during pendency of revision against order of conviction - Complainant accepted sum towards full and final settlement of dispute - Conviction and sentence set aside subject to deposit of cost of 15% of cheque amount with Rajasthan State Legal Services Authority...........
Civil Procedure Code, 1908, Order 6, Rule 17, Rajasthan Rent Control Act, 2001, Section 9(i) -- Amendment of reply - Dismissal of application - Eviction petition - On the basis of subsequent event as pleaded, in no manner it can be said that bonafide requirement of premises as pleaded by landlord stand completely eclipsed - Appellate Rent Tribunal committed no..........
Rajasthan Rent Control Act, 2001, Section 9(i) -- Eviction petition - Bonafide requirement - Merely because landlord`s son has ceased to be Additional Government Advocate in no manner it can be concluded that bonafide requirement as pleaded has become extinct on account of subsequent development...........
Rajasthan Municipalities Act, 1959, Section 173A(2) -- Change of use of land - Commercial-cum-residential complex - Respondents intended to construct multi-storyed building for commercial-cum-residential complex for which conversion charges as condition precedent for sanction map is mandatory - Contention of respondents that they were forced by Corporation to apply for..........
Constitution of India, 1950, Article 226, 227, Rajasthan Rent Control Act, 2003, Section 19, 21, Rajasthan High Court Rules, 1952, Rule 134 -- Intra-Court appeal against judgment of Single Judge - Maintainability - Rent Tribunal and Appellate Rent Tribunal have trappings of Civil Court - Therefore judicial orders passed by them can only be questioned by invoking power of..........
Income Tax Act, 1961, Section 261UD(1), Rajasthan Urban Improvement Act, 1959, Section 74(1), 73A, Rajasthan Urban Areas (Sub-Division Reconstitution and Improvements of plots) Rules, 1975, Rule 11 -- Appeal - Against pre-emptive purchase order - High Court directed entitlement of purchaser for refund of amount paid to vendor together @ 6% p.a. - As per Court below fair..........
Income Tax Act, 1961, Section 261UD(1), Rajasthan Urban Improvement Act, 1959, Section 74(1), 73A, Rajasthan Urban Areas (Sub-Division Reconstitution and Improvements of plots) Rules, 1975, Rule 11 -- Intra Court appeal - Against pre-emptive purchase order - Writ jurisdiction - Writ Court cannot act as an appellate Court to examine the legality and correctness of the..........
Rajasthan Rent Control Act, 2001, Section 9(a) -- Eviction petition - Default in payment of rent - Notice reveals that though landlord claimed that rent of premises for a period of more than 4 months is due but neither actual period of rent nor the amount of rent due was specified in notice issued - Thus, while serving notice the amount due towards arrears of rent which..........
Constitution of India,1950, Article 226 -- Writ petition - Alternative remedy - Although there is alternative remedy of appeal is available under Rajasthan Stamp Act, however if there is question of jurisdiction is raised, petitioner cannot be prevented from preferring writ petition - Thus, Court ought not oust parties for alternate statutory remedy to decide question of..........
Constitution of India,1950 -- Entry 91, List I of Seventh Schedule, Rajasthan Stamps Act, 1998, Ss.3, 90, Companies Act, 1956, S. 394 - Applicability of S.90 of Rajasthan Stamp Act - S.90 of Rajasthan stamp Act is applicable in respect of documents specified in Entry 91 of List I of 7th Schedule of Constitution which provides for rates of stamp duty with respect to..........
