Court : Rajasthan
Reported in : RLW2005(2)Raj905; 2005(1)WLC202
..... conducting entrance test, which has been conducted by the university, the university should provide the name of the students for viva voce and viva voce is to be conducted by the institution not by the stale agency and university.by referring para 65 wherein the hon'ble supreme court has held that the private educational institutions have a personality of their own, and in order to maintain their atmosphere and traditions, it is ..... counseling for the admission in the private medical college/dental college against the management quota.in view of this fact i find no fault that the state government is undertaking counseling through independent agency and since the petitioner's institution has representation in the counseling, they should not raise any grievance and they should show their bonafides. ..... which is pending against various private medical and dental colleges, learned counsel for the petitioner submits that the investigation is under progress and after lapse of more than 4 months the investigating agency has still not arrived at conclusion whether the members of the federation are on fault or not.in support of his submissions he placed the order passed in s.b. ..... on 7.7.2004 before this court and the court has observed that the members of the petitioner federation are expected to co-operate with the investigating agency and similarly, the government is also expected not to harass the persons concerned related to the federation of private medical & dental colleges unnecessarily. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1980Raj176
..... provided by the government, it would go a long way towards indicating that the corporation is an instrumentality or agency of government, although, it is not possible to formulate an all-inclusive or exhaustive test to determine whether a corporation established by a statute or incorporated under law is an agency or instrumentality of the government, yet the matter can be decided by considering the provisions of the statute creating ..... in order to decide the question as to whether the urban improvement trust, created under the 1959 act, is such an instrumentality or agency of the state so that it can be said to fall within the category of 'state government department', specified in section 18 of the act of 1953, it would be necessary to consider the ..... is of such public importance and so closely related to governmental functions as to be classified as a governmental agency, then even the presence or absence of state financial aid might be irrelevant, in making a finding of ..... court further observed :'the ultimate question which is relevant for our purpose is whether such a corporation is an agency or instrumentality of the government for carrying on a business for the benefit of the public. ..... the course in which his lordship observed :--'now, it is obvious that the government which represents the executive authority of the state, may through the instrumentality or agency of natural persons or it may employ the instrumentality or agency of juridical persons to carry out its functions. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1983WLN237
..... provisions of the punjab cooperative societies act and ajia hasis's case : (1981)illj103sc , it was held that the punjab state cooperative land mortgage bank is not an instrumentality or agency of the state, and consequently, it cannot be deemed to be an authority within the meaning of article 12 and as such, is not amenable to the writ of certiorari under ..... thing is clear that if the entire share capital of the corporation is held by government it would go a long way towards indicating that the corporation is an instrumentality or agency of government;(2) where the financial assistance of the state is so much as to meet almost entire expenditure of the corporation, it would afford some indication of the corporation being ..... specially, if a department of government is transferred to a corporation, it would be a strong factor supportive of this 'inference' of the corporation being an instrumentality or agency of government.if on a consideration of these relevant factors it is found that the corporation is an instrumentaliy or agency of government, it would, as pointed out in the international airport authority's case, be an 'authority' and, therefore, a 'state' within the meaning of article 12.before a full bench of the punjab & harayana high court in ..... no cut and dried formula which would provide the correct division of corporation into those which are instrumentalities or agencies of government and those which are not.the rule laid down in ramana's case : (1979)iillj217sc was .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2004(4)Raj2528; 2004(4)WLC219
..... may be incorporated under the law, and is managed by the board of directors, or committee of management, in accordance with the provisions of the statute, under which it is incorporated, it becomes instrumentality or agency of the government, depending on the extent of the holding of the share capital, nature of control, or the functions which corporation is also to carry out, possess any particular characteristic, or feature, or nature of the functions.14. ..... the courts should be anxious to enlarge the scope and width of the fundamental rights by bringing within their sweep every authority which is an instrumentality or agency of the government or through the corporate personality of which the government is acting, so as to subject the government in all its myriad activities, whether through natural persons or through corporate ..... and the government, having regard to the practical advantages of functioning though the legal device of a corporation, embarks on myriad commercial and economic activities by resorting to the instrumentality or agency of a corporation, but this contrivance of carrying on such activities through a corporation cannot exonerate the government from implicit obedience to the fundamental rights. ..... institute, apart from the fact, that according to the respondents, the main source to financial aids are the donors, and not the government, or any other agency of the government, and the learned counsel for the petitioner has not been able to show it to be otherwise. .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2005(1)Raj389
..... a sanctioned capacity and shall be valid for a period of five years for commencing the construction, operation or mining.iii(a) the reports submitted with the application shall be evaluated and assessed by the impact assessment agency, and if deemed necessary it may consult a committee of experts, having a composition as specified in schedule iii of the notification. ..... order to enable the impact assessment agency to monitor effectively the implementation of the recommendations and conditions subject to which the environmental clearance has been given, the project authorities concerned shall submit a half yearly report to the impact assessment agency shall make compliance reports publicly available ..... if no comments from the impact assessment agency are received within the time limit, the project would be deemed to have been approved as proposed by project ..... of experts mentioned above shall be constituted by the impact assessment agency or such other body under the central government authorized by the impact assessment agency in this regard. ..... incomplete data or plans for the second time would itself be a sufficient reason for the impact assessment agency to reject the case summarily.ii. ..... (c) the impact assessment-agency shall prepare a set of recommendations based on technical assessment of documents and data, furnished by the project authorities, supplemented by data collected during visits to sites or factories if undertaken, and details of public hearing.the assessment shall .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1991Raj84; 1990(1)WLN326
..... 'state' within the meaning of article 12 of the constitution of india, though it receives substantial contribution from the government and the government has full control over its activities but since it was neither an agency nor instrumentality of the state, therefore, it would not come within the definition of 'other authorities' under the constitution. ..... of the feeling that there should be a voluntary organisation to fulfil its objects which were not governmental business and ultimately, it was found that it is neither an agency nor an instrumentality of the state so as to come within the purview of expression 'other authorities' under article 12 of the constitution of india.18. ..... it has however been stated that the school does not come within the definition of word 'state' nor is it an agency or instrumentality of the state and does not come within the purview of the pharse 'other authorities' under article 12 of the constitution of india and as such, it is not amenable ..... duty of the government to provide food to the public and ordinary shop keepers also provide and sell food, they will also become an agency of the state and fall within the definition of word 'state' under article 12 of the constitution of india.20. ..... ' if on a consideration of these relevant factors it is found that the corporation is an instrumentality or agency of government, it would, as pointed out in the international airport authority's case be an 'authority' and therefore, 'state' within the meaning of the .....
Tag this Judgment!Court : Rajasthan
Reported in : 1974WLN673
..... (b) recruitment to fill the, vacancies occurring in the posts of statisticians shall be made by promotions from among statistical assistants in various departments and by selection through the agency of the commission in the proportion of 1:2provided that if the selection committee prescribed by rule 25 (2) is satisfied that in a particular year suitable persons are not available for appointment by promotion the vacancies existing in that year may be filled by ..... (this proviso is added from 14-9-66)(3) that for the purposes of determination of seniority; persons appointed under proviso (2) to rule 8 shall be deemed to have been appointed by selection through the agency or the commission from the date on which they joined service in the directorate of economics and statistics (this proviso is added on 28-9-67)12. ..... additional government advocate reliesion the third proviso to rule 31 which lays down that for the purposes of determination of seniority persons appointed under proviso (2) to rule 8 shall be deemed to have been appointed by selection through the agency of the commission from the date on which they joined service in the directorate of economics and statistics. ..... government is satisfied, after consultation with the commission, that in a particular year suitable persons are not available for appointment bv promotion to any of the said posts, then it may fill such posts by selection through the agency of the commission. .....
Tag this Judgment!Court : Rajasthan
Reported in : (2008)16VST387(Raj)
..... 160. thus, the compensatory nature of tax as per the respondent-state is founded not for the purpose of providing any specific facility by the state or through its agency to trade, commerce or intercourse and to reimburse itself of the expenses incurred in that behalf but to fund the municipalities or the other local authorities on account of abolition of octroi to be levied and collected by such authorities in ..... case 0065/1962 : [1963]1scr491 , the court has observed that:.if a statute fixes a charge for a convenience or service provided by the state or an agency of the state, and imposes it upon those who choose to avail themselves of the service or convenience, the freedom of trade and commerce may well be considered unimpaired ..... 103. the court explained:.if a statute fixes a charge for a convenience or service provided by the state or an agency of the state, and imposes it upon those who choose to avail themselves of the service or convenience, the freedom of trade and commerce ..... the present case instead of abolishing the levy of octroi only the agency of levying the tax and collecting the same has been substituted ..... if the tax is imposed for general revenue of the state, the incidental benefit reaching to trade and commerce on account of general activities of the state or its agencies, such incidental benefits will not make it compensatory ..... augmenting general revenue is not compensatory, though due to activity of state or its agencies in discharge of its general obligation as welfare state .....
Tag this Judgment!Court : Rajasthan
Reported in : 1992CriLJ1491; 1990(2)WLN461
..... seizures made under this act.clause 1 of rule 6.13 of the rajasthan police rules, 1965 says that in all important cases two plans of the scene of the offence shall be prepared by a qualified police officer or other suitable agency, one to be submitted with the charge-sheet or final report and other to be detained for departmental use, so according to this rule, in all important cases site plan should be prepared by the investigating officers.21. ..... wassan singh (supra), referred by the learned public prosecutor is not applicable to the facts of the present case, as independent witnesses were available and investigating agency deliberately withheld and calling of independent witness from public for search is not an idle formality, as observed in 1988 (1) ai cr lr 815, suneri alias chamari v. ..... when the legislation has given some safeguards to the accused persons, the prosecution agency has no right or authority to take away that right or to disobey the provisions of the act. ..... the investigating agency has failed to discharge its duty deligently and properly, even, in such cases of anti-social activities of smuggling at border, the culprit is going without being punished, due to the lack of proper investigation and zeal of the .....
Tag this Judgment!Court : Rajasthan
Reported in : 1972WLN375
..... learned deputy government advocate has drawn the attention of this co(sic)r to the agency agreement, dated january 12, 1961, and argued that the agreement had been arrived at between the parties on or after january 12, 1961. ..... gulraj bahadur says in his statement that he had been told by ghanshyam lal that he wanted to start his business and in that connection he would like to obtain the agency of the supply of sewing machines from c.b. ..... the record speaks that prior to this talk the agency had already been taken.11. ex p. ..... in the light of the foregoing colloquy, it is difficult to reach the conclusion that accused ghanshyam lal had a talk with gulraj bahadur about the agency of c.b. ..... gopal lal had talked to me about agency.... ..... the accused told him that he wanted to start business of sewing machines and would take agency of c.b. .....
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