Court : Rajasthan
Reported in : RLW2009(1)Raj216
..... international airport authority of india : (1979)iillj217sc , ..... airport authority of india ..... rules, motor vehicles (new high security registration plates) order, 2001 (in short 'order 2001') purported to be issued in exercise of the powers under sub-section (3) of section 109 of the central motor vehicles act, 1989; the guidelines dated 6.3.2002 and the mandatory requirement of the tender condition 2.19.2 to substantiate their submission stated in the reply that the petitioner company was not found to be technically qualified in evaluation process as ..... the amendments made in the central motor vehicle rules, 1989 by the central motor vehicles (1st amendment) rules, 2001, in exercise of powers conferred by sub-section (3) of section 109 of the motor vehicles act, 1988, the centered government has framed the motor vehicles (new high security registration plates) order, 2001.18, the tender is in five part-section-i relates to instructions to the bidder, section ii relates to preparation ..... be issued by the licence plate manufacturer or his dealer;(v) the plate shall be fastened with non-removable/nonreusable snap lock fitting system on rear of the vehicle at the premises of the registering authority;the licence plates with all the above specifications and the specified registrations for a vehicle shall be issued by the registering ..... union of india (1994) 6 ..... of india (1994) ..... ramanna dayaram shetty : (1979)iillj217sc , tata cellular (1994) 6 scc 651 and directorate of education and ors. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1991Raj84; 1990(1)WLN326
..... the international airport authority of india (air 1979 sc 1628) summarized the following tests :--(1) 'one thing is clear that if the entire share capital of the corporation is held by govt. ..... tool room and training centre, (1982 (3) slr 580) wherein delhi high court after noticing ajay hasia's case (supra) and international airport authority's case (supra), has observed that a writ petition against the society registered under the societies registration act, 1860 is not maintainable since it is not a 'state' within the meaning of article 12 of the constitution nor an 'authority' within the meaning of article 226 of the constitution of india.sabhajit tewary v. ..... in view of the numerous decisions cited before me, a private body or a society registered under the societies registration act, 1860 cannot be termed as 'state' within the meaning of article 12 of the constitution of india or falling within the category of 'any other authority', within meaning of article 226 of the constitution', unless they are statutory authorities or instrumentality of the state. ..... union of india, air 1975 sc 1329: (1975 lab 1c 819) wherein the council of scientific and industrial research, a society registered under the societies registration act has been held not to be an authority under article 12 of the constitution as it does not have statutory character like the oil and natural gas commission or the life insurance corporation of india etc. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1981Raj170; 1981()WLN53
..... international airport authority of india (air' 1979 sc 1628) (supra), the matters of judicial review in matters of contracts and tender have assumed new ..... i would have saddled the respondents with costs but the petitioner has also acted in a very selfish manner by not giving the names of officers and parties from which he alleged that purchases have been made almost at double price of the ..... in the matter of purchases of store the state functionaries are required to act with stringent principles mentioned in this manual and safeguard that they are not circumvented by any device or method of avoided on any pretext ..... unlike a private individual, the state cannot act as it pleases in the matter of giving largess and it cannot choose to deal with any person it pleases in its absolute and ..... jammu and kashmir (supra) is that the government cannot act arbitrarily in the matters of contract. ..... government is dealing with the public, whether by way of giving jobs or entering into contracts or granting other forms of largess, the government cannot act arbitrarily at its sweet will. ..... this case should act as ''eye opener'' to all who are trustees of 'public funds' and custodians of 'rule of law' and should result in a 'probe' in the allegation of the ..... made serious grievances that the public functionaries are squandering the public money and are displaying not only dereliction of duties enjoined but betrays confidence upon them to safeguard public money and in acting with a questionable conduct.11. .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2007(3)Raj1749
..... international airport authority of india and ..... this strong statutory flavour and clear indicia of power - constitutional or statutory, and its potential or capability to act to the detriment of fundamental rights of the people, which makes it an authority; though in a given case, depending on the facts and circumstances, an authority may also be found to be an instrumentality or agency of the state and to that extent they may overlap ..... of the government of rajasthan a society in the name of 'lok jumbish parishad' was constituted and registered under the act of 1958 for advancement of basic education and implementation of lok jumbish project in the state. ..... the council, a registered society under the act of 1958, according to its memorandum of association, have the objectives as follows:(a) to act as a autonomous and independent body for implementation of the rajasthan primary education project as outlined in the project document to be published by government of rajasthan and its revised version that may be prepared on the basis of ..... subject to the provisions of the controller and auditor general (duties, powers and conditions of service) act, 1971 (hereinafter referred to as 'the rules of 1971'). ..... the parliament by the constitution (86th amendment) act, 2002 by inserting article 21-a made the free and compulsory education to all children of the age of 6 to 14 years as a fundamental right in the terms that 'state shall provide free and compulsory education to all children of the age of .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1988Raj145; 1988(1)WLN131; 1(1988)WLN(Rev)24
..... international airport authority of india, air 1979 sc 1628, wherein the true legal position with regard to applicability of article 14 in such situations has been summarised and which has been followed ..... therefore, be taken to be the law that where the government is dealing with the public, whether by way of giving jobs or entering into contracts or issuing quotas or licences or granting other forms of largess, the government cannot act arbitrarily at its sweet will and, like a private individual deal with any person it pleases, but its action must be in conformity with standard or norms which is not arbitrary, irrational or irrelevant. ..... we have no hesitation in holding that the allotment of land reserved and set apart for industrial purpose under section 92 of the rajasthan land revenue act, 1956 has to be made in accordance with these rules by adopting a procedure which would give equal opportunity to all eligible intending claimants to be considered for allotment of the land for setting up an industry in accordance with ..... rules for allotment of government land set apart for industrial purpose are framed in exercise of the powers conferred by section 100 of the rajasthan land revenue act, 1956 and these rules are called the rajasthan land revenue (industrial areas allotment) rules, 1959. ..... section 92 of the rajasthan land revenue act, 1956 empowers the collector, subject to the general orders of the state government, to set apart land for any special purpose or for any public or .....
Tag this Judgment!Court : Rajasthan
Reported in : 1988(2)WLN419
..... international airport authority of india and ors. ..... and, for that matter, an instrumentality of the government or a statutory public corporation, is dealing with the public, whether by way of giving jobs or entering into contracts or issuing quotas or licences or granting other forms of largesse, they cannot act arbitrarily at their sweet will and, like of private individual, deal with any person they please, but their action must be in conformity with standard or norms which are not arbitrary, irrational or irrelevant. ..... when it is said that even in administrative action, the authority must act fairly, it ordinarily means in accordance with the principles of natural justice variously described as fair play in action. ..... from the terms and conditions of the contract or the surrounding circumstances, it could not be brought about that the state had acted maladife or prompted by improper and corrupt motive or in order to promote the private interest of some one at the cost of the state. ..... following the decision in kasturi lal lakshmi reddy's case (supra) that there was nothing at all to show that the state acted malafide or out of improper or corrupt motive or in order to promote the private interest of some one at the cost of the state. ..... 1 that the act of the authorities in the grant of lease of distillery was malafide and nor the act had been shown to be vitiated by any such arbitrariness as should call for any interference by the court.27. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1982WLN(UC)489
..... the international airport authority of india : (1979)iillj217sc has observed that the government is not free to act as it likes in granting largesse such as awarding a contract or selling or leasing out its property and that if the government awards a contract or leases out or otherwise deals with its property or grants any other largesse, it would be liable to ..... . in so far as the non-compliance of rules of natural justice is concerned, it has already been pointed out that the rules of natural justice have no application where the state or its officers act in exercise of powers which are governed exclusively by the terms of contract because in such cases the only question which arises is whether the action complained of is, or is, not, in consonance with the terms of ..... by the terms of the contract, and one of the parties to the contract complains about breach of such contract by the state, no writ or order can be issued under article 226 of the-constitution to compel the authorities to remedy a breach of contract pure and simple. ..... when a contract is sought to be terminated by the officers of the state, purporting to act under the terms of an agreement between parties, such action is not taken in purported exercise of a statutory powa(sic) at all.the limitations imposed, by rules of natural justice cannot operate upon powers which are governed ..... in this writ petition filed under article 226 of the constitution of india, carries on business of manufacturing polyethelene bags. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1985(1)WLN114
..... airports authority of india : (1979)iillj217sc , the rule inhibiting arbitrary action by the government would equally apply where such corporation dealing with the public whether by way of giving jobs or entering into contracts or otherwise and it cannot act arbitrarily and its action must be in conformity with some principle which meets the test of reason and relevance.now if appellant entered into a solemn contract in discharge and performance of its statutory duty and the respondent acted ..... a position under article 226 of the constitution would certainly lie to direct performance of as tatutory duty by 'other authority' as envisaged by article 12according to shri rangarajan the aforesaid observations of the supreme court indicate an expansion in the field of judicial review and that if the state or its officers act arbitrarily or unreasonably in the discharge of constitutional obligations, their action can be challenged in proceedings under article 226 of ..... that with the expanding horizon of judicial review the position has altered and that the extraordinary jurisdiction under article 226 of the constitution can be invoked in every case where a public authority acts arbitrarily or unreasonably in exercise of the powers conferred on it. ..... enable a subject to recover damages against a public authority, nor a declaration, nor an injunction.according to lord denning the aforesaid defect in public law has now been removed by the enactment of section 31 of supreme court act, 1981.17. .....
Tag this Judgment!Court : Rajasthan
Reported in : (1996)IIILLJ1181Raj; 1996WLC(Raj)UC263; 1995(1)WLN508
..... airport authority of india and ..... of a lawyer only but assistance of a competent lawyer, capable to assist the court effectively on the subject matter of the is in between the parties and, where it is not so provided injustice is likely to result.undeniably, every act of injustice corrodes the foundations of democracy and supremacy of rule of law, because nothing rankles more in the human heart than a feeling of injustice. ..... secondly, it must be taken to be well-settled law that the expression 'matters relating to employment' used in article 16(1) is applicable to initial matters prior to the act of employment and also comprehends all matters in relation toimployment both prior and subsequent to the employment which are incidental to the employment and form part of the terms and conditions of such employment, such ..... like to observe with judicial restraint that rajasthan legal aid committee, rajasthan high court at jaipur headed by its executive chairman is a statutory body created under newly inserted article 39a of the constitution of india by constitution (forty second) amendment act, 1976, which is made effective with effect from january 31, 1977. ..... in view of the aforesaid facts and circumstances, the state cannot be permitted to act arbitrarily in appointing a person against the substantive post in a permanent department as casual/ work-charged employee and make temporary appointment in an adhoc time bound project or scheme, where a person is entitled to be appointed as casual .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1993Raj86; 1992(2)WLC463; 1992(1)WLN415
..... has observed that the international airport authority cannot accept tender of persons who ..... that the state government may by order in writing and after giving him an opportunity of being heard, and making such inquiry as may be deemed necessary, remove any panch,' sarpanch or upsarpanch who (a) refuses to act or becomes incapable of acting as such, or (b) in the opinion of the state government has been guilty of misconduct or neglect in the discharge of his duties or of any disgraceful conduct, provided that any such inquiry as it is ..... out against the sarpanch, as a result of preliminary enquiry how could the records of the panchayat be allowed to remain in the custody of such a person, if the sarpanch becomes incapable of acting for some reason or otherwise or in case the sarpanch refuses to act or neglects in the discharge of his duties then the state government would be justified in exercising its powers of supervisory control, if it proceeds to pass an order of suspension of the panch or ..... an appropriate writ, order or direction:(a) the word 'proceedings' as used in sub-section (4) of section 63 of the act be read down as inquiry and it be declared that suspension cannot be effected without considering reply of the member;(b) without prejudice to above, sub-section (4) of section 63 be declared to be violative of article 14 of the constitution of india and be struck down;(c) the impugned order annexure-1 dated 11-11-1991 may be quashed and set aside and the respondents may be .....
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