Court : Rajasthan Jodhpur
..... respondent no.2 is ex facie illegal, unjust and arbitrary; the petitioner never sublet or transferred the shop in question to rajiv kumar so as to violate the provisions of the rule 72b of the rules and section 34 of the rajasthan excise act, 1950 ('the act') and, consequently, there was no breach of any of the conditions of the licence so as to require cancellation; it is alleged that the action was taken by the respondents on account of extraneous considerations, inasmuch as, firs.the notice ..... so long as there is no violation of the conditions of the renewed licence by the petitioner, cancellation of the existing licence for violation of conditions of previous licence will not be on a valid ground as contemplated under the provisions of the act and the rules; if only there is a transfer or assignment after a renewal, then only it can be said that there is a violation of the conditions of renewed licence, which can give rise to a valid ground for cancellation of ..... law that grant of renewal is a fresh grant though it breathes life into the operation of the previous lease or licence granted as per existing appropriate provisions of the act, rules or orders or acts intra vires or as per the law in operation as on the date of renewal..... . ..... same licence continues in force during the additional period and that grant of licence is a fresh grant though it breathes life 11 into the operation of the previous lease or licence granted as per existing appropriate provisions of the act. .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... may also be sought in any legal proceedings before a civil court, family court or criminal court, affecting the aggrieved person and the respondent whether such proceeding was initiated before or after the commencement of the act and any relief referred to in sub- section (1) of section 26 may also be sought for in addition to and along with any other relief that the aggrieved person may seek in such suit or legal ..... as per the provisions of section 1(3), the act enacted by the parliament was to come into force on such date as central government may by notification in the official gazette appoint and therefore, the act which has come into force on 26.10.2006, vide notification dated 17.10.2006, issued by the central government, cannot be made operative retrospectively so as to provide the remedy for the act of domestic violence alleged to have been committed ..... that apart, section 20 empowers the magistrate to pass appropriate orders extending monetary relief to the aggrieved person or any child of the aggrieved person to meet the expenses incurred ..... pass appropriate order under the provisions of sections 12, 18, 19, 20, 21, 22 or 23 of the act on a petition filed by such a woman and the person who commits breach of the protection order or interim protection order passed on an application filed by such a woman will be liable to punishment under section 31 of the act. ..... the matter, it would be appropriate to refer to the background leading to the enactment of the act by the parliament.14. .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... , (2000) 7 scc618 while relying upon earlier decisions noticed above, the hon'ble supreme court opined that before teachers are allowed to teach innocent children, they must receive appropriate and adequate training in a recognized training institutes satisfying the prescribed norms, otherwise the standard of education and careers of children will be jeopardized. ..... : (2000) 7 scc618 has held that with the change in law and the notification dated 23.08.2010 issued under section 23 of the national council of teachers education act, by the ncte, which has been declared as academic authority authorised by the central government by notification, it is not legally permissible to employ the teachers who have not passed the teacher eligibility test ( tet ) which is to be conducted by appropriate government in accordance with the guidelines framed by ncte. ..... of teacher gr.iii, senior teacher and school lecturer dehors the relevant recruitment rules and the eligibility criteria laid down by the ncte exercising the power under the relevant statute, the provisions of the act of 2009, and against the constitutional scheme of public employment, cannot but deemed to be illegal, arbitrary and falls foul of article 14, 21 & 21a of the constitution of india. . 11. ..... the appellant-petitioner was engaged as 'vidhyarthi mitra', on contract in the year 2006 and thereafter to teach the students in government primary school, chhipi, district jalore. .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... lands have been regularized under the aforesaid government circulars under section 90b of the act, despite the aforesaid land acquisition proceedings having become final by taking premium as per those government circulars, if the state government considers it appropriate to even now issue any notification under section 48 of the land acquisition act, 1894 for de-acquisition of land in question, wholly or partially to the extent ..... of land already regularized in favour of other persons under section 90b of the act and in the cases where the possession of the land has not been ..... appearing for the petitioners vehemently urged that the respondent secretary, uit, udaipur had grossly erred and discriminated against the petitioners while dismissing their application under section 90b of the act even though several such other applications of different applicants in respect of land situated in the total land of 4800 bighas acquired for `bhuwana extension scheme' came to be ..... is wholly without merit for the reason that application was filed much after the subject land was withdrawn from acquisition vide notification dt.01/12/2006 and that was maintainable under the law and will not affect the rights & title of the land holders in whose favour .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... abhijeet joshi appearing for the petitioners vehemently urged that the respondent secretary, uit, udaipur had grossly erred and discriminated against the petitioners while dismissing their application under section 90b of the act even though several such other applications of different applicants in respect of land situated in the total land of 4800 bighas acquired for `bhuwana extension scheme' came to be allowed by the respondent uit, udaipur ..... 31/10/1998, is wholly without merit for the reason that application was filed much after the subject land was withdrawn from acquisition vide notification dt.01/12/2006 and that was maintainable under the law and will not affect the rights & title of the land holders in whose favour it sbcwp no.7734/2010 ram narain ..... variation in the order passed in the case of present two petitioners brothers, ram narain dhabhai and chain shanker dhabhai from the other writ petitions and for comparative analysis, it is considered appropriate to reproduce both the short orders in the case of anil purohit (cw no. ..... entitled to recover the price paid to shri ganesh narayan gupta along with the amount of cost by availing appropriate sbcwp no.7734/2010 ram narain dhabhai & anr. vs. ..... open for the appellants to take recourse of appropriate proceedings in accordance with law for ventilating their ..... petitioner remains after decision of the application under section 90 b he will have liberty to avail such appropriate remedy in appropriate forum in accordance with law. .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... abhijeet joshi appearing for the petitioners vehemently urged that the respondent secretary, uit, udaipur had grossly erred and discriminated against the petitioners while dismissing their application under section 90b of the act even though several such other applications of different applicants in respect of land situated in the total land of 4800 bighas acquired for `bhuwana extension scheme' came to be allowed by the respondent uit, udaipur ..... 31/10/1998, is wholly without merit for the reason that application was filed much after the subject land was withdrawn from acquisition vide notification dt.01/12/2006 and that was maintainable under the law and will not affect the rights & title of the land holders in whose favour it sbcwp no.7734/2010 ram narain ..... variation in the order passed in the case of present two petitioners brothers, ram narain dhabhai and chain shanker dhabhai from the other writ petitions and for comparative analysis, it is considered appropriate to reproduce both the short orders in the case of anil purohit (cw no. ..... entitled to recover the price paid to shri ganesh narayan gupta along with the amount of cost by availing appropriate sbcwp no.7734/2010 ram narain dhabhai & anr. vs. ..... open for the appellants to take recourse of appropriate proceedings in accordance with law for ventilating their ..... petitioner remains after decision of the application under section 90 b he will have liberty to avail such appropriate remedy in appropriate forum in accordance with law. .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... rejection of this writ petition shall not prejudice the rights of the petitioner to avail appropriate legal remedy in accordance with law against the impugned actions of the respondents. [17]. ..... involving environmental issues, made following observations: as in our comprehension, the proceed- ings on board do involve environmental issues relatable to the legislation(s) as the case may be, and set out in schedule i of the act and are best suited to be adjudicated upon by the specialized fora (learned tribunal) equipped with the essential expertise as visualized by the act, we construe it appropriate to transfer the same to it forthwith. ..... be transferred as they were filed despite alternative remedy available un- der the act of 2010 and for which, detailed dis- cussion has been made in the ..... is not the appropriate proceeding for adjudication ..... direct that all the matters instituted after coming into force of the ngt act and which are covered under the provisions of the ngt act and/or in schedule i to the ngt act shall stand transferred and can be instituted only before ngt. ..... and 38(5).it can safely be concluded that the environmental issues and [6].matters covered under the ngt act, schedule i should be instituted and litigated before the national green tribunal (for short ngt . ..... in an appropriate case after entertaining the petitions by an aggrieved party if the tribunal declines an interim order on the ground that it has no such power then it is possible that such aggrieved party can .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... sushmita basu & others referred to supra observed that the private schools cannot be compelled to pay salary to the teachers equal to the government school teachers for want of any rules and after the scheme of act 1989 and rules 1993 framed thereunder as have been examined in its terms we do not find that there 17 is any provision which mandates the scale of pay & allowances of recognized unaided institution has to ..... also placed reliance upon two judgments of this court wherein after examining the entire scheme of the rajasthan non government educational institutions act, 1989 and the rules framed thereunder, this court held that the aided recognised institutions and recognised institutions are two different connotations ..... non- aided recognised institutions deserve adequate pay and other perquisites, but while exercising powers under article 226 of the constitution of india we do not consider it appropriate to issue any writ to the state legislature to legislate provisions in this regard. ..... applicants and as accepted by the tribunal, the employees of the second and third set of institutions, after promulgation of the act of 1989 and the rules of 1993 form one class and all these employees must be treated at par so far as ..... at this juncture we deem it appropriate to clear that discharging the notice shall in no manner be treated as an impediment or mandate of the court for not providing adequate wages, other monetary benefits and perquisites to ..... it will be appropriate to quote extract .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... the said dated 25/9/2005 & for that the assessee is not entitled to any relief because the full rate of tax under the rst act in absence of declaration in c form for the period from 26/9/2005 to 1/12/2005 was 19% and from 2/12/2005 to 31/3/2006, it was 28%, therefore, the petitioner assessee cannot contend that his taxliability over 6% cst is waived by order dtd.13.5.2008 annex.p/12 because ..... nature of inter-state sale shall be on the dealer; and notfn shall not be eligible to claim benefits provided by notfn no.f.4(72)fd/gr.iv/81-18 dated 6.5.1986 as amended from time to time (s.no.625).5.section 8 of the cst act as amended by finance actno.20/2002 with effect from 11.5.2002 is also reproduced herein below for ready reference:prior to amendment after amendment8.rates of tax on sales in the course of 8.rates of tax on sales ..... section (1) or clause (b) of section (2) of this section, the tax payable under this act by a dealer on his turnover in so far as turnover or any part thereof relates to the sale of any goods, the sale or, as the case may be, the purchase of which is, under the sales tax law of the appropriate state, exempt from tax generally or subject to tax generally at a rate which is lower than four percent (whether called a tax or fee or by any ..... or purchase of any goods shall not be deemed to be exempt from tax generally under the sales tax law of the appropriate state if under this law the sale or purchase of such goods is exempt only in specified circumstances s.b. .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... the employer was required to make payment of wages in a tune of 50% of the total wages from 08.06.1992 to the date on which the award was notified as per section 17 of the act of 1947 and subsequent thereto, the workman is entitled for complete wages applicable for the post of helper working with public health engineering department. ..... vimal mathur for the respondents by the court : the appropriate government by notification dated 08.06.1992 referred an industrial dispute for its adjudication to labour court, jodhpur in the terms that whether termination of workman chotha ram s/o gopa ram, resident of lavera khurd, tehsil bhopalgarh, district ..... the averments contained in para 3 of the writ petition, the award was accepted by the appropriate government and the same was notified as per the provisions of section 17 of the act of 1947. ..... court arrived at the conclusion that the retrenchment was effected without adhering the provisions of section 25-f of the act of 1947, therefore, the same was void ab initio. ..... relief the workman is entitled the labour court by its award dated 29.01.1996 answered the reference by holding the termination of the workman from service as retrenchment as defined under section 2(oo) of the (2) industrial disputes act, 1947 (for brevity, hereinafter referred to as 'the ..... subsequent thereto, the respondent-employer is required to make payment of full wages, but obviously adjusting the amount already paid as per the provisions of section 17-b of the act of 1947. .....
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