Judgment Search Results Home > Cases Phrase: appropriation act 2008 Sorted by: old Court: rajasthan Page 1 of about 7,298 results (0.044 seconds)

Bright Future Teacher Training Vs. State

Court : Rajasthan

Reported in : RLW2009(2)Raj1197

..... covered by entry 25 of list iii of schedule vii to the constitution that there is a concurrent power of parliament as well as the state legislatures and appropriate act can be made by the state legislature subject to limitations and restrictions under the constitution.63 & 74 parliament has enacted the 1993 act, which is in force. ..... state government to examine the application of each of the petitioners and pass appropriate orders by 10.11.2008 and on the same day, copies will be made available to the ..... , the case was ordered to be considered for the next academic session but in the instant cases, it is the beginning of the academic session 2008-2009 and this court has also issued directions to dispose of the application for no objection on 5.11.2008 during the process of counselling with the further observation that it would be permissible for the respondent to reasonably extend the date of counselling but the ..... by the aforesaid order dated 5.11.2008, the respondent state of rajasthan was directed by this court to examine the application of each of the petitioners and to pass appropriate orders by 10.11.2008 and on the same day, copies of the orders so passed be ..... for the reasons mentioned here-in-above, all the aforesaid writ petitions are allowed and the respective impugned orders dated 7/10.11.2008 are quashed and set aside and the following directions are issued:(i) the state government is directed to fill up all the sanctioned seats, either sanction is for fresh seats or .....

V.K. Kaushik (Dr.) Vs. Smt. Kushal Singh and ors.

Court : Rajasthan

Reported in : 2009(3)WLN304

..... 1578/2001 within a period of one month and in case the respondents fail to comply with the same, then the tribunal is directed to make reference under section 10 of the contempt of courts act, 1971 read with article 227 of the constitution of india to this court for taking appropriate action under the contempt of courts act, 1971. ..... there are various statutes which provide for constitution of statutory tribunals which tribunals have exclusive jurisdiction to deal with matters which come within the purview of such acts under which such tribunals are constituted and in respect of such matters civil court's jurisdiction are ousted. ..... (10) since the tribunal is legally authorised to deal with the matter, in judicial or quasi judicial manner and civil court's jurisdiction is ousted and further no appeal has been provided, therefore, the respondents are bound to act in accordance with the judgment of the tribunal unless it is stayed or set aside by the high court. ..... 16.09.2008 and the alleged disobedience is of the judgment dt. ..... 16.09.2008 would reveal that this court has simply not interfered with the judgment of the tribunal dt. ..... the petitioner has directly approached this court for initiation of the contempt proceedings simply on the ground that the writ petition against the aforesaid judgment of the tribunal was dismissed on 16.09.2008. ..... by dismissing the said writ petition on 16.09.2008.2. ..... 45/2008 state of rajasthan v. dr. v.k. .....

Bhanwar Lal Acharya Vs. State of Rajasthan and ors.

Court : Rajasthan

Reported in : 2009(3)WLN505

..... the contention of the petitioner is that a regular inquiry was conducted under section 57(1) of the rajasthan co-operative societies act, 2001 (hereinafter referred to as the act of 2001) by the registrar, co-operative societies and in that inquiry, the petitioner was exonerated from the same charges vide order dt. ..... 29.09.2008, therefore, it is made clear that the respondents will be free to take appropriate action and may initiate the inquiry afresh, in case the order dt. ..... be it as it may be, it is no in dispute that for the same charge inquiry was conducted by competent authority and that too, by registrar of the co-operative societies under section 17 (1) of the act of 2001 and he has been exonerated. ..... 29.09.2008, which was communicated to the petitioner on 13.10.2008. ..... in these facts and circumstances, i do not find that the departmental inquiry can proceed against the petitioner for the allegations for which petitioner has already been exonerated by a registrar of co-operative societies under the act of 2001.7. ..... 29.09.2008 may take a decision in accordance with law if matter is taken up to that authority.6 ..... 29.09.2008 (annex.15) is concerned, they can have the remedy in accordance with law and the authority who can re-examine the order dt ..... 29.09.2008 by application of mind by taking a positive decision on it ..... 29.09.2008, obviously in that view of the matter they yet to decide whether to challenge the order dt ..... 29.09.2008 and, therefore, the charge cannot be quashed at this stage .....

Lalit Kumar Vs. Union of India (Uoi) and ors.

Court : Rajasthan

Reported in : [2007(114)FLR713]; RLW2007(4)Raj3382; 2008(2)SLJ43(Raj)

..... : (2000)illj561sc hon'ble supreme court held that although law does not prescribe any time limit for the appropriate government to exercise its power under section 10 of the industrial disputes act, 1947, it is not that this power can be exercised at any point of time so as to revive ..... ) but it does not mean that irrespective of the facts and circumstances of each case, a stale claim must be entertained by the appropriate government while making reference or in a case where such reference is made the workman would be entitled to the relief at the hands ..... hon'ble apex court held that while considering the question as to whether a reference should be made under section 12(5), the appropriate government has to act under section 10(1) of the act which confers discretion on the government either to refer the dispute or not to refer it. ..... 1995 supp (2) supreme court cases, 733 hon'ble supreme court held that it is not obligatory on the part of the appropriate government to make a reference of a dispute in each and every case where the reference is sought as the government has to weigh the facts keeping in mind the objective of industrial peace ..... view of the matter, i am of the considered opinion that the reasons recorded by the respondent appropriate government for not making the reference after a lapse of 20 years cannot be said to be ..... krishnamurthy : 2008(228)elt162(sc) , hon'ble supreme court held that a legal remedy cannot be kept alive for unreasonable period even if the statute does .....

Manohar Lal Vs. Smt. Shakuntala and ors.

Court : Rajasthan

Reported in : RLW2007(3)Raj2190

..... the tenant, then it cannot be a material alteration or a construction within the rented premises and, therefore, no decree could have been passed by the court below on the basis of the said act of the defendant, nor mere demolition of wall (not admitted by the appellant-defendant), it can be said that the suit premises has been materially altered by the defendant. ..... has been filed by taking help of the specific provisions of law made under sub-clause (e) of sub-section (1) of section 13 of the rajasthan premises (control of rent and eviction) act, 1950 and, therefore, he specifically took a defence that the persons named by the plaintiffs were put in possession with the consent of the landlord. ..... case as well as the nature of the business of the appellant, it will be appropriate to allow the appellant to remain in occupation till 30.4.2008.28. ..... (3) whether for the purposes of raising ground of eviction under section 13(1)(c) of the act, the 'construction' envisaged must necessarily be construction within the letout premises or any construction which has the effect of materially altering the leased premises, ..... law, which had specific language like, use of the premises by the tenant in a manner as to destroy or reduce the value or utility materially and permanently or the tenant has committed such acts as are likely to impair materially the value and utility of the rented premises, whereas the act applicable to the present case, that is the act of 1950, language is materially different. .....

Omprakash Vs. Chief Electoral Officer and ors.

Court : Rajasthan

Reported in : AIR2009Raj161

..... the petitioner, regional transport authority entertained doubts whether in view of the model code of conduct enforced by the election commission of india, it could decide the application and pass appropriate orders in terms of sections 68 and 72 of the motor vehicles act, 1988. ..... it would be evident from the above referred to observations made by the supreme court that motor vehicles act, 1988 has provided a complete scheme according to which, request for grant of permit shall be entertained, considered ..... an independent statutory body which has to judicially apply its mind and after hearing of the interested parties, pass appropriate order. ..... 2008) 7 scc 117 : air 2008 sc 1888 and submitted that supreme court in that case while analyzing the issue of functioning of the regional transport authority held that the authority is an independent quasi-judicial body which is required to act in terms of the act ..... evident from clause 10(f) although, it is clear that this was not a case where a memorandum of understanding or an agreement was intended to be signed by the state of rajasthan with the state of haryana which process was already over on 12-9-2008 when such duly signed agreement was notified. ..... this notification was issued pursuant to agreement dated 12-9-2008 between the state of rajasthan and the state ..... it is contended that chief electoral officer on 17-4-2008 directed that although hearing of the matter may take place but the final order should be passed only after the election process .....

State of Raj. and anr. Vs. Judge, Labour Court No.2, Jaipur and ors.

Court : Rajasthan

..... application that he was appointed on daily wages basis on 01.06.1987 and worked upto 01.09.1993 and without any notice or salary in lieu thereof, in breach of sec.25-f & h of the act his services were terminated and when he was not allowed to join duties reference was made by the appropriate government vide its notification dt.07.04.1997 which came up for adjudication before the learned labour court and after affording opportunity of hearing to the respective parties the ..... been marked from 01.09.1993 and since he had completed more than 240 days, the respondents were under an obligation to comply the mandatory provision contemplated u/s.25f of the act,1947 and accordingly reference was answered in affirmative vide award impugned herein dt.02.07.2008 and while quashing and setting aside the order of termination w.e.f.01.09.1993, the petitioner was directed to reinstate the respondent-workman with continuity of service but without back wages ..... instant petition is directed against the award passed by the labour court dt.02.07.2008 by which the reference made by the appropriate government was answered in affirmative. 2. ..... which has been raised is nothing but an excuse to save their skin and this court does not find any manifest error being committed by the learned labour court while passing the award impugned dt.02.07.2008 which may call for interference. 5. .....

Kalu Ram Vs. Central Admi. Tribunal Jodhpur and ors

Court : Rajasthan Jodhpur

..... justice vineet kothari mr.basti chand for the petitioner by the court: by way of this writ petition, the petitioner, now about 56 years of age, seeks to question the order dated 30.01.2012 as passed in original application (oa) no.222/2008 whereby the central administrative tribunal, jodhpur bench, jodhpur (cat) declined his prayer for quashing of the alleged verbal order dated 12.06.2000 terminating his services after finding that he was engaged only as a casual ..... hence, the award as made by the labour court on 01.08.2003 was declared bad in law and was quashed while leaving it open for the petitioner to avail of appropriate remedy against termination. ..... it is submitted that when the petitioner continued to serve for about 16-17 years, as is proved by the identity cards, and has become over-aged for any other employment, the cat ought to have considered granting appropriate relief to him. ..... however, the matter was taken up in this court in cwp no.4941/2007 wherein earlier, the court directed compliance of the provisions of section 17b of the industrial disputes act, 1947 (the act of 1947). ..... the learned single judge observed that gref was a unit of the armed forces discharging sovereign functions and was not an industry for the purpose of the act of 1947. ..... the contempt petition and the writ petition both were considered together by a learned single judge of this court on 24.03.2008. ..... petitioner filed a contempt petition bearing number 65/2008. .....

M/S Galaxy Exports Vs. Commissioner of Income Tax

Court : Rajasthan Jodhpur

..... the commissioner of income tax(appeals), udaipur 3 tax appeal no.39/2008, but the income tax appellate tribunal only already remanded the matter to assessing officer, therefore, instead of deciding the case on merits by this court, it will be appropriate that assessing officer may be directed to decide the matter in the light of decision rendered by this court in d.b. ..... the income tax appellate tribunal in the case of assessee itself relating to the assessment year 2003- 04 took a view that assessee is entitled for deduction under section 80hhc of the act, whereas in the assessment year 2004-05 took a contrary view and held that assessee is not entitled for deduction under section 80hhc. ..... in the case of present assessee/appellant for the assessment year 2003-04, the income tax appellate tribunal took a view that assessee is entitled for deduction under section 80hhc of the income tax act for export of marble blocks, which are cut and polished, whereas in the present case, the tribunal d.b. ..... therefore, we are of considered opinion that the learned tribunal was justified in allowing the deduction under s.80hhc of the act regarding export of cut and polished marble blocks during relevant years by the assessee- respondents. ..... in the present case, finding of the learned tribunal is in favour of assessee-respondents and it has been categorically held that the assessee- respondents are eligible for deduction under s.80hhc of the act for export of marble blocks, which were cut and polished. .....

Union of India and anr Vs. Narhari Thakar and anr

Court : Rajasthan Jodhpur

..... coming to the question about the ambit and scope of the powers of the commissioner, appropriate it would be to take note of the relevant provisions of the act of 1995, while keeping in view the objects and reasons of the enactment, which are, inter alia, to spell out the responsibility of the state towards the prevention of disabilities, protection of rights, provision of medical care, education, ..... therefore, it seems reasonable that keeping in view the provisions of section 47 of the persons with disabilities act, 1995 and the decision of hon ble supreme court dated 04.01.2008, the respondent should consider reinstatement of the complainant. ..... versus punjab state electricity board: (2008) 1 scc579that the department should consider his case for reinstatement with necessary recoveries of the retirement benefits already paid and adjustment of pension received by him, so far could be made in just and reasonable manner. ..... more than three years after voluntary retirement, the respondent no.1 filed a complaint on 03.11.2008 before the chief commissioner of persons with disabilities, inter alia, with the submissions that his case was squarely covered under section 47 of the act of 1995. ..... had been undertaken, the hon ble supreme court upheld the order of the commissioner and directed the authorities to reinstate the appellant in service and also grant her arrears of salary with effect from 01.02.2008. .....