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. .....
Tag this Judgment!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. .....
Tag this Judgment!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. .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... and force and submitted that firstly the petitioner has not established anywhere, except the documents filed with the rejoinder that he was under such a mental condition that he could not take an appropriate and free decision to resign from the services of the respondent corporation. ..... 11/11 decision taken by the petitioner in furtherance of his resignation letter and the series of acts clearly establish that he finally and irrevocably chose to part ways with the respondent- corporation.16. ..... considered and under article 226 of the constitution of india, the respondent corporation can be directed by this court and the petitioner was a young man of 30 years at the time of filing of this writ petition in the year 2008 and a sympathetic view of the matter deserves to be taken by this court. ..... writ petition no.73/2008 alok sharma ..... writ petition no.73/2008 alok sharma ..... writ petition no.73/2008 alok sharma ..... writ petition no.73/2008 alok sharma ..... writ petition no.73/2008 alok sharma ..... writ petition no.73/2008 alok sharma ..... writ petition no.73/2008 alok sharma ..... writ petition no.73/2008 alok sharma ..... writ petition no.73/2008 alok sharma ..... writ petition no.73/2008 alok sharma ..... writ petition no.73/2008 alok sharma ..... writ petition no.73/2008 alok sharma ..... respondent- corporation to re- consider the case of the petitioner for withdrawal of the resignation letter submitted by him on the ground of alleged mental depression condition, the present writ petition has been filed in this court on 02.01.2008.6. .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... despite notice given by the applicant, no arbitrator was appointed by the developer, therefore, i deem it appropriate to accept this application. ..... date of order : 22.07.2014 present hon'ble mr.justice govind mathur mr.mukesh mangal, applicant, present in person by the court : by an instrument dated 09.02.2008, ansal properties and infrastructures limited, new delhi allotted a shop at ansal royal plaza . ..... clause 44 of the instrument dated 09.02.2008 provides for appointment of an arbitrator for redressal of the disputes between the parties. ..... no response to the notice for demand of justice was given; hence, this application as per [2].the provisions of section 11 (6) of the arbitration and conciliation act, 1996 is preferred. .....
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..... raghuvar (india) limited, (2000) 5 scc 299 in which the argument of limitation on the notice of demand of recovery issued by the assistant collector under section 11a of the electricity act, was not accepted, on the ground that modvat credit in respect of certain inputs could be reversed, if they were wrongly and undeservedly given by readjustment, and if need be, to recover ..... scc 34, on the powers of the electricity regulatory commission to review the tariff, it was held that the regulatory commission did not act outside its authority, in subjecting the grant of 3rd digit power factor incentive to the installation of the meters at the consumer's ..... the facts giving rise to the writ petitions were that the discoms, as licensees under sections 14 and 15 of the electricity act, 2003 (for short, 'the act') to transmit, distribute and trading in electricity, are required to install a correct meter, in accordance with the regulations, provided the licensee may require the consumers to give security for the ..... of incentive, without installation of the meters of the required specifications, which could have accurately measured the 3rd digit power factor, nor the provisions of the electricity act, 2003 provide, or the tariff assured 3rd digit power factor incentive to the industrial consumers, without installation of .2s meters. ..... (2008) 3 scc 128 to submit that if the licensee violates the tariff provisions, appropriate legal action can be taken, but that, for a mistake on the part of the .....
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..... of cashier-cum-godown keeper to officer cadre, appellant was in employment of the bank as cashier-cum-godown keeper and his status was that of a workman within the meaning of section 2(s) of the industrial disputes act, 1947 (for short, 'act of 1947').so far as service conditions of the cashier-cum-godown keeper, working under the respondent-bank, are concerned, obviously, those service conditions were governed by bipartite settlement dated 17th november, 1980, which ..... standing orders framed under and in accordance with the industrial employment (standing orders.act, 1946 are statutorily imposed conditions of service and are binding both upon the employers and employees, though they do not amount to statutory provisions .any violation of these standing orders entitles an employee to appropriate relief either before the forums created by the industrial disputes act or the civil court where recours.to civil court is open according to the principles ..... circumstances of the instant case, the order 12 under challenge is outcome of the powers exercised by the employer under the bipartite settlement, therefore, the only course, which was opened for the appellant, was to seek appropriate remedy under the act of 1947 and remedy of civil suit is, therefore, impliedly barred. ..... mohar singh [(2008) 5 scc542, yet again, hon'ble apex court had occasion to examine jurisdiction of civil court under section 9 cpc and held : 29. .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... the petitioner college and therefore, the vci may be permitted for physical verification of fulfilment of vci minimum standard of veterinary education regulations, 2008 at the petitioner college through its inspector or this court may appoint inspecting team for such verification and only thereafter, the council can take appropriate decision in the matter of allowing the admission/recognition of the qualification in respect of the petitioner college.13. ..... the committee constituted by this court to ascertain the removal of the deficiencies as pointed out by the petitioner college but then, till the inspection is carried out and appropriate decision is taken regarding the grant of sanction, the petitioner college deserves to be permitted to admit the students during the academic session 2015-16. ..... writ petition no.13792/13) 11 & animal science, parbhani are old colleges and were included in the first schedule at the time of coming into force of ivc act and thus, are recognized colleges as have been mentioned in the first schedule whereas the petitioner college has not found the place so far in the first schedule. ..... petitioner college and other similarly situated veterinary colleges outside the state of rajasthan inasmuch as, the number of colleges, who have been taken into schedule i of vci act are having deficiencies either more than arawali veterinary college, sikar vs. ..... , it is stated that they are government colleges and stand included in the first schedule attached to the ivc act. .....
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1. though the matter is placed for consideration of the application (ia no.15241/2009) moved as back as on 04.11.2009 for early listing but then, it is noticed that not only the application has been rendered redundant but even the petition itself has been rendered infructuous. this writ petition is directed against the order dated 25.09.2007 whereby the learned district judge, pali proceeded to dismiss an election petition as filed by the petitioner under section 36 of the rajasthan municipalities act, 1959 questioning the elections as held on 20.08.2005 for ward no.25 in the municipal board sojat city, district pali. it is not in dispute that the term of the office under the said election is already over.2. thus the matter herein can only be considered having academic connotations but no longer for any substantive relief for either of the parties.3. in the given set of facts and circumstances, there appears no reason to continue with this writ petition any further and it appears appropriate to terminate the proceedings herein as infructuous but with the observations that dismissal of this writ petition as infructuous shall not be of prejudice to either of the parties in relation to the subject-matter of the litigation at any future occasion.4. with the observation aforesaid, the petition stands dismissed as infructuous.5. the record be returned to the court concerned.
Tag this Judgment!Court : Rajasthan Jodhpur
..... the petitioners are free to take recourse to the appropriate remedy in accordance with law but no case for exercise of extraordinary writ jurisdiction is made out. ..... now at this stage that the position that has continued since 28.10.2009 regarding the status of the concerned panchayat samiti be taken up for alteration on the alleged ground of want of notice under section 101 of the act of 1994. ..... to be residing within the area of gram panchayat bhatki, have filed this writ petition seeking to question such creation of new panchayat samiti without compliance of the mandatory requirements of section 101 of the rajasthan panchayati raj act, 1994. .....
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