Court : Rajasthan
Reported in : 1993WLN(UC)235
..... contribution has been demanded from the appellant for any period prior to 31st december, 1983, is situated in the extended municipal limits of pali municipality as aforesaid and if so, appropriate relief in terms of aforesaid judgment may be granted to the appellant. ..... act itself was not applicable to the area prior to 1st january, 1984 and demand in respect of contribution to esi fund against the plaintiff could not have been raised, for that period. ..... act were extended to the said extended municipal limits of the pali municipality with effect from 1st january, 1984. ..... act.2. .....
Tag this Judgment!Court : Rajasthan
Reported in : (1994)ILLJ542Raj; 1993WLN(UC)129
..... section 11a of the industrial disputes act, 1947, clothes the labour court, tribunal and the national tribunal with the powers to give an appropriate relief in case of discharge or dismissal of a workman if the dispute is referred for adjudication to the tribunal and the tribunal is satisfied that the order ..... powers of the labour court, tribunal and national tribunal to give appropriate relief in case of discharge or dismissal of workmen: where an industrial dispute relating to the discharge or dismissal of a workman has been referred to a labour court, tribunal or national tribunal for adjudication and in the ..... section 10 of the act provides that where the appropriate government is of the opinion that any industrial dispute exists or is apprehended, it may, at any stage, by order in writing, refer the dispute or any matter appearing to be connected with it or relevant to the dispute if it relates to any ..... it is contended by the leaned counsel for the petitioners that the provisions of section 11a of the industrial disputes act, 1947 (for short, 'the act') can be pressed in service by the industrial tribunal or labour court where the industrial dispute referred to the tribunal is only related to the discharge, dismissal or termination of a workman and not in ..... a close reading of sections 7 and 10 alongwith schedule ii of the act makes it very clear that under section 10 of the act, the court has been given power to go into the question of propriety and legality of the order passed .....
Tag this Judgment!Court : Rajasthan
Reported in : 1993CriLJ2815; II(1993)DMC353; 1993(2)WLC517
..... will be considered in an appropriate case.now, the only question remains for our consideration is, that what should be the maintenance allowance payable to the appellant within 'iddat' period as per the provisions of section 3(1)(a) of the act of 1986. ..... the meantime, the muslim women (protection of rights on divorce) act, 1986 (hereinafter referred to as 'the act of 1986') came into force, the respondent moved an application under act of 1986 before the trial court, in the recovery proceedings. ..... ), in para 36, the matter is concluded in holding that under the muslim women act, a divorced woman is entitled tohave a reasonable and fair provision from her former ..... the respondent alimuddin raised an objection that after coming into force of the act of 1986 the appellant is not entitled for recovery of arrears in pursuance of the order passed under section 125. cr. ..... , these applications will be disposed of as per the provisions of the act of 1986.section 3(1)(a) of the act of 1986 provides fair and reasonable provision for maintenance to a divorced woman, payable within the 'iddat' period by her ..... does not remain in force as there is no saving clause provided under the act of 1986, which enables the respondent to enforce her right under section 125(3), ..... (2) dcm 204), the single bench of andhra pradesh high court has taken the view that after coming into force of the act of 1986, it cannot be said that the provisions of that act abrogate the scope and ambit of section 125 to 128, cr. p.c. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1993WLN(UC)170
..... it is, no doubt, true that the supreme court is not bound to follow its own decision under article 141 of the constitution of india and is free to reconsider them in appropriate cases, but a bench of the supreme court cannot over rule or disapprovent the decision of another bench of equal number of hon'ble judges and in case of disagreement, the matter should be ..... authority to consider the representation would in validate the order.in this view of the matter, the non-consideration of the representation by the detaining authority and reporting the matter to the appropriate government alongwith its opinion and parawise comments, does not invalidate the order of detention passed by the detaining authority.12. ..... order of detention, as requited under sub-section (4) of section 3 was sent by the detaining authority alongwith its report/parawise comments to the central government under section 3(5) of the act together with its report and the central government, under sub-section (5) of section 3 of the act, approved the detention order as it was of the opinion that there is no necessity to interfere with the order of detention approved by the state government and there is no ..... judgment of the supreme court in the case of santosh anand in view of the specific provision contained under section 8 of the act, which requires for making the representation to the appropriate government only and not to the detaining authority. ..... act requires the, representation to be made to the 'appropriate .....
Tag this Judgment!Court : Rajasthan
Reported in : 1993WLN(UC)182
..... it is, no doubt true that the supreme court is not bound to follow its own decision under article 141 of the constitution of india and is free to reconsider them in appropriate cases, but a bench of the supreme court cannot over-rule or disapprove the decision of another bench of equal number of hon'ble judges and in case of disagreement, the matter should be ..... detaining authority to consider the representation would invalidate the order.in this view of the matter, the non-consideration of the representation by the detaining authority and reporting the matter to the appropriate government alongwith its opinion and parawise comments, does not invalidate the order of detention passed by the detaining authority.11. ..... of detention, as required under sub-section (4) of section 3 was sent by the detaining authority alongwith its report/parawise comments to the central government under section 3(5) of the act together with its report and the central government, under sub-section (5) of section 3 of the act, approved the detention order as it was of the opinion that there is no necessity to interfere with the order detention approved by the state government and there is no reason ..... judgment of the supreme court in the case of santosh anand in view of the specific provision contained under section 8 of the act, which requires for making the representation to the appropriate government only and not to the detaining authority. ..... act requires the representation to be made to the 'appropriate .....
Tag this Judgment!Court : Rajasthan
Reported in : 1993CriLJ2217
..... it is, no doubt, true that the supreme court is not bound to follow its own decision under article 141 of the constitution of india and is free to reconsider them in appropriate cases, but a bench of the supreme court cannot overrule or disapprove the decision of another bench of equal number of hon'ble judges and in case of disagreement, the matter should ..... considering the question : whether the disclosure of a document is in the public interest or not, held that the question of public interest is not justiciable and although the constitution of india and the act have left it to the detaining authority to decide what materials and particulars should be withheld, the court must at least be satisfied that the authorities have applied their mind and have come to the ..... by this habeas corpus petition, has challenged the legality of the order dated october 2, 1992 (annexure 1), passed by the district magistrate, barmer, under section 3(3) of the national security act, 1980 (for short 'the act') by which the learned district magistrate, barmer, after being satisfied that the activities of the petitioner were prejudicial to the security of the 'state', ordered for his detention in the ..... of the supreme court in the case of santosh anand in view of the specific provision contained under section 8 of the act, which requires for making the representation to the appropriate government only and not to the detaining authority. ..... act requires the representation to be made to the 'appropriate .....
Tag this Judgment!Court : Rajasthan
Reported in : 1993CriLJ2688
..... court while considering the question : whether the disclosure of a document is in the public interest or not, held that the question of public interest is not justiciable and although the constitution of india and the act have left it to the detaining authority to decide what materials and particulars should be withheld, the court must at least be satisfied that the authorities have applied their mind and have come to the conclusion ..... of the matter, the non-consideration of the representation by the detaining authority and reporting the matter to the appropriate government alongwith its opinion and parawise comments, does not invalidate the order of detention passed by the detaining authority ..... gadra road, and the special officer, chautan and the village crime book of village khalefe ki babad, the district magistrate, barmer, was satisfied that with a view to preventing the petitioner from acting in any manner prejudicial to the security of the state, his detention is necessary and issued the order annexure 1 ordering the detention of the petitioner in the central jail, jodhpur. ..... the judgment of the supreme court in the case of santosh anand in view of the specific provision contained under section 8 of the act, which requires for making the representation to the appropriate government only and not to the detaining authority. ..... section 8, therefore, provides that the representation against the detention has to be made to the appropriate government and not to the detaining authority. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1994(3)WLC183
..... gade rao [1983] 143 itr 260 wherein it was held that it is a legal obligation which has to be discharged by it for the marriage of the daughter and if a settlement has been effected for making appropriate provision for the marriage of the daughter in accordance with the custom and usage prevalent in the family, the settlement cannot be considered to be a gift.24. ..... in the appeal before the appellate controller of estate duty, the claim was held not allowable and it was held by the appellate controller that after the coming into force of the hindu succession act every female heir is entitled to a share in the deceased's interest in the hindu undivided family property and, therefore, the question of allowability with regard to the marriage expenses of the family after the death of the ..... in this case, it was also considered that the traditional concept of hindu law has not only not been altered but has been recognised by the hindu adoptions and maintenance act, 1956, which, inter alia, defines 'maintenance' under sub-section (3)(b) as in the case of unmarried daughter, also the reasonable expenses of and incidental to her marriage ..... bandi subba rao : [1987]167itr66(ap) was also relied upon, in which the provisions of the hindu adoptions and maintenance act, 1956, as well as under the general hindu law in respect of the obligation of the father to maintain an unmarried as well as married daughter so long as she is unable to maintain herself from the family to which she was given, .....
Tag this Judgment!Court : Rajasthan
Reported in : [1994]205ITR553(Raj)
..... -company from the different electricity boards ensured a ready market for the company when the company actually went into production and it purchased raw materials and stock in advance so that it could go into production on an appropriate scale and supply the goods against the orders which it had already received. ..... the term 'business' has been defined in section 2(13) of the act to include any trade, commerce or manufacture or any adventure or concern in the matter of trade, commerce or manufacture. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1993Raj197
..... that the disc antenna, which is a wireless telegraph apparatus and the cable net-work which fallswithin the definition of 'telegraph' and 'telegraph line' require licence under the indian telegraph act and the indian wireless telegraph act, 1933 and nobody can instal the disc antenna or can operate the cable network without obtaining the valid licence and if he works in contravention of the provisions of the indian - ..... the last question, which requires consideration is whether the collector and district magistrate or the assistant collector cum sub-divisional magistrate has powers under the indian telegraph act, 1885, or under the indian wireless telegraphy act, 1933, to restrain the petitioners from operating the cable net-work and disc antenna receiving and transmitting the programmes broadcast by zee tv, star tv, pjus, sports, times, bbc ..... and 3 of the exemption rules have been granted to radio, tv and vcr and it has been stated that they shall not be treated as wireless telegraphy apparatus for the purpose of indian wireless telegraphy act, 1933, but so far as the installation of the special antenna for receiving tv signals and transmitting the same through the cables is concerned, it falls within the term 'wireless telegraphy apparatus'. ..... cum sub-divisional magistrates of the respective sub-divisions thereafter issued letters to the station house officers concerned to take appropriate action against the cable operators and to stop the transmission through the cable system. .....
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