Court : Rajasthan Jodhpur
..... and institutions, cooperative societies and individuals registered with the khadi and village industries commission or the rajasthan khadi and village industries board, who though have been exempted under section 8(3) of the act, specific condition has been prescribed that no itc shall be claimed by such dealers.learned counsel for the petitioner also relied on the background, in which, the notifications dated 09.03.2007 ..... it would also be appropriate to notice the notifications having material bearing:- notification dated 16.03.2005 under the act of 1994:- s.no.1874:f.4(78)fd/tax/2004-168 dated : 16.03.2005 in exercise of the powers conferred by section 15 of the rajasthan sales tax act 1994 (rajasthan act no.22 of 1995) and in supersession of this department's notification no.f.4/(68)fd/tax-div/99- 271 (s.no.1147).dated, january 24, 2000 (as amended from time to time).the state government being of the opinion that it is expedient in the public ..... raised by learned counsel for the parties, it would be appropriate to notice the provisions of the act, which are relevant for the present purpose:- section 2(13) ..... from the above, it is clear that while by the notifications dated 16.03.2005 issued under the act of 1994, 16.02.2006 and 05.07.2006 issued under the act, 'a.c.sheets and bricks' were exempted, by notifications dated 09.03.2007, the goods a.c.12 sheets and bricks were taken out by s.o.371 (supra) and the manufacturers of a.c.sheets and bricks were exempted by inclusion .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... and institutions, cooperative societies and individuals registered with the khadi and village industries commission or the rajasthan khadi and village industries board, who though have been exempted under section 8(3) of the act, specific condition has been prescribed that no itc shall be claimed by such dealers.learned counsel for the petitioner also relied on the background, in which, the notifications dated 09.03.2007 ..... it would also be appropriate to notice the notifications having material bearing:- notification dated 16.03.2005 under the act of 1994:- s.no.1874:f.4(78)fd/tax/2004-168 dated : 16.03.2005 in exercise of the powers conferred by section 15 of the rajasthan sales tax act 1994 (rajasthan act no.22 of 1995) and in supersession of this department's notification no.f.4/(68)fd/tax-div/99- 271 (s.no.1147).dated, january 24, 2000 (as amended from time to time).the state government being of the opinion that it is expedient in the public ..... raised by learned counsel for the parties, it would be appropriate to notice the provisions of the act, which are relevant for the present purpose:- section 2(13) ..... from the above, it is clear that while by the notifications dated 16.03.2005 issued under the act of 1994, 16.02.2006 and 05.07.2006 issued under the act, 'a.c.sheets and bricks' were exempted, by notifications dated 09.03.2007, the goods a.c.12 sheets and bricks were taken out by s.o.371 (supra) and the manufacturers of a.c.sheets and bricks were exempted by inclusion .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... for the offence punishable under section 148 indian penal code in our opinion is not well founded as prosecution failed to prove their unlawful 26 d.b.civil writ petition no.446/2005 assembly armed with deadly weapons and conviction of accused jiva, babu, valji, nana, bharat and kanna for the offence punishable under section 302/149 indian penal code in ..... yadav and ors.v.state of bihar : jt2011(4) sc436 after analyzing the conditions therein, it was held in paragraph 26 of the judgment as under: 20 d.b.civil writ petition no.446/2005 "26) the above provision makes it clear that before convicting accused with the aid of section 149 indian penal code, the court must give clear finding regarding nature of common object and that ..... however, before going to the merits pertaining to the act of each and every appellant, it shall be appropriate to mention that as per section 141 indian penal code the 'unlawful assembly' means an assembly of 5 or more persons is designated 'unlawful ..... having swords in their hands and there were axes in the hands of 9 d.b.civil writ petition no.446/2005 bharat and nana and kana was armed with stick and valji was armed with 'bhala' all these accused ..... a body of persons go armed to take forcible possession of the land, it would be equally right to say that they 18 d.b.civil writ petition no.446/2005 have the knowledge that murder is likely to be committed if the circumstances as to the weapons carried and other conduct of the members of the unlawful assembly .....
Tag this Judgment!Court : Rajasthan
..... in such matters and it is a case where the workman died during pendency of reference and the learned tribunal after having recorded the finding that action of the employer petitioner was in violation of sec.25f of the act,1947, considered it appropriate to grant one time compensation of rs.25000/- in lieu of the period if the deceased workman would have been in service. 6. ..... instant petition is directed against the award impugned dt.30-08-2008 pursuant to which reference was answered in affirmative but the unfortunate fact was that pending reference the workman died on 19-06-2005, taking note thereof, the learned tribunal moulded the relief and observed that the family of the deceased workman may be entitled for one time compensation of rs.25000/- in lieu of reinstatement. 2. ..... this court has also gone through the award impugned and does not find any manifest error being committed which may call for interference but before concluding this court considered it appropriate to direct the petitioner to comply with the award by making payment to the widow within two months. 7. ..... however, since the workman died during pendency of reference on 19-06-2005, taking note thereof, the learned tribunal considered it appropriate to mould the relief and directed the employer petitioner to make payment of consolidated compensation of rs ..... 25000/- under the award impugned taking note of the fact of his services being rendered if would have been alive, from 01-03-1993 till 19-06-2005 (date of death). 4. .....
Tag this Judgment!Court : Rajasthan
..... been laid down in rule 5 of the rules of 1976 and, as per sub-rule (9) of rule 5, if the bank intends to exercise power vested in it by section 14 of the act of 1974, then, for the said purpose, the bank manager or agent concerned is required to apply to the collector informing him the intention of the bank to exercise its rights under section ..... to sell the entire property but, under sub-rule (14), certain restrictions upon such sale are imposed, by which, it is provided that the buyer must be an agriculturist as defined in the act, land acquired from a person who is a member of a scheduled caste or scheduled tribe shall not be sold to persons who are not members of scheduled castes or scheduled tribes and/or, ..... agencies and for matter connected therewith and/or institutional thereto came into force on 21.9.1974 in the name of 'rajasthan agricultural credit operations (removal of difficulties) act, 1974' (hereinafter referred to as 'the act of 1974') with statement of objects and reasons, as follows:one of the main objectives of the legislation relating to social control of banks in 1968 ..... by the order dated 5.5.2005, the division bench hearing the appeal considered it appropriate to refer the matter to larger bench for reconsideration of the judgment rendered in asuram's case (supra), in view of the following arguments raised by learned counsel for the land development bank:(i) sub-section(1) of section 43 of the act of 1955 provides that a khatedar tenant may hypotheticate or .....
Tag this Judgment!Court : Rajasthan
Reported in : 2007CriLJ1734; RLW2007(3)Raj1914
..... challenge to the procedure adopted in this case to the search and seizure is questioned, it is useful to find even from the very judgment that the question as to whether or not the safeguards provided under section 50 of the act were observed would have, however, to be determined by the courts on the basis of the evidence led at the trial and the finding on that issue, one way or the other, would be relevant for recording an order ..... the document exhibit p-3 the notice given to the accused under section 50 and exhibit p-4 the seizure-memo, and, on that basis he contended that pw-1 mehtab singh, who himself was an authorised officer under section 42 of the act, gave option to the accused for his search before himself as he was a gazetted officer also, and, after obtaining the consent of the accused, a search of contraband from the person of accused was made in presence of ..... the learned counsel for the appellant further contended that from the recovery-memo of contraband as well as arrest-memo of the accused, it is clear that so-called notice under section 50 of the act, 1950, was not recovered from the possession of the accused, therefore, it should be presumed that no notice was given to him and it should be treated as violation of mandatory provisions of section 50 and the accused ..... pawan kumar 2005 cri lj 2208 (supra), held that the most appropriate meaning of the word 'person' appears to be 'the body of human being as presented to public view usually with its appropriate coverings .....
Tag this Judgment!Court : Rajasthan
Reported in : III(2007)BC620
..... of the sale proceeds and the distribution thereof among the creditors in terms of section 529a and section 529 of the companies act(iv) in a case where proceedings under the recovery of debts due to banks and financial institutions act, 1993 or the sfc act are not set in motion, the creditor concerned is to approach the company court for appropriate directions regarding the realisation of its securities consistent with the relevant provisions of the companies ..... by the instant application under sections 446 and 537 of the companies act, 1956 (for short '1956 act'), the applicant has prayed as under:to quash and set aside the notice (annexure-a/2) published in newspaper rajasthan patrika dated november 13, 2005 and the auction proceedings dated november 22, 2005 along with the certificate of sale dated june 7, 2006 (annexure-a/5) issued by the recovery officer, debts recovery tribunal, jaipur (rajasthan) and to direct recovery ..... to the case on hand, i find that since the official liquidator has not been associated in auction proceedings by recovery officer, drt, jaipur the notice (annexure-a/2), auction proceedings held on november 22, 2005 along with the certificate of sale dated june 7, 2006 (annexure-a/5) deserve to be quashed.14. ..... (vii) the notice dated november 13, 2005, auction proceedings dated november 22, 2005 and sale certificate dated june 7, 2006 are illegal and void being violative of sections 536 and 537 of 1956 act and in view of the order of apex court dated november .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR2007Raj168; RLW2007(2)Raj1674
..... facie established that third child was born after 23.11.95; hence was called upon to appear for personal hearing before competent authority to examine dispute/complaint in exercise of powers under section 39(2) of rajasthan panchayati raj act, 1994 ('act, 1994') and in other set of matter, at the stage when inquiry was pending, writ petitions were filed before learned single judge for setting aside very notice served upon writ petitioner in holding ..... before noticing these provisions, it would be appropriate to make some introductory remarks and refer to the relevant provisions of the act.8. ..... according to the respondents, by reason of the birth of the third child after 27.11.2005 she was disqualified from contesting the election and she was therefore not entitled to continue in office ..... 9558/2005 staying the order of the state government dated 28.11.2005 by which the writ petitioner/respondent, dinesh chand, was removed from the office of pradhan, panchayat samiti baseri on receipt of the enquiry report of ceo zila parishad, dholpur holding that he was disqualified for election as he had more than two children after 27.11.2005.7. ..... 9758/2005, for quashing the enquiry initiated by the chief executive officer (ceo), zila parishad jhunjhunu ..... 276/2006 and 289/2006 are converse cases at the instance of the complainant and the state, respectively, challenging the interim order of the learned single judge dated 20.12.2005 in s.b. ..... the election in question was held in the month of january 2005. .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2006(4)Raj2636; 2006(4)WLC46
..... including the victims of atrocities, during investigation and trial of offences under this act;(iii) the provision for the economic and social rehabilitation of the victims of the atrocities;(iv) the appointment of officers for initiating or exercising supervision over prosecutions for the contravention of the provisions of this act;(v) the setting up of committees at such appropriate levels as the state government may think fit to assist that government in ..... -vr% esjh vksj ls lgefr is'k dj fuosnu gs fd ekfqdifjoknh i{k ds fuosnu ij eq>s ifcyd izksfld;wvj fu;qdr fd;k tkosaathe learned collector-cum-district magistrate, pali has proceeded to pass the impugned order dated 16.6.2005 (annex.4) at such request and consent thus,-mijksdr izdj.k esa izkfkhz lkaoyjkr ,oa lrdhnsoh ifrulo- jh eksguyky es?koky ds vkosnu i= rfkk vki ds }kjk izsf'kr izlrko fn- 7-6-05 ij fopkjdj vkidks leiw.kz izdj.k ..... however, it needs to be made clear that to the extent permissible by rule 4(5) of rules of 1995, the application moved by the complainants dated 7.6.2005 could still be considered by the district magistrate and engagement of shri bora or any counsel for that matter conforming to the other requirements of law could be resorted to and ..... the petitioner has submitted this writ petition questioning the legality and validity of the order dated 16.6.2005 passed by the learned collector-cum-district magistrate, pali with the submissions that the order is clearly beyond the authority and power of the .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2005(4)Raj2841; 2005(4)WLC459
..... in bombay union of journalists' case (supra), the hon'ble supreme court held that when the dispute raises question of law, then the appropriate government should not reach a final decision on the said question of law because it lies within the domain of the labour court or the industrial tribunal.11. ..... 1 (secretary, ministry of labour, government of india, new delhi) is directed to make reference under section 10(1) of the industrial disputes act, 1947 of the dispute raised by the petitioner to an appropriate industrial tribunal within one month from today.no order as to costs. ..... reported in : (1964)illj351sc , the main contention raised before the apex court was that the reasons given by the appropriate government for refusing to make reference considering the merits of the dispute was not proper. ..... that apart, the petitioner has also raised question of violation of provisions of section 25f, 25g, and 25h of the act of 1947 which cannot be decided by the appropriate government and hence the order dtd. ..... thus, from the law laid down in the above authorities, it is clear that the appropriate government is not entitled to adjudicate the dispute itself on merits as the government's function under section 10(1) of the act of 1947 is purely administrative in nature.17. ..... 19.2.2001 clearly reveals that the appropriate government had decided the matter on merits by holding that the petitioner had not completed 240 days of service. ..... ) = rlw 2005(3) 193616. ..... reported in 2005(2) rdd 252 (raj. .....
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