Court : Rajasthan Jodhpur
..... reported in (2009) 1 scc 308 took a different view and held that the expression person in charge of goods under section 78 (5) of the act was wider expression and included the owner of the goods even prior to 22.03.2002 also, however, penalty could be imposed on such owner subject to giving of opportunity of hearing ..... imposition of penalty on the owner of the goods prior to the amendment in section 78 (5) of the rst act with effect from 22.03.2002, a coordinate bench of this court earlier in the case of assistant commercial taxes officers ..... the position of law with regard to the imposition of penalty under section 78 (5) of the act is that there is no requirement in law for revenue to establish mens rea on the part of assessee in these penalty proceedings under section 78 (5) of the act, has been settled by the catena of judgments of the hon'ble supreme court and has been reiterated by the full bench of this court in a recent case decided upon a reference in the case ..... the revenue authority and it was found that the documents accompanying the goods were not in accordance with the relevant legal provisions and, therefore, thus proceedings under section 78 (5) of the rst act were initiated and a penalty of rs.43,454/- was imposed on assessee vide order dated 04.11.2000. ..... challenge being laid by the respondent-assessee by filing appeal before the learned deputy commissioner (appeals), the same was allowed vide order dated 02.12.2006, setting aside the penalty order dated 04.11.2000. .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... that co-ordinate bench of this court passed an order on 07.04.2014 in which, certain observations are made with regard to conduct of the petitioner association but upon raising objection by the respondents counsel, i deem it appropriate to hear this matter finally because this writ petition is pending since 2011, therefore, list this matter on 10.07.2014 in firs.ten cases on that date, matter may be decided finally. ..... at the threshold, this petition was laid by mewar railway staff & trolley contractor sangh by depicting it as a society registered under the societies registration act and one mr.bhawani singh rajawat has sworn affidavit as secretary ..... high court of judicature for rajasthan at jodhpur order mewar railway staff & trolley contractor sangh versus union of india & ..... dated 24th of june 2013 is also annexed, which was addressed to senior divisional commercial manager, divisional office, ajmer by the deputy registrar, societies, udaipur with a clear recital that no society like mewar railway staff & trolley contractor sangh is registered as society or ngo. ..... is imperative that the petitioner approaching the writ court must come with clean hands and put forward all the facts before the court without concealing or suppressing anything and seek an appropriate relief. ..... limited (supra).hon ble apex court laid down that no party can suffer by an act of the court, more particularly when court has acted on [10].certain facts which were not correctly apprised to it by a litigant. .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... umadevi(3)1 cannot be held to have overridden the powers of industrial and labour courts in passing appropriate order under section 30 of the mrtu and pulp act, once unfair labour practice on the part of the employer under item 6 of schedule iv ..... the powers conferred under the proviso to article 309 of the constitution of india providing for regularization of the services of those daily wagers, who had completed ten years of service on 10.4.2006 (the date on which the judgment in secretary, state of karnataka and others v/s umadev ((2006) 4 scc 1) was rendered by the constitution bench of the supreme court), without intervention of any court or tribunal, and were continuously working as such on the date of commencement ..... amendment of rule 6 by the rajasthan class iv service (recruitment and other service conditions) (amendment) rules, 2009 (for short, the rules of 2009 ), a person has to be in continuous service for a period of ten years upto 10.4.2006, without the intervention of any court or tribunal, to seek the benefit of regularization. 9. ..... the workman had completed ten years of service on 10.4.2006, when the rajasthan various service (amendment) rules of 2009 ..... umadevi (2006) 4 scc 1 does not denude the industrial and labour courts of their statutory power under section 30 read with section 32 of the mrtu and pulp act to order permanency of the workers who have been victim of unfair labour practice on the part of the employer under item 6 of schedule iv where the posts on which .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... that certain civil rights which might be lost by members of the dawoodi bohra community as a result of excommunication even though made on religious grounds and that the act prevents such loss, does not offer sufficient basis for a conclusion that it is a law providing for social welfare and reform within art.25(2). ..... of santhara/sallekhana is practised under force or compulsion and does not amount to religious activity, whereas it is sufficient to state at this stage that this religious practice or activity or faith is nowhere defined as illegal or criminal act and as such, the same is neither punishable nor subjected to investigation unless any specific complaint is received by the police authorities. ..... ((2005) 8 scc 534), a constitution bench considering the bombay animal preservation (gujarat amendment) act, 1994 restricting the bulls and bullocks below the age of 16 years could not be slaughtered, repelled the challenge on the ground that slaughtering of cows on bakri's is neither essential nor necessarily required as apart ..... notices of the petition were issued on 22.9.2006 also calling upon the superintendent of police (east), jaipur to do the needful if the petitioner approaches him ..... in appeal no.9575/2003 decided on 21.8.2006, the supreme court held that jain religion is undisputedly not a part ..... on the next date fixed on 21.12.2006, a large number of individuals sought intervention, to which an objection was taken by the petitioner that they are not true representatives of .....
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..... denied to be contrary to public interest, admittedly the same facilitate the public but considering the limited resources available and the pattern of approved planned through the railway budget the same can be agitated by way of representation to be considered by the appropriate authorities for providing budgetary assistance and other required decisions. ..... filed in public interest, the petitioner has prayed for the following reliefs: it is, therefore, most respectfully prayed that by an appropriate writ, order or direction, the respondents may be directed to undertake the work of gauge conversion from meter gauge to broad ..... the prayer for providing connectivity in isolation to considering broad view would certainly affect parameters which prevailed for over all development in respect of railway facilities in the country as the grounds raised by the petitioner failed to consider the many other important and vital projects which after being examined found to be ..... to get connected through the train route despite all above facts still there are vast tracks of hinter land waiting for rail connectivity, railway is vested that varied responsibility at the one hand is expected to earn like a commercial enterprise but also to serve like a welfare organization. ..... india d.b.civil writ petition no.3255/2014 date of order: dec.8, 2014 present hon'ble the acting chief justice mr.sunil ambwani hon'ble mr.justice p.k.lohra mr.m.s.singhvi, sr.advocate, assisted by mr.hemant ..... (per hon.act g.cj mr.suni .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... urged that for such paltry sum of rs.6,600/- per month, it is very difficult for the petitioners to make their both ends meet and unless, they are regularised under the directions of this court or by the act of the respondent state itself, in the absence of the regular pay-scales and other service benefits, it is a clear case of exploitation of the petitioners putting them in a totally disadvantageous position, having no voice or bargaining power available with ..... to determine the vacancies on an annual basis and notify the same, they cannot successfully defend their act of appointing the employees on a temporary or contractual basis for long years and under the garb of such plea of projects having limited life or financial constraints, be allowed to exploit the s.b. ..... indian railway construction co. ..... indian railway construction co. ..... umadevi (3), (2006) 4 scc1:2006. ..... said position under the contractual appointment which was extended from time to time by the respondents and they have also relied upon the order passed by a co-ordinate bench of this court in a writ petition (no.7476/2006) : suman & ors. vs. ..... civil writ petition no.7473/2006 smt. ..... : cw no.7465/2006, decided on 05.03.2014, (xiv) dr. ..... : cw no.3090/2006, decided on 06.09.2013 (x) shanker lal khatik vs. ..... umadevi : (2006) 4 scc1 (ii) nihal singh & ors. vs. ..... uma devi : (2006) 4 scc1 4. .....
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..... already made to them, the respondent no.3, namely, the chief engineer of the mahi bajaj sagar project, bansawara and the chief secretary of the government of rajasthan are directed to pass appropriate speaking separate order in the cases of present petitioners for computing their pensionary benefits and after adjustment of the contributory fund payments already made to them, they should release the balance of ..... undisputedly having rendered qualifying services of more than 10 years, there is no reason to hold them disentitled for consideration of their cases for the grant of pension in view of circular dated 04.09.2006 quoted above which made applicable the government of rajasthan decision no.5 under rule 14 of the pension rules 1996 to all such work-charge employees covered under the 1964 rules or for standing orders ..... applicable to the concerned department to be covered under the said decision no.5 quoted in the circular dated 04.09.2006 and such other petitioners are also thus admittedly those persons who have rendered more than 10 years of qualifying service and therefore, amendment brought in the standing orders applicable to ..... work charged employees can claim protection under the industrial disputes act or the rights flowing from any particular statute but they cannot ..... mastan bee v/s general managerm, south central railway and another reported in (2003) 1 scc8and decision of hon ble supreme court in .....
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..... were prolonged and were 11 not concluded on the dates fixed and on every date, counsel for the petitioner sought further time, the matter was placed before hon'ble the chief justice for appropriate orders and on which, the then hon'ble chief justice, considering the importance & seriousness of the matter, the sensational charges and the manner in which the enquiry was delayed inordinately and in which ..... it will be noticed that rule 37, except the last paragraph thereof, is in pari materia with rule 14 of the railway servants rules and rule 19 of the civil services rules with this difference that a provision akin to clause (iii) of rule 14 of the railway servants rules and clause (iii) of rule 19 of the civil services rules is not to be found in rule 37 of the cisf rules ..... in the peculiar circumstances of the case before such unending trial could get converted itself into a permanent menace, the answering respondents had to act and had acted to hold the credibility of the entire institution. ..... it is apparent that answering respondents were required to act and to take serious action. ..... the answering respondents still 22 acting in good faith and not to be swayed by such reportings, chose the genuine procedure of serving a charge-sheet with details of charges against the petitioner ..... statement of charge no.4 the aforesaid acts of yours as narrated in statement of allegation of charge no.1 to 3 which have been widely published by the news papers and telecasted by the different channels viz .....
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..... the factors laid down inter alia are: (1) the sale must be a genuine transaction, that (2) the sale deed must have been executed at the time proximate to the date of issue of notification under section 4 of the act, that (3) the land covered by the sale must be in the vicinity of the acquired land, that (4) the land covered by the sales must be similar to the acquired land and that (5) the size of plot of the land ..... therefore, it is settled law that in determining the market value, the court has to take into account either one or the other three methods to determine market value of the lands appropriate on the facts of a given case to determine the market value. ..... has laid this appeal under section 37 of the arbitration and conciliation act, 1996 (for short 'the act of 1996') to assail the impugned order dated 05.02.2011 passed by the learned additional district judge no.3, udaipur (for short 'the learned court below') as well as the award dated 02.01.2007 rendered by arbitral tribunal and the award dated 11.08.2006 passed by the competent authority (la)-cum-sub divisional officer, girwa insofar as the same relate to compensation ..... the high court has itself concluded on the evidence that the lands covered by the acquisition are located by the side of the national highway and the southern railway staff quarters with the town planning trust road on the north. ..... the lands acquired already for the south eastern railway staff quarters lie to the southern side of the land under acquisition .....
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..... in view the persistent conflict between the state regulations and the central notifications, it is imperative for us to issue directions specially to provide for an interim period, during which appropriate steps should be taken to comply with the judgment of the hon ble supreme court and to issue notifications which are necessary in that regard. ..... preparation and approval of mine plan, as in the case of major minerals may appropriately be provided in the rules governing the mining of minor minerals by the respective ..... we direct that in the meeting it shall also disused and appropriate recommendations be made and placed before the tribunal, as to whether riverbed mining covering an area of less than 5 hectares can be permitted, if so, the conditions and regulatory ..... cluster within a period of three months of formation of association through recognised person and submitted to the district level environmental committee for approval: provided that the director may in appropriate case extend above period up to a further period of six months. ..... the ministry of environment and forests (moef) vide notification dated 14th september, 2006 issued under sub-rule (3) of rule 5 of the environment (protection) rules, 1986 and sub-section (1) and clause (v) of sub-section (2) of section 3 of the environment (protection) act, 1986, in supersession of its earlier notification dated 27th january, 1994, except in respect of things done or omitted to be done before such supersession, directed that on and .....
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