Court : Rajasthan
Reported in : AIR1954Raj145
..... it clear that the high. court has superintendence over all courts and tribunals throughout the territories in relation to which it exercises jurisdiction, and the only courts or tribunals which are exempted from this superintendence are courts or tribunals constituted by or under any law relating to the armed forces. unless, therefore, there is anything in article 329 which derogates from ..... its jurisdiction on the ground that the decision is wrong. indeed, it must be shown, before such a writ is issued, that the authority, which passed the order, acted without jurisdiction, or in excess of it, or in violation of the principles of natural justice.' 17. we have, therefore, to see whether these four persons were ..... them parties to the petition, even, after the time prescribed for the presentation of the election petition, it cannot be said that the tribunal acted in excess of its jurisdiction, for it could have given the relief which it gave in the absence of these persons also. 18. a further .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1954Raj158
..... election petition for default of appearance by the petitioners to the election petition is not contemplated by the scheme of the representation of the people act and the tribunal has been armed with ample powers to make a suitable arrangement for the prosecution of an election petition in case the petitioners for any reason decline to proceed with ..... petition, any person who might have been a petitioner is entitled to become a respondent and oppose the petition. there is, therefore, no force in the argument of learned counsel that the tribunal should have dismissed the petition for default of appearance of the petitioners during the course of trial.17. as to the last point urged ..... resignation of shri k.c. gupta and the appointment of the hon'ble mr. justice k.k. sharma as chairman of the tribunal and the argument against the invalidity of the tribunal has no force.11. as mentioned above, there is no bar to the appointment of members and chairman by different orders of different dates and the .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1954Raj185
..... they, therefore, incorporated both the words in article 136. they did not intend that the article should apply to courts or tribunals constituted by or under any law relating to armed forces and they consequently made a clear provision to that effect in clause (2) of article 136. this being the case, it can hardly be believed that ..... of india, the high court could exercise powers of superintendence over him. it was held that for the purpose of the contempt of courts act the word 'subordinate' would include all courts and tribunals over which the high court was given the power of superintendence under article 227 of the constitution of india. 9. the above two ..... the constitution, and that, from a court only which is subject to its appellate or ordinary revisional jurisdiction. under the corresponding section 225 of the government of india act, 1935, the high court could transfer a case to itself for trying it and was not given any express power to decide only the substantial question of law .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1958Raj26
..... does not lay down who is going to punish under that section, but, if it is the debt conciliation board, we must say that it is most extraordinary to arm a conciliation tribunal with the power to punish with fine.21. this analysis of the various provisions contained in part iv shows that the debt conciliation boards, as provided in this part ..... from the main submissions of the parties, which we have briefly mentioned above, it will be clear that the attack of the applicant is that part iv of the act is in force only in a part of the state, and there is no justification why this discrimination should continue after the 26th of january 1950.the defence of the state is ..... that part iv of the act is a progressive and ameliorative piece of legislation, and even if it be in force only in a part of the state, that is no reason for depriving this part of the state of this beneficent measure .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1960Raj105
..... into those under section 32(1), hyderabad tenancy act', and it was observed that:'in the matter of issue of a writ by way of certiorari the high courts' powers are discretionary, and where the applicant armed with the point which would oust the jurisdiction of the subordinate tribunal has elected to get the case decided by the ..... later on migrated to pakistan, and became evacuees, in favour of girdharilal the father of the petitioner. under the matsya evacuee property ordinance, and various other acts that came into force from time to time, the equity of redemption which belonged to the muslim evacuees vested in the custodian of the evacuee properties. the deputy custodian of ..... authority in pursuance of rule 76 read with rule 108 of the rules made by the government under the act, and the said rule became inconsistent with section 44(2) of the act when the amendment act came into force on the 16th february, 1957.we shall presently examine this contention of the petitioners but so far as .....
Tag this Judgment!Court : Rajasthan
Reported in : [1962]46ITR387(Raj)
..... absent or are available only in an imperfect or incomplete form, such a question cannot be held to arise out of the order of the tribunal within the meaning of section 66(1) of the act. and on a rational and harmonious interpretation of section 66(2), it is only to such a question that the provisions of this sub-section ..... the case with particular reference to the contentions which had prevailed with the income-tax officer and the most probable course which the case thereafter took, and it has been forcefully borne in upon us that at no stage was the question of the validity of the trust, in the sense that the 'karta' of the assessee joint hindu family ..... the instance of the income-tax commissioner) did not and do not arise out of the tribunals appellate order, is good and still open before us, then it seems to us, with utmost deference, that the contention of the assessee is not without considerable force.now so far as the income-tax officer himself was concerned, we have already quoted in .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1968Raj264
..... deal with a matter judicially or quasi judicially. the first postulate, in my view, is that if there is a superior tribunal acting in the same sphere in which the regional transport authority is acting quasi judicially, then it will be taken to be bound by the order of the superior authority. also, as all courts ..... to road transport to the state transport authority or the regional transport authority and the transport authority was to give effect to all such orders and directions.' armed with these new powers the government of madras again issued directions which were this time thought to be statutory in character these directions were again challenged on ..... and tribunals have to exercise their powers subject to laws, the administrative tribunal namely, the regional transport authority or higher bodies will be bound, to obey all laws or rules having the force of .....
Tag this Judgment!Court : Rajasthan
Reported in : 1972WLN918
..... the meaning of those other words in still further words which often include the word for whose meaning one is searching no doubt the court could act as dictionary. it could direct the tribunal to take some word or phrase other than the word in the statute and consider whether that word or phrase applied to or covered the facts ..... then there can be a question of law but only of a limited character and the question would normally be whether their decision was unreasonable in the sense that no tribunal acquainted with the ordinary use of language could reasonably reach that decision.16. in the allahabad division bench case, noticed above, the learned judges have said that the ..... for showing that this point was argued. as such i am not inclined to permit the learned counsel to raise this question here.20. the appeal has thus no force and it is accordingly hereby dismissed with costs.21. two months time is allowed to the tenant appellant to vacate the premises, but he shall deposit all the arrears .....
Tag this Judgment!Court : Rajasthan
Reported in : (1980)13CTR(Raj)342; [1980]121ITR358(Raj)
..... the applications, as stated above, were rejected. hence, the assessee filed in this court two applications under s. 256(2) of the act. the one arising out of the appellate order of the tribunal has already been rejected (see p. 353 supra). we are now concerned with this application pertaining to the matter of rectification.learned counsel for ..... order dated august 23, 1973 (marked ex. 6 on the record) as also another application under s. 256(1) of the act dated june 11, 1974, for making a reference arising out of the tribunals order dated march 25, 1974, refusing rectification of its appellate order. the questions which the assessee wants to get referred to this ..... sought to be rectified is apparent on the fact of the record and within the four corners of section 154 of the act (ii) whether, on the facts and in the circumstances of the case, the tribunal was justified in law in rejecting the assessees application under section 154 particularly when the mistake sought to be rectified was .....
Tag this Judgment!Court : Rajasthan
Reported in : 1980WLN(UC)44
..... deposit with the bikaner treasury. the stand taken by the government in this regard, appears to be beyond comprehension.13. shri purohit next argued that the tribunal acted in excess of its jurisdiction in directing the petitioners to take over the charge of the valuables, jewellery itemwise in the presence of special committee formed for ..... erne boxes with respondent no. 1, so there was no question of taking over item wise charge. this contention did not find favour with the tribunal and the tribunal found that the position remained intact as regards taking over the entire charge till the fresh order of compulsory retirement. he submitted that if the action ..... that purpose without avoidable celay. there is some force in this contention of shri purohit. it was beyond the scope of the appeal before the tribunal to have given the above direction. respondent no 1 simply sought the relief of quashing or setting aside of .....
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