Court : Rajasthan
Reported in : AIR1988Raj205; 1988(1)WLN730
..... of the supreme court took the view that the amended provisions of sections 23(2) and 28 of the central land acquisition act have a limited retrospective operation to the awards passed between 30-4-82 to 24-9-82 and, therefore, it was contended by ..... which it is put or is reasonably capable of being put, its suitability for building purposes, its proximity to residential, commercial and industrial areas and educational, cultural or medical institutions, existing amenities like water, electricity and drainage and the possibility of their future extension whether the nearby town is developing or a prospering town with prospects of development schemes and the presence or absence of pressure of building activity towards the land ..... they were fixed by the owner after purchase of the well and are necessary for the water supply and distribution and if the department wants to retain all the above items, requisition for the same be ..... of the value of the land and the value of the structures and improvements that have been raised or installed by the petitioner on this land. ..... land acquisition officer (air 1981 kant 26) has observed : ' where certain lands were acquired in two stages and the land acquisition officer had admitted that land in ii stage was adjacent to land in i stage, and the land acquisition officer had himself taken into consideration the award made by him in i stage, while fixing market value for ii stage, the award made in i stage was relevant and, therefore, it could be admitted .....
Tag this Judgment!Court : Rajasthan
Reported in : (1986)54CTR(Raj)17; [1985]154ITR680(Raj)
..... in a number of cases, where payments were made by the assessees for acquiring larger quantity of electricity for its manufacturing activities from the electricity board and overhead supply line was constructed or poles and additional power lines was provided by the electricity board, such payments made by the assessee to the electricity board towards the cost of additional installations for obtaining larger quantity of electricity have always been considered as revenue expenditure because the expenditure was held to have been ..... a reference to this court, which was rejected by the tribunal by its order dated december 28, 1978, on the ground that the finding recorded by the tribunal, that the expenditure incurred by the assessee in getting the electric installation made it possible for the existing set up of the assessee to function more efficiently, was essentially a finding of fact and no question of law arose out of the order of the tribunal.4. ..... 12) :'now it is true that if disbursement is made for acquisition of a source of profit or income, it would ordinarily, in the absence of any other countervailing circumstances, be in the nature of capital expenditure ..... it was observed that the assessee in incurring the expenditure had acted in the interest of and for the purpose of its business and the expenditure was not laid out for any purpose other than that of carrying on the business of the assessee ..... cit : [1981]127itr74(guj) and of the delhi high court in hindustan times ltd. v .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2005(1)Raj682; 2005(1)WLC548
..... considering the meaning of the expression ' local authority', and it held that a state transport corporation was not a local authority although it could acquire the land by virtue of the provisions of the land acquisition act. ..... . it is further asserted that notification dated 23rd april, 1999 introducing the rajiv gandhi swaran jayanti pathshala scheme was issued by the state in exercise of powers under section 8e of the act of 1994 delegating the powers to gram sabha to prepare merit list on the basis of percentage of marks obtained by the candidates under various heads for selection and appointments para teachers in ..... service conditions of teachers working in the panchayat samitis were initially governed by the provisions contained in the rajasthan panchayat samitis and zila parishad act, 1959 (hereinafter referred-to as 'the act of 1955') and the rules framed thereunder viz; rajasthan panchayat samiti and zila parishads service rules, 1959 (hereinafter referred-to as 'the ..... it clear that the view taken by us in the present case applies only to the service constituted under section 89 of the act, 1994 or under section 86 of the act, 1959; but will not apply to other employees of the panchayati raj institution who are not the members of the panchayat service ..... sc page 2228), upon the establishment of the kerala water authority under the kerala water supply and sewerage act, 1986 all the functions of public health engineering department were also transferred to the ..... air 1981 ..... 1981 .....
Tag this Judgment!Court : Rajasthan
Reported in : 2003(2)WLN55
..... . in tinsukhia electric supply co ..... occur only to defeat to statutory provisions of section 20(c) of the code in order to deprive the court which must have territorial jurisdiction over the subject matter of the suit, should not be accepted for the reason that the act has knowingly or purposely been performed to harass the defendant and deprive the court which has territorial jurisdiction over the subject matter and to try the suit.29 ..... . endorsement/assignment did not involve the defendant-petitioners in any manner and in absence of any act on their part, it cannot be a 'cause of action' at all, which may create territorial jurisdiction of the civil court at jodhpur.35 ..... . taking note of sections 113 and 207 of the said act, the apex court held that the cause of action for default of not sending the share certificates within the stipulated period would arise only at a place where the registered office of the company was ..... . however, it must include some act done by the defendant, since in the absence of an act, no cause of action can possibly occurred ..... air 1981 sc 537; sardar hasan siddiqui v. ..... ., : 2000crilj736 , the hon'ble supreme court examined the issue of territorial jurisdiction of a court in respect of the offence under section 113(2) of the indian companies act, 1956 .....
Tag this Judgment!Court : Rajasthan
Reported in : [1994]205ITR553(Raj)
..... a property and it was on the look out for persons to whom it could be let out and it had been able to get a customer and it had carried out repairs, rewiring, installation of lift and other steps in the process of getting the premises converted from a residential house into a business and storage accommodation conforming to the requirements of the customer, it was held that the activities ..... department has submitted that neither any raw material was purchased nor was the unit set up during the relevant previous year and the machinery was under installation and the building was under construction and, therefore, the income-tax appellate tribunal has not taken the correct view in accordance with the provisions of ..... it was further observed that the business of boarding and lodging house would necessarily comprise variegated activities commencing from the stage of acquisition of a proper and suitable building, making it more suitable and convenient for the business ; appointing the staff of managers, bearers, cooks and ultimately ..... by the assessee-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 ..... 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 .....
Tag this Judgment!Court : Rajasthan
Reported in : (1997)IIILLJ610Raj; 1995(2)WLN507
..... by an order, dated july 25, 1981, sanction was accorded by the president of india to treat all employees of canteen establishment in defence industrial installations under section 46 of the act as government employees with immediate effect. ..... another employee babu khan has deposed that he was employed as attendant in the canteen and the utensils, furniture, electric power and water are made available from the management. ..... the copy of exhibit m1, dated november 21, 1979, written by the company to the co-operative canteen have also been placed on record in which it is mentioned that the company will provide canteen as per provisions of the factories act, 1948, and the society will supply lunch, snacks on rates fixed by the company. ..... in the contract labour (regulation and abolition) act, 1970, 'contractor' is defined as under:'section 2(a) 'contractor' in relation to an establishment, means a person who undertakes to produce a given result for the establishment, other than a mere supply of goods or articles of manufacture to such establishment, through contract labour, or who supplies contract labour for any work of the establishment and includes a sub-contractor.2(g) 'principal-employer' means --(i) in relation to any office or department of the government, or a local authority, head of that office ..... food and other edibles are supplied to the workmen employed by the petitioner-mill at the coupon issued at subsidized rates. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1993(3)WLC391; 1992WLN(UC)253
..... by the petitioners and what is due from them and even lottery for allotment of houses has been drawn only in regard to the persons who have paid full instalments of parijat scheme and, therefore, it does not lie in the mouth of the respondents to say that the petitioners should be put to strict proof of the deposits that have been made by ..... is true that when the terms of a concluded contract, which has been reduced into writing of' may be oral, have to be interpreted then of course, the matter will be governed by the provisions of the contract act and not by the constitutional provisions but if certain rules have been framed by an authority which is a state as regards the calculation of the amount to be recovered as the cost of land then that authority cannot ..... similarly, there is an increase in the cost of installation of electricity lines in the housing board colonies but at the same time, it is true that the rajasthan housing board is providing its services to the public at large on the principle of no ..... so, it could not be said that there was a misstatement or incorrect statement or any fraudulent concealment in the information supplied in the brochure published by the bda on the strength of which all the applicants falling under the various categories applied ..... any other compensation paid for acquisition of land including the ..... construction of skeleton houses for the applicants of first and second quarters of 1981 parijat scheme was given to the same contractor at the same rates i.e. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1995(2)WLN405
..... carefully examined the provisions of 'vi-medium' industrial service (schedule mp/lt-6), clauses (a) and (f) of the tariff for supply of electricity 1981 and notification dated 7.7.81 issued by the rajasthan state electricity board (commercial circle) in exercise of its powers conferred by proviso of section 49 of the electricity (supply) act, 1948 (central act no ..... in view of the aforesaid decision of the apex court, the argument of the learned counsel appearing on behalf of the answering-respondents to the effect that since there is no positive words under the tariff notification dated 7.7.1981 under which the vigilance authority has fastened the liability and ordered for recovery of load surcharge excess to the sanctioned load is not entitled to be given an opportunity of hearing, does not hold water and as such ..... ...explanation: the expression 'existing consumer' means a person connected to the board's distribution system for supply of electric energy, on the date of publication of these tariffs under the tariff schedule lp/ht-1 superseded by ..... since the petitioner-firm wanted to install some more machines and for that purpose required higher sanctioned load, hence, applied for increasing the sanctioned load from 30 hp to 90 hp and submitted 'l' form ..... load.the board reserves its right to claim compensation from the consumer who exceeds his connected load ill an unauthorised manner, for such damages as may be occasioned to its apparatus equipment and installations by reasons of this default .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2008(1)Raj885
..... land may be allotted with the prior approval of the state government for infrastructure projects which includes power plant, telecommunication, transport facilities, tourism units, public utilities, information technology, water supply, technical education institutions, waste disposal project, on such terms bend conditions and at such rates as may be determined by the state government from time to time.the distribution of state largesse29. ..... land referred to in sub-clause (ii)of clause (a) of the said section and nazul land placed at the disposal of a local authority under section 102a of that act in jaipur region shall, immediately after establishment of the authority, under section 3 of this act, be deemed to have been placed at the disposal of and vested in the authority which shall take over such land for and on behalf of the state government and ..... the price shall be recovered in four equal annual installments:provided further that the number and size of such plots shall be determined by the trust in consultation with the government.provided further also that the price for allotment of land for gas godowns ..... (3) if, in connection with the exercise of the powers and the performance of the duties of the authority under this act, any dispute, arises between the authority and the state government, the matter shall be decided by the state government and its decision shall be final ..... acquisition and disposal of land are provided ..... electricals ..... shivcharan sharma 1981 supplementary scc 84; .....
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