Court : Rajasthan
Reported in : AIR1994Raj11
..... while decision of the authorities under section 35 or of the civil court on the question whether the particular acts alleged against the accused constitute negligence on the part of the advocate may be binding in subsequent proceedings before the forum trying such subsequent proceedings, it has no bearing and fetters in the exclusive jurisdiction of the tribunal to decide whether such negligent act further constitute a misconduct on the part of advocate for such negligence can further constitute an actionable act on the part of defendant, rendering ..... seervi, advocate-general of maharashtra, bombay reported in (1971) 1 scr 863 : air 1971 sc 385 the question which fell for consideration was whether the appeal filed by the advocate-general of maharashtra before the bar council of india was ..... before arriving at such conclusion under rule (2) of chapter vii of the bar council of india rules, the bar council may require the complainant to furnish better particulars in support of his complaint and also require the advocate against whom complaint is made to give ..... heard learned counsel for the parties and perused the record, the complaint filed by the plaintiff before the state bar council, the explanation submitted by the advocate, the order of the state bar council and the order of the bar council of india on revision; are on record, about the correctness of which there is ..... committee found the advocate guilty of misconduct alleged against him and suspended him for a period of 3 years. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1999(3)WLC723; 1999(1)WLN478
..... the rules have been carved out as an exception to the service jurisprudence which mandatorily require that any appointment in public office is to be made in consonance with the mandate of article 14 and 16 of the constitution as any appointment, even on temporary or ad-hoc basis, if found to be violative of the ..... and invalid as it creates hinderance in serving the purpose, for which the rules have been enacted, for the reason that in a given case, son or daughter who is in service, may not be financially supporting the family of the deceased employee and in such a case the family may face starvation.4. ..... to serve a social purpose and it cannot be interpreted without taking into account the social, economic and political setting in which it is intended to operate ..... to be constitutionally valid unless and until it is established that they violate any specific provision of the constitution and the court is under solemn duty to scrutinize the provisions of the act, rules or the regulations within the set para-meters if the validity of the statutory provisions is challenged. ..... appearing for the respondents have submitted that the rules are constitutionally valid and even in case where a son or unmarried daughter who is in government service, is financially supporting the family, the widow is entitled for seeking ..... and she may do it within the period of three ..... regional provident fund officer : (1999)illj1sc , the hon'ble supreme court held that the court must always keep in view the ..... bombay .....
Tag this Judgment!Court : Rajasthan
Reported in : 1992WLN(UC)442
..... may be required for the purpose of any of the business of iffco or are commonly supplied or dealt in by persons engaged in any such business or which may seem capable of being profitably dealt in connection with any of the business of iffco;(d) subscribe to the shares of cooperative and other institutions;(e) enter into contract for ..... ' as it was statutory corporation and the state government had power under section 34 of the act to give directions to be followed by the corporation relating to recruitment, ..... accounts of the society are separately maintained and subject to audit in the same way as the affairs of societies receiving government grants are to be audited....we have several cases of societies registered under societies registration act ..... for the purpose of administering laws enacted by parliament or by the state including those vested with the duty to make decisions in order to implement those laws....in the face of these deductions following from the constitution itself, i find it wholly impossible to accede to the submission that what is termed as judicial power of the state which, '; is submitted ..... bombay cooperative societies act ..... maharashtra state was the ex officio president and the minister for ..... funding ..... for determination was whether the chief commissioner of pondicherry acting as quasi-judicial appellate authority under the motor vehicle act at a time when pondicherry was not within the territory of india was or was not 'local ..... periodicals and other literature and .....
Tag this Judgment!Court : Rajasthan
Reported in : 2001CriLJ800; 2001(2)WLC632; 2000(3)WLN39
..... section 36, nothing contained in the police act shall be construed to prevent any person from being prosecuted under any regulation or act for any offence made punishable by this act or for being liable under any other regulation or act or anything or higher penalty or punishment than is provided for such offence by this act ..... to accept the final report and direct the police to make further investigation under section 156(3) and if ultimately the police, after such further investigation, submits a charge-sheet or again submit a final report, depending upon the further investigation made by it, and the magistrate ..... for the limitation of three months from the dale of misconduct/offence, and for other remaining police officials, of section 161 of bombay police act, 1951, (applicable in gujarat also), which provides for the limitation of six months and for taking cognizance and for ..... court held that the provisions of section 190 provide that any magistrate, empowered under section 190, may order such investigation as above-mentioned, does not mandatorily require that a magistrate, entertaining a ..... period of detention, as for any ..... maharashtra (169), the apex court held that since it is impossible to adduce direct evidence of conspiracy, the offence can only be proved largely from the inference drawn from acts ..... funds for, say, some charity and he uses that opportunity to get money for himself, we say of him that he is collecting money for himself under the colour of making collections for ..... audit .....
Tag this Judgment!Court : Rajasthan
Reported in : (1967)IILLJ343Raj
..... high court shall vest in the chief justice who may exercise it in such manner and after such consultation with the other judges as he may think fit or may delegate such of his functions as he deems fit to any other judge of the high court.he suggested that the expression 'administrative control' of the high court in this sub-section includes the disciplinary control over the members of ..... hearing an appeal from the decision of the calcutta high court where a view contrary to the bombay high court was expressed and their lordships appear to have approved the view expressed by ths calcutta ..... this is an application by the petitioner anandllal verma under article 226 of the constitution praying for an appropriate writ, direction or order:(i) to quash the show-cause notice dated 4 december 1963 issued by the law secretary requiring him to show cause why he should not be removed or dismissed from the rajasthan judicial service, and(ii) to quash the order of suspension ..... the administrative judge or any other judge in connexion with the exercise of the disciplinary action acts as a limb of the high court and there can be no question of the government delegating ..... against the petitioner was submitted to the district and ssaions ..... and further by his order dated 4 august 1962 illegally remanded him to police custody for a period of seven days with the result that ganpat remained in wrongful confinement from 4 august 1962 to 7 august 1962 for which he was entirely responsible. ..... maharashtra .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1981Raj284
..... bombay high court has extracted the following portion from the judgment of the supreme court: 'where certain lands are- sought to be acquired and the public purpose indicated in the notification is the development of area for industrial and residential purposes that in itself, on the face of it, does not call for any such action, barring exceptional circumstances, as to make immediate possession, without holding even a summary enquiry under section 5a of the act ..... that account, application of urgency clause so as to obviate even the minimal requirement of ..... under sub-section (5) of section 4, as being proposed to be acquired for a public purpose or for a company may, within thirty days after the service of the public notice in the manner provided in section 45 object to the acquisition of the land or of any land in the locality, as the case may be. ..... the supreme court took the view that such schemes of industrialisation, generally, take sufficient period of time to enable at least summary inquiries under section 5-a of the act to be completed without any impediment ..... (2) every objection under sub-section (1) shall be made to the collector in writing, and the collector shall give the objector an opportunity of being heard either in person or by pleader shall, after hearing all such objections and after making such further inquiry, if any, as he thinks necessary, submit the case for the decision of the state ..... sate of maharashtra, air 1980 bom 221 relates to the question whether there .....
Tag this Judgment!Court : Rajasthan
Reported in : 2009(3)WLN381
..... act or the rules made thereunder or has failed to manage the institution properly and that it has become necessary in the public interest to take over the management of such institution, it may, after giving to such managing committee a reasonable opportunity of showing cause against the proposed action, take over such management and appoint an administrator to exercise control over the assets of the institution and to run the institution for such period as the state government may ..... right to seek compliance of other provisions of the act of 1989 section 18 and rule 39 of the rules of 1993 for the reason that the consequential termination on account of closure stands on different footing from termination and ..... normal course what falls within the purview of the term 'condition of service' may be classified as salary or wages including subsistence allowance during suspension, the periodical increments, pay-scale, leave, provident fund, gratuity, confirmation, promotion seniority, tenure or termination of service, compulsory or ..... sections 18 and 39 of the act of 1989 are not applicable to the present case and the matter is required to be examined with reference to section 14 of the act ..... submits that the tribunal has committed error in laying much emphasis on the right of the management to close down the institution and further committed an error in holding that section 18 of the act ..... maharashtra ..... section 2(j) of the industrial disputes act, 1947 in the case of the state of bombay ..... local .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2009(1)Raj216
..... where a new development in a rural or urban area may be required urgently and provisions under the act and rules would take a long procedure, it may in exercise of its exemption power exempt some of the provisions of the act and rules to achieve the development activity faster or in a given case, if any hardship arises by following or having not following the procedure as prescribed, the power of exemption could be exercised but each of these cases would be for furtherance of the development of that area.in ..... . 25 lakhs, but it does not anywhere state that audited profit and loss account has to be submitted by a tenderer showing a turnover of rs ..... standards in respect of the new system of high security registration plates for motor vehicles and the process used by a manufacturer or vendor for manufacturing or supplying such plates with reference to the amendments made in the central motor vehicle rules, 1989 by the central motor vehicles (1st amendment) rules, 2001, in exercise of powers conferred by sub-section (3) of section 109 of the motor vehicles act, 1988, the centered government has framed the motor vehicles (new high security ..... state of maharashtra : air1997sc1236 and raunaq international ltd. v. i.v.r ..... in the matter of nit for supply of hsrp there are two judgments out of which one is in the writ petition filed by the petitioner promuk hoffman in the high court of bombay at goa wherein the experience issue has also been considered (i) association of registration plates v .....
Tag this Judgment!Court : Rajasthan
Reported in : [2002]126STC372(Raj); 2000(2)WLN509
..... the question was whether the respondent-dealers were entitled under section 8 of the bombay sales tax act, 1959, to deduction from their turnover of such part thereof as related to resale of the batteries on the ground that the goods sold by them were the same goods as the goods purchased from the manufacturers. ..... the question which was before the court was whether goods falling in each distinct category of declared goods is different from the other or to be treated as merely enumeration of one general description in which each can fall, for the purpose of deciding whether the sale of two distinct commodities had taken place as enumerated separately, or with reference to general description it can be treated as resale of the same commodity. ..... it may be noticed that the decisions referred to by both the learned counsel relates to period prior to the coming into force of the new act of 1994 in the light of the old definition of 'manufacture' which was in pari materia in the states of maharashtra, madhya pradesh and rajasthan. ..... if the test of commercial parlance is to be applied then bringing into existence such a different commodity for a use to which it could not have been used unless brought to required shape and size by applying same process, such processing is an activity of manufacture. ..... learned counsel for the petitioner has urged strenuously that the decision requires reconsideration in the light of decisions of the supreme court and other high courts. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1998(3)WLC728; 1998(1)WLN584
..... petition has mainly been filed on the following grounds:(1) the authorisation to a private person under section 34(1) of the act by the appropriate government is not permissible as the mandate of the act requires that the complaint may be filed either by the state or its officer if authorised by the state;(2) no ..... 1981 stood superseded by the subsequent agreement/settlement and particularly the standing orders framed in 1991, against which the present petitioners have obtained an interim stay from the bombay high court and the petitioners cannot be permitted to take the advantage of the rules and the award which stood superseded by the said standing orders once the ..... section 200 provides for examination of the complainant and section 202 provides for postponement of issue of process against the accused for the purpose that before issuing the process the court may enquire into the case itself or direct an investigation to be made by the police officer or by such other person as he thinks fit for the purpose of deciding whether or not there is sufficient ground for ..... herein have submitted that the management itself has obtained the interim order staying the operation of the said standing order from the bombay high court ..... unfair labour practice as provided under the maharashtra recognition of trade unions and prevention of unfair labour practice act, 1971, in hindustan liver ltd. ..... the facts of this case as the law applicable in the state of maharashtra is quite distinguishable. .....
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