Court : Rajasthan
Reported in : AIR1994Raj11
..... its disciplinary committee, are all required to adopt judicial approach in making their decisions under section 35 or section 36, as the case may be, of the act.37. in province of bombay v. khushaldas s. advani (since deceased) and after him his legal representatives (a) govindram khushaldas and (b) ramchand khushaldas, air 1950 sc 222, the ..... the judgment given in dabholkar's case (air 1975 sc 2092 at p. 2096) :'in adi pherozshah gandhi v. h.m. 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 ..... above propositions are fairly well established from a catena of decisions from the supreme court.25. in adi pherozshah gandhi v. h.m. seervai, advocate general of maharashtra, bombay, air 1971 sc 385, hon'ble hidayatullah, the chief justice of india opined as under (at p. 394 of air) :'the disciplinary proceedings commence both before the .....
Tag this Judgment!Court : Rajasthan
Reported in : 1981(8)ELT440(Raj); 1978(11)WLN481
..... a suit it is open to state to raise all possible defences including that of limitation. the learned judges in the patna case (supra) referred to commissioner of police bombay v. gordhcmdas bhanji, air 1952 s.c. 16 wherein it has been held that a writ could be issued for refund of money even if the petitioner's ..... mubarak hussain's case (supra). there again, article 62 was applied. article 96 of the limitation act, 1908 was considered in that case. it was found that the payments made by the plaintiffappellant from january 26,1950 upto march 31, 1951 were payment which the defendant state had no right to receive in law and in these circumstances ..... the question arose whether the plaintiff-appellant could avoid the application of artcile 62 of the limitation act, 1908 or not. the learned judges agreed with the view expressed .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1981Raj284
..... of 'acquisition for the public purpose' of development of area for industrial and residential purposes. in para 7 of judgmentin yesho nathu mahajan's case (supra), 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 ..... a disclosure of the circumstances that weighed with it while doing so. abstract justification replete with conjectures is no answer'. (h. n. (c.).)17. the bombay high court, even after holding that the acquiring authority is the best judge of the situation and its decision basically subjective, would normally not be interfered with by ..... , of an acquisition without the urgency clause. while applying the urgency clause, the state should, indeed, act with considerable care and responsibility.' (para 5) 21. it would thus be seen that the views expressed by the bombay high court in the case of yesho nathu mahajan (air 1980 bom 221) and rajasthan high court in .....
Tag this Judgment!Court : Rajasthan
Reported in : [2002]126STC372(Raj); 2000(2)WLN509
..... that in reaching its conclusion the court has equated the expression 'stone' with the 'building material', the expression actually used in the schedule of rates under the bombay act. moreover, as will be presently seen the conclusion to which i have reached in respect of the commodity in question, as was reached by the madhya pradesh high ..... the plates in the electrolyte and charged them for a substantial period. 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 ..... and shape with different physical and chemical properties must come into existence which could be treated differently from the parent raw material. relying on the decision of the bombay high court in commissioner of sales tax v. mahalaxmi stores [1995] 97 stc 601 in which the court concerned with the same question relating to the very .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR2003Raj213; 2003(3)WLC290
..... 1993 sc 852; ram chand v. union of india, (1994) 1 scc 44 : (1993 air scw 3479), state of maharashtra v. digambar, air 1995 sc 1991; municipal corporation of greater bombay v. industrial development investment co. (p) ltd. (1996) 11 scc 501 : (air 1997 sc 482); padma v. dy. secy, to the govt. of tamil nadu, (1997) 2 scc 627; hindustan ..... ......... in almost all legal inquiries, 'intention as distinguished from motive is the all-important factor and in common parlance a malicious act stands equated with an intentional act without just cause or excuse.' 39. similar view has been reiterated in samant v. bombay stock exchange, (2001) 5 scc 323 : air 2001 sc 2117. 40. petitioner was supposed to plead and prove the allegations .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2009(4)Raj3162
..... the learned counsel. for, a bare perusal of the facts of the said case clearly reveal that the definition of word 'conveyance' contained in bombay stamp act was amended by maharashtra act 17 of 1993, which came into force on 1-3-1993. according to the amendment the definition of the word 'conveyance' was enlarged to ..... definition of 'conveyance' under section 2 (g) or an 'instrument' under section 2(l) of the bombay stamp act or such consent decree falls outside the ambit and scope of definition of 'conveyance' or 'instrument' under the act'? in the said case, the consent decree had expressly stated that an immovable property is being conveyed between ..... too the amendment cannot be applied retrospectively.even according to notification no. 14/2004 the government had clearly stated that stamp duty imposed under article 21 of the act should be seen as 'a new source of revenue for the government'. thus, even the government intended to apply the amendment prospectively and not retrospectively.9. .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2003(4)Raj2401; 2002(4)WLC496
..... without any sound reasoning or any justifiable differentia would be against the spirit of the constitution.15. in case of v. kasturi v. m.d., state bank of india, bombay (supra), it was observed in para 21 that if the persons retiring is eligible for pension at the time of his retirement and if he survives till the time by ..... in character and all having served in he organisations for more than 20 years. even otherwise, while considering the question of grant of pensionary benefits the state has to act to reach the constitutional goal of setting up a socialist state as stated and the assurance as given in the directive principles of state policy. a pension is a apart ..... and arbitrariness are sworn enemies; one belongs to the rule of law in a republic while the other, to the whim and caprice of an absolute monarch. where an act is arbitrary it is implicit in it that it is unequal both according to political logic and constitutional law and is, therefore, violative of article 14, and if it .....
Tag this Judgment!Court : Rajasthan
Reported in : 1992WLN(UC)442
..... that control or regulation of a private corporation's functions by the state under general statutory law such as the industries development and regulation act, 1951, was only in exercise of police power of regulation by the state. such regulation did not convert the activity of the private corporation into that of the state. his ..... are establishments under the central government.46. port trust was held to be an organ of the state under article 12 vide dwarkadas marfalia & sons v. bombay port trust : [1989]2scr751 .47. city and industrial development corporation of maharashtra ltd. was a government company and it had been constituted as the new ..... india was held to be 'state' under article 12 of the constitution.42. children's aid society, bombay, was registered under the societies registration act, 1860 and had also been treated as a public trust, under the bombay public trusts act, 1950. the chief minister of maharashtra state was the ex officio president and the minister for social .....
Tag this Judgment!Court : Rajasthan
Reported in : 1996(2)WLC144; 1995(2)WLN367
..... of india v. shivaji : [1988]1scr878 , the governor of maharashtra by a notification dated 18th sept. 1987 issued under section 16 of the representation of people act, 1951 called upon six local authorities constituencies in the state of maharashtra to elect one member from each of the said constituencies in order to fill the vacancies in the ..... to be completed by 21st oct. 87. respondent shivaji and ors. filed a writ petition under article 226 on 26th sept. 87 before the high court of bombay challenging the validity of the notification on the ground that the notification was invalid because the zila parishad osmanabad and the zila parishad of latur district, which were ..... the said zila parishad, who were entitled to take part in the said election, had been deprived of their right to participate in the said election. the bombay high court while issuing the notice on the writ petition by an interim order exparte directed the postponement of the last date of withdrawal of the candidature from .....
Tag this Judgment!Court : Rajasthan
Reported in : 2009(3)WLN381
..... section is inclusive and not exhaustive. the supreme court while interpreting the word 'includes' in definition ' industry' under section 2(j) of the industrial disputes act, 1947 in the case of the state of bombay and ors. v. the hospital mazdoor sabha and ors. : air 1960 sc 610 : (1960) 62 bom lr 553 : (1960) i llj ..... section is inclusive and not exhaustive. the supreme court while interpreting the word 'includes' in definition 'industry' under section 2(j) of the industrial disputes act, 1947 in the case of the state of bombay and ors. v. the hospital mazdoor sabha and ors. : air 1960 sc 610, (1960) 62 bom lr 553 : (1960) i llj ..... institutions tribunal, jaipur (in short 'the tribunal') whereby individual appeals filed by the petitioners under section 19 of the rajasthan non-government educational institutions act, 1989 (in short 'the act of 1989') have been dismissed and termination orders of respective petitioners have been upheld on the ground that the management has a right to close .....
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