Court : Rajasthan
Reported in : 1983WLN760
..... taxes imposed under a law passed under article 304 are heavy, and, therefore, unreasonable and therefore, undue restraint on trade and commerce. there is no force in this contention either.their lordships have considered that the provisions of article 304(b) of the constitution are applicable.15. learned counsel for the respondent has ..... not applicable and will not save the notification.4. mr. m.d. purohit, learned counsel for the petitioner has argued the writ petition with all the force at his command and has vehemently submitted that municipality cannot impose the octroi duty and the notification issued by the state govt. imposing the octroi is void ..... of tamil nadu : [1975]2scr715 . their lordships were considering the provisions of madras motor vehicles taxation act, and held in para 14 as under:article 301 imposes a general limitation on all legislative power in order to secure that trade, commerce and intercourse throughout the territory of india shall be free. article 302 gave power .....
Tag this Judgment!Court : Rajasthan
Reported in : 1998WLC(Raj)UC189; 1997(2)WLN232
..... has been made applicable both in preliminary and main examination. if this practice was not followed then there would have been wide variation in subject marks secured by the candidates and ultimately would have led to unjudicious and unacceptable distortion of the inter laced merit of the candidates. the essential purpose of moderation ..... making the irresponsible allegations of bias.48. the contention of the counsel for the respondent, referring to clause 1-4 of the constitution's 15th amendment act, 1963, was that since the son-in-law and his two brothers were appearing in the examination, the chairman should have disassociated himself completely from ..... circumstances. but the circumstances have to be brought on record before the court can arrive at a conclusion. vague and casual allegations suggesting that a certain act was done with an ulterior motive, cannot be accepted without adequate material. the credibitity of a constitutional authority should not be doubted on mere suspicion and .....
Tag this Judgment!Court : Rajasthan
Reported in : 1987(2)WLN686
..... indian airlines corporation, sukhdeo rai (supra). however, in a latter decision in sirsi municipality (supra), the supreme court held that the regulations framed under the act had the force of law and the employee was entitled to the relief of declaration that an action taken in breach of the regulations or the principles or natural justice was ..... pay all arrears of the salary and other emoluments of the plaintiffs from the date of the suit to the date of the decision. in case the plaintiff secures some other job during this period, he will have to get the amount of emoluments received by him from his employer adjusted in the amount to be paid ..... tyagi (2 judges), (supra) the supreme court took a totally different view and held that the rules and regulations framed by the statutory corporations do not have force of law and the employee of such bodies cannot claim relief of declaration and reinstatement, and dismissal cannot be declared as null and void. the same proposition was reiterated .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2007(1)Raj181
..... a police station is essentially answerable.(2) it is the duty of the officer incharge of a police station to acquire detailed and accurate local knowledge, to secure the whole-hearted cooperation of panchas of panchayats and chowkidars, encouraging them to give an information, to assist him in this work and to range themselves loyally ..... with the notification of state of rajasthan s.o. 115 dated 16.10.1986, which provides that in exercise of the powers conferred by section 42 of the ndps act (act no. 61 of 1985), the state govt. hereby authorize all inspectors of police, and sub-inspector of police, posted as station house officers, to exercise the ..... the charge of police station as station house officer is in conformity with the provisions of ndps act and notification of the state government dated 16.10.1986. on the contrary, the judgments relied on by learned public prosecutor apply with all force on the facts of the instant case and therefore, the order impugned discharging the accused- .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2007(1)Raj675
..... caprice of the state. the underlying principle is that when the state decides to revise and liberalise an existing pension scheme with a view to augmenting the social security cover granted to pensioners, it cannot ordinarily grant the benefit to a section of the pensioners and deny the same to others by drawing an artificial cut- ..... its action on the touchstone of article 14. but where a new scheme is introduced replacing the existing one the employees who retired prior to the coming into force of the new scheme cannot make any grievance of discrimination. pointing out the distinction between cpf scheme and the pension scheme the court observed that in case ..... the judicial committee observed-now when a person is 'deemed to be' something, the only meaning possible is that whereas he is not in reality that something, the act of parliament requires him to be treated as if he were.11. in state of bombay v. pandurang vinayak : 1953crilj1049 the supreme court quoted the following observations of .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2009(4)Raj3588
..... , he would not fall within the definition of tenant at all and thus would not be entitled to any protection under the rent control act. there is further no force in the submission of learned counsel for the appellant defendant that such legal heir of statutory tenant even if not entitled to the protection under ..... eviction as enumerated in said state rent control act. the following relevant paras of the said judgment would be appropriate to be reproduced:in ..... against the tenant under any state rent control act. the termination of lease in accordance with the said act is unnecessary and a mere surplusage, because the landlord cannot get eviction of tenant even after such termination, in order to secure eviction under the provisions of state rent control act the landlord must satisfy the ground of .....
Tag this Judgment!Court : Rajasthan
Reported in : 1998(1)WLN516
..... both discipline and devotion are necessary for efficiency. to ensure both, the service conditions of those who work for them must be encouraging, certain and secured, and not vague and whimsical. with capricious service conditions, both discipline and devotion are endangered, and efficiency is impaired.... the right to life includes right ..... which stipulates as under:we, the people of india, having solemnly resolved to constitute india in to a sovereign sicialist secular democratic republic and to secure to all its citizens:justice, social economic and political;liberty of thought, expression, belief, faith and worship;equality of status and of opportunity;and ..... transport corporation employees service regulations which were framed in exercise of powers vested under section 45 of the road transport corporation act, 1950 (for short 'the regulations') which came into force w.e.f. 15.8.1965 regulation 120 and 121 of rajasthan state road transport corporation employees service regulation, 1965 .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2008(1)Raj885
..... that the rules called the rajasthan improvement trust (disposal of urban land) rules, 1974 (for short, 'rule of 1974') continue to operate even after coming into force of the act of 1982 is not in dispute before us. rule 15. rule 15 reads thus:15. allotment and sale of nonresidential land-land for non residential purposes shall be allotted ..... out such development as it thinks fit, to such person, in such manner and subject to such covenants and conditions, as it may consider expedient to impose for securing development according to plan.(2) no development of any land shall be undertaken or carried out except by or under the control and supervision of the authority.(3) if ..... for the population of jaipur region in the perspective of 21st century. consequent upon the act of 1982 jda was constituted under section 3. its composition is provided in section 4. since the main object of the j.d.a. is to secure the integrated development of jaipur region, section 16 provides for functions of the j.d. .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2010(1)Raj116
..... would part with any of the, a list may kindly be supplied to the state govt, to enable them to examine how they can be best utilized and to secure their transfer on terms to be settled mutually.the favour of an early reply is requested.yours sincerely,sd/-m.l. sukhadia.14. it is in this context it ..... ex. 2 the state government was bound to return back these two properties also along with 'mardana mahal' to the plaintiffs.33. therefore, this court finds no force in the present second appeal filed by the state government and the substantial question of law framed above deserves to be answered in favour of plaintiff-respondents and against the ..... the state government. the dispute in this regard arose when ex. 2 notification dated 18.8.1969 was issued by the state government revoking the earlier notification issued under the act of 1961 and besides returning 'mardana mahal' to the plaintiffs, the state government did not return these two properties known as 'khush mahal' and 'pachason-ki-lane'. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1961Raj1; 1961CriLJ154
..... court at the time of pronouncing it. section 369 then further provides that save as otherwise provided by this code or by any other law for the time being in force or in the case of a high court, by the letters patent or other instrument constituting such high court, no court, when it has signed its judgment, shall alter ..... that is not their judgment they may 4 write and exchange drafts. those are not the judgments either, however heavily and often they may have been -signed. the final operative act is that which is formally declared in open court with the intention of making it the operative decision of the court. that is what constitutes the judgment'.11. thus, in ..... and trilok chand who were convictcd by the special excise magistrate (i class) jaipur by his order dated 19-5-1959 under section 54 (a) of the rajasthan excise act, 1950. they filed an appeal which was heard by the learned additional sessions judge, jaipur city and since it was dismissed on 6-7-1959, they have approached this .....
Tag this Judgment!