Court : Rajasthan
Reported in : AIR1985Raj71
..... one must look to the subject matter and consider the importance of the provision disregarded and the relation of that provision to the general object intended to be secured. prohibitive or negative words can rarely be directory and are indicative of the intent that the provision is to be mandatory (see earl t. crawford. the ..... is not conclusive on the question whether the particular requirement of law is mandatory or directory. but the circumstance that the legislature has used a language of compulsive force is always of great relevance and in the absence of anything contrary in the context indicating that a permissive interpretation is permissible, the statute ought to be construed ..... any such land is intended to be allotted free of charge to the scheduled castes, scheduled tribes or to person entitled under section 31 of the rajasthan tenancy act, 1955 (rajasthan act 3 of 1955) to possess a site for a residential house in the 'abadi' of the urban area free of charge. (8) any notice issued .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1982Raj297; 1982()WLN294
..... preamble reads as under:--'we, the people of india, having solemnly resolved to constitute india into a sovereign, socialist, 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; ..... iv;3. secular character of the constitution;4. federal character of the constitution;5. democratic character of government:6. essential features of the individual freedom secured to the citizens;7. dignity of the individual;8. sovereign democratic republic;9. justice, social, economic, and political;10. equality of status and ..... article 35(a)(ii) of the constitution whereby all actions involving untouchability were made cognizable offences. this act was substantially amended and was renamed as protection of civil rights act, 1955, which came into force from 19th november, 1976.38. the main constitutional safeguards for upliftment of the weaker sections and the .....
Tag this Judgment!Court : Rajasthan
Reported in : (1979)12CTR(Raj)67; [1981]130ITR868(Raj)
..... . in the present case, no amount was paid by way of premium by the assessee-company, which could be referable to the acquisition of the mining rights or for securing an advantage of enduring nature. but the royalty amount has been agreed to be paid in relation to the quantum of the raw material excavated and, therefore, the same ..... the balance shall be made up within the next quarter. ' 4. the kotah state merged with the united state of rajasthan and the indian i.t. act, 1922, was brought into force in the newly formed state of rajasthan with effect from april 1, 1950. the assessee-company submitted an application to the commissioner of income-tax for a declaration ..... learned district judge, kotah, which was partly allowed by this court. the high court held that the agreement dated may 2, 1945, became void on the coming into force of the constitution of india on january 26, 1950, or from april 1, 1950, as it granted monopoly rights to the assessee-company for quarrying stones in the specified .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1984Raj183; 1983()WLN476
..... , all the candidates except the appellant and respondent no. 1 withdrew their candidature. the polling was held on december 14 1981. the appellant secured 1551 valid votes and respondent no. 1 secured 1467 valid votes. the appellant was declared to have been elected by a majority of 84 votes. thereupon respondent no. 1. the defeated candidate ..... because in that event the returning officer will not be left with any discretion in the matter of acceptance or rejection of a nomination paper. we find no force in the aforesaid contention of shri parekh. in our opinion, if the word 'may' in sub-rule (3) of rule 18 is given its natural meaning ..... the candidate should possess of the prescribed qualifications and that he should not have incurred any of the disqualifications mentioned either in the constitution or in the act and that the other information required to be given in the nomination paper is only to satisfy the returning officer that the candidate possesses the prescribed qualification .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1954Raj145
..... claimed by the petitioner. then comes section 85 which says that if the provisions of section 81, section be or section 117 (which relates to deposit of security) are not complied with., the election commission shall dismiss the petition. there is no provision in section 85 that if provisions of section 82 are not complied ..... 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 these wide powers of this court, it will have jurisdiction to quash the order of ..... upon the law creating the tribunal. a similar question arose before the supreme court about the powers and jurisdiction of the custodian general under the administration of evacuee property act. in -- 'ebrahim aboobakar v. custodian general of evacuee property, new delhi', air 1962 sc 319 (d), the learned judges, after referring to section 24 .....
Tag this Judgment!Court : Rajasthan
Reported in : 1976CriLJ821; 1975()WLN585
..... the relevant time.having accomplished his object, hussain khan ran away from the place with the gun. pw/8 baldeosingh, then, left for bandli post of border security force and informed haw-aldar shailabsingh of the occurrence. hawal-dar shailabsingh reduced to writing the information given by baldeosingh who also put his signatures below it. ..... . but, in our opinion, it was not obligatory on the part of the prosecution to produce them. bhawanishanker and shailabsingh were both employees of the border security force and according to the powers conferred upon the b.s.f.. they were not competent to investigate the present case, nor the reports made by baldeosingh ..... has been observed that omissions of important facts in f. i. r. affecting the probabilities of the case, are relevant under section 11 of the evidence act in judging the veracity of the prosecution case. in our opinion, these observations do not apply to the information given by baldeosingh to hawaldar shailabsingh or subtviar .....
Tag this Judgment!Court : Rajasthan
Reported in : 2002(1)WLC780
..... shall have the power to cancel any allotment made by the sub divisional officer either suo moto or on the application of any person if allotment has been secured through fraud or misrepresentation or against the rules or the conditions of the allotment have been violated by the allottee after providing an opportunity of hearing to the ..... parliament. section 100 cpc expressly mandates for second appeals save as otherwise expressly provided in the body of code or by any other law for the time being in force. in milap chand v. dwarka das (2), this court indicated that under item 3 of second list of the constitution of india, the state legislature can ..... the collector cancels the allotment, is a formal party and if any appeal is preferred by the allottee against the order of collector under section 75 of 1956 act before the revenue appellate authority impleading the complainant as respondent in the appeal it does not confer any right to the complainant to continue the litigation in second .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1989Raj32
..... given to each candidate; (c) the number of ballot papers declared to be invalid or rejected. on the basis of this return the candidates who have secured the largest number of valid votes shall be declared elected at the general meeting and their names shall be published on the notice board of the society under ..... society (section 32); to decide disqualification of member of the committee (section 34(8)); to remove the committee and appoint an administrator (section 36); to apply for securing possession of records (section 37); to do work relating to audit, inquiry, inspection and surcharge under chapter viii; to wound up the society appoint liquidator and dissolve ..... service society, where the term of the elected members of the committee of such society has not expired on the date of the coming into force of the rajasthan cooperative societies (amendment) act, 1976 and the committee of such society does not have at least one-third of its members from amongst the weaker sections, the state .....
Tag this Judgment!Court : Rajasthan
Reported in : 2000(3)WLC384; 2001(2)WLN311
..... for quashing resignations of governors and lt. governors and restraining the president from accepting the involuntary and forced resignations of governors or lt. governors, the apex court held that the petitioner cannot challenge an act which the party affected does not intend to challenge. since none of the governors or lt. governors ..... powers vested in the authority concerned. the word 'control' includes disciplinary jurisdiction. 'control' was vested in the high court to effectuate a purpose viz. securing of the independence of the subordinate judiciary and unless it includes disciplinary control as well, the very object would be frustrated. it shows that the high ..... transfer. obviously because the transfer of pending cases by virtue of establishment of newly constituted drt at chandigarh was in the public welfare and for securing smooth functioning and efficiency to the banking industry so also the helpless borrowers and that being so, none would be affected. by virtue of establishment .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR2003Raj11; RLW2003(3)Raj1716; 2003(1)WLC175
..... of any other penalty or liability to which the person liable to pay the same may be subject under any other provision of this act or any other law for the time being in force. the rates of such higher fees shall be determined by rules. (3) the board may also charge such fees as may ..... streets are vested in the municipalities in various states under different municipal laws. the court said :--'the municipalities in various states were created under the respective municipalities acts, in order to facilitate the efficient administration of the municipal areas and to provide lighting, watering and maintaining of public streets and places. the duties of the ..... the objection raised by the respondent is erroneous. the authority to levy licence fee flows from the statute, that is in the present case is rajasthan municipalities act, 1959. section 138 authorises levy of charges for occupation of land or property of municipality whether under a grant of license or permission or without such permission. .....
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