Court : Rajasthan
Reported in : [2000(84)FLR1008]; (2000)IIILLJ898Raj; 2000(1)WLC159; 2000(3)WLN344
..... in such a manner that it transgresses onto the realm so as to become an error of law, it is appropriate for the courts to correct such error in exercise of its jurisdiction under articles 226 and 227.section 28-a of the act reads as under:'no employer shall dismiss or discharge from his employment any employee who has been in such employment continuously for a period of not less than six months except for a reasonable cause and after ..... thus, after the introduction of section 2-a an individual dispute though not sponsored by other workmen or espoused by the union would be deemed to be an industrial dispute within the meaning of the act but whether a particular dispute amounts to an industrial dispute has to be ascertained with reference to the principle laid down in said clause (k), for, so far as the subject-matter of the dispute is concerned section ..... s/esstt/ds/p/6dated july 19, 1992shri daulat singh sankhalas/o shri durga singh ji sankhala, outside chandpole gate,near vidhyashala school,jodhpur.sub : appointment as a peon in this society.as a result of selection held in the office of the society today, you have been found to have passed the selection for the post of peon in ..... state industrial court, nagpur, air 1963 sc 114: 1962-ii-llj-360 said:'when it appears to an appellate court that no person properly instructed in law and acting judicially could have reached the particular decision, the court may proceed on the assumption that misconception of law has been responsible .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1980Raj48; 1979()WLN331
..... he has admitted that*.the respondent sushila devi as naw 1 has deposed that on april 12, 1963, her son was ill and that she told her husband to arrange for medicines and milk, whereupon ..... judgment it is clear that the averments which the petitioner had made in his petition under section 13(1)(ib) of the act were also made in the petition for restitution of conjugal rights and judical separation. ..... lxviil 1976), which came into force on may 27, 1976, and insertion of section 13 of the act shows that alternate relief in divorce proceedings can be granted and as such having regard to the circumstances of the case, the court may oass a ..... filed on october 1, 1977 cannot be thrown out oh the groundof delay, for, divorce has been made a ground for dissolution of the marriage on the basis of desertion by the marriage laws (amendment) act, 1976, which came into force from may, 27, 1976. ..... a-6) that the dismissal of the petition under section 10 of the act for judicial separation was maintained by the high court on the ground that the petitioner has failed to prove desertion on ..... district judge dismissed the petition under section 13 of the act with costs vide her judgment dated august 16, 1978. ..... he invited my attention to section 13a of the act, which was inserted by the marriage laws (amendment) act, 1976 and urged that on a petition for dissolution of marriage by a decree of divorce, the court may, if it considers it just so to do having regard to the circumstances of the case, pass instead .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1977Raj172; [1979]44STC401(Raj); 1977()WLN286
..... turnover as under:--'taxable turnover means that part of the turnover which remains after deducting therefrom the aggregate amount of the proceeds of sale of goods- (i) on which no tax is leviable under this act, (ii) which have already been subjected to tax under this act, (iii) which have been sold to persons outside the state for consumption outside the state, and (iv) which are taxable at the last point and have been sold to registered ..... from the above decision of the supreme court, it will be obvious that the manufacturer-seller is indisputably a dealer in the series of sales by successive dealers in view of sub-rule (1) of rule 15 read with section 5 of the act, sale effected by the seller shall be at the first point in the series of sales and the first point cannot be shifted to the other successive dealers simply on the ground that the sale at the first point ..... he submits that under rule 15 of the rajasthan sales tax rules, hereinafter called the rules, the tax payable under the act is at the first point in series of sales and the first point in series of sales having exhausted in the hands of the manufacturer-seller no sales-tax could be charged from the assessee as his sale was a second point ..... of income-tax, punjab : [1963]48itr1(bom) wherein it was stated: 'it is well recognised that the rule of construction that if a case is not covered within the four corners of the provisions of a taxing statute no tax can be imposed by inference or by analogy or by trying to probe .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1973Raj35; 1972()WLN101
..... 3 door to a room or to a garage by a tenant may not amount to material alteration within the meaning of section 13 (1) (c) of the act but same will not be the case when an open verandah is covered into a closed room by fixing doors on the open portion. ..... learned munsif came to the conclusion that the alterations made by the defendant in the suit premises were not mere repair work but they were material alterations within the meaning of section 13 (1) (c) of the act and as they were made without the consent, of the landlord, the defendant was liable to be ejected. ..... rupees twenty-three as rent which were due upto 22-10-1963 were also ordered to be paid by the defendant ..... had occasion to consider the scope of section 13 (1) (c) of the act he observed:'the question whether any material alteration has been made in the premises is a question of fact in each case depending upon the nature of the premises and nature, extent and effect of the constructions ..... up of a door is, to my mind, only an act of having a door frame fixed to the opening or entrance and by itself will not amount to an act of construction in respect of the premises. ..... for my consideration in the circumstances is whether on account of the three acts attributed to the defendant namely, that of making the floor 'pucka', or of plastering the 'kucha' walls of the shop, or putting up a door in the verandah would bring the case within the mischief of section 13 (1) (c) of the act i may read section 13 (1) (c) of the act :'section 13. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1996ACJ115; [1995(70)FLR800]; (1995)ILLJ845Raj; 1994(2)WLC573; 1994(2)WLN164
..... . state of west bengal air 1971 cal 137 pertained to the question if an arbitrator appointed under the provisions of defence of india act (1939) was a tribunal and it was held that arbitrator was a court of civil jurisdiction for purposes of sections 141 and 115 of ..... . the learned single judge examined the matter in the light of the provisions of sections 20, 22, 23 and 30 of the workmen's compensation act but was not alive to the distinction pointed out by the apex court between a court and a tribunal appointed to exercise jurisdiction in special ..... is expedient to provide for the payment by certain classes of employers to their workmen of their compensation for injury by accident; it is hereby enacted as follows:a bare reading of preamble goes to show that the act provides for special matters, namely, for payment by certain classes of employers to their workmen of compensation for injury by accident. ..... (supra) overruled its earlier view and specifically held that in spite of the fact that an appeal lies to the high court against certain order of the commissioner under section 30 of the act, having regard to sections 5 and 19(2) of the act it could not be said that the commissioner is a civil court or a court in technical sense ..... 'a bare reading of this section goes to show that the commissioner appointed under this act is not a civil court but l by a deeming provision of the section has been equated with the civil court for certain specific matters only and not for ..... rao air 1963 andh .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1966Raj1; (1968)ILLJ248Raj
..... committees by the board (or, where no board is constituted, by the state government) where tht licensee has failed to comply with any of the provisions of the 6th and 7th schedules of the act whereupon the charges levied by the licensee for the supply of the electricity can be investigated and suitable recommendations in that behalf made to the government.section 60 is then important and lays down, broadly speaking ..... alia that if any licensee or other person fails without reasonable excuse to comply with or give effect to any direction, order or requirement issued by the board under certain sections of the act specified therein shall be punishable with fine which may extend to five hundred rupees and in the case of a continuing offence with a further fine which may extend to fifty rupees for each ..... of our own court, the facts were that the central board of secondary education ajmer prescribed by a certain regulation the minimum age of 14 years for appearance at the high school examination while no similar age limit 'was prescribed by the rajputana university. ..... 5) dated the 11th july, 1963, which speaks of 'the reversion of the petitioner' from the public works department.from all these facts and circumstances we have no hesitation in coming to the conclusion ..... 2969, dated llth june, 1963 from the date he reports duty.shri mohan lal, will report duty to executive engineer (local ..... be extended in that department from time to time until he was eventually reverted to the board in july, 1963. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1967Raj50; [1967]20STC551(Raj)
..... raised on behalf of the state regarding the maintainability of this petition before this court on the ground that the petitioner should have availed himself of the alternative remedy of appeal provided under the act: but the high court overruled this objection on the ground that the contention of the petitioner was that in view of article 286(1)(b) of the constitution, the assessing officer had no jurisdiction ..... with an allegation that his fundamental right has been infringed and seeks relief under article 226 of the constitution it was also pointed out in this case that where the remedy provided under the act was in the nature that before the assessee can avail himself of it he shall have to deposit the whole amount of the tax, such a provision would hardly be accepted as an adequate ..... the challenge raised by the assessee certainly goes to the very root of the matter and to subject him in this type of case to the necessity of the meticulous adoption of all the remedies provided by the act appears to us to be unnecessarily harsh even on the view laid down in shiv ratan's case air 1906 sc 142 (supra) and need not be insisted upon as the assessee has a right to be saved ..... case, ilr (1961) 11 raj 688: (air 1963 raj 51) (supra) it was held (by sarjoo prosad ..... we should prefer the view taken by this court in karam chand thappar's case, ilr (1961) 11 raj 688: (air 1963 raj 51).15. ..... raj 688: (air 1963 raj51).10. ..... filed the present writ application before this court on the 9th january, 1963.4. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1964Raj32
..... which we have dealt above.as for the principle on which we should like to rest our decision, with all respect, we would say that a hindu widow whose case falls to be governed by the act of 1937 or a like act occupies a special position with respect to the estate left by her husband, which neither logically nor completely accords with that of being a coparcener or an heir of her deceased husband and which cannot, ..... therefore, be equated with succession, without more, within the meaning of section 214 of the succession act, and that she has been invested with a special position by statute.we further wish to emphasise that in any view of the matter, the right which she gets is limited or what is called a ..... by survivorship, it does not necessarily follow that she can only get it by inheritance and that the correct position in law was that she was invested with special rights under the act of 1937 which were neither by survivorship nor by inheritance but by a mode of devolution mid-way between the two, which was akin to the one or to the either but was ..... the position of the widow of udai prakash who was admittedly subject to the mitakshara school, therefore, was that when the latter died intestate, then under sub-section (1) of section 3 of the act of 1947, she was entitled in respect of her husband's separate property to the same share as a son, and, therefore, in the absence .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1999Raj229; 1999WLC(Raj)UC126
..... misrilal (air 1963 raj 184) (supra), it has been held that owner of a house or plot has exclusive right to enjoy it with all natural advantages and to construct over it. ..... the unauthorised or illegal act by the opposite party does not vest any authority or justification to commit the same violation. ..... sohanlal), air 1963 raj 184 (anopchand v. ..... 33 of the easements act, 1882. ..... 33 of the indian easements act, 1882. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1971Raj294; 1970(3)WLN729
..... ' the learned judge further observed that 'under section 54 of the transfer of property act an agreement to sell, by itself, cannot create an interest in land: much less can an option even if it is made irrevocable by reason of a contract. ..... this is an appeal from the judgment and decree dated 16th august, 1963, of the senior civil judge. ..... 1963. ..... relief act is prima facie assignable. 13. ..... 2 amounts to an assignment of ramnarayan's right to re-purchase the property from sheo sahai and as such the plaintiffs are his representatives-in-interest within the meaning of section 23(a) of the specific relief act. ..... raman, air 1917 mad 358 it was held that all contracts capable of specific performance are assignable except those of the class prohibited by section 23 of the specific relief act. 12. .....
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