Court : Rajasthan
Reported in : RLW2005(1)Raj682; 2005(1)WLC548
..... to each petition, have challenged the constitutional validity of the rajasthan panchayati raj (amendment) ordinance, 2004 and rajasthan panchayati raj (amendment) rules, 2004 providing for selection of teachers gr.iii by the public service commission and have prayed for restoring the autonomy to the panchayati raj institutions in the matter of selection ..... and women in such manner as the legislature of a state may, by law, provide:provided that the number of offices of chairpersons reserved for the scheduled castes and the scheduled tribes in the panchayats at each level in any state shall bear, as nearly as may be, the ..... provision of any law relating to panchayats in force in a state immediately before commencement of the constitution (seventy-third amendment) act, 1992, which is inconsistent with the provisions of this part, shall continue to be in force until amended or repealed by a competent legislature or other competent authority or until the expiration of one year from such commencement whichever ..... drivers in service of delhi administration and the central government and as such they were entitled to ..... rajasthan and, as such, there has to be emphasis for selection of only such teachers who are acquainted with the local dialect and culture, otherwise it will not be possible to impart better instructions to little ones. ..... chapter xii of the rules of 1996 provides for ..... thus, it is incorrect to think that by use of expression 'self-government' under article 243(d), the panchayati raj .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1982Raj297; 1982()WLN294
..... scheduled tribe persons as possible to return to the lok sabha and the vidhan sabhas against general seats, from their parties, the time will automatically come when the need for separate reservations for them may disappear ..... . held that section 4 of the constitution 42nd amendment act was bevond the amending power of parliament and was void, since it damaged the basic and essential features of the constitution and destroyed its basic structure by a total exclusion of challenge to any law on the ground that it was ..... will read these pessimistic figures of the last ten years which prove the myth and negate the neurotic rhetoric about the sc and st communities having cornered all the posts in the central government from chaprasi to secretary 'accelerating thereby the impending calamity of administrative collapses due to the disproportionate presence of the 'inefficient' social components ..... . 25 (2) (r)) :(iv) the removal of any disability, liability, restriction or condition with regard to access to shops, public restaurants, hotels and places of public entertainment or the use of wells, tanks, bathing ghats, roads and places of public resort maintained wholly or partly out of state funds or dedicated to the use of the general public (article 15);(v) the curtailment by law, in the interests of any scheduled tribe, of the general rights of all citizens to move freely, settle in, and acquire property ..... . 1972, under article 338 of the constitution (chapter 13 of report of commissioner, sc & st dated .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2004(3)Raj1788; 2004(4)WLC17
..... has given cogent reasons for upholding the vires of the amending act and for dispelling the contentions raised ..... enabling provision in the context of article 16(4) of the constitution of india, held that it gives discretionary power to the states to make reservations either at the stage of initial recruitment or at the stage of promotion in favour of a backward class of citizens which in its opinion ..... mandatory direction to the state legislatures could have been given by the parliament for endowing the power & responsibilities on the municipalities with respect to several matters including roads & bridges, which not only fall in the twelfth schedule but also fall in list ii of the seventh schedule as to use of the word 'shall' would have detracted from the provisions of article 246 ..... , makes it possible for the state legislature to enact laws not only for the municipalities, but also for the uit, ..... department (central or state), any local authority or any other body to cut the roads for various purposes and to impose conditions thereof;(vii) to demolish traffic hazards, obstacles and the determine compensation in such cases in accordance with regulations;(viii) to solicit help of the citizens and associations of repute to advise and raise funds for traffic ..... for the metropolitan area which may be assigned to it by the state government, and(ii) powers and functions as may be conferred on or delegated or entrusted to it by the state government for carrying out the purposes of this chapter .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2005(1)Raj389
..... relating thereto)v) electrification (laying of new transmission lines).the table specifies the following areas where carrying on of the processes and operations without permission is prohibited:i) all reserved forests, protected forests or any other area shown as 'forest in the land records maintained by the state government as on the date of this notification in ..... which was issued is exercise of the power conferred by section 23 of the environment (protection) act, 1986, read with sub-rule (4) of rule 5 of the environment (protection) rule, 1986, the central government delegated the powers conferred on it for adopting measures for protecting and improving the quality of the environment and preventing, controlling and abating environmental pollution, to ..... amendment act ..... is undertaken in the state of rajasthan, order dated 24.2.2004, appointing a committee of two advocates to inspect the mines in jaipur, alwar and bharatpur districts and to submit its report and further directing the state to comply with the circulars dated 27.1.1994 and 10.6.2003 of the central government and to submit compliance report of the order dated ..... possible pre-cautions for ..... of environment & forests dated 29th november, 1999, government of india has interalia made provision for preparing the master plan integrating the environmental concerns and the future land use of the area. ..... chapter v of the mineral conservation and development rules, 1988 deals with the measures required to the taken by the lessee for ..... excise .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR2005Raj177; RLW2005(1)Raj611; 2005(2)WLC270
..... is well nigh possible, and as the courts are coming across incidents day in and day out, that persons belonging to different castes have started laying claim of belonging to a different caste, which may be included in the scheduled caste or scheduled tribe, and the nomenclature may be having a spelling based, on pronounciational synonymy, and obtain a certificate on that basis, and thereby capture or corner the seats or vacancies reserved for scheduled caste and ..... person to be belonging to the caste which he mentions as suffix to his name, and find as to whether that particular nomenclature finds place as a caste or tribe in the notification, and in case of doubt like the person using the nomenclature of a particular notified caste or tribe but not belonging to that caste or tribe, appropriate enquiry may be made by the competent local authorities concerned, on the parameters, and in the manner, as considered and contemplated by ..... no, cbc-1468-2027-o, the state government informed the deputy secretary to the lok sabha that 'halba-koshti' is 'halba'/'halbi' and it should be specifically included in the proposed amendment act. ..... state government issued resolution dated 29.10.1980 in consonance with the instructions given by the central government, laying down the guidelines on which the enquiry should be held before issue ..... instructions issued by the state government from time to time, some time contrary to the instructions issued by the central government, are of no consequence. .....
Tag this Judgment!Court : Rajasthan
..... amendment) act, 1985 with additional statement of objects and reasons, as follows:in order to facilitate adequate flow of credit by commercial banks to the agriculturists, rajasthan agricultural credit operations (removal of difficulties) act, 1974 was enacted by the state legislature on the basis of recommendations of the talwar committee constituted by the central government.in the definitions of terms 'agriculture' and 'agriculturist', as given in clauses (a) and (b) of section 2 of the said act ..... take action for recovery of dues, the legislature so as to watch the interest of reserve class category, second option has been given to the bank that bank can sell the property after acquiring the land and, for the ..... the transferability of khatedar's interest under section 41 of the rajasthan tenancy act contained in chapter iv of the said act was made subject to the condition specified in section 42 and 43 of the said act and section 42 of the act provides for general restrictions on sale, gift and bequest by a khatedar tenant ..... only remove the possibility of the entire agricultural debt of the poor agriculturist being completely wiped out, which may not be a possibility if such ..... 2004 made a reference that division bench judgment in asuram's case (supra) requires re-consideration by a larger bench and, accordingly, ordered the matter to be placed before hon'ble the chief justice for ..... useful to notice certain relevant statutes and the facts associated.the rajasthan tenancy act .....
Tag this Judgment!Court : Rajasthan
Reported in : (2008)16VST387(Raj)
..... in list i of the seventh schedule.whereas, the tax on entry of goods within the local area for use, consumption or sale therein was reserved for provincial legislature under entry 49, list ii of the seventh schedule appended to government of india act, 1935, which read:cesses on the entry of goods into a local area for consumption, use or sale.65. ..... taxable purchase value of the goods, so however that in case where it is not possible to determine the taxable purchase value of goods, the entry tax shall be levied on taxable ..... petitioner as a manufacturer is subject to excise duty and is also liable to sales tax under the state sales tax or central sales tax, as the case may ..... enacting a law falling within the domain of article 301 has not been followed, the impugned act must be held to be ultra vires to chapter xiii of the constitution in consonance with atiabari's case : [1961]1scr809 .187. ..... act, 1925, before its amendment from may 5, 1954, under section 73(1)(iv), it was provided that subject to any general or special orders, which the state government may, in this behalf and to the provisions of sections 75 and 76, a municipality may impose for the purposes of this act any of the following taxes, namely:(iv) an octroi on animals or goods or both, brought within the octroi limits for consumption or use ..... for example, according to the figures stated in the additional affidavit for the year 2004-05, in all, 244.02 crores were collected by way of entry tax in the state, whereas, in 2004 .....
Tag this Judgment!Court : Rajasthan
Reported in : 2008(1)WLN177
..... amending the schedule is exclusively in the domain of the central government and until the schedule is amended in accordance with provisions of the act of 1972 in terms of section 17, any recognised qualification in terms of section 2(d) of the act is sufficient qualification for ..... by directing that minutes of meeting held on 30.06.2004 which have been approved by government of india and mci for future screening test shall be conducted as per the guidelines laid in the meeting. ..... for teacher education act, 1993 had been held to be ultra vires by the court inter alia on the ground that it was impinging on the field exclusively reserved for ..... chapter iv clearly reveals that an institution imparting or intending to offer a course or training in teacher education it has to make an application for recognition under the act and only on recognition being granted under the provisions of the act, the qualification acquired from such institution is recognised as valid qualification for eligibility of a candidate for ..... possible on reading of section 2(a) with schedule that a b.arch degree awarded by any university established by an act of central or state legislature automatically falls within the recognised qualification irrespective of date when such university had commenced or commences a course of architecture unless it can be read from any other provision of the act that a university established by law before commencing a course for ..... used in entry 66 held that expression 'coordination' used .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... act of 1988 and the rules made thereunder as learned advocate general agreed to look into the rules of 1990 for amendment, if in future ..... ..... ..... for ..... for the time being disqualified ..... for interview is 20 for ..... for ..... reserved categories of obc and other reserved categories may be considered against the quota of reservation prescribed according to the rules and then publish the cut off marks of reserved ..... act, 1950 & regulations of 1965 to their relevant extent are quoted below for ready reference:- relevant provisions of the central motor vehicles act, 1988 - section 9 - grant of driving licence (1) any person who is not for the time being disqualified ..... for the said selection process and the condition for possession of driving licence for heavy motor vehicles by the applicants for ..... for not enforcing the ..... for the issue of a medical certificate under sub-section (3) of section 8; (f) the exemption of prescribed persons, or prescribed classes of persons, from payment of all or any portion of the fees payable under this ..... for changing the rules of the game during the selection process and drawing support ..... for the post of conductors and conductors' licence for the post of drivers, namely; interchangeable licence, as obvious purpose for these conditions appears to be and was admitted to be by the learned counsel ..... for ready reference:- pursuant to the supreme court's directions in pucl case, (2004) 12 scc104 in respect of the replacement of contractors for procurement ..... .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... act of 1988 and the rules made thereunder as learned advocate general agreed to look into the rules of 1990 for amendment, if in future ..... ..... ..... for ..... for the time being disqualified ..... for interview is 20 for ..... for ..... reserved categories of obc and other reserved categories may be considered against the quota of reservation prescribed according to the rules and then publish the cut off marks of reserved ..... act, 1950 & regulations of 1965 to their relevant extent are quoted below for ready reference:- relevant provisions of the central motor vehicles act, 1988 - section 9 - grant of driving licence (1) any person who is not for the time being disqualified ..... for the said selection process and the condition for possession of driving licence for heavy motor vehicles by the applicants for ..... for not enforcing the ..... for the issue of a medical certificate under sub-section (3) of section 8; (f) the exemption of prescribed persons, or prescribed classes of persons, from payment of all or any portion of the fees payable under this ..... for changing the rules of the game during the selection process and drawing support ..... for the post of conductors and conductors' licence for the post of drivers, namely; interchangeable licence, as obvious purpose for these conditions appears to be and was admitted to be by the learned counsel ..... for ready reference:- pursuant to the supreme court's directions in pucl case, (2004) 12 scc104 in respect of the replacement of contractors for procurement ..... .....
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