Court : Rajasthan
Reported in : 2004(175)ELT33(Raj); RLW2004(3)Raj1894; 2004(3)WLC1
..... one was that the article should be made of plastic and the second was that it should not be specified elsewhere in the central excise tariff. ..... issued by the central board to all collectorates directing them to classify the hdpe/pp tapes under chapter 54 of the schedule to the tariff act, 1985 by issuing a writ of certiorary or any other writ, order or-direction after summoning relevant re-cords from the non- petitioners;iii) hold and declare that hdpe/pp tapes are classifiable under heading 39.22/39.26 of chapter 39 of the schedule to the tariff act, 1985;iv) prohibit the non-petitioners from levying and recovering the excise duty on hdpe/pp tapes under chapter 54;v) direct the ..... taking the view that section 37b of the central excise and salt act, 1944 is valid and need not be struck down as violative of articles 14 and 19 of the constitution and that the petitioner can raise all the objections before the authorities including the question of promissory estoppel with regard to the period 14.04.1986 to 25.09.1991, these writ petitions stand dismissed.' 38. ..... , ar 1964 sc 1573, the supreme court noticed that the motor vehicles act, 1939, as amended by the madras amending act 20 of 1948, conferred judicial powers on state transport authority. ..... it will be hazardous for this court to ask the parties to lead evidence in the writ petition and to examine the same and decide whether the strips and tapes are the same commodities or separate and distinct ones. .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2005(2)Raj2366; 2004(5)WLC181
..... the alternate contention that unprotected by article 31a of the constitution, section 3 of the rajasthan cooperative societies (amendment) ordinance, 2004 promulgated on 19.2.2004 to the extent it amends the rajasthan cooperative societies act, 2001 by inserting sub-section (2b) in section 30 suffers from the vice of being violative for articles 14 and 19 of the constitution shall have to ..... order to secure the proper management of any of the corporations, or(d) the extinguishment or modification of any rights of managing agents, secretaries and treasures, managing directors, directors or managers of corporations, or of any voting rights of shareholders thereof, or(e) the extinguishment or modification of any rights accruing by virtue of any agreement, lease or licence for the purpose of searching for, ..... apex and central cooperative societies, and for the primary agriculture credit co-operative societies, large are multipurpose co-operative societies, farmers service societies, agriculture marketing societies, primary land development banks, urban banks, consumer societies, dairy co- operative societies, weaver's co-operative societies, housing co- operative societies and for ..... under chapter v of the act of 2001 that superintendence, direction and control of the preparation of electoral rolls for, and the ..... administrator to manage the affairs of the society until new committee is constituted, leads to legitimate inference that taking over of management is with the object of setting .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1960Raj256
..... no. 1 of 1948 and s 3 thereof ran as follows:'continuance of existing laws in the covenanting states.when the administration of any covenanting state has been taken over by the rajpramukh as aforesaid all laws, ordinances, acts, rules, regulations, and notifications having the force of law in the said state shall continue to remain in force until repealed or amended by a competent authority or unless otherwise provided in this ordinance or any other ordinance, and shall be construed as if a reference in them to the ruler of the state were ..... the articles contained in this chapter are integral parts of a scheme regarding the devolution and distribution of and succession to these assets and liabilities, and' the right to sue in respect of them after the commencement of the constitution. ..... my learned brother dave has very exhaustively dealt with the historical background leading to the evolution of the united state of rajasthan and the successive covenants and agreements which culminated in the constitution of that state.it is true, no doubt, that as a result of these covenants the various covenanting independent indian states then in existence in rajasthan and recognised by the government of the dominion of india merged in the united state of rajasthan, and in a sense gave up their sovereignty over their respective territories ..... in west rand central gold mining co. v. ..... st. 2004 and enforce whatever rights the appellant had under that dhara and his contract of .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2006(1)Raj350
..... matter to the larger bench and the question framed for consideration thereof is whether ordinance 67-a of the rajasthan university ordinances (for short, 'the ordinances'), will prevail or the employees will be governed by the rajasthan non-government educational institution act, 1989 (hereinafter referred to as 'the act, 1989') and the rajasthan grant-in-aid to education and cultural institutions rules, 1963 ..... any other institution, by whatever name designated, established and run with the object of imparting education or preparing or training students for obtaining any certificate, degree, diploma or any academic distinction recognized by the state or central government or functioning for the educational, cultural or physical development or the people in the state and which is neither owned nor managed by the state or central government or by any university or local authority or ..... agarwal, the learned advocate general for the state, placed on the record the copy of the order, dated 17.8.2004, of the hon'ble supreme court, which reads as under:in view of the conclusions of the high court with ..... is to make statutes, and of amending and repealing statutes, subject to ..... later on the application having been filed by the college under article 226 of the constitution of india, the court on 25.5.1990 ..... rule 26 of this chapter provides that the recruitment of employees in a recognized institution shall be made on merit, either after open advertisement in a local daily news paper having a wide .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2005(1)Raj682; 2005(1)WLC548
..... (air 1987 sc 454), with respect to independence of the public service commission has observed as follows:'the value of independence, impartiality and integrity are the basic determinates of the constitution conception of public service commission and their role and functions as provided under article 321 of the constitution, the state legislature may impose additional functions on the state commission regarding the state service, local authority, ..... 2004 has made amendments in sections 89 and 90 of the act of 1994 and rules 258, 259, 263, 266 and ..... in delhi police force perform the same functions and duties as other drivers in service of delhi administration and the central government and as such they were entitled to the ..... the administrator of the union territory appointed under 239 and references to the legislature or the legislative assembly of a state were references, in relation to a union territory having a legislative assembly, to that legislative assembly:provided that the president may, by public notification, direct that the provisions of this part shall apply to any union territory or part thereof subject to such exceptions and modifications as he may specify in the notification. ..... statutory recruitment rules would become nugatory or otiose and the department can favour any person or appoint any person without following procedure provided in the recruitment rules which would lead to nepotism and arbitrariness ..... chapter xii of the rules of 1996 provides for process of recruitment .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1982Raj297; 1982()WLN294
..... 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 inconsistent with or took away or abridged any of the rights conferred by article 14 or article 19 of the constitution. ..... held that the constitution 1st amendment act, 1951 which introduced article 31a in the constitution did not damage or destroy the basic structure of the constitution. ..... the constitution(forty-fifth amendment) act, 1980) for giving a decisive death-blow to article 334 of the constitution. ..... social realists 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. ..... 1972, under article 338 of the constitution (chapter 13 of report of commissioner, sc & st dated 15-8-1972; p. .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2006(4)Raj2890
..... the provisions of hindu succession act, which in its scheme divides succession into two types, one being interstate, as provided by chapter-ii, and the other being tastamentary, as provided by chapter iii, comprising of section 30, and a person succeeding to the estate of the deceased, by either of nature of succession, is obviously an 'heir', and since hindu succession act is the personal law, ..... shop along with chabutari constituted one tenement, the tenancy thereof was one, and parting with possession even of any part of the rented premises could provide ground of eviction to the plaintiff, and to that extent there is no dispute, but ..... 1981, the status of mishrimal was only that of statutory tenant, and during pendency of the appeal he having died on 2.12.2004, nihal chand, who has been substituted in place of appellant mishrimal, being not falling within the category of one of the persons enumerated in section 3(7)(b) of the act, as persons entitled to be treated as tenant, in the ..... hotel and lodging house rates control act, 1947, whereunder the definition of tenant has been given in section 5(11), which reads as under:5(11) 'tenant' means any person by whom or on whose account rent is payable for any premises and includes-(a) such sub-tenants and other persons as have derived title under a tenant before the commencement of the bombay rents, hotel and lodging house rates control ..... and along with the tailoring work, he will also keep essential cloth and other allied articles, .....
Tag this Judgment!Court : Rajasthan
Reported in : (2009)IVLLJ225Raj; RLW2009(3)Raj2029; 2009(3)WLN571
..... this act,-(a) the provisions of this act shall have effect notwithstanding anything to the contrary contained in the memorandum or articles or a banking company, or in any agreement executed by it, or in any resolution passed by the banking company in general meeting or by its board of directors, whether the same be registered, executed or passed, as the case may be, before or after the commencement of the banking companies (amendment) act, 1959 (33 of 1959); and(b) any provision contained in the memorandum, articles, agreement ..... in chapter iii, as per sub-section (1) of section 9 (board of directors) of the act of 1976, the board of directors shall consist of the chairman appointed under sub-section(1) of section 11, and the following other members, namely:[(a) two directors, who are not officers of the central government, state government, reserve bank, national bank, sponsor bank or any other bank, to be nominated by the central government;(b) one director, who is an officer of the reserve bank ..... course of conciliation proceeding and includes a written agreement between the employer and workmen arrived at otherwise than in the course of conciliation proceeding where such agreement has been signed by the parties thereto in such manner as may be prescribed and a copy thereof has been sent to [an officer authorised in this behalf by] the appropriate government and the conciliation officer;]24. ..... 3153/2000, decided on 20.07.2004, and having relied upon the judgment of the hon'ble .....
Tag this Judgment!Court : Rajasthan
Reported in : (2003)182CTR(Raj)554; [2004]266ITR70(Raj)
..... ' considering the provision of the central excise act, 1944, under section 37(2), enabling the central government to make rules on various matters including exemption of any goods from whole or any part imposed by the act. ..... this was so held even without any provision like clause (vi) as was inserted for the first time vide taxation (amendment) act of 1984 (act no. ..... clause (v) thereof includes within the meaning of 'perquisites' any sum payable by the employer, whether directly or through a fund to which the provisions of chapters ix-a and ix-b do not apply, to effect an assurance on the life of the assessee or in respect of a contract for an annuity on the life of the assessee. ..... 1st april, 2002, by the finance act, 2001, and amendment in rule 3 of the it rules, 1962, vide notification, dt. ..... in order to appreciate the contentions, and the effect of amendments, it would be apposite to notice the scheme of it act particularly in the context of computing income under the head 'salaries'. ..... whether amended rule 3 is violative of article 14 41. ..... this pronouncement was made by the supreme court in re article 143 of constitution of india delhi laws act air 1951 sc 332 and harishanker bagla v. ..... on the other hand, the learned counsel appearing for the revenue has urged that amendments brought into the act as well as the rules are valid. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR2005Raj177; RLW2005(1)Raj611; 2005(2)WLC270
..... of or group within any caste, race or tribe, but save as aforesaid a notification issued under the said clause shall not be varied by any subsequent notification.article 342 of the constitution(1) the president may, with respect to any state or union territory, and where it is a state............after consultation with the governor......thereof, by a public notification, specify the tribes or tribal communities or parts of or groups within tribes ir tribal communities which shall for the purposes of this constitution ..... on 30.5.1968 by letter 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. ..... , if the view of the high court is accepted, it will lead to absurd, unjust and ex-facie illegal results running contrary to articles 341 and 342 of the constitution. ..... the 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 of caste certificate ..... a long span of over 34 years by different benches of different high courts consistently holding that 'halba koshti' is 'halba' must have or in any case, reasonably supposed to have affected the course of life of a large portion of the community and now taking a different view, would lead to uncertainty and chaos and hence, we should desist from making a departure. .....
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