Court : Rajasthan
Reported in : AIR1960Raj224
..... section s of the central provinces laws act (act xx of 1875) provided that in questions regarding certain topics the personal laws of the parties had to be applied. ..... it is important to recall that these provisions are analogous to the two sub-sections of section 21 of the kotak state civil courts act.unfortunately even the central provinces laws act had not been applied to berar at the relevant time or even till 1941. ..... which was a glaring omission in the provincial berar laws act.the net result was that neither the fatal accidents act applied to berar, nor could the courts in a case of this nature act under the principles of justice, equity and good conscience within the meanof section 6 of the central provinces laws act. ..... therefore, there was no question here of creating a new cause of action under cover of the principles of justice, equity and good conscience; but that by virtue of section 4 of the kotah state laws act the cause of action vouchsafed under the fatal accidents act in all such cases had to be recognised and given effect to by the courts in that area. 31. ..... under article 21 of the indian limitation act, a 'suit by an executor, administrator or representative under the indian fatal accidents act, 1855, can be filed within one year from the date of the death of the person killed. ..... no weight can be attached to his testimony. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1967Raj280
..... in these circumstances the question arose whether the partnership was not illegal in view of section 3 of the central provinces and berar food grains control order, 1945, which prohibited that no person shall deal in foodgrains as a wholesale dealer except tinder and in accordance with the licence, issued by the deputy commissioner of the ..... partnership company did not hold such a licence.according to section 6 of the act of 1944, read with schedule 1 thereof, wholesale business in the purchase or sale of tobacco could not be carried on except under a licence, obtained under the act, from such date as may be specified in a notification issued by the central government in this behalf. ..... which was a princely state at that time, under the law in force in that state for dealing in food grains there.the plaintiff admitted in his plaint that the partnership was formed for the specific purpose of exporting foodgrains to places outside the province of nagpur because the defendants were not registered as dealers in the province and could not get permits for export from the province and it had been agreed between the parties that ..... set out all the conditions agreed to between the parties at the time of the agreement, and it should suffice to mention that the partnership business was to consist of the sale and purchase of tobacco among other articles referred to above and that such business shall be conducted in the name of the partnership which was agreed to be styled as ramavatar company. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1960Raj92
..... the explicit language used m section 13(2) coupled with the fact that parliament must have been aware of the recommendations made by the indian states finances enquiry committee leaves no doubt in our mind that it was the intention of parliament to repeal all laws granting privileges and immunities from excise duties.under section 37(2)(xvii) of the central excises and salt act, 1944, the central government has power to make rules to exempt any goods from the whole or any part of the duty ..... the jodhpur state acceded to the dominion of india in august 1947, and entered into a covenant of integration with other rulers for the formation of the united state of rajastnan article 6(2) of which provided as follows:'the ruler of each new covenanting state shall not later than the seventh day of april 1949, make over the administration of his state to the raj pramukh; and thereupon:(a) all ..... it goes without saying that any general concessions which the centre itself may accord to persons and corporations in the provinces should of course be available also on similar terms to persons and corporations in states, it they should be more favourable than those (if any) already accorded by the states themselves.'34. ..... madras province, air 1945 pc 98 that excise duty is a tax on the manufacturer. ..... united provinces, air 1946 pc 127 and to a full bench decision of this court in associated stone industries (kotah) ltd. v. ..... it was held by the federal court in madras province v. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1987(2)WLN415
..... field of the union and the state legislature cannot legislate with regard to any such matter even indirectly and that it is why, it became necessary to enact the cantonments (extension of rent control laws) act, 1957, section 3 of the act of 1957 provided that the central government, may, by a notification in the official gazette extend to any cantonment with such restrictions and modifications as it thinks fit, any enactment relating to the control of rent and regulation of house accommodation which ..... to remove this difficulty the central government extended the relevant rent control laws under section 3 of the cantonments (extension of rent control laws) act, 1957. ..... 33/71 for the amending act which has been published in the gazette of india, part-ii section ii, dated december 13, 1971 at page 1093-the cantonments (extension of rent control law) act, 1957 (46 of 1957), was enacted by parliament under article 246 of the constitution read with entry 3 of the union list. ..... the tenant shall furnish an undertaking in writing before the trial court within a period of 2 months from today for vacating and handing over vacant possession of the suit premises, to the landlord. ..... before the constitution came into force, the power to make laws with respect to rent control in cantonment areas belonged to the legislatures of the former provinces and states. .....
Tag this Judgment!Court : Rajasthan
Reported in : (1994)IILLJ600Raj; 1994(3)WLC240
..... other individual disputes can be regarded as an 'industrial dispute' only when the tests enumerated in the decisions of the supreme court in central provinces transport service's case (supra) and other subsequent decisions are satisfied.10. ..... after making reference to the decision of the supreme court in premier automobiles' case (supra), a learned single judge held that, common law does not recognise any limitation on the power in the matter of transfer of the employees on the ground of mala fides, victimisation or unfair labour practice. ..... (2) if the dispute is an industrial dispute arising out of a right or liability under the general or common law and not under the act, the jurisdiction of the civil court is alternative, leaving it to the election of the suitor concerned to choose his remedy for the relief which is competent to be granted in a particular remedy. ..... lordships of the supreme court then examined the facts of the case which came up for consideration before them and observed that the source of the right claimed by the plaintiffs was the agreements entered from time to time under section 18(1) of the act. ..... but, where the industrial dispute is for the purpose of enforcing any right, obligation or liability under the general law or the common law and not a right, obligation or liability created under the act, then alternative forums are there giving an election to the suitor to choose his remedy of either moving the machinery under the act or to approach the civil court. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1978Raj72
..... have their own government empowered to enact and enforce laws.in re the initiative and referendum act, 1919 ac 935 at page 942, it has been held :'the scheme of the act passed in 1'867 was thus, not to weld the province into one, nor to subordinate provincial governments to a central authority, but to establish a central government in which these provinces should be represented with exclusive authority only in force ..... schedule provides that until a notification is issued under this paragraph, the governor of assam shall, in his discretion, determine the amount payable by the state of assam to the district council, as royalty accruing from leases from minerals, article 239 (2) authorises the resident to appoint the governor of a state as an administrator of an adjoining union territory andprovides that where a governor is so appointed, he shall exercise his functions as such administrator ..... , namely, to enable the chancellor to have sufficient time to make the necessary arrangement under section 12 (7) of the act so that the duties of the office of the vice-chancellor may be carried on, in ..... the next contention that the reversion of the petitioner from the post of director, institution of correspondence studies to that of a reader in political science was reduction in rank by way of punishment, as it attaches a stigma or that, at any rate, the appointment of the petitioner to the post of professor as a substantive one and he could not be reduced in rank to that of a reader and that .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1983Raj154
..... in this central provinces and berar electricity duty act, the definition of 'consumer' under section 2 (a) was given as under :' 'consumer' means any person who consumes electrical energy sold or supplied by ..... producer consumer fell squarely within the table under section 3 of the central provinces and berar electricity duty act, 1949. ..... definition of word 'consumer' and 'producer' as given under the central provinces and berar electricity duty act, 1949 and renders no assistance to the controversy raised before us.11. ..... of duty payable with respect to electrical energy supplied for consumption and therefore, the levy on the producer consumer falls squarely within the table under section 3 of the act'.in the above case it was held that a consumer would include 'any person, who consumes electrical energy supplied by a person who generates electrical ..... is whether the company falls within the definition of 'consumer' as defined under clause (c) ofsection 2 of the act and whether theblock of premises used by the companyfor the purpose of generation and fortaking energy from the rajasthan stateelectricity board for supplying electricity to consumers can be considered aspermises used by company for its commercial purpose ..... joshi placed reliance on the meaning of words 'commercial purpose' as given under the law laxicon by mukherjee at page 342, which runs as under:'the word 'commercial' according to the oxford dictionary, means ..... the repair of goods then it is not entitled to any exemption. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1974WLN367
..... between the licensee and the state under the the canvass of excise revenue which is defined in section 3(8) of the act as follows:'excise revenue' means revenue derived or derivable from any payment, duty, fee, fine (other than a fine imposed by a court of law) or confiscation imposed or ordered under the provisions of this act or of any other law for the time being in force relating to liquor or intoxicating drugs.when the liquor contractors were ..... referred us to an act of the central provinces excise act (no. ..... the liquor contractor having enjoyed exclusive monopoly for the retail sale of the country liquor for many years suffered from no murmours of conscience while carrying on this business, article 47 of the constitution notwithstanding when they failed in performing their part of the licence for whatever reason, they are invoking the wisdom of prohibition to justyfy ..... it was urged that any system which encouraged the increased consumption of liquor, was contrary to the directive principles of the state policy contained in article 47 of the constitution of india the board of revenue rejected all the three contentions & dis-satisfied, the petitioners have filed the writ petitions ..... bhargava in regard to these systems was that these licences were invalid b cause they were directly contrary to the directive principles contained in article 47 of the constitution of india inasmuch as they encouraged the liquor contractors to boost their sale and injure the community and its morals .....
Tag this Judgment!Court : Rajasthan
Reported in : 2008CriLJ1265
..... authorised under section 29(1) of the prisons act, 1900 (iii of 1900) and the government of india (adaptation of indian laws) order, 1937, to order the removal of such prisoner as required above and will pass a formal order sanctioning the transfer, and will at the same time give notice in each case to the inspector-general of prisons of the province to which ..... divisional officer,(c) from a subsidiary jail in one district to a subsidiary are in another district, by the collector of the district from which the person is removed with the consent of the collector of the other district, and(d) by the inspector-general of prisons:(i) from one central jail to another central jail or to a district jail or a subsidiary jail, or(ii) from one district jail to another district jail or a central jail or a subsidiary jail, or(iii) from one subsidiary ..... interviews with the members of the family and friends can be upheld as constitutionally valid under articles 14 and 21, unless it is reasonable, fair and just.the same consequence would follow even if this problem is considered from the point of view of the right to personal liberty enshrined in article 21, for the right to have interviews with members of the family and friends is ..... if it can be so arranged, be transferred at different time; when different classes are transferred at the same time, they shall be so far as may be practicable, kept apart from each other, and no prisoner of one class shall be attached to a prisoner of another class. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1982Raj139
..... second proviso to sub-section (1) or sub-section (2) of section 15 of the act as were inforce during the period from 8-4-1978 to 13-8-1978 and under the new ceiling law notices could be issued within 4 years from the date of final order or within 3 years from 15-8-1975 and under the old ceiling law, the notice could be issued within 6 years of the commencement of the act and after this period, ..... on the ground that the state government, which is a party in a ceiling matter, has been made a judge in its own cause and further the provisions are violative of article 14 on the ground that varying limitations have been prescribed for different periods and classification made in the orders passed by the board of revenue and the orders passed by the other ..... land-holders and the tenants, which may pertain to claim of exemption of certain land from ceiling or of recognition of certain transfers or of inclusion or exclusion of certain persons as members of the family or question relating to construction and interpretation to be placed on the provisions of law or the application of law to the given facts, then the sub-divisional officer is required to act judicially, and the matter can be considered as a judicial matter ..... case (air 1961 sc 1669) (supra), the appellate power was vested in the central government under section 111 of the companies act, 1956, which was a judicial power of the state to adjudicate upon rights ..... the observations made in para 5, in province of bombay's case (air 1950 sc .....
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