Court : Rajasthan
Reported in : AIR1982Raj139
..... here the first case of g. nageswara rao, (air 1959 sc 308) (supra) around which much argument has been advanced. in that case, a scheme for nationalisation of motor transport was published by the state transport undertaking and the state government invited objections to the scheme. the petitioners filed their objections, the secretary to the transport ..... all 620 (fb) and thakur madhosingh v. state of rajasthan, air 1954 raj 197.52. learned government advocate did not refute the submission that the amending act or acts, which have not been placed in the ninth schedule are open to challenge on the ground of being violative of any fundamental rights, as has been laid down ..... the 15th day of august, 1975, whichever is later.(2) without prejudice to any other remedy that may be available to it under the rajasthan tenancy, act, 1955 (rajasthan act 3 of 1955), if the state government, after calling for the record or otherwise, is satisfied that any final order passed in any matter arising under the .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1985Raj104; 1984()WLN291
..... under :'zero-rating. relief from payment of value added tax on the supply of certain goods and services, e.g. food (with exceptions), books and newspapers, coal fuel etc.','zero point energy. the energy possessed by the atoms or molecules of a substance at the absolute zero temperature.' (p. 762).'zero life line. an expression ..... as landless person of that village. explanation-- for the purpose of this proviso 'sagri' means the bonded labourer as defined in the bonded labour system (abolition) act. 1976 (central act no. 19 of 1976).' 90. as per resume of the arguments earlier, the challenge with the computation of area ofbarani, to uncommand land with command land ..... years from the date of application subject to the extent of the ceiling area applicable to the allottees under the rajasthan imposition of ceiling on agricultural holdings act, 1973 (rajasthan act 11 of 1973) at a fixed price, to be notified by the state government in the official gazette, from time to time, for notified lands.' .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1980Raj27
..... in chap. iii. the question involved was whether paying proper compensation was necessary and this was the point in issue in that writ where validity of bank nationalisation act was challenged.14. so far as the present case is concerned, the two terms compensation and interest are separately used in the rajasthan land acquisition ..... award is vitiated and reference should have been made under section 18 of the act. mr. ras-togi's contention was that compensation is comprehensive term and includes interest on account of loss or damage caused to person by deprivation of the property, as held in bank nationalisation case (air 1970 sc 564, r. c. cooper v. union of india ..... ).10. mr. meherishi, learned counsel for the respondents on the contrary raised a serious preliminary objection, it was argued that under s. 18 of the act a reference can be made only in relation to four .....
Tag this Judgment!Court : Rajasthan
Reported in : 2001CriLJ800; 2001(2)WLC632; 2000(3)WLN39
..... meaning, however, in popular sense, it simply means honestly, without fraud, collusion or deceit, really, actually, without pretence and without intent to assist or act in furtherance of a fraudulent or otherwise unlawful scheme. the quality and quantity of honesty requisite for constituting good faith is conditioned by the context and object of ..... police under chapter xiv of cr.p.c. were not available in respect of offences triable under the west bengal criminal law amendment (special courts) act, 1949 and hence the investigation was without jurisdiction. the hon'ble supreme court reversed the said judgment observing as under:'the powers of investigation into ..... been contended that clauses 5 and 6 are relevant for our purpose, which speak about absurdity, express legal bar in the code or the concerned act either against the institution or continuation of proceedings or providing efficacious redressal. it has been submitted that though after the incident, there had been agitations and .....
Tag this Judgment!Court : Rajasthan
Reported in : (1985)ILLJ111Raj
..... concerned. it is true that the standing orders may have been framed by a private industrial establishment which comes within 1 the purview of the act. but the act provides for the conditions of service of employees of such establishment, which were previously left to the agreement of the parties, to be brought ..... probation, etc., and further rajasthan state road transport corporation employees service regulations, 1965 which have been made under section 45 of the road transport corporations act, 1950 expressly provide the categories of posts and services and make distinction between the employees on the permanent post in comparison to the work charged employees and ..... reinstatement should be with full back wages and with continuity of employment. the above observations of mine would not prejudice the case of the petitioners in claiming back wages under section 31-c of the i.d. act by proper application. similarly they would not prejudice the employers from commencing any proceeding either .....
Tag this Judgment!Court : Rajasthan
Reported in : 1992(1)WLC452; 1992(1)WLN500
..... was repelled by the high court. the supreme court examined the scheme of the life insurance corporation act and the industrial disputes act and observed that, so far as the nationalisation of insurance business is concerned, the lic act is a special legislation, but equally indubitably is the inference, from a bare perusal of the subject ..... 'at the termination of the settlement as between the workmen and the corporation the id act is a special legislation and the lic act is a general legislation. likewise, when compensation on nationalisation is the question, the lic act is the special statute. an application of the generalia maxim as expounded by english text ..... of the government of rajasthan, vide its notification dated, 25-8-88, had exempted the nationalised banks, state bank of india, non-nationalised bank and regional rural banks from the application of the provisions of '1958 act' and the central cooperative banks were not so exempted. the central cooperative banks were exempted from .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1987Raj83; 1987(1)WLN272
..... a writ of habeas corpus or other appropriate writ.there are indignant critics who charge that by an over-expansive interpretation of article 21, the supreme court is acting as a super-legislature and is dabbling in matters outside its legitimate sphere. these critics forget that it is the proverbial tardiness of legislatures and the inertia, almost ..... writ of habeas corpus was not available even in the case of an order of detention proven to be mala fide. fortunately, after the constitution (forty-fourth) amendment act, which has made article 21 non-suspendable even during an emergency, no court can now deny to any person, at anytime, the full amplitude of article 21 including ..... the intention of the legislature may go in vain or be left to evaporate into thin air. where that intent is clearly expressed in the language of the act, there is little difficulty in giving effect to it. but where such intent is covert and couched in language which is imperfect, imprecise and deficient or is .....
Tag this Judgment!Court : Rajasthan
Reported in : 1992(3)WLC661; 1991(1)WLN291
..... but an authority created by a statute cannot question the vires of that statute or any of the provisions thereof where- under it functions. it must act under the act and not outside it.14. it may be stated that their lordships of the supreme court while quoting with approval the observations of derbyshire [c.j.]. ..... the chief justice may from time to time appoint. this committee shall be called the administrative committee.(2) subject to these rules, the administrative committee shall act for the court in its administrative business in respect of the matters enumereted in rule 17.rule 17. matters on which the administrative committee shall be consulted:-the ..... courts with a view to promote conciliation in, and secure speedy settlement of, disputes relating to marriage and family affairs and for matters connected therewith. before this act came into force, certain amendments were made in the criminal procedure code, 1973 and certain changes were made in the c.p.c. in the year 1976 as regards .....
Tag this Judgment!Court : Rajasthan
Reported in : 1(1994)ACC532
..... adarsh travel bus service and anr. v. state of uttar pradesh and ors.: : air1986sc319 considered the entire aspect in relation of a nationalised route under chapter iv-a of the old act and held that where the route covered by the scheme over-laps any route, no permit to private operators could be granted. it was ..... true that temporary permits are granted on special occasions of fairs and religious gatherings. if such situation arises in relation to a nationalised route or a portion thereof section 101 of the act provides operation of additional services by state transport undertaking. section 101 reads as under:101.-operation of additional services by the state ..... year 1991 and that there is reciprocal arrangement for issuance of temporary permits under section 87(a) of the act to the private operators. it was also submitted that exclusion or prohibition on a nationalised route to ply transport services by a private operator should not apply on transport vehicles to be used temporarily under .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2010(2)Raj1847
..... for taking complainant's evidence by affidavit has been given, then any provision contrary in the code of criminal procedure cannot override section 145 of the n.i. act. the stage of enquiry is pre-summoning stage. the word 'inquiry' has been defined under the code of criminal procedure, which is reproduced hereunder for ready ..... submissions of the parties and perused the record carefully.10. the two questions framed are otherwise interlinked, thus are taken together for its answers. the negotiable instruments act was amended with certain objects and has been elaborately discussed by the hon'ble apex court in the case of mandvi co-op bank ltd. (supra). ..... before issue of process, complainant and his witness(s) can be examined on affidavit.8. learned counsel for non-petitioner further contended that the negotiable instruments act being special legislation has overriding effect over the general law being the code of criminal procedure, thus general law should give way to the special law. the .....
Tag this Judgment!