Court : Rajasthan
Reported in : AIR1974Raj4; 1973()WLN424
..... judicial functions have been taken away. they include, in addition to the execution of the laws, the maintenance of public order, the management of crown property and nationalised industries and services, the direction of foreign policy, the conduct of military operations and the provision or supervision of such services as education, public health, transport, ..... laws which are for the time being in force in the state of rajasthan. for instance, a minor is not competent to contract under the contract act. surely, no mining lease can be granted under the minor mineral concession rules. 1955, to a minor even though there is no prohibition in these rules that the ..... article 299 of the constitution was not applicable, is erroneous. on the other hand, mr. agarwal learned counsel appearing for the plaintiff-respondent, urged that the mining lease was granted under the minor mineral concession rules 1955 and, therefore, no other law would be looked into to determine the validity of the lease except .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1990Raj143; 1989WLN(UC)373
..... done, they cannot be said to have been done for the entire duration of the permits or for the period of three years, and therebeing approved nationalised schemes under and section 68d(2)(3) of the act, the permit-holders have no right of counter-signatures and the rta hissar/ faridabad or for that matter any other rta cannot be directed to ..... permits and it cannot be said that though the procedure under section 57 of the act was not followed the counter-signature for shorter duration shall be considered for the entire duration of the permit or for the period of three years.(hi) if there is no nationalised approved scheme under section 68-d(2) and (3) of theact on any portion .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1973Raj322; 1973()WLN448
..... for the respondent was that notice was required to be given by the trial court to devasthan commissioner under section 72 of the rajasthan public trusts act. 1959. the rajasthan public trusts act. 1959 (act no. 42 of 1959) received the assent of the president on the 22nd day of october, 1959. it came into force from 1-7 ..... 2 as respondent in appeal against the plaintiffs. it was indicated that the remedy was by way off a fresh appeal with an aoplication under section 5, limitation act and the court had power to allow such appeal againstsuch defendant on sufficient cause and to try both appeals simultaneously. it was in this context that the learned ..... learned judge further ordained that a judicial notice shall be taken of the period during which the shops were kept open according to the shops and commercial establishment act passed by the rajasthan legislature, irrespective of the fact whether the provisions thereof were applicable to merta city looking to the size of the population or not. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1977Raj6
..... to do with the plying of the vehicles of the said respondents between dhardi and bhensrodgarh. mere publication of the proposed or draft schemes of nationalisation under section 68-c of the act could not have the effect of prohibiting the states from entering into a reciprocal agreement, because at that stage it was not possible to envisage ..... the rajasthan gazette dated may 11, 1973. the aforesaid draft scheme has now been approved by the state government and the final nationalisation scheme has also been notified under section 68-d (3) of the act on october 9, 1975 and it has also been stated before me at the bar that the said scheme has also been implemented ..... with effect from october 25, 1975. another draft scheme for the nationalisation of udaipur-chittorgarh, chittorgarh-bundi and other connected routes was published .....
Tag this Judgment!Court : Rajasthan
Reported in : 1992CriLJ810; 1991(1)WLN476; 1991(2)WLN577
..... lordships did not take into consideration the vital factor that v. c. shukla was decided in the back ground of the particular scheme of the special courts act and that act was not in pari materia with the code of criminal procedure. likewise, its section 11 was not in pari materia with the, provisions of section 397 ..... magistrate. under this provision, high court hears revisions not only against the orders of magistrate but also against orders of session judges etc. under the special courts act, the presiding judge is a very high dignitary, unlike magistrate, assistant session judges, additional session judges and session judges. hence, it is difficult to see ..... sitting judge, not subordinate in any way to the government. the special judge appointed, therefore, is a very experienced judicial officer who must be presumed to act in an extremely just and equitable manner keeping himself alive to the rules of natural justice and fair play.after alluding to the aforesaid special features, their .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1995Raj50
..... of commission of corrupt practices in elections by shri shanti lal.2. a notification under section 15(2) of the representation of the people act, 1951 (for short, 'the act') was issued by the election commission calling upon the various constituencies to elect members for the rajasthan legislative assembly including the rajsamand assembly constituency no ..... . 1, which was reserved for scheduled caste. as per the programme, issued by the election commission under section 30 of the act, october 19, 1993 was the last date fixed for filing the nomination. 20th october, 1993 was the date for scrutiny of the nominations, 22nd october, ..... (smt.) shipra is not the member of the scheduled caste and, secondly, that she has not filed the necessary declaration under section 33(2) of the act specifying the particular caste to which she belongs. the nominations of other fourteen candidates were found in order and they were accepted by the returning officer. after .....
Tag this Judgment!Court : Rajasthan
Reported in : 1994(73)ELT536(Raj); 1994(1)WLC222; 1993WLN(UC)377
..... .' 15. in punjab industries v. collector of central excise, 1989 (43) e.l.t. 314 (tribunal) it has been held that no new commodity emerges by conversion of coal dust into coal briquettes by mixing molasses. it has been held in bharat forge & press industries (p) ltd. v. collector of central excise, : 1990ecr1(sc) that merely because goods after ..... adopted completely in respect of all the items. merely because some change has been made in the hsn method that would not necessarily mean that the classification under the act can be made according to the change in the hsn.18. there is no substance in the contention of the learned counsel for the respondents that goods prepared by ..... .17. great reliance was placed by the learned counsel for the respondents on hsn. hsn has not been followed in respect of chapter nos. 25 and 26 of the act of 1985 and, therefore, it cannot be invoked for the purpose of interpreting the entries of these chapters. it has been held in chjay industries pvt. ltd., bombay v .....
Tag this Judgment!Court : Rajasthan
Reported in : 1993CriLJ3776
..... of law of general importance have been raised, which also involve interpretation of sections 36a and 37 of the narcotic drugs & psychotropic substances act, 1985 (in short, the act' or 'ndps act'). the questions may be formulated as under:-1. whether under the proviso (a) to section 167(2) of the code of criminal ..... regulation of operations relating to narcotic drugs and psychotropic substances, and to implement the provisions of international conventions on such drugs and substances. the act provided deterrent punishment for drug trafficking offences. later on the parliament further felt that still more stringent provisions were necessary to check the menace of ..... counsel for the petitioners also contended that there was serious irregularity and infirmity in search and seizure of the contraband articles, and mandatory provisions of the act were not complied with by the concerned authority, as such, the petitioners deserve to be released on bail on this ground. according to the learned .....
Tag this Judgment!Court : Rajasthan
Reported in : 2000(3)WLC56; 2001(2)WLN79
..... the investigating officers in the case, in other words, if the court is convinced that the testimony of a witness to the occurrence is true the court is free to act on it albeit investigating officer's suspicious role in the case.'(25). the fact remains that by the testimony of kesar and barji, it is fully established that both the ..... , or if the court uses them for the purpose of contradicting such police officer, the provisions of section 161 or section 145 as the case may, of the indian evidence act, 1872 (1 of 1872), shall apply.'sub-section (2) is clear that a criminal court may use the diary not as a evidence but to aid it in a trial .....
Tag this Judgment!Court : Rajasthan
Reported in : 1973(6)WLN906
..... intended to be conveyed by the use of the words under the circumstances the object of insertion of chapter iva in the m.v. act was to facilitate the introduction or expansion of nationalisation of transport service & to encourage the grant of monopoly permits to the state transport undertaking & to cover other ancillary matters. having regard ..... scheme one related to inter statal route. this contention has also therefore no force so far as the present case is concerned. i am fortified in this view of mine by three supreme court decisions reported in state of mysore v. k.n. chandrashekhara air 1965 sc 533, d. m thippeswamy v. mysore appellate tribunal : [ ..... my view, therefore, the government is competent to extend the period of supersession more than once unless it is established that the power is being exercised malafide. this view of mine finds support from the decisions of the supreme court reported in n.s. thread co. v. james chadwick & bros : [1953]4scr1028 , vasanlal maganbhai v. state .....
Tag this Judgment!