Court : Rajasthan
Reported in : 1996(2)WLC624; 1996(1)WLN259
..... : [1961]1scr642 (ibid), the supreme court held that the very fact that the minister concerned presided over the sub-committee constituted to implement the scheme of nationalisation of bus services by itself was not sufficient to establish that he was actuated by personal bias so as to disqualify him from hearing objections under chapter-iv ..... the impugned show cause notices 'is still there, the matter should in the fitness of things be adjudicated upon under section 32 of the rajasthan cooperative societies act, 1965 by the registrar of the cooperative societies at jaipur, as directed by the learned single judge.21. the special appeal stands disposed of accordingly and ..... wrong on the part of the present joint registrar taking the decision by way of adjudicatory process within the meaning of section 32 of the rajasthan cooperative societies act, 1965, pursuant to the impugned show cause notices. to that extent, however, the judgment of the learned single judge stands modified.20. we are given .....
Tag this Judgment!Court : Rajasthan
Reported in : 1988(1)WLN191
..... 'subject to a proper contract to be prepared by the vendor's solicitiors' an agreement to take a flat 'subject to suitable agreements being arranged between your solicitors and mine' an agreement to grant a lease '^subject to the terms of a lease' (because this meant subject to the terms to be contained in a lease executed by ..... in writing to support the variation. there is the well known case of plevins v. sowning coupled with what was said in bessler wachter clover &. co. south dorwent coal co. ltd. which gave rise to a good deal of difficulty on that score; but all those difficulties are swept away now. if the defendant, as he did ..... of jurisdiction is involved and this court is called upon to decide whether the district judge has the jurisdiction to allow the application under section 33 of the arbitration act or whether the arbitrators have the jurisdiction, have to be decided and, therefore, i over-rule the preliminary objection about the maintainability of the revision petition.18. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1985(1)WLN237
..... appointed to perform the duties of the tribunal. the supreme court rejected the aforesaid contention and have observed:section 296(2) of the government of india act, 1935, itself, which authorised the governor to constitute a tribunal did not indicate any qualification for the eligibility of the persons to be appointed as ..... state of assam v. sristikar dowerah and ors. (supra), the validly of sub-section (3) of section 3 of the assam revenue tribunal (transfer of powers) act, 1948, which empowered the provincial government to appoint the appellate authority, was challenged on the ground that it suffered from the vice of excessive delegation of essential legislative ..... the expiry of the period of three years. sections 12 empowers the state government to make rules for the purpose of giving effect to the provisions of the act. in exercise of the said power, the state government has made' the rajasthan civil services (service matters appellate tribunals) rules, 1976 (hereinafter referred to .....
Tag this Judgment!Court : Rajasthan
Reported in : 1975(8)WLN184
..... is less than ore hundred and eighty rupees.(b) the tax under clause (2) shall not be on a motor vehicle as defined in the motor vehicles act, 1939 (central act iv of 1939) or any other mechanically propelled vehicle, and(c) the tax under clause (3) shall not be levied on artisans:provided further that, upon ..... matter, context and the effect, of the relevant provisions of the said statute. in other words, it would be necessary to examine carefully the scheme of the act, its object and all its relevant and material provisions before deciding whether by the application of rule of construction enunciated by section 21, the appellant's contention ..... 4) that the petition involves disputed questions of fact, which cannot be properly decided in writ jurisdiction. he has also urged that the petitioner is, by its act conduct and acquiescence, estopped from asking the reliefs contained in the writ petition.5. first, i propose to dispose of the preliminary objections the argument regarding suppression of .....
Tag this Judgment!Court : Rajasthan
Reported in : 1998(3)WLC423; 1998(1)WLN334
..... it can be recovered under section 33c(1) and other statue will not operate for the over-riding character of this act as provided under the provisions of section 25j.12. in chief mining engineer, east india coal company ltd. v. rameshwar : (1968)illj6sc , the court held that proceedings under section 33c(2) are analogous to ..... application under section 33c(2) claiming back wages. the court held that without challenging the subsequent discharge and its adjudication in a reference under section 10 of the act, the cannot claim back wages for the period beyond the unchallenged order of termination.21. similarly, the apex court, in fabriel gasusa v. labour commissioner and ors ..... , government live-stock farm, hissar v. ramesh kumar, : (1997)11scc363 , the court held that the remedy under section 33c(2) of the i.d., act is available only when there is no dispute about entitlement of the workman. the provisions cannot be invoked in case where the entitlement itself is in dispute. in the .....
Tag this Judgment!Court : Rajasthan
Reported in : 1988(2)WLN419
..... the right to carry on any trade or business, is concerned, it was held not to be infringed merely because in pursuance of the so called policy of nationalisation of text-book, the punjab government had issued a series of notifications regarding the printing, publication and sale of text books for different classes in the schools of ..... unless confirmed by the government rule 58 conferred power to relax any of the provisions of the rules in the interest of mineral development or better working of the mine. his lordship desai, j. stated that undoubtedly rule 28 permitted contract for winning mineral to be granted by the government by auction or tender. he observed: ..... with or runs counter to a directive principle would prima facie incur the reproach of being unreasonable. it thus follows as a necessary corollary that the government cannot act in a manner which would benefit a private party at the cost of the state; such action would be both unreasonable and contrary to public interest. the .....
Tag this Judgment!Court : Rajasthan
Reported in : 1979WLN247
..... the appellant further finds corroboration from the recovery of a blood stained axe at his instance and in consequence of an information recorded under section 27 of the evidence act. it is proved by the evidence of shri kameshwar prasad, pw 13, that the appellant, while in police custody, gave him an information that he had ..... the recovery of an axe on may 9, 1972, at the instance of the appellant and in consequence of his information recorded under section 27 of the evidence act, he applied for further remand of the appellant to police custody for further investigation, and he made a note to this effect in his police diary after ..... his hand immediately after the occurrence. the public prosecutors further submitted that the confessional statement made by the appellant was free, voluntary and true and could safely be acted upon and provided surer basis for conviction of the appellant under section 302, ipc, especially when it found support from other independent evidence on the record such as .....
Tag this Judgment!Court : Rajasthan
Reported in : 1991(1)WLN70
..... . and not the discretion of the court. the explanation-i added to sub-section (2) of section 167 cr.p.c, which was added by the cr.p.c. (amendment) act,1978, made it clear that the accused shall be detained in custody so long as he does not furnish bail. the question, therefore, which requires consideration, is which is the .....
Tag this Judgment!Court : Rajasthan
Reported in : 1974WLN785
..... when he was lying on the ground and than (sic) a shot at rakhi-ram batrayed complete lack of compasion in him learned public prosecutor characterised this act, an act of severe cruelty sahab rim's again going to the 'giwad' and firing several shots without the least thought that he was taking the lives of two ..... sentence to be awarded, while the common frailities and tailings of ordinary human beings, to which the offender given vent may, without affecting the criminality of the acts punished, be enough to show that a lesser sentence will meet the ends of justice, abnormal twists of the mind or indications of an obdurate and unrelenting viciousness ..... six punctured wounds were all caused by the other accused who have been awarded the lesser sentence.chawla and mukhtiara appellants are immature youths who appear to have acted at the instigation of their elder, harlal.prolonged mental torture suffered by chawla and mukhtiara on account of their being constantly haunted by the specter of death .....
Tag this Judgment!Court : Rajasthan
Reported in : 1980WLN(UC)379
..... umbrella of 9th schedule only was negatived on the ground that the umbrella provides protection to the act from constitutional challenge but it can always be examined whether a scheme of nationalisation fulfils the requirement of the act.32. apart from this, in the judgment of sindhi sahiti mal purpose transport, cooperative society, ..... 9th schedule of the constitution also proved insufficient to provide immunity from judicial review of schemes of nationalisation under the act. every fresh theme of nationalisation, invariably leads to opening of fresh legale battle fronts, as the war of nationalisation is unending and every expanding, the basic reason being it is primarily a 'socio economic' ..... meters have been given. it can, therefore, be said that the plan for nationalisation of the various routes was considered and that formed the material for forming an opinion as required under section 68-c of the act. therefore, there is no prima facie merit in the submission that the corporation has .....
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