Array
(
    [0] =>  ..... . 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 ..... 
    [1] =>  ..... 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 ..... 
    [2] =>  ..... 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  ..... 
    [3] =>  ..... 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 ..... 
    [4] =>  .....  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 ..... 
    [5] =>  ..... .' 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 ..... 
    [6] =>  ..... 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 ..... 
    [7] =>  .....  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  ..... 
    [8] =>  ..... : [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 ..... 
    [9] =>  .....  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 ..... 
)
Coal Mines Nationalisation Act 1973 Chapter I Preliminary - Sortby Old - Court Rajasthan - Page 3 - Judgments | SooperKanoon Skip to content


Judgment Search Results Home > Cases Phrase: coal mines nationalisation act 1973 chapter i preliminary Sorted by: old Court: rajasthan Page 3 of about 36 results (0.201 seconds)

Feb 25 1991 (HC)

Nawab Khan and ors. Vs. the State of Rajasthan

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 .....

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Mar 04 1991 (HC)

Radhey Shyam Soni Vs. the State of Rajasthan and ors.

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 .....

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Jun 03 1991 (HC)

Jarnail Singh Vs. State of Rajasthan

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 .....

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Jan 21 1992 (HC)

Sikar Kendriya Sahkari Bank Ltd. Vs. Prescribed Authority, Under the R ...

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 .....

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Jan 11 1993 (HC)

Rashid Khan Alias Rashid and ors. Vs. the State

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 .....

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Nov 10 1993 (HC)

Polar Marmo Agglomerates Ltd. Vs. Union of India (Uoi)

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 .....

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Jan 04 1994 (HC)

Rajasthan State R.T.C. Jaipur Vs. the State of Uttar Pradesh and ors.

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 .....

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Aug 30 1994 (HC)

Dr. (Smt.) Shipra Vs. Shri Shanti Lal

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 .....

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Apr 26 1996 (HC)

The State of Rajasthan and ors. Vs. Swaroop Ram

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 .....

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Mar 30 1998 (HC)

Superintending Engg. Zhakam Project Vs. Ramesh Chandra and anr.

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 .....

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