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 : 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 : 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 : 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 : 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 : 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 : 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 : 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 : 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. .....
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