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 : 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 : (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 : 1982WLN321
..... be decided on other points.34. viewed from this angle, i am convinced that i would be on firm foundation keeping in view the scheme of the act, history of nationalisation and legislative history referred to above, in taking the above view that the impugned notifications cannot be issued under section 11(2) and 49 of the ..... of the life insurance corporation of india. the life insurance corporation of india was established under the life insurance corporation act, 1956 (here in after referred to as 'the act') with effect from 1st september, 1956; due to historical nationalisation wave.9. the life insurance corporation (here in after l i c ) introduced a self-contained code of work ..... act and consequently they are ultra-vires and void.35. it is now to be examined whether development officers are workmen and if so what is effect .....
Tag this Judgment!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 : 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 .....
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 : 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 : 1978(11)WLN406
..... of the proceedings was that notices of the objections were not issued to the state government as required by the u.p. zamindari abolition and land reforms act, 1950 (act no. 1 of 1951) and that the state government, having no knowledge of the objections could not appear and contest the case set up by the raja ..... it on the receipt of the notices from the tehsildar, gogunda and for condo nation of delay they could make an application under section 5 of the limitation act explaining the reasons for not preferring the appeal under section 30 within the period of limitation. section 2(e) defines 'employer' and it includes amongst others the ..... deserve recall here. one shri chunnilal son of shri 'paras ram resident of nai, tehsil girawa, district udaipur preferred two claims under the workmen's compensation act, 1923 (for short the act) before the workmen's compensation commissioner, udaipur region, udaipur, who will hereinafter be referred to as the commissioner on the ground that on july 13, .....
Tag this Judgment!Court : Rajasthan
Reported in : 1978(11)WLN546
..... sharma had made an alternative submission which i have referred to above & therefore, the condition of payment of rs. 15,000/- was imposed on an erroneous assumption. this conclusion of mine is further strengthened from the fact that in the first para of the order, it is mentioned that 'he (shri d.c. sharma, adv. is prepared to deposit rs. 15 ..... in a court for achieving the higher and the main purpose of a court, namely, the purpose of doing justice in a case before it and for seeing that the act of the court does no injury to any of the suitors. the learned judges were of the opinion that the circumstances requiring the use of such a power cannot be ..... . in the exercise of the power under sub-section (2) of section 10 of the rajasthan high court ordinance, 1949 read with sections 54 and 57 of the states reorganisation act, 1956, the learned judge was nominated to sit at the jaipur bench from july 3, 1978 by the hon'ble chief justice in these circumstances, it was not possible that .....
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