Court : Rajasthan
Reported in : 1995(2)WLC612; 1994(2)WLN307
..... adduced by the revisionist, both the courts-below recorded curiously again, a finding that even if there were marriages of three girls in the family of the revisionist even then, under the rajasthan guest control order, 1978 only 300 persons could have taken their meals. ..... learned chief judicial magistrate, jodhpur vide his judgment dated 4.12.81, after trial, held that the petitioner is guilty for the offence under section 3/7 of the essential commodities act; 1955 and sentenced him to undergo one year's s.i. ..... after investigation, challan was presented in the court of chief j judicial magistrate, jodhpur for offence under section 3/7 of the essential commodities act, 1955 for contravening the provisions of the rajasthan guest control order, 1978.3. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1991Raj149; I(1992)DMC245
..... his house in village beer where she stayed with him for about four days and thereafter accompanied by her brother, came to her parents' house from where she returned to the matrimonial home in august, 1978 and lived with the appellant for about 15 days and after that period she went to the house of her parents and returned to the matrimonial home on or about 25-1-1979 and thereafter went to ..... this conduct of the respondents caused great mental anguish and humiliation to the appellant; (ii) in august, 1978 on one occasion the respondent hit appellant's mother with 'bhoonkni' and this act of the respondent caused disgrace and humiliation to the appellant and his parents in the eye of his relations; (iii) that the respondent had been creating problems and difficulties affecting the normal ..... , she stayed with her parents and came to live with the appellant in august, 1978 where she lived only for 15 days and thereafter had gone to her parents' house and that after returning to the matrimonial home she had to go to her parents' house in february, 1979 as ..... the instances of cruelty quoted in the petition were: (i) on one occasion in august, 1978 when the appellant and his friends and classmates sriram and ugam lal visited him, the appellant asked the respondents to prepare tea for them, but she muttered very ..... this is husband's appeal under section 28 of the hindu marriage act, 1955 (the act) against the decree and judgment dated 17-10-1986 passed by the learned district judge, ajmer .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR2005Raj208; RLW2005(2)Raj1073; 2005(2)WLC305
..... hear the appeal against the judgment of the learned single judge of this court as was vested under article 225 of the constitution and later on conferred under section 52 of the state reorganisation act 1956 and the rajasthan high court rules, therefore, was not affected or abrogated by the repeal of the rajasthan high court ordinance 1949 which has long ceased to be governing statute in ..... pre-1976 position has however been resolved by the 44th amendment act, 1978, so that all the tribunals other than military tribunals are again ..... the powers of the high court in the matter of administration of justice as contained in article 225 of the constitution read with sections 52, 54 & 57 of the state reorganisation act, 1956?answering the reference the full bench observed thus:-'the right of intra court appeal does not stand abrogated with the repealing ..... amarnath, (1954) scr 565, and it was indicated that the material part of article 227 substantially reproduces the provisions of section 107 of government of india act 1915, except that the power of superintendence has been extended by the article also to tribunals.the history of article 227 suggests that the framers of our ..... navjot sandhu, (2003) 6 scc 641, the apex court propounded thus:(i) the jurisdiction under article 227 can not be limited or fettered by any act of the state legislative;(ii) the supervisory jurisdiction is wide and can be used to meet the ends of justice, also to interfere even with an interlocutory order;(iii) the .....
Tag this Judgment!Court : Rajasthan
Reported in : [2005]147TAXMAN61(Raj)
..... hear the appeal against the judgment of the learned single judge of this court as was vested under article 225 of the constitution and later on conferred under section 52 of the state reorganisation act, 1956 and the rajasthan high court rules, therefore, was not affected or abrogated by the repeal of the rajasthan high court ordinance, 1949 which has long ceased to be governing statute in ..... the pre-1976 position has however percent resolved by the 44th amendment act, 1978, so that all the tribunals other than military tribunals are again ..... (1954) scr 565 (sc), and it was indicated that the material part of the article 227 substantially reproduces the provisions of section 107 of government of india act, 1915, except that the power of superintendence has been extended by the article also to tribunals.the history of article 227 suggests that the framers of our ..... naviot sandhu (2003) 6 scc 641, the apex court propounded thus:(i) the jurisdiction under article 227 cannot be limited or fettered by any act of the state legislative;(ii) the supervisory jurisdiction is wide and can be used to meet the ends of justice, also to interfere even with an interlocutory order,(iii) the power ..... with regard to the character and scope of writ of certiorari following proportions may be taken as established(i) the court issuing certiorari acts in exercise of supervisory and not appellate jurisdiction;(ii) certiorari will be issued for correcting errors of jurisdiction;(iii) the power of issuing a writ .....
Tag this Judgment!Court : Rajasthan
Reported in : 1993WLN(UC)408
..... we are precisely concerned only with one point in this appeal which has been canvassed before us and it is this that whether on issuance of a notification under section 8(5) of the cst act it over-rides the other provisions of section 8(1) to 8(4) or whether it only partially over-rides them (as held by the learned single judge) to the extent of the right of the state government to ..... in respect of sale of specified qualities of goods mentioned in the notification the tax rate can be reduced to nil or it can be lowered then one specified in sub-section (1) or sub-section (2) of section 8 of the act in the course of inter-state trade or commerce payable by any class of specified dealers or about the type of goods specified in the notification. ..... the learned judge observed that the delegated-authority under section 8(5) of the central sales tax act 1956 has a particular function to perform and the local legislative and the delegatee have an ..... the division bench that sub-section (5) of section 7 of the cst act has over-riding effect over the kerala additional sales tax act in respect of sales made in course of inter-state trade or commerce desers to be sustained but the observations of the learned judges of the division bench regarding applicability of section 8(2a) of the cst act were dealt with by their lordships of the supreme court in the ..... 1978) even though certain reduced rates are prescribed by a notification issued by the state government under section 8(5) of the cst act .....
Tag this Judgment!Court : Rajasthan
Reported in : 1981WLN701
..... their temporary appointments and subject also to the availability of substantive vacancies of lecturers in the department concerned.2/- as a legal & logical consequences of the above striking down sections 6 & 7 of the ordinance of 1978 and 7 & 8 of the act of 1979 are declared invalid and struck down being violative of articles 14 and 16 of the constitution.3/- the respondent, university of rajasthan, is directed to reinstate all the petitioners on the posts which they ..... all the six petitioners should further be given all consequential reliefs which may flow from the above directions.6/- since the state of rajasthan promulgated the impugned ordinance of 1978 and the act of 1979 at the instance, primarily of the vice chancellor of university of rajasthan-respondent, and made the untenable distinction of post emergency and pre-emergency, all ..... terminated on the expiry of that day.sections 6 & 7 of ordinance6) last date of making substantive appointments: no appointment in pursuance of this ordinance shall be made after the expiry of the 31st august, 1978.7) termination of the services of the temporary lecturers not substantively appointed: the service of a temporary lecturer who is considered for substantive appointment under sections 3 and 4 but is not substantively appointed on or before ..... 1974 (2) slr 568:(o) but we have to be constantly on our guard to see that this test which has been evolved as a matter of practical necessity with a view to reconciling the demand for equality .....
Tag this Judgment!Court : Rajasthan
Reported in : 1988(1)WLN677
..... subsequently, an application was moved by him before the learned additional district judge that an issue regarding partial eviction be framed as provided in the proviso of sub-section (2) of section 14 of the rajasthan premises (control of rent and eviction) act, 1950 (here in after to be called 'the act') and be remitted to the learned trial court for recording its finding thereon, the plaintiff seriously opposed it. ..... the proviso given below sub-section (2) of section 14 of the act runs as under:that the court is satisfied that no hardship would be caused either to the tenant or to the landlord by passing the decree in respect of a part of the premises, the court shall pass the decree in respect of such ..... ram chand air 1978 sc 513, seema sandesh and ors. v. ..... in this reported case, the failure of the courts of facts in recording a finding as contemplated in the proviso to the explanation to section 11(1)(b) of the jammu & kashmir houses and shops rent control act, 1966 was under consideration. ..... ram chand : [1978]2scr380 ; radha kishan v. ..... ram chand : [1978]2scr380 . .....
Tag this Judgment!Court : Rajasthan
Reported in : 1983WLN95
..... i may here also refer to rule 20, which runs as under:20 - code of civil procedure to apply in certain cases : the following provisions of the first schedule to the code of civil procedure, 1908 (central act 5 of 1908) shall so far as may be, apply to proceedings before the claims tribunals, namely, order v, rules 9 to 13 and 15 to 30, order ix, order xiii, rules 3 to 10, order xvi, rules 2 to 21, order xvii, and order xviii, rules 1 to 3.7 ..... at the time of arriving at a settlement.so far as the claims tribunal is concerned, we find that this duty to safeguard the interest of the minors is greater in view of the specific provisions contained in section 110 of the motor vehicles act which said that the claims tribunal should make an award determining the amount of compensation which appears to it 'to be just'. ..... as already observed above, the appellant filed his written-statement on january 10, 1978 and the opportunity to the defendant to deliver a counterclaim came to an end with the expiry of the time fixed for the delivery of his defence ..... with the learned tribunal that the counter-claim filed in the present case is not maintainable on the ground that the appellant failed to file the counter-claim when he filed he original written-statement on january 10, 1978. ..... no claim in respect of any damage to the truck of the appellant was made when the original written-statement was filed by the appellant on january 10, 1978. ..... the appellant filed his written-statement on january 10, 1978. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1(1984)ACC368
..... arriving at a settlement.so far as the claims tribunal is concerned, we find that this duty to safeguard the interest of the minors is greater in view of the specific provisions contained in section 110-b of the motor vehicles act which says that the claims tribunal should make an award determining the amount of compensation which appears to it 'to be just. ..... cannot be pressed into service for filing a counter-claim in claim proceedings under section 110a of the act so as to allow the owner of the vehicle which caused the accident or the insurer thereof, an additional opportunity of presenting his claim in the ..... as already observed above the appellant filed his written-statement on january 10, 1978 and the opportunity to the defendant to deliver a counter-claim came to an end with the expiry of the time fixed for ..... the following provisions of the first schedule to the code of civil procedure, 1908 (central act 5 of 1908) shall so far as may be, apply to proceedings before the claims tribunals, namely, order v, rules 9 to 13 and 15 to 30; order ix; order xiii, rules 3 to 10; order xvi, rules 2 to 21; order xvii; and order ..... the learned tribunal that the counter-claim filed in present case is not maintainable on the ground the appellant failed to file the counter-claim when he filed the original written-statement on january 10, 1978. ..... any damage to the truck of the appellant was made when the original written-statement was filed by the appellant on january 10, 1978. ..... on january 10, 1978. .....
Tag this Judgment!Court : Rajasthan
Reported in : [1985]60STC349(Raj); 1985(2)WLN16
..... the application, which has been treated as a revision, is allowed and the order dated 16th may, 1972 of the deputy commissioner (appeals), order dated 7th august, 1978 passed in revision by the board and order dated 26th march, 1979 passed in special appeal by the board are set aside and it is held that the penalty imposed by the order ..... it held as under :thus in 1971 when the penalty was imposed under section 16(1)(c), unless a penalty was provided in the central sales tax act for late submission of returns penalty could not have been imposed and it has been held accordingly by the deputy commissioner (appeals) and the learned chairman ..... ) of the general sales tax law of each state shall, with necessary modifications, apply in relation to the assessment, reassessment, collection and the enforcement of payment of any tax required to be collected under this act in such state or in relation to any process connected with such assessment, reassessment, collection or enforcement of payment as if the tax under this ..... bombay commercial traders [1978] 41 stc 215 a question arose whether the provision of section 36(3) of the bombay sales tax act, 1959 could not be imported in the assessments under the cst act to levy penalty for late payment of central sales tax and such levy of penalty was without ..... the board in the revision and the special appeal by its orders dated august 7, 1978 and march 26, 1979 is not correct in the face of the insertion of sub-section (2a) in section 9 of the cst act. .....
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