Court : Rajasthan
Reported in : 2002(2)WLC55; 2002(4)WLN531
..... a - family pension and gratuities : where a judge who, being in service on or after the commencement of the high court and supreme court judges (conditions of service) amendment act, 1986, dies, whether before or after retirement in circumstances to which section 17 does not apply, family pension calculated at the rate of sixty per cent of the pension ..... this tenure as lokayukta he was paid pension for every completed year of service at the rate then applicable to the chief justice of the high court. after amendment in the act of 1954 the pension of justice m.l. joshi was also revised.11. it is further alleged that justice m.l. shrimal, who was earlier a judge ..... same as are applicable respectively to the chief justice and the other judges of the high court at the commencement of these rules, and as amended from time to lime.'6. first schedule to the act of 1954 to the extent necessary, dealing with the manner of computation of pension of judges, is reproduced as under:-the first schedule - .....
Tag this Judgment!Court : Rajasthan
Reported in : 2002(2)WLN193
..... the acquisition proceedings in respect of land in question stood lapsed as the award was not passed within the period prescribed under the act of 1894 as amended by the amending act of 1984 and the rajasthan amending act of 1987.8. the plea of the krishi upaj mandi, the present appellant, was that since there was an interim order ..... proceedings for the acquisition of the land shall lapse:provided that in a case where the said declaration has been published before the commencement of the land acquisition (amendment) act, 1984, the award shall be made within a period of two years from such commencement.explanation.--in computing the period of two years referred to in this ..... proviso postulated that in cases where declaration under section 6 has been made prior to the commencement of the land acquisition (amendment) act, 1984 and award has not been made before the commencement of the act of 1984, the award shall be made within a period of two years from the date of such commencement else the .....
Tag this Judgment!Court : Rajasthan
Reported in : 2003(2)WLN95
..... effective from the date specified therein, it comes into operation immediately from the date of such publication and on such publication the amendment in the rule has to be read as if part of the act', but not prior to that date. it may also further be noticed that notification dt. july 9, 1998 itself makes it ..... prescribing license fee during the operative period of licence, but after the renewal has become effective, and where such amendment is not retrospective?3. the petitioner in each case was granted licence under the rajasthan excise act, 1950 (hereinafter called 'the act') read with rajasthan excise (grant of hotel bar/club bar/restaurant bar) licences rules, 1973 (hereinafter called ..... learned counsel for the appellant that since respondent in each has agreed under the terms of licence to abide by provisions of the rajasthan excise act and rules framed thereunder as amended from time to time, on amendment on the rules w.e.f. 1.7.98 the licensee became liable to pay licence fee as per .....
Tag this Judgment!Court : Rajasthan
Reported in : 2001(4)WLC187; 2001(3)WLN295
..... refund. but no levy could have been made for the period between the date of judgment and the commencement of ordinance with reference to the provisions of the amending act as there is no validation of levy for that period.(10). having carefully considered the contention raised before us in support of the aforesaid relief, we find ..... in excess of the amount due from him by way of lax or octroi under the principal act, as amended by this ordinance.'(6), after the issuance of this ordinance, which later on became an act on enactment of the rajasthan municipalities [amendment) act, 1989 vide notification dated 18th january, 1990 coming-into force w.e.f. the date of ..... it is hereby declared that nothing in sub-section (1) shall be construed as preventing any person-(a) from questioning in accordance with the provisions of the principal act, as amended by this ordinance, any assessment, re- assessment, levy or collection of tax or octroi referred to in sub-section (1); or (b) from claiming refund of .....
Tag this Judgment!Court : Rajasthan
Reported in : (2002)77TTJ(NULL)849
..... the same have the inherent effect of forming part of the assessee's expenditure. this being so, it clearly falls within the ambit of section 43b especially after the amendment in clause (a) of the said section with effect from 1-4-1989. we, therefore, do not find any infirmity in the order of the learned commissioner ( ..... the decision of hon'ble calcutta high court in the case of cit v. orient paper industries ltd. : [1995]214itr473(cal) wherein it has been held that the amendment made in clause (a) of section 43b with effect from 1-4-1989, is clarificatory in nature and, therefore, has retrospective operations. in the present case involving assessment ..... 92 it is observed that the textile cess is levied and collected under a separate statute called textile committee act, 1963, which is a parliamentary act and as such come under the purview of section 43b after the amendment made by the finance act, 1988.26. as such considering all the facts of the case, the legal position emanating from the .....
Tag this Judgment!Court : Rajasthan
Reported in : 2001(1)WLC636; 2001(1)WLN635
..... under section 33c(1) and the contention must fail.15. it may be pointed out here that the change in law has occurred since the amendment was effected in industrial disputes act, 1947 by amending sub-section (2) of section 33c as noticed above, the unamended section 33c did not provide under sub-section (2) of section 33c ..... v-a. the provision did not apply to moneys or benefits due under awards or settlement. this led to the enactment of industrial disputes (amendment & misc. provisions) act, 1956 through which industrial disputes (appellate tribunal) act, 1950 was repealed and so also section 25-i in chapter v-a of the industrial disputes ..... to post by two authorities who have been statutorily entrusted with the task of discharging the obligations for execution of awards granting monetary reliefs under the industrial disputes act and the employer, the university of jodhpur (now jnv university), another instrumentality of the state is making merry by not implementing the award for making of .....
Tag this Judgment!Court : Rajasthan
Reported in : 2001(1)WLC27; 2002(1)WLN119
..... that the this is decided as per the law applicable on the date of start of the lis unless the amendment is retrospective and in the present case the learned single judge without going into the provisions of the rajasthan general clauses act has committed an error in dismissing the writ petition.(10). dr. y.k. tiwari, appellant in d.b ..... 1975 to 2.5.1983 in the university studies in law, university of rajasthan, jaipur. thereafter he was selected as reader in labour law through the open all india competition in the punjab university, chandigarh and was appointed as such vide order dated 16.4.1983, where he joined on 3.5.1983 and served there from 3.5. ..... holding that the petitioner has not been able to make out a case of violation of fundamental rights has however, held that there is nothing to show that the amendment has been with retrospective or prospective effect and still at the concluding portion of the judgment held that the provision itself is not more in existence. being aggrieved the .....
Tag this Judgment!Court : Rajasthan
Reported in : 2000(3)WLC399; 2007(3)WLN569
..... very purpose of protection has been frustrated. upon such pleas, the petitioners prayed to quash and set aside rule 13 of the rules of 1962 as amended by amendment act no.44 dated 3.2.1993 and to declare a fresh result of 15 times of number of vacancies plus 5% in addition to the preliminary examination ..... he issued ad interim writ directing the rpsc to publish the result of the preliminary examination of raj as than state and subordinate service direct recruitment by combined competitive examination, category-wise for the scheduled caste, scheduled tribe and other backward classes candidates and rest of the candidates in general category separately. it was also ..... this judgment, i would like to give separate though concurring judgment.57. the position as it was invogue prior to the amendment of the raj as than state & subordinate services (direct recruitment by combined competitive examinations) rules, 1999 (for short 'the rules of 1999'); as per the scheme of rule 13 of rajasthan state and .....
Tag this Judgment!Court : Rajasthan
Reported in : 2000(3)WLC340; 2000(3)WLN606
..... service is governed by the rajasthan administrative service rules, 1954. under rule 7, two sources of recruitment have been provided namely direct recruitment through combined competitive examination and by promotion of tehsildars. the ratio between two sources from which recruitment is to be made to the service have been varied from time to ..... service. therefore, that part of the submission of the learned counsel for the appellants that in absence of notification specifying the strength of service and consequently amending the schedule, no change in the earlier notified strength of the posts in the cadre can take place merely by creation of posts temporarily or permanent, ..... inferred from temporary appointments given on the posts.(30). the supreme court in k. prasad vs. union of india (supra) was considering the all india services act, 1951 and forest service (recruitment) rules, 1966 and the rule 4 of the cadre rules which envisaged that the strength and composition of each of the .....
Tag this Judgment!Court : Rajasthan
Reported in : [2000]120STC442(Raj); 2000(4)WLC115
..... two years of the communication of such order, to the assessing authority and all such assessments pending on the date of commencement of the rajasthan sales tax (amendment) act, 1979 shall be completed within one year from the date of such commencement or within two years from the date of communication of such order to the ..... expiry of two years from the date of receipt of application from the dealer :provided that assessments pending on the date of commencement of the rajasthan sales tax (amendment) act, 1979 shall be completed within one year from the date of such commencement or within the period specified in clause (iii) or clause (iv) as the ..... deals with time-limit for giving effect to directions of the appellate/revisional authority or to orders passed by respective superior authorities.section 10-b of rajasthan sales tax act reads as under, so far as it is relevant for the present purposes :10-b. time-limit for assessment.--(1) no assessment shall be made--(i).....................(ii .....
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