Court : Rajasthan
Reported in : [2002]256ITR73(Raj); 2002(3)WLC479
..... of the house should belong to the assessee. 15. the letter/circular f. no. 317/23/73-wt, dated july 24, 1973, issued by the department reads-'after the amendment of the above section from 1st april, 1972, it reads as under : 'one house or part of a house belonging to the assessee.' the point for consideration is whether ..... has held that the partner is entitled under section 5 of the act of 1957 to exemption on his apportioned share of the property belonging to the partnership firm of which he is a partner. the decision rendered by the apex court ..... held that in computing the net wealth of a firm under rule 2 of the wealth-tax rules, 1957, the assets exempt under section 5 of the wealth-tax act, 1957, should be included and then apportioned among the partners for granting exemption in their individual assessments after computing their own individual net wealth. thus, the apex court .....
Tag this Judgment!Court : Rajasthan
Reported in : (2002)174CTR(Raj)436
..... of the house should belong to assessee.10. the letter/circular f. no. 317/23/73-wt, dated 24-7-1973, issued by the department reads :'after the amendment of the above section from 1-4-1972, it reads as under :'one' house or part of a house belonging to the assessee.the point for consideration is whether exemption ..... has held that the partner is entitled under section 5 of the act of 1957 to exemption to his apportioned share of the property belonging to the partnership firm of which he is a partner. the decision rendered by the apex court ..... held that in computing the net wealth of a firm under rule 2 of the wealth tax rules, 1957, the assets exempt under section 5 of the wealth tax act, 1957, should be included and then apportioned among the partners for granting exemption in their individual assessments after computing their own individual net wealth. thus, the apex court .....
Tag this Judgment!Court : Rajasthan
Reported in : 2002(5)WLC361; 2002(5)WLN107
..... and its inclusion in the ninth schedule, the validity of the original act and the amendment could not be challenged and the appeals filed by the state government were bound to ..... to the rajasthan land reforms & acquisition of land owners' estates act 1964 as ultra vires being violative of articles 14 & 31 of the constitution but in letters patent appeal against which, the learned division bench of this court held that on account of the amendment act no. 15 of 1975 which has been given retrospective effect ..... government or such local authority or educational institution as the case may be. (iii) land surveyed and recorded, whether before or after the commencement of this act, during any proceeding relating to survey and preparation of records or otherwise belonging to the government, or a local authority, which is used for any public purpose .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR2002Raj293; 2001(1)WLC709
..... proposers. in either case, his nomination would be valid insofar as the aspect or proposing is concerned.23. consequent upon amendments having been made in the representation of the people acts, 1950 and 1951 by the amendment act, 1996 (act 21 of 1996) with effect from 1.8.1996, the election commission of india issued a circular dated 9.8.1996 ..... the union territories. paras 7, 14 and 15 thereof are relevant for the purpose, which are extracted and reproduced hereasunder:--'7. under the amended section 33 of the representation of the people act, 1951, the nomination of a candidate at the election to the house of the people or a state legislative assembly shall be required to ..... party is found valid on scrutiny, the substitute candidate shall not be deemed to have been set up by that party for the purposes of the amended section 33 of the representation of the people act, 1951 and his nomination paper will be scrutinised by the returning officer having regard to the other provisions of that .....
Tag this Judgment!Court : Rajasthan
Reported in : 2002(4)WLC198; 2003(1)WLN30
..... goswami and ors., : [1997]2scr12 , the court observed that while entertaining the second appeal, the court should not over-look the change brought about by the amendment act of 1976 restricting the scope of second appeal drastically and now it applies only to appeals involving substantial question of law, specifically set-out in the memorandum of appeals ..... roy and ors. , the privy council has provided the guidelines as in what cases the second appeal can be entertained, explaining the provisions existing prior to the amendment of 1976, observing as under:..that miscarriage of justice means such a departure from the rules which permeat all judicial procedure as to make that which happen not ..... the case involves such a question. therefore, the existence of a substantial question of law is a sine-qua-non for the exercise of jurisdiction under the amended provisions of section 100 of the code. it is the obligation on the court of law to further the clear intendment of the legislature and not to .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2003(1)Raj171; 2002(5)WLC455
..... a stipulation in that behalf contained in contract of employment. the apex court further observed in this context that the amendment introduced in section 48 of the corporation act has clearly excluded the provisions of i.d. act so far they are in conflict with the rules framed under section 48(2)(oo), the result whereof will be ..... since the decision was not given effect to and he having completed more than 240 days before terminating the services of the petitioner, the provisions of the act should have been followed.12. i nave heard learned counsel for the parties at length, perused relevant documents and also examined their rival submissions and also perused ..... not attracted to such matters. the law governing the employee is covered by the service jurisprudence is practically different than the principle applicable to the workman under the act.5. from the perusal of the above appointment orders issued from time to time by the authority, it is thus crystal clear that the appointment of the .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2003(1)Raj176; 2002(2)WLC555
..... year 1973 or therefore, having been made on negotiation with the apex committee of the government of rajasthan under the rajasthan nazool shop (management & disposal) rules, 1971 (amended by government notification no. f. 30(3) cab/75/dt. 3.2.1977) and according to recitals of sale deeds, vendor (government of rajasthan) sold the nazool ..... transferred in favour of the plaintiffs or whether the state government was competent to sell the suit nazool property? (9) whether section 203 of the rajasthan municipalities act does apply in view of specific plea of the plaintiffs that they had not made encroachment or obstructions upon public land? (10) whether the property rights can ..... .b. held that the decision of the learned single judge holding the sale void on account of non- compliance of proviso to section 80(1) of the act therefore, cannot be sustained.27. in gopal lal maheshwari v. satya narain (8), this court held that court can issue directional temporary injunction inasmuch as the question .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2003(2)Raj796; 2002(3)WLC402
..... : i.e. the first vacancy by seniority-cum-merit; the subsequent vacancy by merit; the cycle is to be repeated every year and the very fact that this amendment came in the year 1978 before the selections were held for the vacancies of the year 1979 in the year 1980 and in view of the language contained in notification ..... is that there were 7 vacancies for merit and only 6 vacancies for seniority-cum-merit and it is for this incorrect consideration of the application of explanation dehors the amendment of 1978 which has resulted into rejection of the appeal before the tribunal and the writ petition before the learned single judge. 14. it is transparently clear from the ..... services rules and so far as the rules of 1960 are concerned, this explanation was added after sub-rule 6 of rule 25-a. the word, 'after' in the amending notification is very significant. it is not under sub-rule 6 but after sub-rule 6 and therefore the 'explanation' applies to all the posts for which selection is required .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2003(1)Raj463; 2002(3)WLN418
..... is not possible, nor the same is necessary to decide the real controversy in the dispute between the parties. therefore, it cannot be held that in refusing the amendment, the court below has committed any irregularity or jurisdictional error and as such, the order impugned requires to be interfered in exercise of jurisdiction of this court under section ..... the original plaint and the same had been in his knowledge when the plaint was instituted, the plaintiff cannot be allowed to make fresh allegation of facts by way of amendment at a belated stage. while deciding the said case, this court placed reliance upon the judgment in gopal krishanamurthi v. shreedhara rao (9). in gauri shankar v. ..... 'such subsequent event may be one purely of law or founded on facts. in the former case, the court may take judicial note of the event and before acting thereon put the parties on notice of how the change in law is going to affect the rights and obligations of the parties and modify or mould the course of .....
Tag this Judgment!Court : Rajasthan
Reported in : [2003(96)FLR532]; 2002(5)WLC55; 2002(5)WLN126
..... a stipulation in that behalf contained in contract of employment. the apex court further observed in this context that the amendment introduced in section 48 of the corporation act has clearly excluded the provisions of i.d. act so far they are in conflict with the rules framed under section 48(2)(oo), the result whereof will be ..... deals with conditions precedent to retrenchment of workman. it would not apply to para 3a because of the definition of retrenchment in section 2(oo)(bb) of the act, which expressly excludes 'termination of the service of a workman as a result of the non renewal of the contract of employment between the employer and the workman ..... for the parties, the writ petition has been heard finally at the order stage itself while considering the application under section 17b of the industrial disputes act, 1947 (for short 'the act'), is being disposed of by this order.2. it is a clear case of contractual appointment, where services of the respondent-workman were terminated on .....
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