Court : Rajasthan
Reported in : [2000]244ITR500(Raj)
..... question to be considered was whether the election of the president of the municipal board could be challenged only in accordance with the provisions of the u. p. municipalities act which provided that in an election petition, the high court had no jurisdiction to exercise the power under article 226 and set aside the election.30. true, the ..... tomar would give an undertaking that if this investment is found to be his, then he shall pay the tax in accordance with the provisions of the income-tax act. the interest of the department has been well protected.27. examining the issue of mala fide while scrutinising the assessment orders, it was said-'it is proved beyond ..... and rancorous attitude. the matter should have been dealt with, only in accordance with the law, without abuse of the official position while exercising power under the income-tax act. justice should not only be done, but it should be seen to have been done.3. sometimes, it is the mala fide deeds of some individual officer, .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2003(2)Raj859; 2002(3)WLC326
..... have been given effect to. apart from this, it is submitted by the learned counsel for the appellant-state that in view of the provisions of the indian medical council act, 1956 the state government could not have issued directions for treating 80% of the training period, whereby state while controlling education in the state, impinge on standards in institutions for .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1999Raj223; 1999(2)WLC431
..... 152 slating that for using unfair means the provisions of ordinance 152 can be invoked and has also observed that under section 13(a)(4) of the university of rajasthan act, the vice chancellor is empowered to take action in any emergency, which, in his opinion, calls for immediate action and further says that the situation in the case in hand ..... clear that the examinations were not conducted fairly but it was not possible for the court to examine and find out as to who was the candidate responsible for such act of trying to gel admission by paying huge amount of money. it was observed that it was the duty of the state government to find out the truth and do .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1998Raj236; 1998(3)WLC314
..... on ad hoc, temporary or even on the basis of payment on period basis are entitled to vote and are included in the definition of a 'teacher' under the act. 12. now coming to the proposition whether such like teachers are entitled to contest or not, even though the division bench abovesaid has observed to the contrary primarily ..... order was passed on 12-1 -1998 : 'the parties agreed that matter in controversy involved on legal interpretation of definition of a teacher as defined under rajasthan university act and in view of the admitted fact this court may decide the matter finally, which shall be binding on parties in civil suit as well. the arguments have been ..... court that this court in the present revision petition may decide the controversy in regard to the definition/interpretation of the 'teacher' as defined under the rajasthan university act and in such situation the parties shall be bound by such a decision in the civil suit as well i.e. the civil suit shall stand decided in view .....
Tag this Judgment!Court : Rajasthan
Reported in : I(2001)ACC555; 2001(4)WLC194; 2001(1)WLN703
Verma, J. (1) The present Misc. Appeal has been preferred challenging the award dated 19,7.2000 passed by Motor Accident Claims Tribunal, Gangapur City in MACT case No. 36/98 whereby the claimant injured has been awarded the compensation of Rs. 2, 07,000/- on account of the injuries sustained by the claimant in the accident occurred on 22.1.98 when the bus of the Corporation No. RJ. 14/P-2731 hit the claimant when the injured was taking tea at th tea - stall. He was admitted in hospital and his right leg was amputated under the knee. The bus was being driven negligently and rashly by the Driver. The FIR No. 31/98 was registered against the driver. The claimant suffered permanent disability to the extent of 70%. (2). After framing the required issues in regard to accident, negligence and quantum of compensation, the Tribunal considered the statements of witnesses and the documents including FIR, site plan, injury report, charge sheet, certificate of permanent disability, and other docum...
Tag this Judgment!Court : Rajasthan
Reported in : AIR2003Raj27; 2002(5)WLC33
..... general or collector exercising powers of the advocate general is a party, it is to be substituted by the devasthan commissioner. therefore, the rajasthan public trusts act, 1959 was enacted to achieve the object of providing better provisions for the public charitable trust, its management, and provisions for redress of grievances of the ..... rajasthan but the language of sections 16, 17 and 18 unambiguously excludes, by implication, by making specific provisions for registration of public trust under the act of 1959 which provides for establishing an authority who can accept application for registration of public trust only when principal office of the such trust are ..... advanced by the learned counsel for the parties. foremost question arises in view of the rival submissions in this appeal is whether the rajasthan public trusts act, 1959 applies to the all public trusts, whether their principal offices and principal places of the business are situated beyond the territories of the state of .....
Tag this Judgment!Court : Rajasthan
Reported in : 2001(1)WLC27; 2002(1)WLN119
..... his fundamental rights guaranteed under the provisions of the constitution have been violated. the learned judge has also held that since the provisions of sec. 11 of the act have already been deleted from the statute, no writ of mandamus can be issued, particularly when sec. 11 under which a relief has been prayed, stands deleted ..... punjab university from 3.5.1983 to 1.1.1985 and after counting service to grant promotion benefit under the ex-cadre scheme under section 11 of the act of 1974 and for other consequential prayers. according to the appellant in special appeal no. 506/98, under the provisions of rajasthan universities teachers and officers ..... respondent no. 2 jai narain vyas university, jodhpur under section 11(1) and/or 11(14) of the rajasthan universities teachers and officers (selection for appointment) act, 1974 against the year 1992 or in the alternative and without prejudice against the year 1993. a further prayer to direct the university to promote the appellant petitioner .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1997Raj217; 1997(1)WLC218; 1996(2)WLN328
..... from the perusal of the original file produced before the court the existence of information and its relevance in passing impugned supersession order against petitioner under act no. 8 of 1955 by the chancellor is successfully demostrated, therefore, in such a situation i refrain to examine the sufficiency of the information ..... exercise of power of the chancellor to supersedethe nomination of the petitioner.47. in my humble opinion in absence of any modes prescribed under the act in which petitioner was nominated regulating his removal from the nominated membership of syndicate, therefore, the chancellor has power to remove such member in exercise ..... university is not a self-contained coderegulating the procedure for removal of eithernominated or elected members of syndicate,therefore; general provisions envisaged undersection 18 of act no. 8 of 1955 can be madeapplicable for removal of the petitioner frommembership of syndicate. in fact power of removalis a necessary concomitant of power .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1995Raj50
..... of commission of corrupt practices in elections by shri shanti lal.2. a notification under section 15(2) of the representation of the people act, 1951 (for short, 'the act') was issued by the election commission calling upon the various constituencies to elect members for the rajasthan legislative assembly including the rajsamand assembly constituency no ..... . 1, which was reserved for scheduled caste. as per the programme, issued by the election commission under section 30 of the act, october 19, 1993 was the last date fixed for filing the nomination. 20th october, 1993 was the date for scrutiny of the nominations, 22nd october, ..... (smt.) shipra is not the member of the scheduled caste and, secondly, that she has not filed the necessary declaration under section 33(2) of the act specifying the particular caste to which she belongs. the nominations of other fourteen candidates were found in order and they were accepted by the returning officer. after .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1971Raj84; 1969()WLN519
..... court that the lands were transferred by the settle-ment-cum-managing officer, ganaganatfar to the petitioners under section 12 of the displaced persons (compensation & rehabilitation) act, 1954. it is also not the case of the respondents that before the lands were put to auction by the secretary, mandi development board, the petitioners ..... is that the possession of the disputed lands was transferred in due course of law and as such a suit under section 9 of the specific relief act was not maintainable.mr. agarwal further urged that the secretary, mandi development board, hanumangarh, was an agent of the government while discharging his duties under ..... the ground that the learned senior civil judge while dismissing the petitioners' suit did not correctly appreciate the scope of section 9 of the specific relief act and has erroneously held that since the petitioners have been dispossessed under the orders of the secretary, mandi development board, hanumangarh, their dispossession should be .....
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