Court : Rajasthan
Reported in : AIR1954Raj291
..... the times in which particular legislation is enacted. judged from this point of view, it can hardly be said that there is no public purpose behind the act. as the act itself shows, it is a measure of land reform in the state of rajasthan intended for the benefit of the whole community. it is too late, therefore ..... . it must, however, be remembered that jagirdars had, generally speaking, no rights over mines and minerals in rajasthan, for example section 231, mar-war land revenue act provides that unless it is otherwise expressly provided in the records of the settlement or by the terms of a grant, the right to all minerals, mines and quarries ..... bhomichara was also known as jagir at that time, the word 'jagir' used in section 169, in our opinion, clearly referred to bhomichara tenures also.the land revenue act then defines certain special kinds of jagirs called 'scheduled jagirs' and 'listed jagirs', and bhomichara tenures were not included in them. but that is because bhomichara jagirs had .....
Tag this Judgment!Court : Rajasthan
Reported in : I(2004)ACC86; AIR2003Raj251; RLW2003(4)Raj2248; 2003(3)WLC428
..... and because of accident, it remained out of use;(iii) that the motor vehicle was attached for the recovery of tax under the rajasthan land revenue act, 1956 (act no. 15 of 1956) by the competent authority or attached under the warrant of attachment issued by the competent authority or court and during the ..... are against the judgment of the learned single judge dismissing the writ petition on the ground of availability of alternate remedy under the rajasthan motor vehicles taxation act, 1951. on the same controversy the revisional authority additional commissioner transport has taken the view in favour of the department and the same has been challenged ..... of this matter, learned counsel for the respondents submitted that on the basis of the direction given by the high court the competent authority under the act has passed appropriate orders. those orders are challenged by the respondents.as against this, learned counsel appearing for the appellants submitted that the observations made by .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2005(2)Raj1385; 2005(4)WLC163
..... section 376 ipc is the punishing provision for offence of rape. sections 375 and 376 ipc have been substantially amended by the criminal law (amendment) act, 1983. by the said act, new sections viz; sections 376a, 376b, 376c and 376d ipc have been introduced. section 376a punishes sexual intercourse with wife without her consent by ..... the very basic human right and violative of the woman's most fundamental right, namely the right to life. it is less a sexual offence than an act of aggression aimed at degrading and humiliating women. such cases are required to be handled by the courts with utmost sensitivity, high responsibility.13. 'rape' as ..... manner. the police completed the investigation and laid the charge-sheet within the record time of 36 hours. the learned magistrate taking cognizance of the offence, acted promptly and committed the case for trial to the court of sessions. the learned additional sessions judge (fast track) proceeded with the trial expeditiously in accordance .....
Tag this Judgment!Court : Rajasthan
Reported in : 2001(4)WLC731; 2000(2)WLN1
..... the allegations in the inquiry against the petitioner that he was not entitled to file the nomination paper being disqualified under the provisions of section 26 of the act and by suppressising this material fact he filled up the nomination, therefore, he cannot claim any right arising out of his wrong doing. (juri ex. injuria ..... an applicant gels an order/office by making misrepresentation or playing fraud upon the competent authority, such order cannot be sustained in the eyes of law. 'fraud avoids all judicial acts ecclesiastical or temporal.' (vide s.p. chengalvaraya naidu (dead) by lrs. vs. jagannath (dead) by lrs. & ors. (8). in lazarus estate ltd. vs. besalay ..... of the corporation and a judicial inquiry under section 63(4) has been initiated as to whether he had incurred the disqualification under section 26 of the act.(4). the main contention raised by mr. vineet kothari, learned counsel for the petitioner, has been that once the petitioner stood elected and the statute provides .....
Tag this Judgment!Court : Rajasthan
Reported in : (1999)IIILLJ851Raj; 1998(1)WLC510
..... contended by the petitioner that the state government after perusal of the failure report, referred the dispute under section 10(1) of the industrial disputes act, 1947 (for short 'the act') to the labour court, kota for adjudication in accordance with law as per the terms of reference indicated below:'whether removal of workman sampat ..... and deserves dismissal on the preliminary ground alone. it was further contended by the learned counsel that the petitioner was duly chargesheeted by the corporation for acts of misconduct and his past conduct has been such as would not justify his retention in service and he had been awarded punishment on several occasions in ..... it was not open to the labour court to have interfered with the quantum of punishment even by exercising the powers under section 11a of the industrial disputes act, 1947, particularly in cases of theft, dishonesty, forgery, misappropriation and embezzlement of public funds in which no indulgence should be shown to the employees who .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2006(2)Raj1642; 2006(3)WLC1
..... in the said section is inclusive and not exhaustive. the supreme court while interpreting the word 'includes' in definition 'industry' under section 2(j) of the industrial disputes act, 1947 in the case of the state of bombay and ors. v. the hospital mazdoor sabha and ors. : (1960)illj251sc , in para no. 10, interpreting ..... judgment of the tribunal, following questions emerge for consideration: -(1) whether term regulate the recruitment and condition of service under section 16(1) of the act of 1989 includes promotion also. in other words, whether the promotion is a condition of service.(2) whether an employer is under obligation to create promotional avenues ..... was filed by the petitioners-institution before the tribunal and it was submitted that there is no provision in the rajasthan non-government educational institutions act, 1989 (for short 'the act of 1989') and the rajasthan non-government educational institutions rules, 1993 (for short 'the rules of 1993') for filling the post by way .....
Tag this Judgment!Court : Rajasthan
Reported in : (1998)IILLJ970Raj
..... and stability from which it can reasonably be concluded that the establishment can in the normal way bear the burden of contribution towards the provident fund under the act would not be covered by this definition. the word 'employment' must, therefore, be construed as employment in the regular course of business of the establishment; ..... clearance certificate from the department of p.f. commissioner.'under this clause in the contract, the contractor is required to provide all benefits of provident-fund act to the persons engaged in his establishment on temporary or permanent basis and he is made responsible to keep all the records in relation thereto and further ..... principal employer. in case, the contractor fails to submit the requisite information for deposit of the provident-fund of his employees as per the provisions of the act of 1952 or the scheme, 5% of the gross payment towards the provident fund account shall be kept in the miscellaneous account. if the contractor produces the .....
Tag this Judgment!Court : Rajasthan
Reported in : (1998)IILLJ1021Raj; 1998(1)WLC441
..... of the petitioner in this regard is that he is protected under the provisions of section 6 of the rajasthan premises (control of rent and eviction) act, 1950 and having been lawfully allotted residential accommodation by the university for his occupation during his tenure of service, the university was not authorised to arbitrarily ..... against him in accordance with law which includes the institution of eviction proceedings before the estate officer under the rajasthan public premises (eviction of unauthorised occupants) act, 1964 and also the recovery of the penal rent if admissible to the university in accordance with law. the approach adopted by the university is obviously ..... fund and gratuity on the ground of any other dues outstanding against him. section 10 of the employees' provident funds and miscllaneous provisions act, 1952 (for short 'the act') envisages that the amount of provident fund is not subject to any attachment and the employer has no right and jurisdiction to withhold the .....
Tag this Judgment!Court : Rajasthan
Reported in : 2001(4)WLC725; 2002(1)WLN501
..... of the substance cannot be a process of manufacture. it may be seen that while the definition of very wide amplitude has been designed under the rajasthan sales tax act of the term 'manufacture' but it does not include the activity of exavation.(10). the learned counsel for the petitioner has urged that the term 'extraction' has ..... amendment in certificate of his registration to claim the benefit of concessional rate of tax prescribed in sub-s. (1) of sec. 8 of the central sales tax act, 1956. even assuming that excavation and drilling of mineral oil is not a manufacturing activity, but it certainly is a mining activity. purchase of goods by a registered ..... he is a manufacturer as he extracts oil from the earth and, therefore, he is entitled to the benefit of sec. 8(3) of the central sales tax act. he submitted that, without prejudice to his contention that drilling activity for excavating mineral oil from the earth is a manufacture process, the petitioner has primarily applied for the .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR2004Raj232; 2004(3)WLC85
..... received the assent of the ruler of jaipur at any time as required by the provisions of clause (1)(a) of section 3 of the jaipur general clauses act, 1944 (jaipur act no. viii of 1944), because the said impugned rules never received the assent of the ruler nor the rules as contained therein and published were ever either ..... from time to time by the state and published in the official gazette were to govern. in absence of custom any regulation or any enactment, the courts were to act according to justice, equity and good conscience. under section 4 all local customs and mercantile usages then in force were declared to be regarded as valid unless the ..... of law in that state.'thus only such law which was covered by the aforesaid definition of 'law' provided in sub-section (2) of section 3, namely such acts, ordinances, regulations, rules, orders or bye-laws which having been made by a competent legislature or other competent authority in the covenanting state which had the force of law .....
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