Court : Rajasthan
Reported in : 1981(8)ELT772(Raj)
..... and ors. v. excess profits tax officer, bellary. a.i.r. 1967 s.c. 1541.in amadalavalasa's case, a.i.r. 1976 s.c. 958. while interpreting the provisions of the emergency risks (goods) insurance act (62 of 1962) and the emergency risks (factories) insurance act (63 of 1962), the supreme court observed that the principle behind section 6 of ..... made adequate provisions for the adjudication of disputes and the provisions made thereunder have been made final. therefore, the civil court's jurisdiction in adjudicating disputes under the said act is impliedly barred.18. it is sufficient to point that the case on hand is completely distinguishable. the suit is not for adjudication of any ..... of the civil court in these matters was therefore impliedly barred by the scheme of the act.16. in premier automobiles v. k.s. wadke, a.i.r. 1975 s.c. 2238 it was held with reference to the provisions of the industrial disputes act, 1947, that what the union sought to challenge by the institution of a suit was .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2004(3)Raj1788; 2004(4)WLC17
..... behalf of the board, proceed to acquire it under the provisions of the rajasthan land acquisition act, 1953 (rajasthan act xxiv of 1953) and on payment by the board to the state government of the compensation awarded thereunder and of other charges incurred by the state government in connection with such acquisition, ..... , is not adequately represented in the service of the state.34. relying on the decision of c.a. rajendran's case (supra), the supreme court in state bank of indian scheduled caste/tribe employees' welfare association and anr. v. state bank of india and ors. etc. held as follows:-'... .... undoubtedly, article ..... article 243p, which defines municipalities as meaning an institution of self-government constituted under article 243a; article 243r dealing with composition of municipalities;, article 243 s pertaining to constitution and composition of ward committees; article 243t relating to reservation of seats; article 243 u fixing duration of municipalities; article 243v laying .....
Tag this Judgment!Court : Rajasthan
Reported in : 1992CriLJ810; 1991(1)WLN476; 1991(2)WLN577
..... all borne out by the plain language employed in section 11(1). when the act excludes the code then it is obvious that it excludes an appeal against any type of an interlocutory order. the absence of revision is more than compensated by giving the accused a right of an appeal against any judgment or order of ..... serious difficulty. it has been used in various statutes including the code of civil procedure, letters patent of the high courts and other like statutes. in webster's new world dictionary 'interlocutory' has been defined as an order other than final decision decided cases have laid down that interlocutory orders to be appealable must be those ..... remained to be done in respect of the petitions.11. now, we may deal with the decisions, which have directly interpreted the expression 'interlocutory order'. in amarnath's case (1977 cri lj 1891), the fir was lodged against a number of persons including the appellants. the police, after due investigation challenged some of the accused persons .....
Tag this Judgment!Court : Rajasthan
Reported in : I(1985)ACC342; AIR1984Raj144
..... be just', after 'making an enquiry in respect of the claim arising out of a motor accident. while determining the amount of compensation to be awarded to the claimant under section 110-b of the act, the tribunal could have also awarded interest at a reasonable rate, because the criteria which was laid down by the legislature for ..... negligent driving and as such the claimant was not entitled to any amount whatever. another appeal has been filed by the insurer, m/s. vanguard insurance company ltd., disputing their liability for payment of compensation, which has been allowed to the claimant.6. i shall firstly take up the cross-objections preferred by the owner of the ..... s case a bench of the madhya pradesh high court after considering the entire scheme of the provisions of section 110 and sections 110-a to 110-f of the act. formulated the following four propositions;--'(1) if no death or personal injury results in an accident arising out of the use of motor vehicles, the claim for compensation .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1957Raj189
..... division court, referred to above. but the view taken by division court was upheld and the appeal was dismissed. in the appellate judgment in the aforesaid case r. v. northumberland compensation appeal tribunal. ex parte shaw (1052) 1 all er 122) (i), it was held that certiorari to quash the decision of a statutory tribunal lay not only where the ..... judgment was erroneous on the face of the record. however, laterly the scope of the writ of certiorari was somewhat restricted but again in the case of rule v. northumberland compensation appeal tribunal; ex parte shaw (1951) 1 all er 268 (h), the scope was amplified & it was held that it goes when on the face of the order ..... on page 141 of their judgment. the language of section 36(4) is not the same as that of section 23 of the c. p. & berar municipalities act. the ruling in pratap singh's case (f) therefore does not exactly apply to the facts of this case. but the general observations of their lordships too are entitled to great weight. 22. .....
Tag this Judgment!Court : Rajasthan
Reported in : (1993)IILLJ961Raj
..... we find, however, that there is no conflict. the learned single judge of the rajasthan high court in poonam talkies, dausa v. presiding officer, (labour court, jaipur (s.b. civil writ petition no. 1206/85) decided on 9th june 1986 so. that decision has been upheld by the division bench of the rajasthan high court in the instant ..... can award monetary compensation or both. by virtue of sub-section (5) of section 28a, the order of theauthority has been treated as final. rule-24-b, deals with the procedure which is required to be followed in deciding the complaint filed by an employee under section 28a (2) of the act.19. from the perusal of the provisions contained ..... that the employer must give a notice of dismissal or discharge to the employee. this provision puts a fetter on the right of the employer to dismiss or discharge an employee who has been in continuous employment for a period of six months, without giving one month's notice or wages in lieu thereof and without a reasonable cause. by .....
Tag this Judgment!Court : Rajasthan
Reported in : (1993)IILLJ1098Raj; 1992(3)WLC96; 1992(1)WLN541
..... way of reinstatement or by awarding money compensation or by both.(5) the decision ,of the prescribed authority under this section shall be final and binding both on the employer and the employee.'14. section 37 of the shops act saves rights and privileges which an employee in any establishment is entitled to under any other law ..... grievances against dismissal or discharge. viewed from this point of view, the term 'employee' used in the shop act should be read as being limited to the scope of the term 'workman' as defined under section 2(s) of the central act.5. in order to appreciate the contention raised by the learned counsel for the ..... between workmen and workmen, which is connected with the employment or non-employment or the terms of employment or with the conditions of labour, of any person'.section 2(s) defines 'workman' as under:-'workman' means any person (including an apprentice) employed in any industry to do any manual, unskilled, skilled, technical, operational, clerical .....
Tag this Judgment!Court : Rajasthan
Reported in : (1966)ILLJ381Raj
..... observed by their lordships: 'it is clear that the employee's claim against his employer which can form the subject-matter of an enquiry under section 17 must relate to compensation awardable under section 4 of the act, gratuity awardable under section 5 of the act, or wages claimable under the decision of the wage board ..... , if the employee wishes to make any other claim against his employer, that would not ..... act. they, therefore, claimed retrenchment compensation and one month's notice pay. the applications were opposed before the labour court by the board on the ground that the labour court had no jurisdiction to deal with the matter as the services of the respondents were terminated as a matter of general policy for the reason that they were old and infirm employees .....
Tag this Judgment!Court : Rajasthan
Reported in : (1995)ILLJ978Raj
..... from the aforesaid two decisions relied on by the petitioner, it is clear that where the employee's case is that claimant's services have been terminated but the employees denied, the question about subsistence of such termination, the authority under payment of wages act had no authority to decide. as has been noticed above, the specific case of the ..... employer were in no way less favourable than those they had when the company was the employer, and that the new employer was responsible for payment of compensation if any retrenchment took place in future.'33 in that view of the matter it was held that the payment of wages authority had no jurisdiction to ..... -762)(sc), the question that called attention of their lordships of the supreme court was stated as under: p. 766 'it must, however, be remembered that though compensation falls within the definition of wages, cases may arise where it would not be a simple question of recovery of wages. ..... the question, therefore, is whether in view .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1962Raj1
..... of the public prosecutor or someone on his behalf. though no specific provision of law has been referred to by the sub-divisional magistrate under which he purported to act, yet from the nature of the order that was written by the said officer, it seems that he presumably desired to take action under section 247 of the ..... of a cognizable offence and it includes a police report in a non-cognizable case under section 155 of the criminal procedure code. it was further observed in the judgment of devisingh's case, ilr (1959) 9 raj 979: (air 1960 raj 150) that provisions of section 247 of the criminal procedure code would not be attracted to such cases. in that ..... submitted by the station house officer in exercise of his functions as a police officer. such a report would fall within the scope of section 24 of the police act.it cannot, therefore, be conceived that the police report in question was by the station house officer in his private or individual capacity. the report was obviously by .....
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