Array ( [0] => ..... assessor performs the quasi-judicial function and his assessment is a quasi judicial order. moreso, the order of assessment is appealable before the district collector under section 139 of the act, 1959. 61. the quasi-judicial order must contain the following conditions: (a) the person must have legal authority; (b) the authority should ..... as it may, the instant case present special features, probing the issue further as to whether the respondent- workman could be a 'workman' as defined under section 2(s) of the act, 1947, which reads as under: - 'workman' means any person (including an apprentice) employed in any industry to do any manual, unskilled, skilled, technical ..... , respondent - workman had no right to continue on the post, as his appointment had never been approved by the state government as required under section 114 of the act, 1959. moreso, the chairman of the board, who had appointed the workman illegally, had been removed after holding the inquiry on various charges including ..... [1] => ..... it has been submitted by the learned counsel for the respondents that the petitioners should have first availed alternative remedy as provided under sections 75 and 128 of the rajasthan cooperative societies act, 1965. it may be stated here that this writ petition was filed before this court on 22.1.94 and since then ..... is also not maintainable on the ground that the petitioner is having equally efficacious and alternative remedy in the matter under the provisions of section 75 and 128 of the rajasthan cooperative societies act, 1965. therefore, the present writ petition is not maintainable on the ground of alternative remedy.4. on merits, it has been ..... controlled by the state government and service conditions of its employees particularly in regard to disciplinary proceedings were statutory in nature. further more under the bank act, registrar of the cooperative societies for the state of uttar pradesh shall be the trustee for the purpose of security the fulfilling of the obligations of ..... [2] => ..... and the erroneous belief prevalent during the relevant period, i am of the view that the appellants are entitled to the benefit of section 5 of the limitation act. i, accordingly, actingunder section 5 of the limitation act, condone the delay in filing these appeals.' thus in the punjab case the applicant was misled by the judgment of the high court ..... that an erroneous belief that no decree-sheet was required to be submitted along with the memo of appeal is a sufficient cause within the meaning of section 5 of the limitation act. in the punjab case the facts were distinguishable. the erroneous belief had occurred on account of a decision of g. d. kho-sla, j. ..... copy and obtained the same. the learned single judge held that a copy of the decree-sheet was required to be filed and the reasons given under section 5 of the limitation act were not sufficient for extending the limitation. he dismissed the appeal as time-barred. he, however granted leave to file special appeal.4. we have ..... [3] => ..... severibility of illegal part of agreement and saving the enforceability of valid part of the agreement. referring to sees. 19a and 16 of the contract act the court said: 'under section 19a, when consent to an agreement is caused by undue influence, the agreement is a contract voidable at the option of the party whose consent ..... lakshman prasad & sons vs. achutan nair (2). learned counsel for the appellants also relied on principle underlying section 65 of the contract act: when an agreement is discovered to be void, or when it becomes void, the parties are bound to restore any advantage received under it or to compensate, ..... cannot claim refund of such excess price even if it is held to be recovered by the defendant no.1 from the plaintiff inasmuch as provision of section 72 of the contract act cannot be invoked in the present case. (13). he places reliance on decisions of jagadish prasad pannalal vs. produce exchange corporation ltd. (i) and ..... [4] => ..... are required to be made. there is no provision that service conditions can be settled by a contractual procedure without having any regulations. therefore, reading section 14, section 34 and section 45 of the act together, i am of the opinion that the making of the regulation is an exercise of statutory powers of the government as well as of ..... tribunal?7. should the weapon of clause 13 of the standing orders be given to the management to 'hire and fire' in disregard of section 25g of the act and section 25f of the act?8. should this court insist on principle of 'last come first go', even after a particular employee loses confidence of the management and the ..... industrial tribunal?(7) should the weapon of clause 13 of the standing orders be given to the management to 'hire and fire' in disregard of section 25g of the act and section 25f of the act?(8) should this court insist on principle of 'last come first go', even after a particular employee loses confidence of the management and the ..... [5] => ..... observations, it is very difficult to hold that the amount of the freight formed part of the sale price within the meaning of section 2(p) of the rajasthan act and section 2 of the central act. as such it is difficult to maintain the order of the learned member of the tribunal.9. consequently, the revision petition is allowed ..... the amount payable in respect of its execution inclusive of the value of all goods and the labour and other charges involved in such execution.6. similarly, section 2 of the central act defines 'sale price' as under:2(h) 'sale price' means the amount payable to a dealer as consideration for the sale of any goods, less ..... charged simultaneously with the price of the goods supplied, it was separately charged and the definitions of 'sale-price' as given in section 2(h) of the central act and section 2(p) of the rajasthan act were not properly considered. he lastly contended that the learned member of the tribunal has failed to correctly apply the decisions of the ..... [6] => ..... obtaining degrees, and nothing beyond that. obviously, therefore, on the basis of this judgment, it cannot be said that on account of the fiction, contemplated by section 3 of the act, the respondent becomes an 'authority' within the meaning of article 12 of the constitution.42. thus, in my view, taken from any stand point, the ..... that it was founded as an all india institute for higher education, and then it was noticed that the central government has issued a notification under section 3 of the act. notifying it to be deemed university. then the judgment proceeds on the assumption that it is run by the public money and the grants given ..... imparting education, and thereby has not only received the authority or concession or privilege to conduct public examinations but has been statutorily recognised by section 2 (s) of the delhi education act, as a body of persons or a society recognised and authorised by the government too discharge the public function or the governmental function of ..... [7] => ..... and it is the rhb who has to deal with them in view of clause 17 of the memorandum of association of avs and section 13 of the societies registration act, 1860. section 53 of 1970 act gives power to rhb to make regulations. the petitioners after dissolution of avs are the liabilities of the rhb and rhb is duty ..... appear that there was any problem within the avs but on march 15, 1999 the secretary urban development government of rajasthan directed housing commissioner rhb under section 60 of the 1970 act to dissolve avs. the decision appeared to have been taken in view of financial and administrative condition of avs. the order of the state government ..... architectural advisor and housing commissioner of the board are the ex-officio members and six non official members have been appointed by the state of rajasthan. section 60 of the 1970 act provides thus:60. government's power to give directions to the board--the state government may give the board such directions in its opinion are necessary ..... [8] => ..... been subjected to sales tax as iron and steel scrap as both were 'iron and steel' and fell within the purview of section 14(iv) of the central act. section 14 of the central act declared certain goods enumerated therein to be 'of special importance in inter-state trade or commerce'. the list of goods given there ..... from initiating the proceedings on the well-settled principles of res judicata. apart from that the appellant has also challenged the constitutional validity of section 11b and section 23 of the rajasthan act on the basis of the supreme court judgments. similar other writ petitions have been admitted by this high court. it was argued that ..... the provisions contained in section 11b and section 23 of the rajasthan act suffered from the vice of discrimination and arbitrariness and were unconstitutional. on merits it was contended that the list of packing materials given ..... [9] => ..... his highness with full rights of disposal. thus, since property in dispute was part of inventory specified as absolute property thus is exempted from acquisition. (ii) that sec. 10 of the act of 1963 had specifically mentioned that property shall continue to belong to or be held by, such land owner or other person, and if any such dispute arises ..... that the alleged transaction of gift by the former ruler of jodhpur state in december, 1969 is null and void in view of the provisions of section 7-a (ii) of the act. the learned single judge held that the collector was justified in directing the tehsildar to take possession of the land in dispute which has vested in ..... in the agricultural land in question vested in the state government as on april 1, 1964 by virtue of section 7-a of the rajasthan land reforms and acquisition of land owners estate act, 1963 (hereinafter referred to as 'the act') and all transfers of an estate liable to acquisition, made by the land owner on or after the date ..... ) Explosives Act 1884 Section 4 Definitions - Court Rajasthan - Page 66 - Judgments | SooperKanoon Skip to content


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Feb 13 2002 (HC)

Municipal Board Vs. Harish Chandra Joshi and ors.

Court : Rajasthan

Reported in : 2002(3)WLC122; 2002(4)WLN92

..... assessor performs the quasi-judicial function and his assessment is a quasi judicial order. moreso, the order of assessment is appealable before the district collector under section 139 of the act, 1959. 61. the quasi-judicial order must contain the following conditions: (a) the person must have legal authority; (b) the authority should ..... as it may, the instant case present special features, probing the issue further as to whether the respondent- workman could be a 'workman' as defined under section 2(s) of the act, 1947, which reads as under: - 'workman' means any person (including an apprentice) employed in any industry to do any manual, unskilled, skilled, technical ..... , respondent - workman had no right to continue on the post, as his appointment had never been approved by the state government as required under section 114 of the act, 1959. moreso, the chairman of the board, who had appointed the workman illegally, had been removed after holding the inquiry on various charges including .....

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Jul 11 2003 (HC)

Ram Prakash Jalan Vs. Nagaur Urban Co-operative Bank Ltd. and anr.

Court : Rajasthan

Reported in : RLW2004(3)Raj1540; 2003(4)WLC116

..... it has been submitted by the learned counsel for the respondents that the petitioners should have first availed alternative remedy as provided under sections 75 and 128 of the rajasthan cooperative societies act, 1965. it may be stated here that this writ petition was filed before this court on 22.1.94 and since then ..... is also not maintainable on the ground that the petitioner is having equally efficacious and alternative remedy in the matter under the provisions of section 75 and 128 of the rajasthan cooperative societies act, 1965. therefore, the present writ petition is not maintainable on the ground of alternative remedy.4. on merits, it has been ..... controlled by the state government and service conditions of its employees particularly in regard to disciplinary proceedings were statutory in nature. further more under the bank act, registrar of the cooperative societies for the state of uttar pradesh shall be the trustee for the purpose of security the fulfilling of the obligations of .....

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May 06 1971 (HC)

Labhmal Vs. Lalchand

Court : Rajasthan

Reported in : AIR1972Raj123; 1971(4)WLN275

..... and the erroneous belief prevalent during the relevant period, i am of the view that the appellants are entitled to the benefit of section 5 of the limitation act. i, accordingly, actingunder section 5 of the limitation act, condone the delay in filing these appeals.' thus in the punjab case the applicant was misled by the judgment of the high court ..... that an erroneous belief that no decree-sheet was required to be submitted along with the memo of appeal is a sufficient cause within the meaning of section 5 of the limitation act. in the punjab case the facts were distinguishable. the erroneous belief had occurred on account of a decision of g. d. kho-sla, j. ..... copy and obtained the same. the learned single judge held that a copy of the decree-sheet was required to be filed and the reasons given under section 5 of the limitation act were not sufficient for extending the limitation. he dismissed the appeal as time-barred. he, however granted leave to file special appeal.4. we have .....

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Feb 09 2000 (HC)

The Ganganagar Sugar Mills Ltd., Sriganganagar and anr. Vs. M/S. Madan ...

Court : Rajasthan

Reported in : 2000(4)WLC506; 2000(3)WLN113

..... severibility of illegal part of agreement and saving the enforceability of valid part of the agreement. referring to sees. 19a and 16 of the contract act the court said: 'under section 19a, when consent to an agreement is caused by undue influence, the agreement is a contract voidable at the option of the party whose consent ..... lakshman prasad & sons vs. achutan nair (2). learned counsel for the appellants also relied on principle underlying section 65 of the contract act: when an agreement is discovered to be void, or when it becomes void, the parties are bound to restore any advantage received under it or to compensate, ..... cannot claim refund of such excess price even if it is held to be recovered by the defendant no.1 from the plaintiff inasmuch as provision of section 72 of the contract act cannot be invoked in the present case. (13). he places reliance on decisions of jagadish prasad pannalal vs. produce exchange corporation ltd. (i) and .....

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Mar 12 1984 (HC)

Bhanwarlal and ors. Vs. Rajasthan State Road Transport Corporation and ...

Court : Rajasthan

Reported in : (1985)ILLJ111Raj

..... are required to be made. there is no provision that service conditions can be settled by a contractual procedure without having any regulations. therefore, reading section 14, section 34 and section 45 of the act together, i am of the opinion that the making of the regulation is an exercise of statutory powers of the government as well as of ..... tribunal?7. should the weapon of clause 13 of the standing orders be given to the management to 'hire and fire' in disregard of section 25g of the act and section 25f of the act?8. should this court insist on principle of 'last come first go', even after a particular employee loses confidence of the management and the ..... industrial tribunal?(7) should the weapon of clause 13 of the standing orders be given to the management to 'hire and fire' in disregard of section 25g of the act and section 25f of the act?(8) should this court insist on principle of 'last come first go', even after a particular employee loses confidence of the management and the .....

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Mar 29 1991 (HC)

Mewar Khaniz Udyog Vs. Commercial Taxes Officer Anti Evasion

Court : Rajasthan

Reported in : 1991(1)WLN153

..... observations, it is very difficult to hold that the amount of the freight formed part of the sale price within the meaning of section 2(p) of the rajasthan act and section 2 of the central act. as such it is difficult to maintain the order of the learned member of the tribunal.9. consequently, the revision petition is allowed ..... the amount payable in respect of its execution inclusive of the value of all goods and the labour and other charges involved in such execution.6. similarly, section 2 of the central act defines 'sale price' as under:2(h) 'sale price' means the amount payable to a dealer as consideration for the sale of any goods, less ..... charged simultaneously with the price of the goods supplied, it was separately charged and the definitions of 'sale-price' as given in section 2(h) of the central act and section 2(p) of the rajasthan act were not properly considered. he lastly contended that the learned member of the tribunal has failed to correctly apply the decisions of the .....

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Jul 06 2004 (HC)

Praveen Kumar and anr. Vs. JaIn Vishva Bharati Institute and anr.

Court : Rajasthan

Reported in : RLW2004(4)Raj2528; 2004(4)WLC219

..... obtaining degrees, and nothing beyond that. obviously, therefore, on the basis of this judgment, it cannot be said that on account of the fiction, contemplated by section 3 of the act, the respondent becomes an 'authority' within the meaning of article 12 of the constitution.42. thus, in my view, taken from any stand point, the ..... that it was founded as an all india institute for higher education, and then it was noticed that the central government has issued a notification under section 3 of the act. notifying it to be deemed university. then the judgment proceeds on the assumption that it is run by the public money and the grants given ..... imparting education, and thereby has not only received the authority or concession or privilege to conduct public examinations but has been statutorily recognised by section 2 (s) of the delhi education act, as a body of persons or a society recognised and authorised by the government too discharge the public function or the governmental function of .....

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Apr 25 2000 (HC)

Avas Vikas Sansthan Engineering Association and ors. Vs. Avas Vikas Sa ...

Court : Rajasthan

Reported in : 2000(4)WLC647; 2007(3)WLN226

..... and it is the rhb who has to deal with them in view of clause 17 of the memorandum of association of avs and section 13 of the societies registration act, 1860. section 53 of 1970 act gives power to rhb to make regulations. the petitioners after dissolution of avs are the liabilities of the rhb and rhb is duty ..... appear that there was any problem within the avs but on march 15, 1999 the secretary urban development government of rajasthan directed housing commissioner rhb under section 60 of the 1970 act to dissolve avs. the decision appeared to have been taken in view of financial and administrative condition of avs. the order of the state government ..... architectural advisor and housing commissioner of the board are the ex-officio members and six non official members have been appointed by the state of rajasthan. section 60 of the 1970 act provides thus:60. government's power to give directions to the board--the state government may give the board such directions in its opinion are necessary .....

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Apr 06 1987 (HC)

Centuary Ecka Vs. the State of Rajasthan

Court : Rajasthan

Reported in : [1987]67STC103(Raj)

..... been subjected to sales tax as iron and steel scrap as both were 'iron and steel' and fell within the purview of section 14(iv) of the central act. section 14 of the central act declared certain goods enumerated therein to be 'of special importance in inter-state trade or commerce'. the list of goods given there ..... from initiating the proceedings on the well-settled principles of res judicata. apart from that the appellant has also challenged the constitutional validity of section 11b and section 23 of the rajasthan act on the basis of the supreme court judgments. similar other writ petitions have been admitted by this high court. it was argued that ..... the provisions contained in section 11b and section 23 of the rajasthan act suffered from the vice of discrimination and arbitrariness and were unconstitutional. on merits it was contended that the list of packing materials given .....

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May 24 2000 (HC)

Narpat Singh Vs. State of Rajasthan and ors.

Court : Rajasthan

Reported in : AIR2001Raj62; 2000(4)WLC35; 2001(3)WLN63

..... his highness with full rights of disposal. thus, since property in dispute was part of inventory specified as absolute property thus is exempted from acquisition. (ii) that sec. 10 of the act of 1963 had specifically mentioned that property shall continue to belong to or be held by, such land owner or other person, and if any such dispute arises ..... that the alleged transaction of gift by the former ruler of jodhpur state in december, 1969 is null and void in view of the provisions of section 7-a (ii) of the act. the learned single judge held that the collector was justified in directing the tehsildar to take possession of the land in dispute which has vested in ..... in the agricultural land in question vested in the state government as on april 1, 1964 by virtue of section 7-a of the rajasthan land reforms and acquisition of land owners estate act, 1963 (hereinafter referred to as 'the act') and all transfers of an estate liable to acquisition, made by the land owner on or after the date .....

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