Court : Rajasthan
Decided on : Feb-15-2001
Reported in : 2001(4)WLC417; 2001(2)WLN297
..... arlicle 14 of the constitution is not meant to perpetuate an illegality or give benefit of a wrong order, nor illegality once committed can be pleaded to legalise other illegal act. (vide harpal kaur chanal vs. director, punjab instructions & anr. (61), sneh prabha vs. state of u.p. & ors. (62), jaipur development authority vs. daulat ram ..... . the requirement of natural justice must depend on the facts and circumstances of the case, the nature of the enquiry, the rules under which the tribunal is acting, the subjecl matter lo be dealt with, and so on so forth.'(47). the instant case requires to be considered in the light of the aforesaid legal ..... haryana vs. om prakash & anr. (35), the hon'ble apex court explained the distinction between 'retrenchment and 'abandonment' from service, observing that termination contemplates an act on the part of the employer which puts an end to service to fall within the definition of the expression 'retrenchment' and in case the workman does not report for .....
Tag this Judgment!Court : Rajasthan
Decided on : May-24-2001
Reported in : 2007(4)WLN263
..... hand on the touch stone of the principles laid down in the above referred judgments of the apex court, the conclusion is inevitable that the requirements of the section 50 the ndps act were not at all complied with before making the search of the person of the accused. the main witness to the search in the present case, which led ..... narcotics control bureau, madras 1999 cr.l.j. 3663, wherein it has been held that oral evidence of the witness conducting search is sufficient to establish compliance of section 50 the ndps act.13. he has also placed reliance on the decision of the gujarat high court in the case of heru lal viraji kumawat v. state of gujarat (1999) ccr ..... consent to have his search conducted by shri bhatnagar and he put his signatures beneath the consent. ex.p.2 is a printed form regarding the information under section 50 the ndps act, in which some blank space is left for the purposes of recording the name and address of the suspect. what is relevant is, as to what transpired .....
Tag this Judgment!Court : Rajasthan
Decided on : May-16-2001
Reported in : 2003ACJ1547; 2001(3)WLC188; 2001(3)WLN175
..... , jitendra sharma and ruchi sharma died at the spot, dharmendra sharma and mithulal were injured. f.i.r. was lodged against the driver of the bus for offences punishable under sections 279, 337 and 304-a, indian penal code. four claim petition nos. 86, 78, 87 and 60 of 1994 were filed before the tribunal by different claimants.2. claim petition .....
Tag this Judgment!Court : Rajasthan
Decided on : Jan-08-2001
Reported in : [2001(91)FLR501]; 2001(1)WLC625; 2001(1)WLN696
ORDERShethna, J.1. One cannot ask for appointment on compassionate ground as a matter of right. Nobody has got a vested right to claim appointment on compassionate ground.(2). This petition is filed by Smt. Mehtab widow of deceased Ashraf Ali who died way back in 1978 while in government service. On 7.11.92, the petitioner made an application to the Additional Director (Administration), Medical and Health Services, Rajasthan, Jaipur for giving appointment to Arshad A!i S/o Shabir Ali. Smt. Hameeda, the real sister of deceased Ashraf Ali, husband of the present petitioner, is the wife of said Shabir Ali. Marriage of the petitioner's only minor daughter Khusnuma has been arranged with Arshad Ali. Thus, Arshad Ali is close relative of the deceased under the proviso to the definition of 'Family', therefore, Arshad Ali be given appointment on compassionate ground on the death of her husband. By a letter dated 14.8.95, the State Government denied appointment to Arshad Ali stating that he was...
Tag this Judgment!Court : Rajasthan
Decided on : Feb-12-2001
Reported in : 2001(2)WLC415; 2007(3)WLN485
..... he was entitled to avail its benefit on the principles of promissory estoppel, notwithstanding withdrawal of scheme for edible oil industry on 7.5.1990 under r.s.t. act. according to him this mistake was apparent on the face of record and, therefore, the commercial taxes officer has erred in not rectifying the eligibility certificate issued in ..... for extending its operation even under the r.s.t. act. that application was rejected on 22nd march, 1996.6. a writ ..... only in respect of central sales tax act and not in respect of rajasthan sales tax act.5. aggrieved with issue of eligibility certificate by c.t.o. to be only under c.s.t. act, the petitioner made an application before the commercial taxes officer under section 17 of the r.s.t. act of 1954 for rectifying the eligibility certificate .....
Tag this Judgment!Court : Rajasthan
Decided on : Jan-18-2001
Reported in : 2001(2)WLC284; 2001(1)WLN436
..... . 227 of the constitution.(3). learned counsel mr. singhvi for the petitioner raised a technical contention regarding giving findings on each point by the tribunal. he submitted that under the act, the tribunal was required to record finding on each and every point but the same has not been done in this matter, therefore, the impugned order is bad. he also .....
Tag this Judgment!Court : Rajasthan
Decided on : Feb-23-2001
Reported in : 2001WLC(Raj)UC384; 2001(1)WLN550
..... quashed; and(vi) the additional collector was competent to entertain the revision as the definition of 'district collector' included additional collector and the revisional power of the state government under section 97 had been delegated to the district collector.4. in a limited jurisdiction of judicial review, the findings of facts recorded by the learned revisional authority do not require any ..... by the private party; (iii) order is against public interest; (iv) the order is without jurisdiction; (v) order is in clear violation of the statutory rules or provision of the act; and (vi) order is void/void ab initio being against public policy or otherwise.7. the court further observed as under:the common law doctrine of public policy can be .....
Tag this Judgment!Court : Rajasthan
Decided on : Mar-05-2001
Reported in : 2001(2)WLC597; 2001(2)WLN250
ORDERLakshmanan, C.J. (1). Heard Mr. M.R. Singhvi, learned counsel for the petitioner and Mr. Sangeet Lodha, learned counsel for respondent No. 1 and 2 and Mr. Govind Mathur for responden! No. 4.(2). This writ petition has been filed to quash the impugned order dated 23rd March 1995 appointing respondent No.3 and 4 as Carpenters in the Rajasthan High Court at Jaipur and Jodhpur. The petitioner is one of the applicant for the said post.The eligibility for the post was that an incumbent must either possess III Certificate in Carpenter Trade alongwith two years' experience of a reputed establishment/shop or an incumbent must have passed examination of Secondary or its equivalent examination with five years experience of a Government Office or establishment. According to the petitioner, he was fully eligible for the post in question, since he was a graduate and was possessing experience of a Carpenter of a reputed establishment. The petitioner applied for the same and he was called for int...
Tag this Judgment!Court : Rajasthan
Decided on : Apr-04-2001
Reported in : 2007(3)WLN401
..... such instance is where a charge is created on any property for due discharge of such debt, then the debt follows the property. another instance is section 9 of the act of 1954 in question, which envisages a 'transfer of business' in its entirety, in which case transferee is made liable for outstanding tax remaining unpaid ..... , movable or immovable, but does not extend to business as a going concern which includes assets with liabilities. thus transfer of properties under section 29 of the state financial corporation act itself does not envisage transfer of business as a going concern. at best it envisages taking over the management of the business of industrial ..... will carry along with such transfers to the transferee and what shall be not so carried; in this connection, reference may be made to section 29 of the state financial corporation act, 1951, which reads as under:29. rights financial corporation in case of default--(1) where any industrial concern, which is under a liability .....
Tag this Judgment!Court : Rajasthan
Decided on : Oct-30-2001
Reported in : 2002(3)WLN268
..... any additional user may be supplied water through the existing water course. this requirement is statutarily recognised in procedure required to be followed under section 20 of the act. even otherwise where individual rights are likely to be affected adversely, adherence to a fair procedure in accordance with principles of natural justice is ..... natural or artificial, not being a minor irrigation work as defined in section 2 of the rajasthan minor irrigation works acts, 1953, and includes(a) any canal, channel, pipe or reservoir constructed, maintained or controlled by the state government for the supply or ..... be convenient also to refer the definitions of 'irrigation work', 'water course' and 'outlet'. the section 3 (l)(ii)(iv) and(v) of rajasthan irrigation and drainage act, 1954, which reads as under:3. interpretation:- (1) in this act, unless the context otherwise requires:(ii) 'irrigation works' means a work or system of works, .....
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