Court : Rajasthan
Reported in : 1971WLN643
..... of the petitioner society raised as industrial dispute about the termination of shri shastri's service. the government of rajasthan referred the following question for adjudication under section 10 the industrial disputes act to the labour court:whether the termination of shri narain kumar shastri's services by the udyog mendir, amer was legal and proper, and to what relief ..... all india punjab national bank employees' federation and anr. : (1959)iillj666sc has, no doubt, said while dealing with the scope of section 33 of the industrial disputes act that 'where the ban imposed by section 33 of the act has been defied and/or where a proper enquiry has not been held at all the action of the employer in dismissing his ..... v.p. tyagi, j.1. messrs udyog mandir. amer, which is a registered society under the societies registration act, has filed this writ petition under article 226 of the constitution to challenge the award of thlabour court, rajasthan, jaipur dated 28th of january, 1970, inter alia, .....
Tag this Judgment!Court : Rajasthan
Reported in : 1971WLN616
..... government, but 'hat does not necessarily bestow the government with a power to withdraw or amend the sanction once accorded by it. when the appropriate government acts under section 197, cr.p.c., and accords sanction, then the effect of that order is to receive the right of an injured person to prosecution public servant, ..... durga prasad v. state of uttar pradesh : air1952all959 and ranchhod zina v. patnakar and anr. a.i.r. 1966 guj. 243.11. section 21 of the general clauses act embodies in itself a rule of construction which should be appealed if the construction cannot be arrived at or determined with reference to the context or ..... order granting sanction. learned deputy government advocate and mr. shrikishanmal lodha, appearing on behalf of respondent no. 4. however, relied on the provisions of section 21 of the general clauses act, 1897, which confer powers on the appropriate government to add, to amend, vary or rescind the orders issued by the appropriate government and according .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1972Raj74
..... of the election petitioner that he be declared duly elected be disallowed. 5. against this judgment both shri vasudeo and shri ramkishan have filed appeals under section 46 of the municipal act. 6. a two-fold contention has been raised on behalf of shri vasudeo. it was submitted in the first place that shri ramkishan, the election petitioner ..... shri vasudeo on the ground that shri vasudeo, on consideration of the whole matter, cannot be said to have secured the majority of votes as contemplated by section 34 of the municipal act. in the result, the learned senior civil judge declared that the election of shri vasudeo from ward no. 31 was void and . that the further prayer ..... in the rationale of the observations. that being so, it was necessary for the returned candidate to have filed a recrimination as provided by proviso to section 41 (6) of the municipal act, before he could have claimed the benefit of the votes in his favour that were found to be valid as a result of the recount. the .....
Tag this Judgment!Court : Rajasthan
Reported in : 1971WLN510
..... on the ground that shri vasudeo, on consideration of the whole matter, cannot be said to have sacred the majority of notes as contemplated by section 34 of the municipal act. in the result, the learned senior civil judge declared that the election of shri vasudeo from ward no. declare duly elected be disallowed.6. ..... furnished in a petition based on the wrongly acceptance and wrongful rejection of ballot papers the learned judge referred to the provisions of section 83 of the representation of the people act and pointed out by contrasting the provisions for giving particulars regarding the plea of corrupt practice with the other cases that these provisions ..... election tribunal erred in declining to grant an order for inspection of the ballot papers. their lordships referred to the provisions of sections 80 and 83 of the representation of the peoples act and pointed out:an election petition must contain a concise statement of the material facts on which the petitioner relies in support of .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1972Raj145
..... authority, that is, by the legislature.12. rajasthan minor mineral concession rules of 1959 have been framed by the government of rajasthan under section 15 of the 1957 act. section 15 reads as follows:--'section 15. power of state governments to make rules in respect of minor minerals.-- (1) the state government may, by notification in the ..... brick-earth is a mineral under the minor mineral concession rules or not.6. the expression 'minor minerals has been defined by the parliament in section 3(e) of the act which lays down that 'minor minerals' mean building stones, gravel, ordinary clay, ordinary sand other than sand used for prescribed purposes, and any ..... under the definition given both by the mineral concession rules, 1949 and the raiasthan minor mineral concession rules, 1959. it is also contended that section 15 of the act empowers the state governments to regulate the grant of prospecting licences and mining leases in respect of minor minerals and for purposes connected therewith by .....
Tag this Judgment!Court : Rajasthan
Reported in : [1973]89ITR96(Raj)
..... contention was overruled by the deputy controller who held that as the deceased was the sole surviving coparcener the entire properties held by him passed on his death under section 5 of the act, he being competent to dispose of the entire properties at the time of his death. he accordingly levied estate duty on the whole of the estate. the ..... to reason, therefore, that at the time of his death the deceased person could not have disposed of the joint family properties on account of this legal fiction. section 39 of the estate duty act runs as follows : '39. valuation of interest in coparcenary property ceasing on death.- (1) the value of the benefit accruing or arising from the cesser of ..... could have claimed it. the share of the deceased person at such a partition would have been one-third. in view of the fiction enacted in section 39 of the estate duty act the share of the deceased person in the family properties at the time of his death was one-third and this alone will be deemed to have .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1972Raj191
..... does not find any mention in the judgments of the courts below.'in the present case, an application was filed by the defendant for raising the presumption under section 90, evidence act. the cited cases do not bear out a broad argument like the one advanced before me that regardless of the document no presumption can be drawn once the ..... counsel for the appellants takes the position that once a party seeks to prove a document then he cannot fall back on the presumption that may arise under section 90 of the evidence act regarding documents which are more than 30 years old. he has cited kanhaiya lal v. jamnalal, 1950 raj lw 199 = (air 1950 raj 47) and ramchandra ..... singh on ex. a/1, but she failed in this ana consequently, according to learned counsel, the trial court was in error in drawing a presumption under section 90 of the evidence act regarding this document which of course, was admittedly more than 30 years old.in the second place, it was urged that the identity of the property in .....
Tag this Judgment!Court : Rajasthan
Reported in : 1971WLN593
..... of rajasthanjudicial departmentnotificationno. f. 19 (27) jud/68/ivdated the 31st may, 1968.in exercise of the powers conferred by sub-section (2) of section 193 of the code of criminal procedure, 1898 (central act v of 1998), the state government hereby directs that with effect from the 15th june, 1968, the additional sessions judges mentioned in ..... commitment directly from the magistrate who has held the preliminary enquiry or must it necessarily pass through sessions judge of the division? the intention underlying sub-section (2) of section 193 cr.p.c. appears to be that the additional sessions judge will try such case only as the state government by general or special ..... may direct.(5) all courts of sessions existing when this code comes into force shall be deemed to have been established under this act.it will be noticed that the state government under section 9(3) has power to appoint additional sessions judges to exercise jurisdiction of the sessions court. there can be only one court .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1972Raj209; 1971(4)WLN660
..... or group of individuals however, kept quality control on salt production by small scale manufacturers who produce salt without licence.32. section 6 of the central excises and salt act, 1944, reads as follows:'section 6. the central government may by notification in the official gazette, provide that, from such date as may be specified in ..... salt has been mentioned as a specified goods in the first schedule and. therefore, the provisions of section 6 of 1944 act will undoubtedly be attracted in respect of the manufacture of salt. but section 6 of the act can be applied only when the central government by issuing a notification fixes a date for applying the ..... prohibition contained therein. learned additional government advocate mr. shrimal informed the court that after the act was extended to the state of rajasthan no such notification was ever issued by the central government under section 6 fixing a date for putting a ban on the manufacturers of their right to produce salt. in .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1972Raj228; 1972()WLN1
..... this connection may be made to savad mubammad v. fatteh muhammad (1895) ilr 22 cal 324 (pc). it is true that in sub-section (v) of section 3 the generic word premises in the act is wide enough to include any building or part of a building (other than a farm building) let or intended to be let for ..... learned counsel for the applicant argues that the ground on which eviction of the tenant has been claimed is under section 13 (1) fi) of the raiasthan premises (control of rent and eviction) act. 1950 (hereinafter called 'the act'), which applies only to a tenant who has built, acquired vacant possession of or has been allotted a suitable residence ..... accommodation only to residential building while the acts of andhra pradesh. kerala and mysore are wider in this respect because they apply to all varieties of buildings, residential or otherwise. thus it would be clear that acquisition of alternative accommodation can be a around for eviction if only the terms of section 13 (1) (i) are satisfied. .....
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