Court : Rajasthan
Decided on : Aug-17-1994
Reported in : 1995(1)WLC498; 1994(2)WLN623
..... also obtained. the petitioners are licence-holders under the rajasthan trade articles (licensing and control) order 1980 (hereinafter called as the order of 1980) and are dealers within the definition of clause(c) of order of 1980. the statement with regard to opening stock, purchases, sales and closing stocks is being sent to the district supply officer. it is ..... issued under clause 18(ii) of the order of 1980 and the directions were issued under clause 25 of the same.4. i have considered over the matter. under section 3 of the essential commodities act, 1955 (hereinafter called as the ec act) the central government has power to control production, supply, distribution of essential commodities and for equitable distribution and availability of ..... respondents in fixing the maximum stock limit. this action is normally taken in public interest in order to check the stock of essential commodity. the very purpose of the act or various notifications/orders issued thereunder will be frustrated if the government fails to check the rise in prices which is the duty of the government. it is possible only ..... the central government control on production supply and distribution of the essential commodity is contemplated. the regulation or prohibition there fore could fall within the purview of the essential commodities act. the exercise of such power should not be violative of fundamental right guaranteed by the constitution, more particular article 19(1)(g) of the constitution of india. article 19 .....
Tag this Judgment!Court : Rajasthan
Decided on : Aug-18-1994
Reported in : AIR1995Raj17
..... the respondent firm got the trade mark (bid! no. 7) hans chhap bidi label' registered under the copyrights act (in short, 'the act') in the year 1983. section 48 of the act proclaims that the register of copyrights shall be prima facie evidence of the particulars entered therein and documents purporting to be ..... the opposite party is as important as the interest of the party asking for interim injunction. in that case, an application under section 20 of the arbitration act for filing an arbitration agreement and for making an order of reference to the arbitrator was filed before the high court and during ..... andh pra 510, wherein it has been held that where a suit for infringement of a trade mark is stayed under section 111 of the trade and merchandise marks act, 1958, it is open to the court to pass any interlocutory order to safeguard the interest of the parties before it ..... facie there exists general similarity, which may result in deception. therefore, prima facie the trade mark label of the respondent firm registered under the copyrights act and the unregistered trade mark label of bid! no. 7 battakh chhap of the appellant firm have a deceiptive resemblance, which are likely to ..... in its favour and accordingly, by his impugned order, restrained the appellant firm through a temporary injunction in the manner detailed above. hence, this appeal.4. i have heard mr. r. m. bhansali, learned counsel for the appellant and mr. bhagwati prasad, learned counsel appearing for the respondent at .....
Tag this Judgment!Court : Rajasthan
Decided on : Aug-19-1994
Reported in : AIR1995Raj16; 1995(2)WLC260
..... leave to defend. that application was dismissed in default of the appearance of the objector. few days after expiry of 30 days, an application was filed under order 37 rule 4 read with order 9 rule 13 cpc. the court applied the limitation of 30 days and held that the application was beyond limitation and dismissed it on this ground alone ..... 9 rule 13 cpc is not applicable to this case and for filing an application under order 37 rule 4 cpc, which is the provision applicable in this case, the residuary period of limitation of three years under article 137 of the limitation act will apply and not the one provided for filing an application under ordcr9 rule 13 cpc. in support ..... the matter is sent back to the court below to decide the application within the four corners of the provisions of order 37, rule 4, c.p.c. viz., regarding (he special circumstances, if any, which may justify the setting aside of the order.4. the parties through their counsel are directed to appear before the court below on 23rd sept. 1994. .....
Tag this Judgment!Court : Rajasthan
Decided on : Aug-26-1994
Reported in : (1994)122CTR(Raj)34; [1995]213ITR577(Raj); 1994(2)WLN421
..... skilled labourers who were paid in accordance with the work done by them. as a matter of fact, the aforesaid facts would go to show that the said firm is definitely an industrial undertaking. the method of manufacturing emeralds involved the process. we may also point out that for claiming to be an industrial undertaking, it is not necessary that the ..... the employer-employee relationship exists between them as claimed before us on behalf of the assessee. we may add that the meaning of an 'industry' defined in section 2(j) of the industrial disputes act as indicated in bangalore water supply and sewerage board v. a. rajappa, : (1978)illj349sc may also be borne in mind in this context. the triple tests indicated ..... . it was also pleaded that simply because the assessee was not having any plant or machinery or workshop for carrying on the work of manufacturing, the claim of exemption under section 5(1)(xxxii) cannot be disallowed. however, the plea put forth by the assessee before the appellate assistant commissioner failed and feeling dissatisfied the assessee preferred an appeal before the ..... or processing activity. without these findings of fact, it is not possible to decide the question of applicability of the statutory provision, of which the assessee has claimed the benefit'.4. we have carefully gone through the division bench judgment of thiscourt in cwt v. vimal chand daga (huf) [1988] 172 itr 264 and we findourselves in full agreement with the .....
Tag this Judgment!Court : Rajasthan
Decided on : Aug-30-1994
Reported in : 1995CriLJ1020; 1995(2)WLC499
..... have caused herdeath. the explanation appended to this section proclaims that for the purpose of section 304b(1) 'dowry' shall have the same meaning as in section 2, of the dowry prohibition act, 1961.12. the amended section 2, of the dowry prohibition act, 1961 defines 'dowry' as follows :section 2 definition of 'dowry' -- in this act 'dowry' means any property or valuable security ..... elbow;2. multiple abrasions 1/2cmx 1/2cm on lateral side of left elbow;3. multiple abrasions 1/2cmx 1/2cm on lateral side of left upper arm;4. multiple abrasions 3/4cmx 1/2cm on lateral side of left ankle joint;5. abrasion2cmx 1 1/2cm on lateral side of left buttock;6. abrasion 1/ ..... after inspecting the site, prepared site plan and memo thereof ex p 7 as also the memo of dead body ex. p.2 and panchayat nama ex. p. 3.4. on the same day at 2.45 p.m., pw 2 dr. balwant singh m.o., p. h. c. ravlamandi conducted the post mortem examination of the ..... jai ram made a demand for motor cycle/scooter, which was not fulfilled.3. it is the case of the prosecution that on 17-9-1991 at about 4 p.m., hari ram sansi r/o chak 3 s. j. m. came to pw 1 sultana ram and informed that smt. badu had an adverse effect ..... has proved the post mortem examination report ex. p.6 and stated that smt. badu had minor external injuries on her body (which are detailed in para 4 of this judgment) and that the case of her death was asphyxia due to organo phosphorus poisoning. therefore, smt. badu's death occurred otherwise than under normal circumstances .....
Tag this Judgment!Court : Rajasthan
Decided on : Aug-30-1994
Reported in : (1995)ILLJ1186Raj; 1995(1)WLC13; 1994(2)WLN425
..... matter came up before a division bench of this court in principal, mayo college v. labour court & bkanwar singh (supra), wherein this court took a definite view that clause (bb) added to section 2(oo) by the act 49 of 1984 was not retrospective and was prospective. in this case, relevant law dealing with principle of interpretation qua 'retrospectivity' of a statute was ..... of termination of the workman was passed bona fide because the workman did not satisfactorily work during the period of probation. this is true that benefits admissible under section 25f of the industrial disputes act were not paid but on that ground, reinstatement should not have been ordered. the tribunal as also the learned single judge failed to appreciate this aspect that ..... earnest consideration to them. admittedly, impugned termination order was passed much before the amendment took place in law by virtue of insertion of clauses (oo) & (bb) in section 2 of the industrial disputes act. this provision reads as follows:'2(oo) 'retrenchment' means the termination by the employer of the service of a workman for any reason whatsoever, otherwise than as a ..... was, inter-alia, ordered that he shall remain in service on a further extended period of probation with effect from the date he joined service namely, from may 5, 1980.4. it appears that the services of respondent no. 2 were terminated again on the grounds that (i) he failed to pass the licenciate examination, which was a condition precedent for .....
Tag this Judgment!Court : Rajasthan
Decided on : Aug-30-1994
Reported in : AIR1995Raj50
..... not contemplate joinder of a person or authority as parts to an election petition. only those can be joined as respondents who are mentioned in section 82 and section 86(4) of the act. as per section 82 of the act, it is a dispute confined to the candidates at electionand all other persons are excluded and they cannot be joined as parties in the election ..... did not contain the attestation part, can be said to be the true and correct copy of the election petition, as envisaged under subsection (3) of the section 81 of the act? sub-section (3) of section 81 provides that every election petition shall be accompanied by as many copies thereof as there are respondents mentioned in the petition and every such copy shall ..... contain only the election petition proper or it, also, includes a supporting affidavit referred to in the proviso to sub-section (1) of section 83 of the act? section 83 of the act deals with the contents of the election petition. sub-section (i) of section 83 sets-out what an election petition shall contain and further provides that it shall be signed by the petitioner and ..... , which, in turn, is an integral part of the election petition? according to sub-section (3) of section 3 of the general clauses act, 'affidavit' shall include affirmation and declaration in the case of persons by law allowed to affirm or declare instead of swearing. it is an inclusive definition and does not define the 'affidavit' by setting out its connotation. in general, 'affidavit .....
Tag this Judgment!Court : Rajasthan
Decided on : Sep-08-1994
Reported in : AIR1995Raj145; 1994(2)WLN431
..... sued in relation to the affairs of the state. the question whether the vehicle should be registered or not or should be registered at which place is in our opinion definitely a matter relating to the affairs/ functions of the state. the regional transport officer (appellate authority) and the district transport officer (registering authority) are only the functionaries of the ..... 6. the other limb of argument of the learned counsel for the appellants is that the order of the learned single judge is contrary to the mandatory requirement of section 48 of the act as the respondent failed to produce no objection certificate from the district transport officer, palampur (gujarat). on the aforesaid question, the learned single judge has held as ..... counsel appearing for the respondent-petitioner. from a perusal of the order of the learned singlejudge, it appears that in the instant case, mainly the interpretation of sections 47 and 48 of the act is involved. before we proceed to consider the merits of the case and the view taken by the learned single judge, we think it proper to refer ..... under:'he had complied with all the procedural formalities. notwithstanding the same, under sub-section (4) of section 48, which clearly stipulates that where within a period of thirty days referred to in sub-section (3 .....
Tag this Judgment!Court : Rajasthan
Decided on : Sep-15-1994
Reported in : AIR1995Raj11; 1995(1)WLC9
..... , fix and alter the place or places at which any civil court under this ordinance is to be held. similarly, section 4 of the bengal, agra and assam civil courts act 1887, section 22a, bombay civil courts act. 1869 and section 21.andhra pradesh civil courts act, 1972 cm-power the respective state government to fix and alter the place or places at which any civil court ..... to engage two lawyers, one at sri ganganagar and another at raisinghnagar. it cannot, therefore, be said that the state government has misused its power under section 20a of the act by issuing impugned notification annexure 4. after the disposal of the said 2000 pending cases, the revenue appellate authority may be required to sit for more days at raisinghnagar than at sri ..... government is misusing its power from time to time just to suit its convenience and to achieve something by pressing into service the provisions of section 20a of the act. he further contended that similar notification dated april 4, 1980 by which the jurisdiction of the revenue appellate authorities, jodh-pur and ajmer was sought to be changed was challenged in writ petition ..... petition' became infructuous and it is thus clear that the state government does not want verdict of the high court about the validity of section 20a of the act. he further contended that due to the impugned notification annexure 4, the members of the petitioner's association have been put to great inconvenience they shall be required to go to raisinghnagar for conducting .....
Tag this Judgment!Court : Rajasthan
Decided on : Sep-16-1994
Reported in : (1998)IIILLJ1072Raj; 1995(1)WLC450
..... be necessary or expedient, which may vary from the facts and circumstances of each particular case as contemplated by sub-section (2) of section 16 of the act. section 17 of the act is a beneficial provision which deals with the powers of the appropriate government to provide exemption from the applicability of ..... it has been further stated in the petition that respondent no. 2 passed the impugned order dated june 4, 1984. (annexure 6) on the basis of the enquiry conducted under section 7a of the act, whereby, the respondent no. 2, on the basis of the report obtained from inspector and other relevant ..... due date till the date of deposit pursuant to the order dated june 4, 1984 of respondent no. 2.31. with regard to the second prayer of the petitioner regarding deletion of the provisions of section 7a of the act, 1952, i am of the view that there is nothing wrong with ..... in the matter of section 7a of the employees' provident funds & miscellaneous provisions act, 1952 (for short 'the act') against the order of regional provident fund commissioner, jaipur dated june 4,1984 (impugned) in the present petition. the petitioner has also challenged the vires of section 7a of the act and has prayed for ..... issuance of an appropriate writ, order or direction for deletion of the said provision from the statute and has further prayed for quashing of the impugned order dated june 4, 1984 passed by the regional provident .....
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