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M/S. K.B. Co-op. Art Vs. State and ors

Court : Rajasthan Jodhpur

..... the facts of the case are that second respondent rajasthan tourism development corporation limited (for short, corporation ), a government of rajasthan undertaking, is involved as a catalyst to develop and execute projects and schemes to accelerate tourism in the state ..... with the petitioner, the respondent has averred in the reply that there was no question of infraction of the provisions of section 7 read with section 25 of the act of 2012 and by laying emphasis on section 7(2)(f), it is submitted in the reply that it envisage that incumbent has to fulfill all other qualifications as may be prescribed ..... with a view to substantiate its afflictions in this behalf, the petitioner while referring to section 7 of the act of 2012, has laid emphasis on section 25 of the act of 2012 and alleged that authorities have not recorded reasons in writing for exclusion of its bid and the decision has also not been ..... the law relating to award of a contract by the state, its corporations and bodies acting as instrumentalities and agencies of the government has been settled by the decision of this court in ..... . it is trite that in terms of general principles of procurement under section 7 of the act of 2012 procuring entity can lay down qualifications of bidders in the procurement process with the requirement to fulfil any other qualifications as may be prescribed ..... runs contrary to the requirements of tender and section 7 of the act of 2012 ..... . section 7 of the act of 2012 ..... section 7(2)(f) of the act, .....

Mohd. HussaIn Vs. State of Rajasthan and ors.

Court : Rajasthan

Reported in : 1992(1)WLN201

..... delhi state mineral development corporation : (1990)illj320sc , where-in their lordships of the supreme court observed as under:practical experience would always aid the person to effectively discharge the duties and is a sure guide to assess the suitability. ..... delhi state mineral development corporation : (1990)illj320sc . ..... that while salary in lieu of one month's notice has been given to the petitioner for bringing about the immediate termination of his services but no retrenchment compensation was given as was required to be paid to him under section 25f(b) of the industrial disputes act, 1 947 and, therefore, the order annex.3 is void for having not complied-with the condition, precedent for bringing about valid retrenchment.2. ..... it is also apparent from the order itself that petitioner has not, been paid compensation as required by section 25f(b) of the industrial disputes act before termination has been brought about. ..... thus, the termination of the services of the petitioner squarely comes within the meaning of retrenchment as defined in section 2(oo) of the i.d. ..... undoubtedly, for the present purposes, the municipality comes within the purview of industry' within the meaning of section 2 of the i.d. ..... act, 1947. ..... act, and the petitioner is a workman thereof. .....

Rameshwarlal and ors. Vs. Rajasthan State Road Transport Corporation a ...

Court : Rajasthan

Reported in : 1972WLN553

..... chandra kant tyagi air 1970 sc 244 where their lordships of the supreme court have taken the view that the regulations made under section 54 of the agriculture produce (development and warehousing) corporations act, 1956, do not impose any statutory obligation even though they lay down the terms and conditions of the relationship between the corporation and its employees.23. ..... moreover, as the funds out of which they were paid belonged to the corporations as provided in section 27 of the road transport corporation act, 1950 and section 24 of the life insurance corporation act, 1956, the petitioners were not paid out of any public fund. ..... then lordships examined the provisions of section 11(2) of the life insurance corporation act 1956, and held that the provisions of the order which was made by the central government under the section was a 'self contained code' in regard to the material terms and conditions of service of the employee of the corporation, and would prevail over the corporation's own regulations. ..... the petitioner there was an employee of the up warehousing corporation, which was constituted under the agricultural produce (development and warehousing) corporations act, 1966. ..... all that the learned counsel for petitioner rameshwarlal has been able to argue in this connection is that even though the corporation passed a resolution, in the exercise of its powers under section 45(c) of the road transport corporation act. .....

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

Court : Rajasthan

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

..... in this case the question was not as to whether banasthali vidyapeeth falls within the definition of 'state' under article 12 of the constitution, rather the controversy was, as to whether it falls within the expression 'non governmental education institution' as defined in section 2(p) of the rajasthan non government educational institutions act, 1989, and it was held, that since it was notified to be a deemed university by notification ..... 14.11.1941 a resolution was passed by the legislative assembly and accepted by the government of india to recommend to the governor general in council, that a fund called the industrial research fund be constituted, for the purpose of fostering industrial development in this country and the provision be made in the budget for an annual grant of rupees ten lakhs to the fund for a period of five year. ..... on facts, it was found in para 27, that the company is managed by the directors nominated by the government or financial institutions, in the year 1977-78, out of seven directors five were the nominees of the government or financial corporation, in 1981-82 there was one director of the kamani group and rest were the nominees of the government or the financial institutions, and so on. ..... the financial needs of the institute, as per the provisions of section 12(a) and (cc) of the act of 1956. ..... alleged, that in the year 1991, by issuance of notification under section 3 of the university grants commission act, 1956, hereafter to be referred to as 'the act. .....

Cit Vs. Lake Palace Hotels and Motels (P) Ltd.

Court : Rajasthan

Reported in : (2001)167CTR(Raj)169

..... , and the tribunal, after hearing both parties came to conclusion that assessee was an industrial undertaking and thus, was entitled to investment allowance on the hotel building as apparatus of business under section 32a of the act as it was running hotel business and thus, the order, dated 13-3-1989 passed by the deputy commissioner (assessment), special range, udaipur and judgment, dated 13-2-1990, passed by the commissioner ..... twenty-five per cent, of the actual cost of the ship, aircraft, machinery or plant to the assessee :provided further that in respect of a ship or an aircraft or machinery or plant specified in sub-section (8b), this sub-section shall have effect as if for the words 'twenty-five per cent', the words 'twenty per cent,' had been substituted :provided further that no deduction shall be allowed under this ..... but the claim for investment allowance and development rebate are mutually exclusive, that is to say that where the assessee is entitled to claim deduction as a development rebate on certain investments made under section 33 of the act, he is not entitled to claim investment allowance under section 32a of the act. ..... the supreme court in karnataka power corporations case (supra) while applying the test that where a building is so planned or constructed as to serve an assessees special technical requirement, it will qualify to be treated as a plant for ..... he also relied on the definition of plant given in section 43(3) of the act and the interpretation of that .....

Commissioner of Income Tax, Jodhpur Vs. M/S. Lake Palace Hotels and Mo ...

Court : Rajasthan

Reported in : [2001]251ITR644(Raj); 2001(2)WLN482

..... has been specifically envisaged as one of the business in which investment in' installing plant or machinery to become eligible to claim deduction on account of investment allowance subject to fulfilment of other conditions: the supreme court in karnataka power corporation's case (supra) while applying the test that where a building is so planned or constructed as to serve an assessee's special technical requirement, it will qualify to be treated as a plant for the purposes of investment allowance ..... allowance equal to twenty-five percent, of the actual cost of the ship, aircraft, machinery or plant to the assessee: provided further that in respect of a ship or an aircraft or machinery or plant specified in sub-section (8b), this sub-section shall have effect as if for the words 'twenty-five percent', the words 'twenty percent,' had been substituted: provided further that no deduction shall be allowed under this ..... is owned by the assessee and is wholly used for the purposes of the business carried on by him, there shall, in accordance with and subject to the provisions of this section, be allowed a deduction, in respect of the previous year in which the ship or aircraft was acquired or themachinery or plant was installed or, if the ship, aircraft, machinery or plant is first put to ..... act clearly postulates that no deduction shall be allowed under this section in respect of any ship, machinery or plant in respect of which the deduction by way of development rebate ..... the definition of .....

Devi Prasad Vs. the Sub-divisional Officer (Land Conversion) and ors.

Court : Rajasthan

Reported in : [2004(101)FLR121]; RLW2004(3)Raj1583; 2004(1)WLC446

..... a constitution bench of the hon'ble supreme court, in punjab land development corporation's case (supra), held that compensation in lieu of reinstatement and back wages is, now, the norms and reinstatement is not the inevitable consequence of quashing an order of termination and compensation can be awarded in lieu of reinstatement and back ..... it is not the case of the respondents that the provisions of section 25f of the act were complied with while terminating the services of the appellant. ..... since he was a workman, he was entitled to the protection of section 25f of the act and the said protection could not be denied to him on the ground that he was a daily-rated worker. ..... (supra), the hon'ble apex court, while considering the case where termination of services of the workman was made without complying with the provisions of section 25f of the industrial disputes act, the supreme court instead ordered payment of rs. ..... though the normal rule is to direct reinstatement of a workman whose services have been terminated in violation of section 25f of the industrial disputes act, reinstatement is not a must in every case. ..... 31-12-1993 without complying with the mandatory provisions of section 25f of the industrial disputes act, 1947 (for short, 'the i.d. ..... illegal; the learned labour court has not assigned any reason for denying reinstatement and back wages though it is well settled that whenever the court finds that retrenchment was in violation of the provisions of section 25f of the i.d. .....

Central Arid Zone Research Institute Vs. Arid Zone Employees Union and ...

Court : Rajasthan

Reported in : (1998)ILLJ723Raj; 1997(3)WLC440; 1997(1)WLN613

..... corporations established under section 3 of the air corporations act, 1953 (27 of 1953), or the life insurance corporation act, 1956 (31 of 1956), or the oil and natural gas commission act, 1959 (43 of 1959), or the deposit insurance and credit guarantee corporation established under section 3 of the deposit insurance and credit guarantee corporation act, 1961 (47 of 1961), or the central warehousing corporation established under section 3 of the warehousing corporations act, 1962 (58 of 1962), or the unit trust of india established under section 3 of the unit trust of india act, 1963 (52 of 1963), or the food corporation ..... has observed as under :- 'though sugar is a controlled industry under the schedule to the industries (development and regulation) act (65 of 1951) the appropriate government for the purposes of section2(a)(i), industrial disputes act with reference to that industry would not be the central government unless there is a notification by the ..... definition above that all those industries carried on by or under the authority of the central government or in, relation to an industrial dispute concerning the industrial finance corporation of india, the employees' state insurance corporation, the indian airlines, the air india corporation, the life insurance corporation ..... it would be seen from the above definition that unless the institute came within the purview of the words 'any industry carried on by or under the authority of the central government or being a controlled .....

J.K. Udaipur Udhyog Ltd. Vs. State of Rajasthan and ors.

Court : Rajasthan

Reported in : [2003]131STC176(Raj); 2003(1)WLN281

..... the state of rajasthan in exercise of powers conferred on it under section 15 of the rajasthan sales tax act, 1994 and section 8(5) of the central sales tax act, 1956 notified a consolidated scheme extending exemption from payment of tax for certain industrial units known as the rajasthan sales tax/central sales tax exemption scheme for industries, 1998 (hereinafter referred to ..... notified by the competent authority and municipal/uit limits of all cities/towns excluding,-- (i) the lands duly converted by the competent authority for industrial purposes, or(ii) the lands in the industrial areas developed by the state government or its corporations ; or(iii) the lands developed by co-operative sector or private sector in the industrial areas declared by the competent authority ..... the expression 'vested right' has been explained in black's law dictionary as under :vested rights : in constitutional law, rights which have so completely and definitely accrued to or settled in a person that they are not subject to be defeated or cancelled by the act of any other private person, and which it is right and equitable that the government should recognise and protect, as being lawful in themselves, and settled according to the then current rules ..... therefore, neither the petitioner was found to have a definite right of claiming exemption for specified period of five years under the second notification nor he had a right to claim exemption for a continued period ad infinitum under the first notification .....

Motiyan and Etc. Etc. Vs. State of Rajasthan and ors.

Court : Rajasthan

Reported in : AIR1981Raj284

..... rajasthan state industrial & mineral development corporation on the other part, which is a company within the meaning of section 617 of the companies act, having one of its objects as promotion of industries in the state of rajasthan ..... the land to be acquired will be allotted to rajasthan state industrial & mineral development corporation according to section 4 (1) of rajasthan land acquisition act. ..... it is submitted that the rajasthan state industrial & mineral development corporation is a company incorporated under the companies act, 1956. ..... the copy of the agreement which was executed between the government and rajasthan state industrial & mineral development corporation is produced and marked as annexure r. 3. ..... to him, the land is being acquired for the rajasthan industrial mineral development corporation (hereinafter called to be as 'the r. i. m. d. c. ..... state industrial & mineral development corporation, jaipur. 2. ..... state industrial & mineral development corporation, jaipur. 4. ..... it has been argued that the land is being acquired for a company or a corporation and would not come within the definition of 'public purpose', that no agreement has been published as required by the provisions of the act, that there is no urgency warranting dispensing with the requirement of the inquiry under section 17, under section 5-a of the act and the relevant rules. 9. ..... moreover the company is a government company within the meaning of section 6(17) of the companies act, 1956 as mentioned above. .....