Court : Rajasthan
Reported in : 1985(1)WLN114
..... also placed reliance on certain observations of prof. h.w.r. wade in his treatise on adminstrative law (fifth edition) and lord denning's recent book, 'the closing chapter'.16. in o'reilly v. mackman and other and other cases (supra), lord denning mr., in his leading judgment has referred to the advances that have been made ..... of judicial review the position has altered and that the extraordinary jurisdiction under article 226 of the constitution can be invoked in every case where a public authority acts arbitrarily or unreasonably in exercise of the powers conferred on it. in support of his aforesaid submission, shri rangarajan has invited our attention to the decisions of ..... government as well as the state legislature to exercise financial control over the affairs of the electricity board. the reason being that major part of the finances of the electricity board are made available by the state government by way of subventions, namely, subsidies and grant-in aid under section 63 of the .....
Tag this Judgment!Court : Rajasthan
Reported in : 1984WLN245
..... that the document in question was validly registered and admissible in evidence.2. the brief facts giving rise to this revision are that the plaintiff m/s paras finance co. filed a suit in the court of additional district judge, sirohi for recovery of rs, 59,392.15 on the basis of a mortgage deed dated ..... and, therefore, this order is revisable he placed reliance on md. shakeel waheed ahmed v. state of maharashtra : air1983sc540 , premraj v. d.l.f.h. & co. ltd : [1968]3scr648 & d.l.f. housing etc. co. v. sarupsingh : [1970]2scr368 . i have given my careful consideration to the rival contentions. in my opinion in the circumstance of the ..... districts. so far as such registrar, i.e. registrars of districts other than a district including a presidency town are concerned, section 30(1) of the registration act makes it clear that they may register the document which might he registered by any sub-registrar subordinate to cannot register documents which relate to properties situate outside their .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1985Raj104; 1984()WLN291
..... . the rajasthan colonisation (allotment of land to co-operative societies) rules, 1959. 8. the rajasthan colonisation (medium ant minor irrigation project-government lands allotment) rules, 1968 9. the rajasthan special assistance to disabled ex-servicemen and dependents of deceased defence personnel (allotment pf lands) rules, 1963. 10. the rajasthan colonlsation (rajasthan canal ..... sub-section (1), as from the date of the commencement of the rajasthan tenancy (amendment) act, 1979, hereinafter in this chapter referred to as the 'said date', become subject to the other provisions contained in this chapter, the khatedar tenant of that part of the land held by him in which he has not ..... . 195/409 of chak 1 sys, tehsil sri bijey nagar in the year 1956. the lease aforesaid was continue to be renewed till the year 1968 whereafter renewals were not effected as the state government proceeded to make the rajasthan colonisation (rajasthan canal project government land allotment and sale) rules, 1967, .....
Tag this Judgment!Court : Rajasthan
Reported in : 1984WLN(UC)178
..... rs. 1 crore fifty four lacs in the name of shri banshilal (non-petitioner no. 4). the petitioner has further stated that that the act of exhibiting the notice (anx. 3) conveying temporary (provisional) acceptance in favour of banshilal (non-petitioner no. 4) was in disregard of ..... been infringed. as regards the argument that the writ jurisdiction should be invoked as there has bee breach of the rules under the act and the conditions of tender notice, the following observations of the supreme court in coveeree's case (f) afford a complete answer ..... 30. payment for exclusive privilege - instead of or in. addition to any duty leviable under this chapter, the excise commissioner may accept payment of a sum in consideration of the grant of the licence for exclusive privilege under section 24.23 ..... . chapter vii-b of the rules deals with licence on payment of lump sum instead of or in addition to .....
Tag this Judgment!Court : Rajasthan
Reported in : I(1986)ACC201; AIR1985Raj165; [1987]62CompCas160(Raj)
..... 's case air 1962 punj 540 and mangi lal's case (air 1971 madh pra 5mfb) and observed as under:'as already seen above, the scheme of chapter viii militates against the incorporation of law of torts as inhibiting factors or sole principles governing exclusively the question of compensation payable under the provisions of the ..... v. k. sittammal. 1966 acj 349 : air 1967 madras 123 veena kumari kohli v. punjab roadways, 1967 acj 297 (p & h) and iswari devi v. union of india. 1968 ac 141 : air 1969 delhi 183.10. a full bench of the madhya pradeshhigh court in mangilal's case (air 1971 madh pra 5) ruled as under : --'before compensation can ..... legal representatives of the deceased chunilal (driver) have filed this appeal under section 110-d of the motor vehiclesact (no. iv of 1939) (hereinafter referred to as' the act'1.2. by the judgment aforesaid, the tribunal rejected the application for compensation filed by the appellants ('the applicants' herein) being barred as no cause of action was shown .....
Tag this Judgment!Court : Rajasthan
Reported in : 1985WLN(UC)90
..... that the board of revenue has held that pokar das, the land revenue inspector had no jurisdiction to conduct the sale. under section 239 of the act every sale under chapter x can be made either by the collector in person or by the assistant collector specially appointed by him in this behalf. though by a subsequent ..... objection to the auction proceedings. the sub divisional officer bali then without waiting for 30 days confirmed the auction sale on january 5, 1967.4. thereafter, paras finance company filed an application before the sub-divisional officer on january 12, 1967, along with a certified copy of revenue appellate authority dated january 8, 1967 purported to ..... two special appeals before the division bench of the board of revenue against the order of the learned single member of the board of revenue dated july 1, 1968. the division bench decided both the special appeals by a common judgment dated december 18, 1969. the division bench found that the order of the sub-divisional .....
Tag this Judgment!Court : Rajasthan
Reported in : 1985(1)WLN237
..... been given to the state government under section 68 to make rules for purposes of carrying into effect the provisions of chapter iv. a reference to the various provisions of chapter iv of the motor vehicles act shows that the legislature has laid down its policy precisely. the point regarding the constitution of the appellate authority was a ..... v. ghansham singh ilr 9 all 625, collector of etah v. rani gulab kunwar air 1935 all 322 and bishal chand jain v. chatur sen and ors. : (1968)iillj708all and the decision of the patna high court in emperor v. soharai koeri and anr. air 1948 patna 550.23. in lalsingh and ors. v. ghan sham singh ..... the state of assam v. sristikar dowerah and ors. (supra), the validly of sub-section (3) of section 3 of the assam revenue tribunal (transfer of powers) act, 1948, which empowered the provincial government to appoint the appellate authority, was challenged on the ground that it suffered from the vice of excessive delegation of essential legislative functions, .....
Tag this Judgment!Court : Rajasthan
Reported in : 1985(2)WLN290
..... sequel to the growing demands of new situations which are bound to arise in any developing economy. the group system has never been a closed or static chapter and it is wrong to think that officers of the various groups were kept, as it were, inquarantine. the group system has been a continuous process ..... kansingh committee were constituted to examine the question of framing of the rules for seniority. the syndicate approved some rules by resolution no. 4 dated 17/18th july 1968 and dated 25th april, 1970. it is in pursuance of the recommendations of kansingh committee, the seniority rules (annx. 9) came to be framed by the ..... (panchayat service) under the state by a legislative enactment. on that basis irrespective of original status all became government servants. by gujarat panchayats (third amendment) act, 1978 a differential classification in relation to their original position was made whereby the ex-municipal employees were deprived of their present status of government servants and of .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1986Raj149; 1986(1)WLN216
..... in taking possession of the land under that subsection is ultra vires.'11. . on behalf of the respondents, considerable reliance was placed on ishwarlal's case (air 1968 sc 870). the supreme court in that case, while dealing with the question as to whether arable land meant only land which is fit for cultivation or includes land ..... 'land which is unfit for cultivation or habitation, desolate and barren land with little or no vegetation thereon'. it follows therefore, that section 17(1) of the act is not attracted to the present case and the state government had, therefore no authority to give a direction to the collector to take possession of the lands under ..... theirs and further that they were not entitled to any compensation for the same. the petitioners submitted an application ex. 10 for making reference under section 18 of the act. the reference was made to the district judge, jodhpur. however, after making of the award by the sub-divisional officer on mar. 21, 1978, the petitoners .....
Tag this Judgment!Court : Rajasthan
Reported in : 1986(1)WLN633
..... of the state of rajasthan employees of the erstwhile stale of jodhpur were governed by the jodhpur government service regulations. chapter viii of those regulations deals with jodhpur provident fund and gratuity-rules. after the formation of the rajasthan, the pension ..... , the chairman of the cpf holders' association submitted various representations to the chief minister, government of rajasthan and the finance minister of the government of rajasthan. it was by ex 3 which bears endorsement, dated january 12, 1982 that ..... was further submitted by the learned deputy government advocate that the pension rules were further liberalised w.e.f. september 1, 1968, september 1, 1976, october 31, 1977 and september 1, 1981. as there was revision of the pay scales of ..... chief justice) of the high court are entitled to pension as computed under the high court judges (conditions of services) act, 1954 (as amended) irrespective of the date of retirement. the date october 1,1974, continues to be relevant as .....
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