Court : Rajasthan
Reported in : 1998(3)WLC728; 1998(1)WLN584
..... , the hon'ble supreme court dealt with the provisions of section 3 of the industrial peace (timely payment of wages) act, 1978. the provisions of the said act encloathed the competent authority under the act to issue a certificate of recovery of arrears of the wages only in a case of admitted facts. the authority had no ..... stated at the bar that the process has not yet been issued by the learned magistrate against the management. a detailed procedure has been provided under chapter xv of the code of criminal procedure. section 200 provides for examination of the complainant and section 202 provides for postponement of issue of process ..... the petitioners is accepted, an individual workman would be deprived of his right to raise the grievance against the unfair labour practice. the trade union, acting in representative capacity, can do the needful for getting the industrial dispute settled. the prohibition against representation of single individual rests on broad policy of maintenance .....
Tag this Judgment!Court : Rajasthan
Reported in : 1985(2)WLN290
..... 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 ..... consequential benefits. it was held that the third amendment act, 1978 was violative of articles 14 and 311 of the constitution. it was observed that the retrospective operation of the amended law should be in relation ..... 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 .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1994Raj213
..... unfettered right of appeal to a person aggrieved by any decision or order made thereunder. section 12 of the central excise act permitted the central government to declare that any provision of the sea customs act, 1978 relating to the levy and exemption from custom duties draw back of duty etc. and procedure relating to offences and appeal ..... thing to say that state is making law which is quite opposite to what is envisaged as a goal to be achieved by the constitution. the provisions of chapter iv does provide a yardstick with which reasonableness or unreasonableness of a law made by the authority concerned be tested. if the law is found to be ..... to political logic and constitutional law and is therefore, violative of article 14. 37. the principle was emphatically reiterated in maneka gandhi v. union of india, (1978) 1 scc 248 : (air 1978 sc 597) (at p. 624 of air): 'article 14 strikes at arbitrariness in the state action and ensures fairness and equality of treatment. the principle .....
Tag this Judgment!Court : Rajasthan
Reported in : 1982WLN321
..... alter the basic of the constitution. the right to property which was earlier a fundamental right has been abolished by the constitutional amendment and its abolition from the chapter of fundamental rights, in no way alters the basic features/structure of the constitution of india.70. the first reference to basic structure them came from pakistan supreme ..... recourse to any industrial law that is binding on the employees or the government today.it was my feeling and i am quite sure by now that the finance minister has not properly gone through this particular drafting or he has not realised the repercussions of these particular lines. i am quite sure, when he was ..... reproduction of the above order purported to have been issued on the same date as the life insurance corporation of india (staff) sixth amendment regulations, 1978 under section 49 of the act is invalid.29. it may be mentioned here that the majority judgment in d.j. bahadur's case, though specially confined to the question of .....
Tag this Judgment!Court : Rajasthan
Reported in : 1992WLN(UC)442
..... entire undertaking of the corporation shall be vested in the development bank. the corporation could not be dissolved except by the government. the industrial finance corporation act stated that whoever, in any bill of lading, warehouse receipt or other instrument given to the corporation whereby security is given to the corporation ..... there was deep and pervasive, administrative and fiscal control over the affiairs of the commission of the central government apart from the flow of finances in the form of capital incurred by the central government as non-recurring expenditure in connection with the existing organisation with a provision for further ..... one state and serving the interests of members in more than one state. this act applies to various multi-state cooperative societies, including those to which multi-unit cooperative societies act, 1942 was applicable. chapter-4 of 1984 act contains provisions regarding direction and management of multi-state cooperative societies. section 41 .....
Tag this Judgment!Court : Rajasthan
Reported in : 1992(57)ELT269(Raj)
..... a far greater proportion is ground and shaped in the usual way with a clay bond to produce low-loss electroceramics and refractories. talc. see steatite.'19. chapter 36 of industrial minerals by r.k. sinha of indian bureau of mines, published by oxford & i bh publishing co., new delhi, deals with talc/steatite ..... 29, 1955 and inviting attention towards the problems which the soap-stone industry is facing with regard to the central excise. the under secretary, ministry of finance, government of india, new delhi by his letters (annexures 5, 6 and 7) has advised the association to approach the jurisdictional col-lector and the assistant ..... . in the replies, a preliminary objection has been taken that the petitions are not maintainable as petitioners have not availed of alternate remedies available under the act, letter annexure 10 is not an adjudication order, petitioners could approach the assistant collector for passing an adjudication order and against his order appeal before the collector .....
Tag this Judgment!Court : Rajasthan
Reported in : 1988WLN(UC)106
..... police against m/s sanchaita investments, a partnership firm and its partners with regard to violation of the provisions of the prize chits and money circulation schemes (banning) act, 1978. and on the basis of the said fir investigation was commenced by the police. writ petitions were filed in the high court under article 226 of the constitution by ..... under section 420 ipc and section 120b read with section 420 ipc in the view that the statutory power of investigation given to the police under chapter xiv of the code of criminal procedure, 1898 was not available in respect of an offence triable under the west bengal criminal law (amendment) (special courts ..... informed that the petitioner had told them that the complainant had issued instructions for receiving the money in cash and for sending it directly to modak and that acting on that representation they made the payment in cash so that the same may be sent to the complainant directly at modak. the complainant has further alleged that .....
Tag this Judgment!Court : Rajasthan
Reported in : [2003]131STC176(Raj); 2003(1)WLN281
..... of benefits shall be 25 per cent of the tax liability which shall flow to the unit from the date of corrigendum issued by the finance department, government of rajasthan which is 30th september, 1999 as regards the difference of benefits availed by the unit on the basis of application ..... confined to its clearly defined limits. the court was concerned with the determination of compensation payable to the appellant under the bihar land reforms act, 1950. by act of 1974, compensation payable for mines and minerals was restricted to three times of net income. the appellant contended that the date on ..... act, 1956 does not authorise the state government to issue notification to have retrospective effect. in these circumstances, a legitimate question does arise whether in pursuit of common object any state government, by issuing one composite notification both as a delegate of the state legislature as well as the parliament for conferring certain benefits vide notification dated april 7, 1978 .....
Tag this Judgment!Court : Rajasthan
Reported in : 1994(73)ELT536(Raj); 1994(1)WLC222; 1993WLN(UC)377
..... show cause notice dated october 14,1991 (annexure 5) and demand notice dated october 25, 1991 (annexure 7), for declaring that item no. 2504 of chapter 25 of the schedule appended to the central excise tariff act, 1985 (in short 'act of 1985') is ultra vires of the charging section 3 read with section 2(f) of the central excises and salt ..... article emerges having a distinct name, character and use. the use of expression 'manufacture as explained in the case of allenburry engineers pvt. ltd. v. ramakrishna dalmia and ors. 1978 2 scr 257. in state of orissa and ors. v. the titaghur paper mills co. ltd. and anr. : [1985]3scr26 which was a decision on the orissa sales ..... heading 25.04. it is not in dispute that the petitioner's goods contain more than 90% excavated marble. as such it has to be classified under chapter 25 and not under chapter 68.19. it was also argued by the learned counsel for the respondents that the writ petition is not maintainable as the petitioner had alternative remedy by .....
Tag this Judgment!Court : Rajasthan
Reported in : (2002)77TTJ(NULL)640
..... however, now we may pause here for a moment to clarify the legal position on this point as it emanates from the statutory provisions after the amendment effected vide finance act, 2002 in section 158b w.r.e.f. 1-7-1995. on analyzing the statutory provisions, the relevant legal position, in respect of sustenance/deletion of ..... he has contended that the department could take necessary proceedings of regular assessment in respect of documents found during survey but could not include the same in chapter-xiv-b in the block assessment. in the written statement of assessee, it has been contended that as admitted by the department the assessee is manufacturing gold ..... assessing officer deserves to be deleted. it has also been contended that the assessing officer has made addition on protective basis whereas in a block assessment under chapter xiv-b there is no scope for any assessment on protective basis. as against this the learned departmental representative of revenue has relied on the orders of .....
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