Court : Rajasthan
Reported in : RLW2005(1)Raj389
..... to what will be mind, how it will be mined and with what method, how the financing will be arranged, what are the areas of environmental concerns (keeping in view the regional character) which need to be addressed by the entrepreneur. this ..... management plan.in large-scale mining projects, the applicant is asked to submit detailed mine plans on mining and processing methods, the technology being used, the financing plan and the environmental management plan (including reclamation) and the training and local benefits envisaged but what it still require is a proposal on district level as ..... , air (prevention and control of pollution) act, 1981, the water (prevention and control of pollution) act, 1974 and forest (conservation) act, 1980. mere approval of the mining plan would not absolve the lease holder from complying with the other provisions. rules 31 to 41 contained in chapter v of the mineral conservation and development rules, 1988 .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1992Raj153; 1991(2)WLC231; 1991(1)WLN28; 1991(2)WLN68
..... the supreme court in g.s.f.c. v. lotus hotel pvt. ltd. (air 1983 sc 848), wherein certain promise was held out by the gujarat state finance corpn. to advance certain amount of loan to the respondent and thereafter, it wriggled out from that promise and it was in that context that their lordships of the ..... was allotted poll no. c-47 in 1st extension, kamla nehru nagar, jodhpur and that plot had already been allotted to one shri lakhpat raj bagrecha in the year 1978 and, therefore, due to oversight, this mistake had crept in. it was submitted that there were few more cases in which such kind of mistake was committed.5 ..... plot in this very scheme and, therefore, that contract can certainly be enforceable and when this contract has statutory overtonnes and if the statutory authorities are not acting fairly and reasonably then certainly the respondent is entitled to get redressal of his grievance by invoking extraordinary jurisdiction of this court under article 226 of the constitution.24 .....
Tag this Judgment!Court : Rajasthan
Reported in : [2005(104)FLR315]; (2005)ILLJ842Raj; RLW2004(4)Raj2579; 2004(4)WLC165
..... contention was raised that such a fetter was put on this unrestricted right which was unconstitutional; secondly, even the mellowing down of the condition by act no. 18 of 1978 did not have the effect of removing the vice of unconstitutionality. repelling the contention, the court referred to decision in anant mills ltd.'s case ..... it may be considered necessary for the purpose of enabling the corporation to decide whether the factory or establishment is a factory or establishment to which this act applies.12. section 45 empowers the corporation to appoint inspectors for the purpose of collecting the information about the employers' factories, establishments and other information ..... are contained in chapter iv of the act of 1948.6. section 38 provides that subject to the provisions of the act, all the employees in factories or establishments to which the act applies shall be insured in the manner provided by the act.7. section 39 provides that contribution payable under the act in respect of .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2003(2)Raj1118
..... a new case has been made out by the respondents before this court which cannot be permitted as held in mohinder singh v. chief election commissioner, (air 1978 sc 851), that when a statutory functionary makes an order based on certain grounds, its validity must be judged by the reasons so mentioned and cannot be ..... , or deemed under sub-section (3) of section 66, to be declared as a wildlife sanctuary. chapter iv of the wildlife act inter alia deals with national parks and sanctuaries.34. section 18 before its amendment by act 44 of 1991 empowers the state government to declare by notification any area to be a sanctuary if the ..... of environment and forest) for seeking prior approval for renewal purpose in her favour keeping in view the provisions of section 2 of the forest (conservation) act. 1980 (for short, forest act. 1980), in the form prescribed under the forest rules, 1980.4. undisputably the central government after having carefully considered the proposal of the state government .....
Tag this Judgment!Court : Rajasthan
Reported in : (1995)126CTR(Raj)366; [1995]214ITR317(Raj)
..... owners. the question is whether there can be a partial dissolution of the firm. it has been provided under chapter vi of the partnership act as to how a firm can be dissolved. section 40 of the partnership act provides that a firm may be dissolved with the consent of all the partners or in accordance with a ..... commissioner of income-tax (appeals) who referred to the various agreements entered into between the partners. the firm was constituted by a partnership deed dated may 20, 1978, having 15 partners and two minors were admitted to the benefits of the partnership. since one of the minors admitted to the benefits of the partnership attained majority ..... out of the partnership firm and to treat the same as their property in their individual capacity as co-owners. the provisions of section 17 of the registration act were also taken into consideration and after going through the various provisions, the appeal was dismissed. in the second appeal before the income-tax appellate tribunal, the .....
Tag this Judgment!Court : Rajasthan
Reported in : (2002)74TTJ(NULL)36
..... and the principles of commercial expediency do not apply in respect of such specific disallowances. he further submitted that the project executed by the assessee was not entirely financed by the u.k. government and the assessee-company raised the funds by issuing bonds also. he, further, contended that the entire amount paid to m ..... counterpart rupee deposit payment to office of the controller of aid. accounts and audit (hereinafter referred to as the caaa), department of economic affairs, ministry of finance, on receipt of the budgetary support from ministry of mines. the relevant terms and conditions are more specifically and elaborately spelt out in the sanction letter. the ..... for public subscription before the 1-4-1938), royalty, fees for technical services or other sum chargeable under this act, which is payable outside india, on which tax has not been paid or deducted under chapter xvii-b.'the first contention of the learned counsel for the assessee is that the amount of fees for .....
Tag this Judgment!Court : Rajasthan
Reported in : 1974WLN367
..... -63 in which duty for liquor has been shown in column no. 5.etc.14. on behalf of the government shri r. ramakrishna, special secretary to government, finance (excise) department, rajasthan, jaipur, has submitted an affidavit which is to the effect that do excise duty notification has issued before march 6,1966 imposing or levying ..... expressly made enforceable by appropriate writs, orders or directions under article 32'....'the directive principles of state policy have to conform to and run as subsidiary to the chapter of fundamental rights, in our opinion, that is the correct way in which the provisions found in part iii & iv have to be understood.44. article 37 ..... liquor or intoxicating drug within any local area of those parts of the state of rajasthan to which this act extends.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 .....
Tag this Judgment!Court : Rajasthan
Reported in : 1990(2)WLN530
..... has railed upon the theory of legislation by incorporation and has placed reliance on a decision of their lordships of the supreme court in bajya v. gopikabai : [1978]3scr561 , wherein it was observed that broadly speaking, legislation by referential incorporation falls in two categories: first, where a statute by specific reference incorporates the provisions of ..... that case, the provision of section 151 of the m.p. land revenue act came up for interpretation with reference to the provisions of section 4(2) of the hindu succession act,1956.s.151 of the m.p. land revenue act, which is chapter xii runs thus:subject to his personal law, the interest of a tenure ..... and the statutes cannot override the provisions of the act. this is the settled legal position. when the jodhpur university acl,1962 provides for a particular procedure for change of ordinances than procedure has to be adopted. it is one thing that the ugc being financing body, the university is obliged to accept their dictum .....
Tag this Judgment!Court : Rajasthan
Reported in : 1994(3)WLC488
..... .1. the income-tax appellate tribunal has referred the following question of law arising out of its order dated july 3, 1980, for the assessment year 1978-79 :'whether, on the facts and in the circumstances of the case, the tribunal was justified in holding that income from brokerage should be assessed as ..... rather than manual labour, specially one of the three learned professions ; any calling or occupation involving special mental and other attainments or special discipline, as editing, acting, engineering, authorship. the word implies professed attainments in special knowledge as distinguished from mere skill ; intellectual skill as distinguished from that used in an occupation for ..... superiors of amherst county v. boaz, (10 s. e. 2d., 498, 499, 176 va. 126).24. a consultant in matters of corporate finance and reorganisation whose knowledge and skill resulted from business experience and not from any formal education or special instruction, conducted a 'business' subject to unincorporated .....
Tag this Judgment!Court : Rajasthan
Reported in : (1986)57CTR(Raj)185; [1987]168ITR364(Raj)
..... exemption could be claimed with effect from april 1, 1963.22. thus, a consideration of the provisions of section 5(1)(viii) and the amendment introduced therein by the finance (no. 2) act, 1971, with retrospective effect from april 1, 1963, and the insertion of explanation 1 in that sub-section prospectively with effect from april 1, 1972, go to ..... ) .20. in smt. meera jaiswal v. cwt , the punjab and haryana high court also followed the decision of the calcutta high court in aditya vikram birla's case : [1978]114itr711(cal) , and did not agree with the view taken by the gujarat high court and the allahabad high court in jayanti lal amrat lal's case : [1976]102itr105(guj ..... those belonging to richer classes and is excluded from the computation of the net wealth of the assessee under section 5(1)(viii) of the act.19. the calcutta high court in aditya vikram birla's case : [1978]114itr711(cal) , did not agree with the view taken by the gujarat high court in cwt v. jayanti lal amrat lal : [1976 .....
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