Court : Rajasthan
Reported in : RLW2007(3)Raj2467
..... in para 4 may be permitted by the administrative department of the government after obtaining prior concurrence of the finance department in relaxation of the rules provided the recognized referral hospital to which the ailing person was referred in ..... precious and inviolable and thereafter, meaning of life has been given according to the verses 17, 18, 20 and 22 in chapter 16 of the garuda purana.15. in another medical reimbursement case- state of punjab and ors. v. mohinder singh chawla and ..... a seven judges' bench of the supreme court in mrs. maneka gandhi v. union of india and anr. : [1978]2scr621 has considered article 21 of the constitution of india particularly with reference to 'personal liberty' and has held that principles ..... are applicable to the judicial and quasi judicial but administrative actions also. the grant/rejection of medical reimbursement is an administrative act.20. counsel for the petitioner has cited one judgment of division bench in r.k. bordia v. state of rajasthan .....
Tag this Judgment!Court : Rajasthan
Reported in : 1987(1)WLN774
..... the power to impose excise duty or a counter-vailing duty. under section 30, the excise commissioner may instead of or in addition to any duty leviable under chapter-iv may accept payment of a sum in consideration of the grant of the licence for exclusive privilege. section 31 empowers the state government to prescribe by rules ..... the petitioners this renders the notification discriminatory. in support of this submission the learned counsel referred to the case of p.n.kaushal v. union of india air 1978 sc 1457 where in the supreme court held:an important undertaking by the state. we must here record an undertaking by the punjab government and eliminate a possible ..... april, 1986 is set out below:g.s.r. 3.-in exercise of the powers conferred by clause (e) of section 42 of the rajasthan excise act, 1950 (rajasthan act 2 of 1950), the excise commissioner with the previous sanction of the state government hereby makes with immediate effect, the following amendments in the rajasthan issue and .....
Tag this Judgment!Court : Rajasthan
Reported in : 1987(2)WLN52
..... or in the case of loans advanced directly from the government treasury, state bank or fund by a secretary, deputy secretary or assistant secretary to the government in finance department.9. sub-rule (2) of rule 37-c provides that if the jagirdar submits any objection in reply to the said notice, it shall be decided by ..... without jurisdiction and it was competent to determine the dues.16. in the result, this appeal is allowed, the judgment of learned single judge dated april 11, 1978 is set aside and the notices dated july 6, 1970 issued by the collector and subsequent reminders quashed. in the facts and circumstances of the case, the parties ..... objections against the above notices. thereafter, no certificate as required in form no. x was issued against the petitioner as required by the mandatory provisions of the jagir act. according to the petitioner, it was mandatory for the collector to issue(sic) certificate in form no. x specifying the outstanding dues against the jagir in question. .....
Tag this Judgment!Court : Rajasthan
Reported in : [1980]46STC141(Raj); 1980()WLN393
..... goods or the sale of manufactured goods should be inside delhi. it was held that resale within the meaning of section 5(2)(a)(ii) of the bengal finance (sales tax) act (6 of 1941), as applied to the union territory of delhi, was not confined to the territory of delhi but also included resale outside the territory of delhi ..... goods must also be sold in the state or in the course of inter-state trade or commerce. consequently, the rationale of the decision in polestar electronic (p.) ltd. [1978] 41 s.t.c. 409 (s.c.) has no application to the facts and circumstances of the present case.34. coming to the last point, viz., that the state ..... inter-state trade and commerce that the manufactured yarn was transferred outside rajasthan.33. the learned counsel for the petitioner relied on polestar electronic (p.) ltd. v. additional commissioner [1978] 41 s.t.c. 409 (s.c.), in support of his contention that sales at branches outside rajasthan would not attract levy of penalty. on going through the facts .....
Tag this Judgment!Court : Rajasthan
Reported in : [2007]135CompCas495(Raj); [2007]77SCL28(Raj); 2006(3)WLC565
..... stated in annexure xi of its report that all 'execution proceedings' must be taken up only by the special tribunal under the act. in our opinion, in view of the special procedure for recovery prescribed in chapter v of the act, and section 34, execution of the certificate is also within the exclusive jurisdiction of the recovery officer.25. thus, the adjudication of ..... be in addition to, and not in derogation of, the industrial finance corporation act, 1948 (15 of 1948), the state financial corporations act, 1951 (63 of 1951), the unit trust of india act, 1963 (52 of 1963), the industrial reconstruction bank of india act, 1984 (62 of 1984) and the sick industrial companies (special provisions) act, 1985 (1 of 1986).the provisions of section 34(1 .....
Tag this Judgment!Court : Rajasthan
Reported in : [2003]128TAXMAN859(Raj)
..... section 142(2a) could not have been invoked. the petitioner has placed reliance on following decisions of the courts :h.p. state forest corpn. ltd. v. joint cit peerless general finance & investment co. ltd. v. dy. cit : [1999]236itr691(sc) , swadeshi cotton mills co. ltd. v. cit : [1988]171itr634(all) .10. this has further ..... by the affidavit. the honble division bench of himachal pradesh in view of the law laid down in mohinder singh gill v. chief election commissioner air 1978 sc 851 was persuaded to allow the petitioner but in the instant case, such application is not warranted. he assessing officer had categorically stated after critical examination ..... the petitioners that it was at that point of time, certain directions were issued by the commissioner for taking appropriate measures under section 142(2a) of the act. the petitioners claim that they came to know that the assessing officer would be issuing directions under section 142(2a). consequently, the petitioners claim that they .....
Tag this Judgment!Court : Rajasthan
Reported in : 2001(135)ELT29(Raj); 2000(4)WLC286; 2000(3)WLN178
..... suzuki textiles ltd. had set up a process house and a weaving unit under the name suzuki processors in village guda, tehsil mandal, district bhilwara and finance for the purposes were arranged by securing loans from idbi. according to the case set up by the petitioner, the processing section of the suzuki processors ..... suzuki processors, bhilwara and m/s. pgo processors (pvt.) ltd., bhilwara have suppressed material facts, made wilful mis-declaration and contravened various provisions of central excise act and rules with intent to evade payment of duty of excise in the manner discussed in foregoing paras as:(i) they have suppressed material facts relating to the control ..... belonging to customer and entrusted by him for processing amount to manufacture within the meaning of the act. it also approved the principle enunciated by the supreme court in case of atic industries v. asst. collector central excise : 1978(2)elt444(sc) that the value of the goods for the purposes of excise duty must take .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR2007Raj129; RLW2007(3)Raj2656
..... financial institutions will not proceed further and such secured asset will not be sold or transferred by them. sub-section (9) provides for cases of joint financing and consent of three-fourth in value of the secured creditors of different banks and financial institutions, if they are joint financiers of the borrower, is ..... borrower), aggrieved by any of the measures referred to in sub-section (4) of section 13 taken by the secured creditor or his authorised officer under this chapter, (may make an application along with such fee, as may be prescribed) to the debts recovery tribunal having jurisdiction in the matter within forty-five days ..... special enactments enacted with the special objective of expeditious and quick recovery of public money from the defaulting borrowers.9. the overriding effect given to securitisation act, 2002, which is undoubtedly a special law for special purpose with the non-obstante provisions contained in section 13 on the principle of 'generalia specialibus .....
Tag this Judgment!Court : Rajasthan
Reported in : (2008)218CTR(Raj)30; [2008]307ITR226(Raj)
..... and humanised, the central object being sree jagannathjee, the lord of the universe.15. in cit, gujarat v. swastik textile trading company pvt. ltd. (1978) 113 itr 853 , the gujarat high court observed that compassion for living creatures, although it motivates all true religion, is also practical spirituality as it has ..... ) , the petitioner institution maintained 10 temples and 22 educational institutions, peer home and bala mandir specified in andhra pradesh charitable and hindu religious institutions and endowments act, 1987. the petitioner provided free food, free accommodation, free transport to the pilgrims irrespective of caste and religion on the simple declaration of faith in the ..... section 25 of the companies act, 1956 (1 of 1956), or is a university established by law, or is any other educational institution recognized by the government or by a university established by law, or affiliated to any university established by law, or is an institution financed wholly or in part by .....
Tag this Judgment!Court : Rajasthan
Reported in : 1994(2)WLN332
V.K. Singhal, J.1. This judgment shall disposed of the writ petitions enumerated in the Schedule 'A'. Since the questions involved are common, all these writ petitions are decided by this Single Order.2. The dispute relates to the termination of services of the Teacher Grade-III, who have obtained the training certificate from Rajkiya Udyog Prashikshalaya Parasuramdwara, Jaipur (in short Parasuramdwara) and, Vidyabhawan Kala Sansthan Udaipur (in short Vidyabhawan). Few of the teachers have obtained the B.Ed, qualification with permission or without permission of the employer. A circular was issued by the Director-Cum-Special Secretary, Gramin Vikas and Panchayatiraj Vibhag on 7.4.94, in which directions were given that the teachers having National Trade Certificate (N.T.C.) are not capable of teaching in the schools which are run by the Panchayat Samitis, and, therefore the services of such teachers who have been appointed after 6.01.1985 shall be terminated. The copy of the circular i...
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