Court : Rajasthan
Reported in : 2003(152)ELT301(Raj); RLW2004(1)Raj573; 2003(1)WLC31
..... was dismissed. 2. the facts, relevant for the present purposes, are that on 20th july, 1982 the central govt. in exercise of its powers under section 25 of the customs act, 1962 had notified certain exemptions/concessions in custom duty payable on import of motor vehicle by a handicapped person which has been specially adapted for his use, ..... public notice on 20th july, 1982 could be withdrawn only by another notification of rescision and not by decision on files by the ministers. therefore, notwithstanding that the finance minister has taken the decision on file on 23rd dec., 1982 to discontinue with the scheme but was actually rescinded only in may, 1983, the applications which ..... concession on the import of car in pursuance of the licence issued on 24th april, 1985, as was available under the first scheme, was rejected by the finance ministry on 20th sept., 1985. 6. the relief claimed by the petitioner is to seek a mandamus to the respondents to consider the application of the petitioner .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2008(1)Raj456
..... in the allegations as the allegations are required to be examined in accordance with law by the competent authority appointed by the state government under sub-section (2) of section 63 of the act of 1959 and because of reason that counsel for the petitioner clearly stated that the petitioner is challenging order of petitioner's suspension as chairman of ..... sohan lal mareja v. the state of raj. and ors. d.b. civil special appeal no. 626/2004 decided on 18.1.2005, wherein though the matter was different but the entire scheme of section 63 has been examined by the division bench of this court even with respect to the power of the state government in suspending the member ..... of this court in the case of sohan lal mareja v. the state of raj. and ors. d.b. civil special appeal no. 626/2004 dated 18.1.2005. the division bench of this court after considering the seriousness and gravity in the order suspending a member/chairman of the municipal council, clearly held as under:thus wholesom reading .....
Tag this Judgment!Court : Rajasthan
Reported in : 2000(2)WLN170
..... it abundantly clear that on the date when the petition was filed it has been filed contrary to the instruction to state government and now realising the consequences of unauthorised act by the collector, rajsamand in filing petition in face of that order dated 5.3.1998 the request has been made to withdraw that order so that this litigation can ..... is the incharge of the administration of the district cannot be in his wisdom finding the order of the state government contrary to the public interest cannot be its own act contrary to it unless he obtains instructions from the state government otherwise if without having recourse to such authority from the state he ..... acts contrary to it, it would amount to subversion of discipline. whatever may be authority if the collector he does not reach overturning the decision of the state government on its .....
Tag this Judgment!Court : Rajasthan
Reported in : [2008]85SCL40(Raj)
..... ]2scr1102 , it was held that every creditor has a right to appropriately get the share of sale proceeds. reliance is also placed on international coach builders ltd. v. karnataka state finance corporation [2003] 10 scc 4821 and b. shoes ltd. v. indian overseas bank special leave to appeal (civil) no. 3636 of 2003, order-dated 14-11-2003.5. per contra ..... learned counsel for the respondent-bank canvassed that section 34 of recovery of debts due to banks and financial institutions act, 1993 (for short 'rdb act') overrides the companies act, to the extent there is anything inconsistent between the acts. reliance is placed on allahabad bank's case (supra).6. i have pondered over the submissions .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2003(4)Raj2390; 2003(1)WLC388
..... been given by the learned single judge, that the government shall call upon the rajasthan housing board to frame necessary regulations under sub-section (2) of section 53 of the rajasthan housing board act so as to crete an independent cell in the name of low cost housing centre or any other name, under the control of ..... financial and administrative position of avas vikas sansthan had decided to dissolve it with immediate effect and, therefore, in exercise of powers under section 60 of the rajasthan housing board act, a direction was given to the housing board to dissolve the avas vikas sansthan with immediate effect with the further mentioned that after dissolution ..... housing board to carry out the national policy as above through the centrally sponsored scheme. rajasthan housing board is a statutory body constituted under section 54 of the rajasthan housing board act, 1970 with the sole object of consent manner. the avs is in the nature of agency of the rajasthan housing board and urban .....
Tag this Judgment!Court : Rajasthan
Reported in : (2002)74TTJ(NULL)36
..... assessee to m/s dml, outside india.6. as regards the chargeability of the said fees in the hands of m/s dml under the income tax act, he contended that sections 4 and 5 are relevant in this regard and m/s dml being a non-resident, the scope of the income chargeable to tax is determined by sub ..... of equivalent 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 assessee-company ..... vol. iii, dated 19-11-1988, for the setting up of an integrated project consisting of zinc-lead mines at rampura agucha and lead zinc smelter at chanderiya. the financing pattern of the project, inter alia, included u.k. government grant-in-aid 73.30 million which was subsequently revised to 83.60 million. an amount of rs. .....
Tag this Judgment!Court : Rajasthan
Reported in : (1983)37CTR(Raj)19; [1984]147ITR361(Raj)
..... a sum of rs. 1,24,004 represented income accrued to him in the state of mysore and as such was exempt from tax under section 14(2)(c) of the i.t. act. the assessee entered into financing agreements with one s. krishna ayyar, a resident of madras and a building contractor. he had undertaken various contracts in the former british india ..... rule does not arise. (3) even though the place has been fixed at the time of agreement expressly or impliedly, but if it has been subsequently fixed under section 49 of the contract act on an application of the promisor and with the consent of the promisee, the rule should not be applied. (4) if it is not possible to establish ..... referred the above question of law for being answered by this court.3. the tribunal in its order dated may 18, 1970, observed as under:'though the charging sections of the income-tax act assume that income, profits or gains have a situs, in the absence of proper indication as to how the. situs is to be determined, we are to consider .....
Tag this Judgment!Court : Rajasthan
Reported in : 1974WLN36
..... was limited to the sum of rs, 20,000/- only in respect of persons other than passengers carried for hire or reward, in view of the provisions of section 95 of the motor vehicles act and secondly that the vehicle no. rjr 915 was also insured with the indian mercantile insurance co., ltd., and as such even the amount of rs. 20 ..... not be made liable in respect of damages awarded on account of the accident in question. further we are inclined to bold that the provisions of section 95(2)(b)(i) of the motor vehicles act have the effect of limiting the liability of the insurer in respect of a policy of insurance to rs. 20,010/- and there is no basis ..... india the first submission made on behalf of the corporation, namely, that in view of section 95(2)(6) of the motor vehicles act the liability of the insurer is limited to the extent of rs. 20,000/- is well founded. section 95(2)(b) of the motor vehicles act, as it stood at the relevant time, was as under:95(2). subject to .....
Tag this Judgment!Court : Rajasthan
Reported in : 1997(1)WLC720; 1996(2)WLN270
..... entitled to issue a circular, office memorandum or departmental instructions providing guide-lines ,to its officers provided such circular, office memorandum or departmental instructions are not in contravention of any act or statutory rules. learned counsel for the petitioners made an attempt to convince the court that anx. 2 and 3 are in contravention of rules 38 and 68 of the .....
Tag this Judgment!Court : Rajasthan
Reported in : 1984WLN680
..... extreme case where the sessions trial also proceeds without any formal charge which has to be in writing and read out and explained to the accused (section 210(2) and section 251a(4) and section 227).the code requires that there should be a charge and it should be in writing. a deliberate breach of this basic requirement can not ..... of specific charge against the appellant under ss. 302 and 307 ipc has materially prejudiced him. we must accordingly set aside the convictions and sentences of the appellant under section 302 and307, penal code'.43. their lordships then devoted anxious moment and discussed the evidence, whether the re-trial should be ordered and, on merits found that was ..... of punjab air 1937 sc p. 623, w. slaney's case was referred to in para 7 and it was observed that section 537 cr pc was considered in judging the question of 'prejudice' courts must act with a broad vision and look to the substance and not to technicalities and their main concern should be to see whether the .....
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