Court : Rajasthan
Reported in : 2000(1)WLC217; 1999(1)WLN407
..... permission is concerned, the same finds place in chapter ix of the urban improvement trust act, 1959 (referred to hereinafter as 'the act of 1959'). in accordance with the provisions of the act of 1959, petitioner applied for permission, which was processed in accordance with chapter ix of the act of 1959 and thereafter the permission was granted to ..... petitioner. petitioner has contended that the permission granted to him became final, as it was not challenged by way of an appeal, as provided under the act of 1959. no appeal, as provided under ..... challenge. therefore, in the present writ petition, he can challenge the government order dated 22-2-1994 annex. 4. he has further contended that the entire act of the respondents is wholly without jurisdiction. therefore, the petitioner is well within his rights to approach this court.15. respondents nos. 2 and 3 have .....
Tag this Judgment!Court : Rajasthan
Reported in : (1993)IILLJ1123Raj; 1993(1)WLC692
..... it was also pointed out by learned counsel for respondent no. 1 that respondent no. 2 has not raised any objection, regarding applicability of the provisions of esi act and the dispute has been raised only by the petitioner himself.5. in view of the clear provisions mentioned above, the preliminary objection raised on behalf of ..... objection itself.4. i have heard both the parties at length. it may be pointed out that chapter vi of the esi act deals with adjudication of disputes and claims. the employees insurance court has been constituted under section 74 of the esi act. section 75 enumerates the matters to be decided by 'the eic. sub-clause (a) of ..... j.p. gupta, learned counsel for respondent no. 1, has raised, a preliminary objection to the effect that under the provisions of sections 74 and 75 of the esi act, such an objection could be raised and decided by the employees insurance court (for brevity, 'eic'), which is established under the statute. it is, therefore, submitted that .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2005(3)Raj1755; 2005(2)WLC358
..... served, though private but recognized by the state government as well as the rajasthan board of secondary education. the state government has complete control over them except the finance. the syllabus in which the instructions have been imparted, aided and private recognized institutions are the same as laid down by the board of secondary education. the ..... the candidates in the state of jammu & kashmir is a degree from legally and duly constituted university. it is also not in dispute that the provisions of the act of 1993 have not been made applicable to the universities in the state of jammu & kashmir. thus, the question of recognition of degree awarded by the universities ..... it is submitted by mr. lodha that the aided institutions and the recognized institutions have been defined separately under sections 2(b) and 2(q) of the act of 1993. there is a direct financial control in the matter of government aided institutions and so also the sanction for appointment is required to be taken from .....
Tag this Judgment!Court : Rajasthan
Reported in : 2004(175)ELT33(Raj); RLW2004(3)Raj1894; 2004(3)WLC1
..... of the impugned order dated 14th august, 1989 whereby the respondent no. 4 superintendent of central excise had directed them to classify the htpe/pp tapes under chapter 54 of the tariff act, 1985. even before the time of filing of the petitions, the decision of the madhya pradesh high court in raj packwell (supra), was available but ..... hold and declare that hdpe/pp tapes are classifiable under headings 39.22/39.26 of chapter 39 of the schedule to the tariff act, 1985; in the alternative hold that hdpe/pp tapes are classifiable under sub-heading 3920.32;(iv) prohibit the non-petitioners from levying and ..... non-petitioner no. 4 as well as instructions issued by the central board to all collectorates directing them to classify the hdpe/pp tapes under chapter 54 of the schedule to the tariff act, 1985 by issuing a writ of certiorari or any other writ, order or direction after summoning relevant records from the non-petitioners.(iii) .....
Tag this Judgment!Court : Rajasthan
Reported in : (2005)197CTR(Raj)401; [2006]280ITR168(Raj)
..... distribution, use and possession of, and business in, gold, ornaments and articles of gold and for matters connected therewith or incidental thereto. these provisions were introduced vide chapter xii-a in defence of india rules, which were in force at the time the assessee had delivered the primary gold to collector for weighing the prime minister, ..... required to be dealt with in terms of sub-rules (1a) and (1b) and other ancillary provisions contained in rule 126h under chapter xii-a of defence of india rules, 1962. chapter xii-a of defence of india rules continued to remain in force until the gold control ordinance, 1968, came into force, which was ..... subsequently replaced by the gold control act, 1968. the prohibition against owning and possessing primary gold continued in absolute form except as permitted under the act for persons other .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1995Raj239; 1995(2)WLN441
..... who treasures religion and ethics, a catholic or (for this matter) any one who believes in religion, cannot support the atheistic forces or their allies. to act otherwise would be a challenge to the holy teaching authority of the church. obvisouly the church-leadership which has given these guidelines has vested interest or selfish ..... reply was also filed by the respondent to this application. 11. on december 8, 1994, the original petitioner submitted an application under section 109 of the act seeking permission for withdrawal of the election petition. on december 13, 1994, this application for withdrawal was allowed. notice of withdrawal of the election petition was ..... attempted to interfere with the free exercise of any electoral right amounting to the corrupt practices of undue influence within the meaning of section 123 of the act. neither the manner in which the undue influence was exercised was mentioned nor the persons on whom the undue influence was exercised were named. even .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2003(4)Raj2118; 2003(3)WLC543; 2003(1)WLN108
..... reads as follows :- '266. consolidated funds and public accounts of india and of the states. -(1) subject to the provisions of article 267 and to the provisions of this chapter with respect to the assignment of the whole or part of the net proceeds of certain taxes and duties to states, all revenues received by the government of india, ail ..... petitioner against the recovery of rs. 39,900/-, was dismissed, be quashed and set aside and further, the petitioner be allowed pay and allowances of the post of manager (finance) from 1.11.1985 to 26.5.1987 without deducting the pension etc. etc.2. the case of the petitioner as put forward by him in this writ petition is ..... stayed.the further case of the petitioner is that the joint registrar, cooperative societies, bikaner zone, bikaner (respondent no. 4) registered a case under section 74 of the act of 1965 against the petitioner for recovery of the above amount and in this respect, a notice annex. 15 dated 20.5.1992 was issued by the respondent no. 4 .....
Tag this Judgment!Court : Rajasthan
Reported in : 1994(73)ELT536(Raj); 1994(1)WLC222; 1993WLN(UC)377
..... the 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 ..... appeal and secondly disputed questions of facts are involved in the writ petition. admittedly, the petitioner has challenged the vires of the entries of 2504.21 and 2504.31 of chapter 25 of the schedule of the act of 1985 and has sought declaration that they are ultra vires of the charging section 3 read with section 2(f) of the ..... made here.20. in view of the aforesaid findings, it is not necessary to decide that item no. 2504 of chapter 25 of the schedule of the act of 1985 is ultra vires of section 3 read with section 2(f) of the act of 1944.21. accordingly, the writ petition is allowed. it is held that the petitioner's product agglomerated marble .....
Tag this Judgment!Court : Rajasthan
Reported in : 2000ACJ689; AIR1998Raj140; 1998(2)WLC414; 1998(1)WLN491
..... detract this court from its normal interpretation that it being procedural in character shall have to be applied to pending cases. 22. once the provisions of chapter 10.28 ofrules of 1990 arc given retrospective effect, theevasive reply given in the present case byrespondents shall be treated to be their admissionregarding rash and negligent ..... that after establishment of claims tribunal in state of rajasthan, the state government in exercise of its powers confened under section 110-c of the motor vehicles act, 1939 framed the rajasthan motor vehicles rules, 1964 (hereinafter referred to as rules of 1964) wherein under rule 20 it was provided that the provisions ..... upon the claimants to prove rash and negligent driving before the owner, driver or the insurance company can be held liable for compensation under the motor vehicles act, 1988 in the fight of doctrine of res ipsa loquitur? 3. whether while determining compensation under issue no. 2 the claims tribunal has applied wrong multiplicand .....
Tag this Judgment!Court : Rajasthan
Reported in : (1986)57CTR(Raj)79; [1986]162ITR742(Raj); 1986(2)WLN756
..... obtained by rooplal from the excise authorities for carrying on liquor business in partnership with others.6. now, we may notice the relevant provisions contained in the rules. chapter vii-a of the rules deals with licence under the guarantee system. according to rule 67a, licence for retail shop of country liquor under the guarantee system can ..... form no. 12 on june 25, 1973. he, therefore, vide his order dated february 21, 1976, passed under section 185 of the income-tax act, 1961 (act no. xliii of 1961) (' the act ' herein), made the assessment of the assessee-firm in the status of an unregistered firm. an appeal was filed before the appellate assistant commissioner. the ..... shops in ganja and opium for the year ending on march 31, 1952. forgetting finance for the said excise shops, he entered into a partnership with five others. an application for registration of that firm under section 26a of the old act was filed and that was rejected by the income-tax authorities on the ground that .....
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