Court : Rajasthan
Reported in : 1987(1)WLN304
..... application of the corporation and further held that there was the breach of the mandatory provisions of section 57(3) of the act. thus, the rulings referred to above are distinguishable and are of no assistance for deciding the case in hand.22. it is true that some times the publication in the official gazette may be ..... by such scheme:(i) any person already providing transport facilities by any means along or near the area or route proposed to be covered by the scheme;(ii) any association representing persons interested in the provision of road transport facilities recognised in this behalf by the state government; and(iii) any local authority or ..... government advocate prayed for time to file an affidavit indicating the date of publication and despot of the gazette notification, annx. 2 with regard to publication of scheme under section 68-c of the motor vehicles act, 1939. an affidavit was field on 3rd october, 1986, by t.s kakkar, superintendent, government centre press, jaipur. in .....
Tag this Judgment!Court : Rajasthan
Reported in : [1984]55STC132(Raj)
..... commercial taxes officer proceeded to attach and sell the tenancy rights in agricultural land, as if he was recovering arrears of land revenue. section 37 of the rajasthan tenancy act had no application to such proceedings which were conducted for recovery of arrears of sales tax as arrears of land revenue, by virtue of the provisions of section 11(3) ..... held that by any stretch the assistant commercial taxes officer could be considered to be an authorised person for conducting the sale under chapter x of the land revenue act. i have no doubt in my mind in holding that the sale conducted by the assistant commercial taxes officer, in the present case, was without jurisdiction and was a nullity.14 ..... orderdwarka prasad, j.1. in this writ petition the proceedings regarding sale of tenancy rights in agricultural land have been challenged.2. the petitioner carried on business in the name and style of m/s. harak chand sagarmal, hanumangarh. demand in respect of the payment of sales tax relating to .....
Tag this Judgment!Court : Rajasthan
Reported in : 1984WLN585
..... society is amenable to the writ jurisdiction of this court under article 226 of the constitution of india. as i have said earlier that the society is neither financed nor is under the administrative control of the government. it is neither instrumentality of the 'state' nor agency of state. i hold that the respondent society ..... the lowest cadre of the officers of the bank are government officers who are administering and managing the affairs, of the bank. it further shows that the finance advanced or guaranted are provided by the 'state' and the activities of the bank are controverted by the bank and its officers. the officers of the state ..... including those who become employees and agents of the corporation on the appointed day under this act'. sub-section (2a) added after sub-section (2) of section 48 by the same amendment provides that regulations and other provisions in force immediately before act no. 1 of 1981 came into force regarding the terms and conditions of service of employees .....
Tag this Judgment!Court : Rajasthan
Reported in : (2008)15VST389(Raj)
..... was considered for tax under residuary entry and 10 per cent tax was levied. the respondent-department passed an order of assessment under section 29 of the rajasthan sales tax act, 1994 whereby jaljira sold by the assessee in different packing was considered as masala. therefore, it was considered in the category of packed masala and was made taxable at the ..... masala for assessment years 1996-97 to 2000-01. however, the respondent-department has passed order dated march 15, 2004 for reassessment under section 29 of the rajasthan sales tax act, 1994 for assessment year 2001-02 by holding that jaljira is a masala and the same falls in the category of packed masala taxable at the rate of 16 per ..... erroneous.22. for the purpose of just adjudication of the case, the contents of jaljira are required to be taken into account which are as follows:s. no. name of item percentage1. salt 40%2. kala namak 1%3. nimbu ka sat (citric acid) 8%4. sonth 10%5. kalimirch 10%6. pudina 10%7. hing 1%8. jira 18%9. .....
Tag this Judgment!Court : Rajasthan
Reported in : (2009)222CTR(Raj)617
..... passed by the cit-i, jodhpur whereby an application moved by the petitioner trust for renewal of exemption under section 80g of the it act, 1961 ('the act') has been rejected essentially on the ground that the petitioner trust made a donation of rs. 71,000 to one oswal chhatrawas, jodhpur ..... per cent of income for renovation of temple would not by itself disentitle the trust from claiming the exemption particularly when there is no clause in the trust deed indicating that the income of the trust was to be applied wholly or substantially for a particular religion. ..... that the petitioner has not fulfilled the requisite conditions in terms of section 80g(5b) of the act and hence, was not qualifying for further exemption under section 80g of the act.2. assailing the order aforesaid, the learned counsel for the petitioner has contended that the learned cit ..... decide on the application at the earliest.in the circumstances of the case, however, there shall be no order as costs of this writ petition. .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2009(3)Raj2596
..... is vehemently argued that the whole basis of initiating action against the petitioner is complaint filed by shri radhey shyam goyal and according to section 24 of the act of 2005 no enquiry can be held and, for the same, he is required to follow the procedure laid down in the rules for conducting the enquiry but the same has ..... the complaint filed by shri radhey shyam goyal may also be quashed and it may be held that the entire proceedings initiated on the aforesaid complaint is without jurisdiction.2. according to facts of the case, it is stated in the writ petition that the petitioner district cricket association is affiliated to the rajasthan cricket association is a ..... 02.2009 may be afforded.5. the contention of learned counsel for the petitioner is that although reply to the notice annex.-p/2 dated 10.02.2009 issued under section 23 (1) (c) of the act of 2005 was filed but without considering the reply so also without providing any opportunity of hearing, straight away, the plea of .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2009(4)Raj3047
..... smt. lalita hundiya (supra) in the light of the judgment of the apex court in the matter of shanker finance (supra) are no more a good law.11. in the instant case, the requirement of section 142 of the act is completely fulfilled and, therefore, the order of taking of cognizance of the offence under section 138 of the ..... record of the case and also the provisions of the act.5. it will be useful to refer the relevant provisions of section 142 of the act which reads thus:142. cognizance of offences.-notwithstanding any thing contained in code of criminal procedure, 1973 (2 of 1974)-(a) no court shall take cognizance of any offence punishable under section ..... the petitioners have approached this court by filing the present petition under section 482 cr.p.c.2. heard learned counsel for the petitioners.3. learned counsel for the petitioners has submitted that a complaint under section 138 of the act only signed by general power of attorney holder is not maintainable because as per section 142(a .....
Tag this Judgment!Court : Rajasthan
Reported in : 2002(2)WLC299
..... -a which reads as under:-'regulation 44-athe following examinations are recognised as equivalent to the high school examination of the university conducted till the year 1957:(2) higher secondary part i examination of the punjab university, chandigarh.(6) matriculation examination (if passed with at least 5 subjects) and the higher secondary examination ..... she was not able to produce the required certificate. being aggrieved, the petitioner issued a notice for demand and ultimately filed the present writ petition.2. it is the submission of the petitioner that higher secondary examination part i is higher than the secondary examination and if she had cleared part i ..... educational documents. the petitioner has passed higher secondary part i examination in the year 1970 from the board of secondaryeducation, rajasthan, ajmer vide certificate annexure-2. she had also attached a letter annexure-3 issued by the state of rajasthan providing that the 1st year of two years higher secondary course is .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2009(4)Raj3109
..... the complaint filed also speaks so.10. in the light of the decision of the apex court in the matter of shanker finance & investments (supra), the judgments cited by the learned counsel for the petitioner are of no help as the same are contrary to what the apex court has decided. the cited judgments in the matters of s.p. ..... is in the name and on behalf of the 'payee'. therefore, the requirements of section 142 of the act are fulfilled.8. the observation so made is fortified by the judgment of the apex court in the matter of shanker finance and investments v. state of andhra pradesh and ors. 2008) 8 scc 536 wherein their lordships of the ..... on the record of the case and also the provisions of the act.5. it will be useful to refer the relevant provisions of section 142 of the act which reads thus:142. cognizance of offences:notwithstanding any thing contained in code of criminal procedure, 1973 (2 of 1974):(a) no court shall take cognizance of any offence punishable under section 138 .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2009(2)Raj1308
..... here that aforesaid order dated 4.12.96 was issued under the signature of officer on special duty(rules), department of finance( rules division), government of rajasthan under the orders of the governor vide order no. edb/record/5912/1/96 dated 27.12.96.5. as noticed above, the appellant had forgone the second promotion ..... by the order under appeal on the ground at availability alternative remedy of appeal under the provisions of rajasthan civil services (service matters appellate tribunal) act, 1976 ( in short 'the act of 1976' hereinafter).6. it is submitted by the learned counsel for the appellant that the order withdrawing the selection grade granted to the appellant ..... the orders of the governor of rajasthan and seeking directions for fixation of his pension treating his actual pay on the date of retirement as rs. 2,950/-, stands dismissed.2. the appellant was appointed as assistant teacher in the department of education , government of rajasthan on 4.s.58. and was later promoted to the .....
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