Court : Rajasthan
Reported in : AIR1960Raj25
..... the mayor could not adjourn the meeting without the consent of the members. the mayor's attention was drawn to section 88 (m) of the hyderabad municipal corporation act (no. 2) of 1956 which, let it be noted, is exactly worded like section 55 of the regulation we have been called upon to consider in this case.nevertheless the ..... them exhaustively. in the aforesaid case it was held that an order passed by the state government under section 53-a of the c. p. and berar municipalities act (no. ii) of 1922 appointing an executive officer for a certain period with certain powers was a merely administrative order, and that it was more a matter of policy rather than ..... it, and (4) that the aforesaid order was in any event, an administrative or executive order and that under section 242 (2) of the regulation, the government was under no obligation to act judicially and did not act as a judicial or a quasi-judicial tribunal and, therefore, it was not amenable to writ or order of certiorari.16. the .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1960Raj105
..... the discharge of the duties by judge in court is relevant for purposes of interpretation of the term as used in section 44(2) of the motor vehicles act.36. members of the bar are no doubt part of the judicial machinery. however, the functions that are performed by lawyers are different from those of the bench. members ..... who delivered the majority judgment, held that when the services of a member had ceased to be available to the tribunal, the remaining members by themselves had no right to act as the tribunal and for this reason the award of the industrial tribunal was without jurisdiction. his lordship, the chief justice, further observed as follows:'the ..... were disqualified to be members of the board since both of them were members of the state transport advisory board which deals with finances and other matters of the state transport undertaking. no such objection regarding want of jurisdiction was raised before the board and the objection on the score of jurisdiction was raised for the .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1960Raj92
..... of the provision of article 277 of the constitution. as soon as the income tax was imposed in the territories of rajasthan by the finance act, 1950 made by parliament it was no longer open to the state to collect this royalty. so far as the state is concerned therefore the consideration for the agreement became ..... in our mind that it was the intention of parliament to repeal all laws granting privileges and immunities from excise duties.under section 37(2)(xvii) of the central excises and salt act, 1944, the central government has power to make rules ..... salt act 1944 was extended to rajasthan and under section 13(2) all the existing corresponding laws in force in rajasthan on that day were repealed. the explicit language used m section 13(2) coupled with the fact that parliament must have been aware of the recommendations made by the indian states finances enquiry committee leaves no doubt .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1960Raj177
..... under the condition mentioned in the deed to which reference has been already made.on the above facts, we are definitely of the opinion that respondent no. 2 had no jurisdiction to cancel the transfer made in favour of the petitioner and his order is wholly without jurisdiction. it has thus to be treated as a nullity ..... preliminary objection in these circumstances, as stated, cannot be accepted.19. we now propose to examine the contention of mr. beri, whether the order of respondent no. 2 is without jurisdiction and therefore a nullity and should be ignored. it will be useful in this connection to refer to the relevant provisions of the displaced persons ..... of prohibition or any other appropriate writ in the nature thereof restraining the said respondent from acting on the order of the deputy chief settlement commissioner, new delhi, (who is now respondent no. 2 in the amended writ petition) cancelling the transfer of property no. a. m. c. xix/165 (now amc. xxi/213) made in his favour .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1960Raj256
..... serve that state till the administration of the state was made over to the saurashtra government on 16-3-1948. the ruler of wadhwan state had promulgated a dhara (act) no. 29 of st. 2004, under which the age of superannuation for the state civil servants was fixed at 60. the officer thus became entitled to remain in service ..... the constitution is correct.13. articles 294-300 occur in part xii, chapter iii, of the constitution. chapter i deals with finance, chapter ii with borrowings, and' chapter iii, with which we are concerned, with property, contracts, rights, liabilities, obligations and suits. the articles contained in this chapter are integral parts ..... ruler or government of that state shall be construed as a reference to the rajpramukh, or, as the case may be, to the government of rajasthan.(ii) in this section 'law' means any act, ordinance, regulation, rule, order, or bye-law which, having been made by a competent legislature or other competent authority in a covenanting state, has .....
Tag this Judgment!Court : Rajasthan
Reported in : 1961CriLJ406
..... on the ground that it is smuggled as originally proposed.in the second instance, the amendment proposed was of general application to all smuggled) goods. by enacting clause (2) parliament limited it only to gold, gold manufactures, diamond and other precious stones, cigarettes and cosmetics and any other goods which the central government may by a. ..... belief that they are smuggled goods, the burden of proving that they are not smuggled goods shall be on the person from whose possession the goods were seized.(2) this section shall apply to gold, gold manufactures, diamonds and other precious stones, cigarettes and cosmetics and any other goods which the central government may, by ..... on the import of gold in india. on that day notification no. 53 dated september 4, 1939 was issued by the finance department of the central government in exercise of the powers conferred by section 19 of the sea customs act. it prohibited import or export of gold into british india from or to any place other than .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1962Raj24
..... the limits of that board. the validity of this tax was challenged by a writ application on the ground that certain provisions of the u.p. municipalities act (no. ii) of 1916 had been contravened.the procedure which was required to be followed for the imposition of this tax or other similar taxes appears to have been laid ..... co., ltd., v. commercial employees association, madras, air 1952 sc 179, the question arose before our supreme court whether section 51 of the madras shops and establishments act no. 56 of 1947 which reads as follows, would deprive the high court from exercising its writ jurisdiction on the ground that the decision of the labour commissioner has been ..... raise objections to them and that the rules are merely procedural and they are merely a reproduction of the provisions contained in chapter iva introduced into the act of 1939 by act no. 100 of 1956 and that what really matters is the scheme or schemes initiated under the rules which have been already published, and it is .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1961Raj130
..... where the sales tax commissioner who was not only the departmental head, but also the revising authority and final quasi-judicial authority under section 14(2) of the sales tax act, issued a confidential circular to sales tax officers, who were the assessing authorities saying that ground-nut oil is not an edible oil and should ..... the disposal of applications for permits. under the law prior to the amendment the relevant consideration was the adequacy of the existing services and there was no provision for consideration of prospective services.the amendment having permitted the consideration of the prospective services do contemplate rejection of applications on the basis of prospective ..... (malik ram's application), the facts are these. malikram claims to be permit holder on the jaipur ajmer route. the bus operators opposite parties nos. 2 to 21 are bus operators on the jaipur kishengarh routes. their non-temporary permits expired on or about the 31st october, 1959. their applications for .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1961Raj39
..... . the income tax officer however raised an objection that the documents which he was asked to produce were confidential under sec, 54 of the income tax act and the court had no power to order their production. on this objection, the court passed aa order on 26th march, 1957, holding that the vakalatnama was not protected under ..... income tax officer, jodhpur for producing the following documents : (1) vakalatnama filed by the plaintiff on behalf of his clients before the income tax officer, jodhpur. (2) order-sheet of proceedings before the income tax officer showing the appearance of the plaintiff on behalf of his clients on different dates, and (3) an application filed ..... officer, jodhpur, against an order dated 26th march 1957 passed by the additional civil judge, jodhpur, in a suit for the recovery of money pending before him. 2. the suit has been instituted by an advocate for recovering his fees for appearing before the income tax officer on behalf of certain assessees. in order to prove .....
Tag this Judgment!Court : Rajasthan
Reported in : [1961]42ITR308(Raj)
..... the income-tax officer however raised an objection that the documents which he was asked to produce were confidential under section 54 of the income-tax act and the court had no power to order their production. on this objection the court passed an order on march 26, 1957, holding that the vakalatnama was not protected under ..... not appear to have been the intention of the legislature to save all documents produced before the income-tax officer under the provisions of the income-tax act irrespective of their nature. the ratio decidendi in the above bombay case was that only those documents which were relevant for purposes of assessment came under the ..... the income-tax officer, jodhpur, for producing the following documents :(1) vakalatnama filed by the plaintiff on behalf of his clients before the income-tax officer, jodhpur,(2) order sheet of proceedings before the income-tax officer showing the appearance of the plaintiff on behalf of his clients of different dates, and(3) an application .....
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