Court : Rajasthan
Reported in : AIR1959Raj149
..... it is not proper to say that simply because the word 'court' was used in the sense of the courts of british india in the preamble, the same meaning must be attached to the word wherever it occurs in the enacting portions of the act without looking to the subject or context in which it has been used.the word 'court' has not been defined in section 2 of the act. ..... is the restricted meaning of the word as used in the preamble, the same meaning must be attached to the word where it occurs in the enacting portions of the act. ..... 26-3-1958 and at that time it was urged by learned counsel for appellants that the trial court had committed an error in giving benefit of section 14 of the indian limitation act since the courts at beawar and at ajmer were 'foreign courts' and s, 14 was not applicable to civil proceedings in foreign courts.learned counsel for respondents urged in reply that by the time the present suit was filed, the former kishangarh state had acceded to the dominion of india and thereafter it became a part ..... proceeded to observe after referring to the limitation act that 'its preamble shows that the 'courts' to which it applies are courts in british india, not foreign courts. ..... learned counsel for the appellants has urged that even if it be assumed that the cause of action to the respondents accrued on 14-9-1943 as asserted by them, the suit became time barred on 14-9-1946 and thus according to him, it was obviously beyond limitation on 16-6-1949 when it was filed in the court of .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2007(4)Raj2973; [2008]81SCL260(Raj)
..... their lordships of the supreme court on consideration of the provisions of the fera, in para 22 of the judgment had following observations to make:the act was enacted, as indicated by its preamble, for the conservation of foreign exchange resources of the country and the proper utilisation thereof in the economic development of the country. ..... hora, learned counsel for the petitioner further argued that the fera has now been repealed by the foreign exchange management act, 1999 (for short 'the fema')- section 8 of the fema provides that save as otherwise provided in that act, where any amount of foreign exchange is due or has accrued to any person resident in india, such person shall take all reasonable steps to realise and repatriate to india such foreign exchange within such period and in such manner as may be specified by the reserve bank. ..... the petitioner in this writ petition has prayed for mandamus to the effect that the respondents be restrained from continuing with the departmental proceedings initiated against him under sections 50 and 51 of the foreign exchange regulation act 1973 (for short 'the fera').2. .....
Tag this Judgment!Court : Rajasthan
Reported in : (2004)186CTR(Raj)1; [2004]268ITR305(Raj)
..... excise act, the ordinance read with the preamble and the excise (amendment) rules is the amount of consideration receivable by the state government for parting with its exclusive privilege or right in dealing with liquor or drugs including the exclusive privilege of vending foreign liquor in favour of a private party under a licence. ..... excise act, the ordinance with its preamble and the excise (amendment) rules connotes the idea of payment of a sum by a person to the grantor of a licence as consideration for conferring upon such person by the grant of shop licence, the exclusive privilege or right to carry on certain activities in respect of country liquor or foreign liquor or intoxicating liquor within any local area of u.p. ..... the assessee which was petitioner in the said decision is manufacturer and vendor of indian made foreign liquor which is an excisable article within the meaning of rajasthan excise act, 1950, and it has been issued licence to manufacture and vend indian made foreign liquor. ..... the bottling fee for acquiring right of bottling indian made foreign liquor, which is determined under rajasthan excise act, 1950, and rule 69 of the rajasthan excise rules, 1962, is payable by the respondent-assessee as consideration for acquiring this exclusive privilege. ..... excise act, the ordinance read with the preamble and the. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1953Raj12
..... to have been committed by a person, not being a europeanbritish subject, in a part b states or in the territories of any state outside india not being a foreign state, and such person escapes into or is in the territories to which this act applies, and the regional commissioner in or for such state issues a warrant, addressed to the district magistrate of any district in which such person is believed to be, or if such person is believed to be in any presidency town to the chief presidency magistrate of such town, for his arrest and delivery ..... in this behalf, the adaptation of laws order 1950 provides as follows : 'the indian penal code (xlv of 1860) -- preamble -- for 'the provinces of india' substitute ' the whole of india except part b states;' 'the code of criminal procedure, 1898 (v of 1898) -- after clause (t) insert -- (tt) 'state' means a part a state or a part c state, and 'states' means all the territories for the time being comprised within part a states and part c states. .....
Tag this Judgment!Court : Rajasthan
Reported in : 2001(4)WLC60; 2007(2)WLN472
..... therefore, the decisions cited by shri mathur do not render any assistance in advancing the cause of the defendants, because the defendants have failed to establish their contention as to the exclusion of civil court's jurisdiction to entertain the suit based on malafide alleged aginst the defendants for shifting of location of shops duly approved by them at the time of grant of license for contract of the retail sale of coutry liquor, foreign or inddian made foreign liquor.13. ..... mathur, learned counsel for the petitioners (excise department) contended that the injunction has been sought by the plaintiffs against order/notice issued by the defendants in exercise of their powers vested under the excise act and only remedy against it is provided under the act itself but a civil suit is barred by virtue of section9-b thereof thereby civil court has no jurisdiction under the provisions of section 41(h) of the specific relief act read with section 9 cpc so also order 7 rule 11 (d) qpc which places a specific bar ..... the rajasthan excise act, 1950, as its preamble envisaged, was enacted with an intent to consolidate and amend the law in rajasthan relating to the import, export, transport, manufacture, sale and possession of intoxicating liquor and of drugs. ..... kalawati hari singh chaudhary and party carrying in business of country and foreign wine & beer under the contract for the year 1999-2000 sanctioned by the excise department of govt. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1959Raj206
..... a very elaborate review of indian and foreign decisions on the point held in favour of the constitutional validity of the provisions of the act of 1946 and the orders issued thereunder except in one case where the central government had provided no check or conditions for the exercise of discretion by the controller to whom power to fix maximum prices had been delegated in that regard.the learned judges held that it was open to the indian legislature both at the centre and in the states to delegate to an outside instrumentality the carrying into operation of the purpose of an enactment. ..... in the fact that the act was a temporary powers act, but in the fact that the preamble and the body of the sections in the act in question sufficiently formulated the legislative policy; and the character of the act was such that the details of the policy could only be worked out by delegating that power to subordinate authority within the framework of that policy and that there was no delegation of essential legislative powers.he has also argued that the said decision is no authority for the contention that under sub-section (3) clause (c) of section 3 of the act no principle .....
Tag this Judgment!Court : Rajasthan
Reported in : 1984WLN402
..... has been held that it cannot be said that the timber included in the definition is wholly unconnected or foreign to the rajasthan agricultural produce markets act, 1961. ..... known if the words are clear, the preamble cannot restrict the connotation of the meaning or artificial meaning and defined as such in the body of legislation ..... that be the proper way of construing the section, there is an end of the matter, and the obligation by way of covenant which rests on the plaintiffs is one which the defendants are bound under the sub-section to commute.it is further stated that the words 'or otherwise' must be construed according to the ejusdem generis ..... benoy kumar sahas roy (supra) : [1957]32itr466(sc) it has been held that the term 'agriculture' cannot be confined merely to the production of grain and food products for human beings and beasts but must be understood as comprising all the products; of the land, which have some utility either for consumption or for trade and commerce and would also include forest products such as timber, sal and piyasal trees, casuarina plantations, ..... open for the subordinate legislation in view of section 40 of the act to notify in the schedule the commodity or articles which, if sold in the market can be subject to the market fee. ..... vaisey of chancery division:an easy way of handling the matter to say that the words 'or otherwise' in the first of the two contexts in which those words appear in the sub-section are general application and mean exactly what .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2009(2)Raj1657
..... division bench dismissed the writ petition holding that the decision to allot the land was taken by the jda in public interest as sez was being set up for economic growth of the country with a view to attract investment and generate foreign exchange through export of goods and services. ..... having considered the rival submissions and pleadings of the parties, it is held that the provisions of law pertaining to the jda act and the rules of 1974 were fully observed, and thus, the decision was taken on the basis of recommendation of bidi which is the highest policy-making body of the state.24. ..... he also contended that under section 90 of the jda act, it has been provided that the authority will exercise its powers and perform its duties under the act in accordance with the policy framed and the guidelines laid down from time to time.7. mr. ..... learned counsel, therefore, submitted that in the facts and circumstances of the case, there was no need for the state authorities or the jda to invite tenders after publishing notice in the newspapers; the principles of natural justice, thus, was fully subserved nor the action of the authorities can be said to be violative of article 14 of the constitution.11. ..... its preamble contains the mission statement and its objectives. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1973Raj242; 1972()WLN1072
..... in the case before us while recognising the undisputed love for gold in india both as an article of adornment and investment and after taking into account our meagre production thereof and with the knowledge of a widespread smuggling from varying channels corrupting the economy of the country and thereby denuding our precious foreign exchange, the gold control act was brought on the statute book. ..... control officer to examine the accounts relating to the receipt, deliverv or sale of any sold, of any person who advances any monev on the hypo-thecation, pledge, mortgage or charge of any article or ornament and if any gold is found in the possession of such person which is not entered in such accounts or which is in excess of the quantity shown in such accounts and which is not otherwise accounted for to the satisfaction of such officer, such gold shall be deemed to be in the possession of such person in contravention of the provisions of the act. ..... the first question to be considered is, whether there is any thing in the act or the rules regarding the filling up of the form gs iii which constituted an unreasonable restriction on the part of a pawn-broker to hold, acquire or dispose of property or carrying on his business of monev lending unreasonable within the meaning of article 19(1)(f) and (g) of the constitution not saved by sub-clauses (5) and (6) thereof. ..... the preamble of a statute can be pressed into service to ascertain the obiects of a statute. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1970Raj111
..... by his widow, it was held on the construction of english workmen's compensation act of 1925 that: 'in considering whether the case came within section 1(2) of the workmen's compensation act, 1925, it must first be ascertained, disregarding the prohibition contained in the regulation whether the workman's death was due to an accident arising out of and in the course of his employment; if it did, the effect of the prohibition in removing the accident from that category could be annulled if the later conditions in the subsection as to the act being done by the workman for the purposes of and in connection with his ..... in order to claim compensation the employee has to show not only that at the time of the accident he was in fact employed on duties of his employment, but further that the immediate act which led to the accident was within the sphere of his duties and not foreign to them. ..... as for the second contention the act as appears from its preamble was enacted to provide for the payment by certain classes of employers to their workmen of compensation for injury by accident. .....
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