Court : Rajasthan
Reported in : AIR1960Raj256
..... :'continuance of existing laws in the covenanting states.when the administration of any covenanting state has been taken over by the rajpramukh as aforesaid all laws, ordinances, acts, rules, regulations, and notifications having the force of law in the said state shall continue to remain in force until repealed or amended by a competent authority or unless otherwise provided in this ordinance or any other ordinance, and shall be construed as if a reference in them to the ..... if the then existing laws under which the rights and remedies of the subjects were secured were not repealed even after the formation of the new state, they would continue to operate in those territories, and would continue to be interpreted by the municipal courts of the new state in the enforcement of those rights.7. ..... the united state of rajasthan, but this does not mean that we cannot even look into the terms of the covenant.it is one thing to say that the covenant is not a constitution, that it is an act of the state and that a suit cannot be based simply on that document in the municipal courts of the new state and lit is quite a different thing to use it for evidentiary purposes. ..... have been enforced in the municipal courts until either repealed or repudiated as an act of state. ..... could have been enforced in the municipal courts until either repealed or repudiated; and that not having been done,, the rights were carried over after the constitution when the indian republic was formed with the result that .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2007(4)Raj3184
..... filed under the transfer of property act and with promulgation of rent control act, 2001, old rajasthan premises (control of rent and eviction) act has been repealed, and even if it is assumed that new rent control act has been applied to the municipal area, still the suit as originally filed, is to be decided only on the basis of transfer of property act, and the provisions of the rent control act, 2001 cannot apply, as by repealing the old act, the provisions of new act are not attracted.4. ..... from out of the above provision, after deletion of the words deleted by second amendment act, the remaining part of sub-section (2) would read as under:(2) it shall extend in first instance to such of the municipal areas which are comprising the district headquarters in the state and later on to such of the other municipal areas as the state government may, by notification in the official gazette, specify from time to time.9. ..... for ready reference, i may quote the provisions of sub-section (2) of section 1 of the act of 2001, which read as under:(2) it shall extend in first instance to such of the municipal areas which are comprising the district headquarters in the state and later on to such of the other municipal areas having a population exceeding fifty thousand as per 1991 census as the state government may, by notification in the official gazette, specify from time to time.8. .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2008(1)Raj274
..... filed under the transfer of property act, and with promulgation of rent control act, 2001, old rajasthan premises (control of rent and eviction) act has been repealed, and even if it is assumed that new rent control act has been applied to the municipal area, still the suit as originally filed, is to be decided only on the basis of transfer of property act, and the provisions of the rent control act, 2001 cannot apply, as by repealing the old act, the provisions of new act are not attracted.4. ..... from out of the above provision, after deletion of the words deleted by second amendment act, the remaining part of sub-section (2) would read as under:(2) it shall extend in first instance to such of the municipal areas which are comprising the district headquarters in the state and later on to such of the other municipal areas as the state government may, by notification in the official gazette, specify from time to time.9. ..... for ready reference, i may quote the provisions of sub-section (2) of section 1 of the act of 2001, which read as under:(2) it shall extend in first instance to such of the municipal areas which are comprising the district headquarters in the state and later on to such of the other municipal areas having a population exceeding fifty thousand as per 1991 census as the state government may, by notification in the official gazette, specify from time to time.8. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1978Raj162; 1978CriLJ1445; 1977WLN(UC)540
..... high court observed as under:--'a food inspector can be prevented from obtaining a sample which he is authorised to take in exercise of his power under the act within the meaning of the section 16(1)(b) not only by some overt act, but also by an omission which has the consequence of preventing the food inspector from obtaining the sample from a person selling the article of food concerned. ..... had shown his unwillingness to give sample to the food inspector, but was willing to accompany the food inspector wherever he desired to take him, then it was negative approach of the accused and the act of the accused in not co-operating with the food inspector would not tantamount to preventing the food inspector from taking the sample. ..... same case it was further held that :-- 'it cannot be the intention of the legislature that the food inspector must be compelled by reason of some act or omission of the person selling an article of food to resort to his powers under sub-sections (2) and (5) in every case. ..... this, the decision of the division bench of this court in municipal council, jaipur v. ..... by a division bench of this court in municipal council, jaipur v. ..... of 1970, (municipal council, jaipur ..... of 1969 (municipal council, jaipur ..... 883) (supra) because it was based on municipal board v. ..... 1961 all 103) (supra) which was later on considered by a division bench of the same high court in jaunpur municipality v. ..... high court after making reference to jaunpur municipality v. ..... municipality ..... in municipal board .....
Tag this Judgment!Court : Rajasthan
Reported in : 1981WLN397
..... that the films 'bin maa ke bache' and 'kranti' would not be subjected to payment of entertainment tax at the time of exhibition for a period of six months and the petitioners believing that statement acted by purchasing more copeis of these film as well as entered into contracts with various cinema-theatre owners, learned counsel urged that even though the case does not fall within the term of section 115 ..... doubt the applicant in the case was not directly paying the tax, but he was certainly interested in the matter because he was collection the tax and was paying it to the municipal board and in the case he was the person who was actually threatened with coereive process. ..... of the order, dated 30th july 1981, withdrawing the exemption granted in favour of the petitioners on the following grounds:(i) the state government has exhausted its powers under section 7 of the act of 1957 after passing order regarding exemption from payment of entertainment tax on the exhibition of the above rioted films. ..... gazette, gave an assurance to the petitioners which was intended to affect the legal relationship between the petitioners and others and the petitioners, having relied upon such orders, had acted in pursuance of them and spent huge amounts and entered into various agreements, with other parties. ..... was raised on behalf of the respondents that the petitioner was not concerned in the matter, as he was not required to pay the tax and was only a collecting agent of the municipal board. .....
Tag this Judgment!Court : Rajasthan
Reported in : 2001(1)WLC27; 2002(1)WLN119
..... case the ordinance promulgated by the governor on december 27, 1996 repealing the provisions of section 11 of the act of 1974 provided that it shall come into force atonce. ..... (3), the supreme court held that the repealing act cannot be deemed to have taken away rights vested in any person or authority under the repealed act unless the repealing act expressly or by necessary implication provides therefor.(21) ..... cases the supreme court had categorically laid down that the repealing act cannot be deemed to have taken away rights vested in any person or authority under the repealed act unless the repealing act expressly or by necessary implication provides therefor.it means that the matter or right already accrued will not affect on repealing the statute. ..... the act of 1974 cannot be taken away under the garb of repealing of ..... act of 1974 itself had been repealed. ..... university, jodhpur under section 11(1) and/or 11(14) of the rajasthan universities teachers and officers (selection for appointment) act, 1974 against the year 1992 or in the alternative and without prejudice against the year 1993. ..... opinion that the appellant in both the appeals were quite eligible as per requirement of section 11(1) and 11(4) of the act of 1974 as they substantiated the same by placing on record the relevant materials. ..... the appellant had become eligible under section 11(1) of the act of 1974 according to 1/3rd criteria in the years 1994, 1995 and 1996 and that government should create one post of professor in the .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR2003Raj286; RLW2003(2)Raj1012; 2003(2)WLC465
..... rejecting the contention, the gujarat high court came to the conclusion that without complying with the municipal laws and water (prevention and control of pollution) act, 1974, the petitioner had no right under article 19(1)(g) of the constitution, to carry on business. 36. in ..... the petitioner is aggrieved by the inaction of the respondents, since they allegedly failed to implement the provisions of the water (prevention and control of pollution) act, 1974 (for short, 'the act') and they were not able to check the construction and growth of the unauthorized factories, responsible for discharging toxic wastes and effluents into the canal and on land, and it is pointed out in the ..... in case, the shifting of industries was not possible, then, in that case, the municipal board should make arrangements for the treatment of the effluents, which were being discharged by the industries and domestic sewage. ..... it emphasized that according to the municipal act, it was the statutory responsibility of the municipal board, to take measures, to control and prevent pollution and provide for proper drainage system, in order to obviate danger to health of the ..... 5 further be directed to check the raising of unauthorised construction of factories without compliance of the statutory provisions of section 25 of the act of 1975 and impose penalties on the factories found violating the statutory provision; (iii) any other writ, order or direction which this hon'ble court may deem just and proper in the .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1974Raj197; 1974(7)WLN398
..... the learned judge added that section 31 of the succession act, which repealed the indian act of 1937, itself was repealed by the repealing act no. ..... surviving him or her both male and female heirs specified in class i of the schedule and his or her property includes a dwelling house wholly occupied by members of his or her family, then, notwithstanding anything contained in this act, the right of any such female heir to claim partition of the dwelling house shall not arise until the male heirs choose to divide their respective shares therein; but the female heir shall be entitled ..... -- where this act, or any central act or regulation made after the commencement of this act, repeals any enactment hitherto made or hereafter to be made, then, unless a different intention appears, the repeal shall not- (a) revive anything not in force or existing at the time at which the repeal takes effect; the repeal by section 31 of the succession act completely wiped out the indian act of 1937 and a subsequent repeal of section 31 had not the effect of reviving the indian act of 1937. 12. ..... in vidyaben's case air 1974 guj 23, the widow claimed partion of husband's immovable property. ..... jagdish chandra, air 1974 guj 23 and urged that the question whether the premises for which partition is being sought is a dwelling house wholly in occupation of the members of raja kansingh, was a question of fact to be decided after recording evidence and it .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR2003Raj266; RLW2004(2)Raj749; 2003(3)WLC704
..... the court also noticed that in anwar ali sarkar's case (air 1952 sc 75) (supra), the court opined that if there was a provision for reviewing the conclusions of the investigation commission when acting both as investigators and judges, there might not have been such substantial discrimination in the two procedures as would bring the case within article 14 and has held in surajmal's case (air 1954 sc 545) ( ..... , established or deemed to have been established under the rajasthan municipalities act, 1959 (rajasthan act 38 of 1959); or(ii) an improvement trust, established under the rajasthan urban improvement act, 1959 (rajasthan act 35 of 1959); or(iii) the rajasthan state industrial and mineral development corporation limited or the rajasthan state industrial development and investment corporation limited and constructed in an industrial area developed by any of them; or(iv) a panchayat established under therajasthan panchayat act, 1953 (rajasthanact 21 of 1953); or (v) a panchayat samiti or a ..... it was the case before the constitution bench of 7 judges in which like provisions of bombay municipal corporation act, 1988 and the bombay government premises (eviction) act, 1955 were under challenge inter alia on the ground that two enactments provided two different procedures ; under one enactment, the authority could proceed to file civil suit and under another enactment, ..... then the wakf act 1954 has been repealed and replaced by wakf act, 1995.11. ..... bombay municipality, air 1974 sc 2009 .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1989Raj51; 1988(2)WLN487
..... undisputably the goods in question were re-exported by the indian oil corporation from its depot to its retail out-let for the use or consumption of the ultimate consumer outside the municipal limits and, therefore, the municipal council was not entitled to levy octroi on goods so exported by the indian oil corporation of its retail out-let for use and consumption by the ultimate consumer outside the local ..... pay octroi on goods brought into the local area(s) to be consumed by itself or sold by it to consumers direct, and (b) for sale to dealers who in their-turn sold the goods to consumers within the municipal area irrespective of whether such consumers brought them for use in the area or outside it, but it was not liable to octroi in respect of goods which it brought into the local area and which were re-exported.the ..... had rightly imposed tax for octroi upon any article which is used, sold or consumed within its jurisdiction under section 104(2) of the rajasthan municipalities act.the argument made by the learned counsel for appellant cannot be appreciated that such article is not consumed or sold by the plaintiff so, it should not attract section 104 for imposition of tax, but ..... appeal is directed by the plaintiff-company against the decree of the additional district judge, kota, dated may 7, 1976 whereby the decree of the munsif (south) kota, dated december 16, 1974, dismissing the suit of the plaintiff-company for permanent injunction as against the respondent was confirmed.2. .....
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