Court : Rajasthan
Reported in : (2008)16VST387(Raj)
..... it may be noticed here that in the meantime another matter has reached before the apex court arising from the punjab and haryana high court relating to 'haryana local area development tax act, 2000' : challenge has been laid to the validity of the said haryana act on two grounds : firstly, that the act is violative of article ..... order to augment the revenues of the state and to enable it to meet the increased requirements of development in rural and urban areas, additional resources are required to be generated.(2) the states of madhya pradesh and karnataka have enforced entry tax with the help of the sales tax department during last twenty years or so.(3 ..... premise, the court opined with reference to section 22 of the haryana act that it envisaged giving of tax to local bodies for utilisation for the development of local area by itself did not indicate that tax was levied for providing facilities to trade and commerce specifically.70. the aforesaid decision fortifies us in our conclusion .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR2008Raj90; RLW2008(2)Raj1627
..... is reported in : [1964]4scr461 , state of orissa v. m.a.tulloch & co., where the hon'ble apex court considered the validity of the orissa mining areas development fund act. referring to the aforesaid case, learned counsel for the petitioners submitted that pursuant to the union competence, as per entry 54 of union list, having enacted mines ..... and minerals (regulations and development) act of 1957, the state was not competent to make legislation on the same subject- matter. the another judgment cited by the learned counsel for the petitioners ..... 2 (d) of the act as follows: dead rent means the minimum guaranteed amount to royalty payable yearly by the lessee under the miens and minerals (regulation and development) act, 1957 (central act 67 of 1957) and the rules made thereunder or under an agreement for a mining lease. 4. the question of validity of .....
Tag this Judgment!Court : Rajasthan
Reported in : 1992CriLJ1335; 1991(2)WLN398
..... , it is necessary to refer certain relevant provisions of the act.the juvenile justice act, 1986 has been enacted to provide for care, protection, treatment, development and rehabilitation of neglected or delinquent juveniles and for the adjudication of certain matters relating to, and disposition, delinquent juveniles. it is not disputed before me ..... competent authorities and institutions for juveniles.section 5 of the act provides for juvenile courts to be constituted by notification by the state government for any area specified in the notification, for exercising the powers and discharging the duties conferred or imposed on such court in relation to delinquent juveniles under this ..... is very much relevant is reproduced below :--powers of board and juvenile court --(1) where a board or a juvenile court has been constituted for any area, such board or court, shall, notwithstanding anything contained in any other law for the time being in force but save as otherwise expressly provided in .....
Tag this Judgment!Court : Rajasthan
Reported in : 2001CriLJ800; 2001(2)WLC632; 2000(3)WLN39
..... opposed the submission contending that such an issue cannot be agitated at this stage as it tentamounts to examining the case on merit.(123). in state anti-corruption bureau, hyderabad & anr. vs. p. suryaprakasam (145), the hon'ble apex court has held that in view of the provisions of sections 239 and 240 cr.p.c ..... an uncalled for stage nor it can 'soft- pedal the course of justice' at a crucial stage of investigation/proceedings. (vide emperor vs. khwaja nazir ahmed (1); state of karnataka vs. l. muniswamy (2); kurukshetra university vs. state of haryana (3); state of west bengal vs. swapan kumar guha (4); madhavrao jiwaji rao scindia vs. sambhajirao chandrojirao ..... supreme court has held as under:'for over-mentioned reasons, we hold that the operation of section 4(2) of the code is straightway attracted to the area of investigation, inquiry and trial of the offences under the special laws..... and consequently, section 167 of the code can be made applicable during investigation or inquiry .....
Tag this Judgment!Court : Rajasthan
Reported in : (2005)197CTR(Raj)1; [2006]283ITR486(Raj); 2004(3)WLC425
..... the growing operation as per scientific study undertaken since 1890 reveals that tea growing operations include seed production, clonal selection, tea nursery management, transplanting, development of bushes and subsequent pruning and plucking; the soil management, and the ultimate replanting of the stand. with plucking of tea leaves, the agricultural ..... units amongst other industries. these industries were listed as 'thrust sector' industries. the incentive scheme issued vide notification dt. 19th june, 1991, under the karnataka act envisaged exemption in respect of goods manufactured and sold by new industrial units. vide earlier notification dt. 25th july, 1990, which was published in karanataka ..... it amounts to production, which is a word of wider connotation. therefore, it being an industrial undertaking set up in the backward industrial area and fulfilling all other conditions, is entitled to avail the benefit of deduction equal to 100 per cent of its profits derived from its business .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2005(1)Raj682; 2005(1)WLC548
..... are two sets of statutory provisions for recruitment on the post of teacher gr.iii i.e., for teachers working under the rural development and panchayati raj and other teachers in the urban areas under the control & supervision of education department.14. before we proceed to deal with the aforesaid contentions, it would be appropriate to ..... kept in cold storage and candidates dictate by various considerations are being recruited as a matter of course.'69. in ramakrishna kamat and ors. v. state of karnataka and ors. (2003(3) scc page 374), the appellants were appointed as teachers in various schools by zila parishad after being selected by betterment committees on ..... linguistic minorities as part of the syllabus. the scheme for primary education was upheld by the apex court in english medium students parents association v. state of karnataka (1994(1) scc 550). learned counsel has also referred to the state service rules of the rajasthan services, wherein provision has been made either to the .....
Tag this Judgment!Court : Rajasthan
Reported in : II(1993)ACC193; AIR1993Raj38; 1993(1)WLC86
..... the weight of these observations made by the hon'ble supreme court it is not proper to accept the view taken by the learned single judge of the karnataka high court. it is not necessary that an officer, who is appointed to hear the objections though he may be an ex officio director of the corporation would ..... the state government may formulate a proposal regarding a scheme giving particulars of the nature of the services proposed to be rendered, the area or route proposed to be covered and other relevant particulars respecting thereto and shall publish such proposal in the official gazette of the state formulating such proposal and ..... road transport service and it is in the public interest that the road transport services in general or any particular class of such service in relation to any area or route or portion thereof should be run and operated by the state transport undertaking whether to the exclusion, complete or partial of other persons or otherwise, .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2005(2)Raj2366; 2004(5)WLC181
..... central cooperative societies, and for the primary agriculture credit co-operative societies, large are multipurpose co-operative societies, farmers service societies, agriculture marketing societies, primary land development banks, urban banks, consumer societies, dairy co- operative societies, weaver's co-operative societies, housing co- operative societies and for all such co-operative societies ..... state enactment to be necessarily brought within the province of article 31a.64. article 31a was substantially amended vide constitution (fourth amendment) act, 1955. the area of immunity provided under article 31a was expanded and clauses (b) to (e) were added, making any law on any of the respective subject ..... amending acts, it would be difficult to hold that president had never assented to the parent act viz. hyderabad act no. xxi of 1950.'24. it was a case in which parent hyderabad act no. xxi of 1950 providing for acquisition of estate had not received assent of the president. however, .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1994Raj53; 1994(3)WLC360
..... of the scheme was mandatory only when the work is undertaken by the trust. the state government, in any of its departments, may decide to develop the urban area under the landacquisition act and in that case it would not be necessary for the government to have a scheme framed under chapter v of the act ..... proper supervision and chalking out of suitable improvement schemes on modern lines, it is considered necessary with a view to achieving the improvement of such neglected urban areas, to provide for theestablishment of improvement trusts to empower them to raise funds to frame improvement schemes, to execute them and to exercise some municipal powers during ..... act being specific will prevail over the land acquisition act in matters of acquisition.48. under the improvement act, land can be acquired for improvement of the urban areas. for that purpose, a scheme has to beframed and, thereafter, submitted to the state government for sanction. under the land acquisition act, land can be acquired .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1998Raj266; 1998(3)WLC336
..... that the state government shall be fully authorized to control road transport facility having regard to the advantages offered to the public, trade and industries by developing of transport including the desirability of coordinating road and rail transport, the desirability of preventing the deterioration of the road i system and desirability of preventing ..... , whether to the exclusion (sic) confer or partial of other persons or otherwise, no person other than the star transport undertaking may operate on the notified area or notified route except as provided in the scheme itself. in this regard, it has been provided as referred to in the relevant provisions of the act. ..... may be, may if it considers necessary in the public interest, allow to the permit holders other than the state transport undertaking, overlapping of the , notified area, route or portion thereof, which shall, in no case exceed 10 kms. with the condition that such permit holders shall not pick-up or set-down passengers .....
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