Court : Rajasthan
Decided on : Jan-20-1961
Reported in : AIR1962Raj190
..... we hold that article 254 of the constitution can have no application in such a case.13. it follows from what we have stated above that the act of 1950, as amended by the amending act of 1957, in so far as it has been made applicable to the cantonment of nasirabad is ultra vires the legislature of the state. it must further ..... , and that that power was left to the state legislatures under list ii, and, that, in this view of the matter, the state legislature was competent to enact the amending act of 1951 and to apply it to the cantonment area of deolali.10. the last case, to be referred to in this connection, is kewalchand keshrimal v. dashrathlal pyarelal, ..... to as the amending act of 1957), and published in the rajasthan. gazette extra ordinary part 4 (a) at page 157 of the same date. prior to this, the delhi and ajmer rent control act no. 38 of 1952 (hereinafter referred to as the act of 1952) was in force in the nasirabad cantonment area. this act was passed by the indian parliament and was .....
Tag this Judgment!Court : Rajasthan
Decided on : Feb-08-1961
Reported in : [1962]45ITR317(Raj)
..... time being in force to be recoverable in the same manner as an arrear of revenue; and(d) all sums declared by the rajasthan public demands recovery act, 1952 (rajasthan act v of 1952), or any other enactment for the time being in force to be public demands or recoverable as arrears of public demands.'the various clauses ..... the first point. in our opinion it is not essential in such a case to serve a second notice of demand under section 29 of the act. under the law the certificate officer if empowered to amend to the certificate. thus where the tax due is scaled down by the appellate authority, the certificate can be suitably ..... petitioners firm preferred an appeal to the appellate assistant commissioner against the order of assessment passed by the income-tax officer, after an application under section 27 of the act requesting the income-tax officer to cancel the ex parte assessment had failed. the appellate assistant commissioner by his order dated 10th april, 1959, partially accepted the .....
Tag this Judgment!Court : Rajasthan
Decided on : Feb-15-1961
Reported in : (1961)IILLJ240Raj
..... including purchasing commission, if any, shall be based on a percentage of net profit as defined in section 87(c)(3) of the indian companies act, 1913 (vii of 1913), and shall not exceed-- (a) in respect of the first rs. 6 lakhs of such net profits-- ..... be available for use even though it may not have been actually put into use. by section 27 of act 101 of 1956 the provision has been amended and clause (a) of sub-para, (1) of para. xvii has been worded as follows:the original ..... cost could be taken into account in the computation of the capital base. it is true that this amendment does not apply to the present case but the amendment, in our opinion, has simply clarified the intention of the law as it previously was. in other ..... learned judge. learned counsel for the respondent has in this connexion drawn our attention to statement no. ii of annexure v of the indian electricity rules, 1956, which refers to the form for making a statement of capital expenditure for a particular year. in that, under .....
Tag this Judgment!Court : Rajasthan
Decided on : Oct-09-1961
Reported in : AIR1963Raj172
..... that it may reject it or return it to the academic council for reconsideration either in whole or in part, together with any amendments which the syndicate may suggest. thus the scheme of the act is to place the question of admission to the university or its examinations and courses of study etc., primarily under the control of ..... of the university of rajasthan. on these premises, the learned counsel has tried to suggest that there was only a misplacing of that resolution by incorporating it as an amendment to ordinance no. 252, whereas it should have found a place in chapter xxxviii of the' 'laws, statutes, ordinances, regulations and rules of the university.'the ..... . 252 of the university? the ordinance is to the following effect:'252. a candidate who, after taking the bachelor's degree of the university or of an indian university recognised for the purpose by the syndicate, with full course prescribed for the degree, has completed a regular course of study in an affiliated college for one .....
Tag this Judgment!Court : Rajasthan
Decided on : Oct-24-1961
Reported in : AIR1962Raj258
..... . 10 of 1897), which provides that a power to issue notifications, orders, rules, or bye-laws under the act or regulation includes a power exercisable in the like manner and subject to the like sanction and conditions to add to, amend, vary or rescind any notifications, orders rules or bye-laws so issued. wanchoo, c.j. who delivered the judgment of ..... was no diminution of the accrued benefits, and in this view of the matter held that the provisions of article 311 of the constitution or of rule 55 of the indian civil services (classification, control and appeal) rules would not be attracted into application.12a. it may be noted, however, that the rules which were in force in 1958 with ..... rules of 1958 on which the decision of this court in gangaram's case, ilr (1961) 11 raj 371 (supra) was based as well as from rule 55 of the indian civil services rules which have been referred to in shyamlal's case, air 1954 sc 369, (supra) and under rule 15(vi) of these rules, it appears that compulsory .....
Tag this Judgment!Court : Rajasthan
Decided on : Nov-06-1961
Reported in : AIR1962Raj181
..... goods, shall affect the responsibility as in this section defined of a railway administration.'' sub-section (2) of section 72 has since been deleted by the railway (amendment) act no. 56 of 1949. the next relevant provision of law is section 47, which empowers a railway company or in the case of a railway administered by the ..... illegal and meant only to while away time. the defendant admitted that the goods were auctioned but pleaded that the auction was made under section 56 of the indian railways act, as the plaintiffs failed to take delivery. the defendant also pleaded that he was amply protected by risk notes a and b and as the owners declared ..... prasad ishwar purbey v. union of india, air 1960 pat 571. mr. shrikishanmal lodha, appearing for the plaintiff-respondents relied upon the following cases: 1. sohanpal munnalal v. east indian railway, air 1922 all 9; 2. governor-general in council v. l. jagannath, air 1943 lah 244; 3. chhatumul chowthumul v. union of india, air 1955 cal 264 .....
Tag this Judgment!Court : Rajasthan
Decided on : Dec-08-1961
Reported in : AIR1962Raj218
..... the territories of the existing state of ajmer.it also deserves to be pointed out here that after the states reorganisation act had received the assent of the president on the 31st august, 1956, the constitution (seventh amendment) act, 1956, had been brought into force on the 1st day of november, 1956, which was also the appointed day ..... under the states reorganisation act, 1956, and by section 2 of this act for the first schedule to the constitution as amended by the states reorganisation act, 1956, and the bihar and west ..... have any application in the case of a central act which was in force throughout the indian union, as the act with which we are concerned was.we may also point out that before the 1st november, 1956, both the pre-existing states of ajmer and rajasthan had amended the schedule so as to incorporate in part i .....
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