Court : Rajasthan
Reported in : RLW2007(4)Raj3186
..... conferring ample powers on the respondents which can be invoked as per the provisions of law an once inconsistent part to the constitution has been removed by the second amendment act, dated 29.4.94 within a period of one year of the period of enactment of part 1x-a of the constitution, in my opinion, the respondent ..... in the municipal bodies and the autonomy of municipal bodies was considered so sacrosanct that safeguards for maintenance of basic democracy and autonomy of civic institutions are provided by amending the constitution by inserting a separate chapter in it.14. this court in the case of nandlal v. the state of rajasthan 1996 (2) wlc (raj) 497 ..... of articles 243 to 243-0 and part-ix-a comprising articles 243-p to 243-zg were inserted to constitution of india by 73rd and 74th constitutional amendment with an aim to revitalise local self government by promoting greater community participation and involvement in development efforts and also in local governance. chapter-ix and ix-a .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR2008Raj28
..... , j.1. the petitioner which is a registered company under the indian companies act, 1956 is challenging the order dated 27-7-1999 passed by the additional collector (stamps), jaipur by which it was required to deposit stamp duty for registration of its amended memorandum of association @ 0.5% ad valorem on the enhanced share ..... per cent of a company-] of the authorizedexemption : share capitalarticles of any association not formed for profit and registered under section 26 of the companies act, 1956------------------------------------------------------------[10-a. amendment in half (0.5) per centarticles of association of of the increase in a company.-] authorized share(i) if relating to increase capitalin authorized share ..... share capital of the company or rs. 500/-, whichever is higher. it is significant to note that article 39 was simultaneously amended by the same rajasthan finance act, 1997 (act no. 9 of 1997) w. e. f. 1-4-1997 by which itself by which article 10-a was inserted in the .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2007(4)Raj3526
..... be gathered from the language used, the object indicated, the nature of rights affected and the circumstances under which the enactment is brought. by civil procedure code (amendment) act, 1976, section 100a was introduced in the code and as a result thereof letters patent appeal against the decision of single judge in second appeal was barred ..... 27. the expression 'notwithstanding', 'is heard and decided' and, 'no further appeal shall lie' in the new section 100a of the code substituted by the amendment act, 2002, are of vital importance and significance. what is the plain meaning of these expressions in the context they have been used? what does not grammatical ..... bombay high court was concerned with the question as to whether section 100a of the code of civil procedure as substituted by code of civil procedure (amendment) act, 2002, affects and restricts the right of further appeal from the judgment of the single judge exercising first appellate jurisdiction arising out of the suit .....
Tag this Judgment!Court : Rajasthan
Reported in : (2007)10VST535(Raj)
..... present case.12. in commissioner of income-tax, west bengal v. anwar ali : [1970]76itr696(sc) , while considering section 28(1)(c) of the indian income-tax act, 1922, which dealt with imposition of penalty, their lordships of the supreme court held that before penalty can be imposed the entirety of circumstances must reasonably point to ..... pay the tax as applicable on the sale of food items in the canteen as the position of taxability of these items was settled by amendment in law consequent to 46th amendment to the constitution of india. he urged that had the assessing authority not carried out any survey at the business place of the assessee, ..... a canteen in factory premises even as per requirement of factories act and other labour legislation is a taxable event under the rst act and is exigible to sales tax under the rst act particularly after amendment in law with effect from april 1, 1987 consequent upon 46th amendment in the constitution of india, but the consideration for imposition .....
Tag this Judgment!Court : Rajasthan
Reported in : 2008(2)WLN167
..... practice of interfering in concurrent findings of two courts below by the high courts even after amendment of section 100 c.p.c. in 1976. the said case pertained to validity of a will under the indian succession act, 1925. paras 80 & 81 of the said judgment of the hon'ble supreme court are quoted below for ready ..... 100 c.p.c. in 1976. the high court would not have been justified in interfering with the concurrent findings of fact in this case even prior to the amendment of section 100 c.p.c. the judgment of the high court is clearly against the provisions of section 100 and in no uncertain terms clearly violates the legislative ..... hon'ble supreme court after discussing the entire spectrum of case law of section 100 c.p.c. regarding maintainability of the second appeal, discussing the case law prior to amendment of section 100 c.p.c. in the year 1976 and discussing as many as 24 judgments right from 1889 privy council to : air2006sc1144 , has strongly deprecated the .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2008(2)Raj1133
..... -laws or notifications is conferred, then that power includes a power exercisable in the like manner and subject to the like sanction and conditions (if any), to add, to amend, vary or rescind any orders, rules, regulations, schemes, forms, bye-laws or notifications so made or issued.12. it will be evident from the quoted section 23 that ..... a consequence of this representation that the director, agriculture marketing board wrote a letter on 20.9.2004 to the administrator, rajasthan state agriculture marketing board, jaipur for amendments in the lay out plan and change in the size of the shops and also requested for giving two gaps in one row of the shops. a meeting of ..... , the same shall be read to be vested in the government by recourse to section 23 of the rajasthan general clauses act, 1955, which inter alia provides as under:power to make or issue to include power to add, to amend, vary or rescind orders, etc. -where, by any rajasthan law, a power to make or issue order, rules, regulations .....
Tag this Judgment!Court : Rajasthan
Reported in : 2008CriLJ613; 2006WLC(Raj)UC295
..... sanction, during the period commencing on the 20th day of august, 1991 and ending with the date immediately preceding the date on which the code of criminal procedure (amendment) act, 1991, receives the assent of the president, with respect to an offence alleged to have been committed during the period while a proclamation issued under clause (1) ..... the benefit of section 197 of the code to the police officer. secondly, the action of the petitioner falls within fifth exception contained in section 499 of the indian penal code. thirdly, the petitioner's action was in discharge of his official duty as sho. hence the provision of section 197 of the code has to ..... were substituted;](2) no court shall take cognizance of any offence alleged to have been committed by any member of the armed forces of the union while acting or purporting to act in the discharge of his official duty, except with the previous sanction of the central government.(3) the state government may, by notification, direct that .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2008(1)Raj665
..... service or prosecution started at the behest of or by the department itself. the said case related to offence under section 302 ipc for which the department cannot be saddled with the responsibility of making payment of full pay and allowances from the date of termination ..... the respondent was involved in a criminal case and he was charge-sheeted for an offence under section 302 read with section 34 ipc along with his brother and though he was convicted by the learned additional sessions judge, rewari for the same by a judgment dated ..... set aside by the high court and the petitioner was acquitted of charges under section 161 ipc and section 5(1)(d) and section 5(2) of the prevention of corruption act. vide order dated 2.6.1998 (anx. 3), on account of setting aside his ..... by the instant writ petition, the petitioner has prayed for an appropriate writ, order or direction to the respondents to amend order dated 2.6.1998 (anx. 3) so far as it relates to not passing any order for treating the .....
Tag this Judgment!Court : Rajasthan
Reported in : 2007(3)WLN160
..... final settlement of their claim; but, they did not accept the offer made by the petitioner company and preferred petition under section 22-b of the legal services authorities (amendment) act, 2002 before the permanent lok adalat, jodhpur.4. after receiving the notice of the said petition, the petitioner company after again offering the sum of rs. 2,48,450 ..... lok adalat could decide the dispute only in such conditions where the parties have failed to reach an agreement under sub-section (7) of section 22-c of the act of 2002. according to learned counsel for the petitioner, sub-section (7) of section 22-c provides that when permanent lok adalat is of the opinion that there ..... the learned counsel for the petitioner that the permanent lok adalat has decided the matter on merit in contravention of sub-section (7) of section 22-c of the act of 2002.11. on the merit, in this case it is not disputed by the petitioner insurance company that the respondent firm has suffered heavy loss on account of .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2008(1)Raj836
..... graduate degree qualification in the concerned subject is indicated in the column relating to teaching/research experience. he submitted that the qualifications prescribed in the amended university ordinances for teachers in the subject of dentistry are exactly those which have been prescribed by the mci regula-tionsjncluding for the post of assistant ..... that the learned single judge erred in law in not appreciating that the eligibility criteria notified by the r.p.s.c. was contrary to the amended as also the unamended university ordinances, and the rajasthan medical service (collegiate branch) rules, 1962, each of which provided the post graduation degree as ..... in various dental colleges or prescribing the qualification for teaching staff. there is although other central enactment known by the name of 'indian medical council act, 1956', which also provide for the recognition of medical qualification, setting up of new medical colleges and registration of the medical practitioner. section .....
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