Court : Rajasthan
Reported in : RLW2007(2)Raj1421
..... that in spite of the fact that the reference was made in respect of the termination of the service w.e.f. 31.1.1996, the labour court amended that date of termination and came to the conclusion that services of the workmen stood terminated illegally from 31.12.1995, stayed the operation of the impugned award. ..... sc 95 chandu lal v. the management of pan american world airways : (1985)iillj181sc sain steel products v. naipal singh and ors. air 2001 scw 2426 o.p. bhandari v. indian tourism development corporation ltd. and ors. : (1986)iillj509sc and arjun singh and 4 ors. v. laobur court, jodhpur and ors. 2004 (4) wlc (raj.) 145 : rlw 2000( ..... parties could have relied upon the evidence which was recorded before the reference was amended. this judgment in my view may provide some guidance for deciding the controversy which in the present matter.15. a reference to the provisions of section 10 of the act of 1947 for deciding the present controversy would be relevant and therefore, the aforesaid .....
Tag this Judgment!Court : Rajasthan
Reported in : (2007)208CTR(Raj)159; [2008]300ITR372(Raj)
..... separated from those other goods, the whole of such goods, including the gold, shall be liable to be confiscation.(4) on and from the commencement of gold (control) amendment act, 1971 (21 of 1971), the proviso to sub-section (1) shall also apply to any gold or other thing which is liable to confiscation under sub-section (2 ..... and upto the tribunal, the finding was affirmed. on a reference being submitted to the high court in terms of directions issued under section 66(2) of the indian it act, 1992, the high court set aside the additions made on account of undisclosed income in relation to said amount. on appeal, affirming the judgment of the high ..... was found in possession of the aforesaid primary gold and gold ornaments by customs authority apprehending the possession of the assessee in breach of provisions of gold control act. however, with clear finding reached by the cegat, which was though not binding but was relevant material to go into consideration, the assessee has displaced the .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2007(1)Raj241
..... matter was remanded back to the learned trial court. then, in bharatpur wholesale sahakari upbhokta bhandar ltd's case it was held, that prior to amendment ordinance of 1975, the rent control act did not contemplate for splitting up of the premises for the purposes of passing a decree for partial eviction, but now it contemplates, and then ..... apparent, the decree for eviction from entire premises was upheld. then, in karan chand's case the learned trial court had declined the prayer of the defendant for amending written statement, to incorporate the plea of partial eviction, and this court considered, that the admissions having been made by the defendant, in favour of the plaintiff, ..... judgment of this court, in karam chand v. ashok kumar reported in rlr 2000(1) 681 : rlw 2000 (4) raj. 58, wherein the refusal to allow amendment in the written statement to introduce plea of partial eviction was not interfered with by this court. then, reliance was also placed on the judgment of this court, in .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2007(1)Raj179
..... , any government order for providing a job in addition to that is in our opinion violative of the provision of the land acquisition act, for such a government order will amount to amendment of section 23, which will be illegal.'7. similar view has been taken by the division bench of punjab & haryana high court ..... less to provide employment or to ensure preferential treatment.11. here, in the instant case, the case of the petitioner was only recommended to the indian oil corporation and indian oil corporation emphatically denied to provide the employment. hence, recommendation by way of this writ petition cannot be enforced and no writ order or direction ..... of the petitioner has been taken away, therefore, to provide him employment, his case was recommended.3. since then in spite of repeated request to the indian oil corporation, no employment was provided to the petitioner therefore, this writ petition.4. learned counsel appearing for the riico submits that the controversy involved in this .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2006(4)Raj3149
..... with disability of blindness or partial blindness were concerned, reservation for them was provided only for the post of music teacher. he argued that the amendment brought about in the rules of 2000 vide notification of the government dated 10.10.2001 would apply only prospectively and not to an ongoing recruitment ..... students one or mostly inside. the workmore arts subjects such as history, placed is well lighted.geography, commerce, sociology, philosophy, economics, pol. sci-ence, indian or foreign languagesuch a hindi, sanskrit, english etc.deliver lectures and conductseminiars, set examination papers,conduct examination and evaluateanswer books maintain class regis-ters and records, may ..... disability including those who are blind and partially blind. the rules of 2000 were amended by notification of the government dated 10.10.2002 thereby adopting the identification of the post as required by section 32 of the act of 1995 made by the government of india. he has argued that even if .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2006(4)Raj3323
..... part 111 i.e. fundamental rights.15. dealing with the scope of article 33 as it then stood (the provision was materially the same as at present, after the fifteenth amendment in the constitution of india in 1984), a constitution bench of the supreme court in ram sarup v. union of india : 1965crilj236 , observed as under:. the learned attorney general ..... accused. under rule 112, the accused may object to the charge on the ground that it does not disclose an offence under the act or that it is not accordance with the rules. rule 113 provides for amendment of charge. rule 114 refers to special pleas by the accused as to bar of trial. rule 115 deals with plea of 'guilty ..... ', that is, if the accused is below the rank of warrant officer. section 3(xxiv) of the army act defines 'warrant officer' to mean a person appointed, gazetted or in pay as warrant officer of the regular army or of the indian reserve force. but from a combined reading of different clauses of rule 22(3) it is manifest that trial .....
Tag this Judgment!Court : Rajasthan
Reported in : [2007]135CompCas495(Raj); [2007]77SCL28(Raj); 2006(3)WLC565
..... law would prevail over the general law, the companies act. this argument is not available as far as the sfc act is concerned, since section 529a was introduced by act 35 of 1985 and the overriding provision therein would prevail over the sfc act of 1951 as amended in 1956 and notwithstanding section 46b of the sfc act. as regards distribution of assets, there is no ..... or of a high court exercising power under articles 226 and 227 of the constitution of india. at this juncture it will be relevant to refer b. shoes ltd. v. indian overseas bank (special leave to appeal (civil) no. 3636 of 2003) wherein their lordships of the supreme court vide order dated november 14, 2003, after granting leave framed the ..... 7, 2005, of the recovery officer (drt) 1, delhi, shall remain stayed till the disposal of special leave to appeal (civil) no. 3636 of 2003 titled b. shoes ltd. v. indian overseas bank, by the apex court. the applications stands disposed of as indicated above without any order as to costs.
Tag this Judgment!Court : Rajasthan
Reported in : AIR2006Raj284
..... has acquired the citizenship of another country'. it has been further held that 'section 9 of the citizenship act, 1955 is a complete code as regards the termination of indian citizenship on the acquisition of the citizenship of a foreign country.' therein it has been further held that ' ..... have existed and the courts have not satisfied itself before drawing adverse inference regarding their existence? (h) whether it is incumbent on a indian citizen to hold a ration card, rent receipts, from the landlord and to have his name recorded in the voters' list when there ..... defendant no. 4. the application was allowed by the lower court on 14th of july, 1971. the amended plaint was filed on 4th of august, 1971 in which mohammad kayum was impleaded as plaintiff no. 2 in the suit. as per the ..... amended plaint the prayer no. 1 was that the plaintiff mohammad kayum be declared as citizen of india; and in other .....
Tag this Judgment!Court : Rajasthan
Reported in : (2007)211CTR(Raj)156; [2007]291ITR244(Raj)
..... of appeal and there was modification or reversal of findings, it affected final result of penalty proceedings also.24. section 275 was substituted by the taxation laws (amendment) act, 1970 which came into effect with effect from april 1, 1971. the change was explained by the board vide circular 56 dated march 19, 1971. significantly ..... which action for imposition of penalty is initiated, whichever period expires later.(2) the provisions of this section as they stood immediately before their amendment by the direct tax laws (amendment) act, 1987 (4 of 1988), shall apply to and in relation to any action initiated for the imposition of penalty on or before the ..... and ensure that penalty proceedings are completed in all cases in time.26. secondly, the direct tax laws (amendment) act, 1987 which came into effect with effect from april 1, 1989, section 275 was amended. vide amendment, the time limit for completion of penalty proceedings which was generally two years from the end of financial year .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2006(4)Raj2890
..... is, that a hindu may dispose of, by will or other testamentary disposition, any property capable of being so disposed of by him, in accordance with the provisions of indian succession act, 1925, or any other law for the time being in force, and applicable to hindus. thus, even by language of section 30, it does not in any ..... premises and includes-(a) such sub-tenants and other persons as have derived title under a tenant before the commencement of the bombay rents, hotel and lodging house rates control (amendment) ordinance, 1959 (bom. ord. no. 3 of 1959),(aa) any person to whom interest in premises has been transferred under the proviso to sub-section (1) of ..... the landlord, of the premises leased to such person or his predecessor who has derived title before the commencement of the bombay rents, hotel and lodging house rates control (amendment) ordinance (bom. ord. no. 3 of 1959),(c)(i) in relation to premises let for residence, any member of the tenant's family residing with the tenant .....
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