Court : Rajasthan
Reported in : AIR2006Raj265; II(2007)BC409; 2006(4)WLC455
..... would not like to proceed with such negative presumptions that a chronic defaulter and concealing petitioner would always be unrepentant and would never stand any chance to make amends for his follies.71. the borrower has submitted in unequivocal terms that he is ready to make 25% payment of the dues stated by the rfc and has ..... of repayment of dues that was not availed of for years together. it has also been urged with reference to section 25 of the state financial corporations act, 1951 ('the act of 1951') that the loan was granted for a term of eight years and in view of the lapse of time in the present case, there could ..... matter of litigation, such propositions cannot be ignored.59. learned counsel for the contesting respondent has strenuously contended with reference to section 29 of the state financial corporations act, 1951 that in exercise of powers thereunder, when the rfc had taken over the management and possession of the industrial concern, it became the owner thereof and .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2006(3)Raj2424; 2006(4)WLC515
..... determination and maintenance of standards of teaching, examination and research in the university.8. however, the supreme court was of the view that the amending act, 2004 did not make any appreciable change in the matter of issuing a notification for establishment of a university. the court found that even ..... help to set up residential nonaffiliated private universities and autonomous bodies. there is the need for reliable and globally acceptable accreditation system so that the indian degrees are recognized worldwide. academic reforms like introduction of relevant, flexible, modular and modernized courses according to the needs, introduction of accredited system, ..... or centression. maintained or recognized to be as suchsection 4: proposal for establishment of by the university;the university (k) 'icar' means the indian council of(1)(a) an application containing the agriculture research, a societyproject report to establish a university registered under the societies re-for carrying out .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2007(1)Raj313; 2006(4)WLC593
..... observed that while the police-official involved in the 'same' incident had already been granted suitable awards and even out of turn promotion by making necessary amendment in the relevant rules, in the case of respondent the authorities washed their hands by just granting him three advance grade increments which was nothing but ..... on a senior post prior to the date of the inclusion of his name in the select list prepared in accordance with the requirements of the indian administrative service (appointment by promotion) regulations if the period of such officiation prior to that date was approved by the central government in consultation with ..... 3 of the all india services (conditions of service residuary matters) rules. 1960. the supreme court found that under section 3 of the all india services act the central government had made innumerable sets of rules. though the rules so framed covered countless matters such as creation of cadre, fixation of cadre, strength, recruitment .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2006(3)Raj2381; 2006(3)WLC767
..... 1974. the appeal against the said order was also dismissed. but since the tenant got further opportunity because of the amendment and insertion of section 19a in the act of 1950, therefore, the defendant submitted application under section 13a(a) of the act of 1950 and prayed that he is ready to pay all arrears of rent, interest and cost of the suit ..... of section 13a by order dated 31.10.1975 as arrears of rent, rs. 230.25 as interest and the cost of the suit of rs. 290/-. this order was amended by another order of the trial court dated 18.12.1975. by this, the interest was increased to rs. 290/-from rs. 230.25 and cost of the suit was ..... between the landlord and the tenant. in rajasthan, the suit for eviction of the tenant is filed under general law and the rajasthan premises (control of rent and eviction) act, 1950 only puts certain restrictions against the tenant's eviction and enhancement of rent. therefore, the composite suit for relief of eviction of tenant on accrual of cause of action .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2006(3)Raj2392
..... 10.1997, in the circumstances noted above.26. the marriage laws (amendment) act, 1976 has inserted section 13a in the hindu marriage act, 1955 to give statutory recognition to the judicial-evolved law. section 13a of the hindu marriage act provides that in any proceeding under this act, on a petition for dissolution of marriage by a decree of divorce ..... , it is contemplated as a conduct of such type which endangers the living of the petitioner with the respondent. the cruelty can be said to be an act committed with the intention to cause suffering to the opposite party. austerity of temper, rudeness of language, occasional outburst of anger may not amount to cruelty, ..... the judge, family court, jodhpur, whereby the divorce petition filed by the appellant -' purshotam dass under section 13(1)(i)(ia)(iii) of the hindu marriage act, 1955, has been dismissed on the ground that the appellant has failed to produce any cogent and convincing evidence before the family court, which may persuade it to .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2007(2)Raj917
..... .27. further the hon'ble supreme court while considering in prashar's case (supra) the question of commencement and scope of limitation prescribed under the indian income tax act, 1922 for reopening the assessment, which have already been passed earlier and reassessment proceeding under the existing law have become barred by time and such existing ..... duration for action from these two points of views. these periods are occasionally readjusted to cover some case which would otherwise be left out and hence these amendments. as assessment can be said to become final and conclusive if no action can touch it but where the language of the statute clearly reopens closed transactions ..... . in this sense, statutes of limitation have been picturesquely described as 'statutes of repose'. but it is somewhat inapt to describe section 34 with its many amendments and validating sections as a 'section of repose'. under that section there is no repose till the tax is paid or the tax cannot be collected. what .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2006(3)Raj2028; 2006(4)WLC369
..... and edible oils (storage control) order, 1977, was issued by the central government in exercise of its powers under section 3 of the essential commodities act, 1955. the said order was amended by the central government by notification dated sept. 13, 1990. sub-paragraph (g) of paragraph 2 of the order was substituted by the aforesaid ..... amendment. under the amended provisions, 'edible oil' has been defined as under:(g) 'edible oil' means any oil used, directly or after processing, for human consumption and includes ..... to mean any oil used directly or after processing for human consumption and includes hydrogenated vegetable oil as per notification issued by the central government under essential commodities act. there is thus no doubt that hydrogenated vegetable oil would be edible oil. in view of this, in either of the situation, the assessee is .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2006(3)Raj2313; 2006(4)WLC159
..... be excluded, and therefore, the petitioners are entitled to be considered. the other ground given is, that the petitioners were fully eligible for admission, yet amended advertisement annexure-10 was issued, allowing shiksha sahyogi working in the dpep scheme and discharging services for four hours, were also allowed, while duties discharged by ..... objection taken is, that rajasthan council of primary education, is not 'state' within the meaning of article 12, as this is a society, under rajasthan societies act, and therefore, writ petition should be dismissed. the other objection taken is, that none of the petitioners are working as shiksha mitra since 15.5.2005, ..... expedient in the interest of justice to allow the petitioners to continue the course.11. in some of the writ petitions the petitioners have filed application for amendment of the writ petition, seeking to challenge the condition of the requirement of the candidate to be 'in service', while in some writ petitions, this challenge .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2006(2)Raj1683; 2006(3)WLC513
..... dismissed the appeal-order of appellate authority attained finality in view of section 10 of 1964 act.this court also considered the aspect that indian red cross society act, 1920 is an act to constitute indian red cross society. according to section 4-a of the 1920 act, the president of india is the president of the society and under section 5(1)( ..... nominated by the persons who immediately before the commencement of the act were the members of the joint war committee, indian branch of the order of st. john of jeru salem in england and the british red cross society. section 3 authorized the committee to appoint the ..... was having no jurisdiction by virtue of section 3 of the act of 2001.2. the petitioner submitted that the indian red cross society is a body corporate and was established under indian red cross society act, 1920 (for short, the act of 1920). as per section 2 of the act of 1920, the first members of the society were to be .....
Tag this Judgment!Court : Rajasthan
Reported in : (2006)204CTR(Raj)498
..... has taken place.33. in cit v. straw products ltd. : [1966]60itr156(sc) , the taxation laws (merged states) (removal of difficulties) order 1949 came to be amended with retrospective effect by the taxation laws (merged states) (removal of difficulties) order 1962. a reference was pending before the supreme court requiring reference to order 1949. the court ..... the principle is well settled that where the proceedings are pending at any stage and law which is to be applied to the facts of the case is amended retrospectively, the same has to be noticed and given effect to which matter operates against the ordinary principle as the validity of a transaction has to be ..... days was given to furnish the return of income despite the provisions of section 292b of the act ?'the last question may have some substance, but for the amendment in section 148 with retrospective effect from 1st april, 1989 vide finance act, 1996.29. the assessee has contended that the provisions of section 148 as it existed on .....
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