Court : Rajasthan
Reported in : AIR1958Raj65; 1958CriLJ418
..... to grant permit for permanent return or resettlement were the high commissioner and deputy high commissioner for india in pakistan under para 16 of the rules dated 7-9-194-8 issued under section 3 of the influx from west pakistan (control) ordinance andthe dewan was incompetent to pass the orders that he did.the chief secretary to the government of rajasthan has declared ..... the general public would be greatly jeopardized if there were no restrictions on the entry of persons from the neighboring dominion, and it only remains to be seen whether the restrictions contained in the influx of pakistan act and rules made under it, are reasonable.in my opinion, rule 16 of 7-9-1948 or the corresponding rule 10 of the rules of 20-5-1950, which provides for grant of permit for permanent residence after a personal ..... it was argued that the influx from pakistan (control) ordinance now replaced by the act (act xxiii of 1949) should not be deemed to apply to indian nationals on a temporary visit to pakistan but that it applied only to persons who prior to partition ..... rules were no doubt only a few but it appears that as time went on, they were amended from time to time as necessity arose for their clarification or for meeting new situations and the ..... government and his explanation for the visit to karachi to see his daughter and make arrangement for her marriage was accepted.there was no evidence or indication to show that he had abandoned or intended to abandon his domicile or his nationality. .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2006(4)Raj3149
..... identify the post of school lecturer (hindi) as one for which reservation could be given to the persons with disability of blindness, this difficulty was over come by notification dated 10th october, 2002 by which rules 4 and 6 of the rules of 2000 were amended thereby deleting schedule i and ii appended thereto and adopting identification of the posts made by government of india.20. identification of the posts on which reservation can be given to the persons ..... . in the circumstances therefore when the post of college lecturer and that too in the language subject of hindi stood identified by the government of india with reference to the provisions of section 32 of the act of 1995, much earlier than the posts in question were advertised, there was no reason not to extend the benefit of reservation to the blinds in the state of rajasthan to a lower post like school ..... 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 ..... dated 25th november, 1986 identified the jobs for providing reservation to the physically handicapped persons in groups a and b posts as would be evident from the extract of serial no ..... . 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 conduct re-search .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1997Raj35
..... therefore, regulations which were framed with the approval of the central government in exercise of the powers under section 36 of the act by the central council have the force of law and will override the provisions of ordinance framed by the university and if anything is contrary tothe regulations in the ordinance, it will be invalid'.18. ..... regulation 8.1 is framed by the central council of indian medicine in exercise of powers conferred upon it under section 36 of the act of 1970, which is a central legislation enacted by the parliament in exercise of powers conferred upon it under entry no. ..... and were required to clear one or more papers of the first professional examination in the three chances available to them as per the appropriate provision of the ordinance of the university and the regula-tions framed by the indian medicine central council, were told in october, 1994 that they would not be permitted to attend the classes of second professional examination. ..... here, reference may be made to un-amended provision of the ordinance which, was contained in cl. ..... on reading regulation 8.1 of the regulations, it would be evident that a student failed in one or more subjects of first professional examination may be allowed to - keep term in second professional course. ..... ordinance 329.n.19(f) has been amended and has come into force w.e.f. ..... the said regulations have been amended in the year 1989. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1967Raj61
..... as a result of a valid tender, the materialportion of section 8 of the taxation laws(amendment and miscellaneous provision?act, 1965, runs as under:-- ' section 8(1) where a person who has ac quired any gold out of his income which has not been disclosed by him for the purposes of the indian income-tax act, 1992, or the income-tax act, 1961, or the excess profits-tax act, 1940, or the business profits tax act, 1947, or the super profit tax act, 1963, or the companies (profits) surtax ..... on the basis of these averments, the respondents submit that the petitioner has not come before us with clean hands, and has indulged in fabrication and forgery by trying to create evidence of a tender under the gold bonds scheme and therefore we should decline to entertain this writ application in exercise of our extra-ordinary jurisdiction under article 226 of the constitution of india. ..... ' generally it is not the practice of this court to decide disputed questions of fact in proceedings under article 226 of the constitution, as for coming to the right conclusion all avail able evidence has to be properly appreciated but since it is the main basis of the writ application we must in the special circumstances of the case decide it on the material placed before us. ..... section 132 occurs in chapter xiii of the income tax act, 1961, which deals with income tax authorities section 131 of the act defines the powers of the various income tax authorities regarding discovery and production of evidence. .....
Tag this Judgment!Court : Rajasthan
Reported in : (1997)IIILLJ610Raj; 1995(2)WLN507
..... to be the employees of the company the appointment to the employees of canteen was given by the secretary of the co-operative canteen.the word 'employer' has been defined in section 2(g) of the industrial disputes act and the said act was amended by rajasthan amendment act. ..... principal-employer and who were hired to the contractor were considered not the employees of the principal-employer, even if the principal-employer is not registered under section 7 of the act/or the contractor does not possess a licence under section 12.the tribunal has proceeded on the basis that the company is under statutory obligation to maintain the canteen but, by that reason alone it cannot be considered ..... in one case of kalicharan-- canteen-boy, all the oral or written evidence which has come on record it has been found that the employees of ..... control and supervising the method of doing work, the nature and place of work, the economic control and all other relevant circumstances, have to be kept in mind.in indian general navigation and railway company ltd. v. ..... workers were seeking employment under the company is not bound to provide the employment for canteen workers merely because president of the canteen society is employee of the company.in indian explosives ltd. v. ..... indian oil corporation, 1991 (62)flr 425 it was observed by the apex court that even the demand of the workmen who were employed through the contractor to be treated ..... indian justice, beyond atlantic liberalism, has a rule of law which .....
Tag this Judgment!Court : Rajasthan
Reported in : [2000]244ITR272(Raj)
..... the tribunal held accordingly that the amending deed of 1958 was the result of second thoughts by the settlor when he was confronted with the income of the trust escaping the exemption of section 4(3)(i) of the indian income-tax act, 1922. ..... in the present case, apart from the fact that there is no document or evidence to show that the beneficiaries have relinquished their rights under clause 2(vi) of the original deed of settlement, there is nothing' to show that there are no minors in the family of laths in whose cases approval of the court is required. ..... a good law in view of the subsequent decision of the supreme court and even if the subsequent supplementary deed dated may 21, 1958, be excluded from consideration the income of the assessee-trust was entitled to exemption under section 11 of the act and relying on the observations of the apex court in yogiraj's case : [1976]103itr777(sc) that (page 784) 'the test is that if one of the objects of the trust deed is not of a religious or charitable nature and the ..... trust deed confers full discretion on the trustees to spend the trust funds for an object other than of a religious or charitable nature, the exemption under section 4(3)(i) of the act of 1922, is not available to the assessee', held that in view of the law laid down by the apex court it was not possible to hold that the view taken by this court in lakshmi narain lath trust v. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1987(2)WLN686
..... a 2) is void under section 23 of the indian contract act, 1872, as it is opposed to public policy and is wholly unreasonable, such a clause which permits termination of service by giving a notice of three months is wholly arbitrary and confers unbridled direction on the employer ..... of arguments, learned counsel for the appellant has moved an application on 26-7-1986 for amendment of the plaint, and has sought to challenge the legality of clause 13 of the ..... 1976 sc 888) where in it was held that the executive committee of a degree college registered under the registration of co-operative societies act, and affiliated to agra university, is not a statutory body and a contract of personal service of an employee of such a degree college, cannot ordinarily be specifically enforced and the court normally would ..... that the government companies, corporations, public instructions which are not created by order under the statute but are incorporated and/or registered under the companies act, the societies registration act or co-operative societies act would fall within the ambit of the term 'state' used in article 12 of the constitution. ..... however, in a latter decision in sirsi municipality (supra), the supreme court held that the regulations framed under the act had the force of law and the employee was entitled to the relief of declaration that an action taken in breach of the regulations or the principles or natural justice was void ..... trial court after recording evidence, dismissed the suit .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2008(1)Raj836
..... dental hygienists, and the conditions for admission to courses of such training and sub-clause (h) prescribes the standards of examinations and other requirements to be satisfied to secure recognisation of the qualifications under this act but no such power which has been specifically reserved for medical council of india for framing regulations regarding standard of staff, equipment, accommodation, training and other facilities for medical education and conduct of professional ..... when we compare similar power conferred on the dental council in section 20 of the act of 1948, we find that section 20 of the said act in its clause (2) has although conferred powers on the dental council to frame regulations with the approval of the central government but its sub-clause (g) merely provides for the prescription of ..... teachers in medical colleges appears to have been bodily lifted from the mci regulations and engrafted into the amended university ordinances as would be evident from comparison of the two.8. ..... 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 ..... 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 ..... degree of an indian institution or its equivalent qualification .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2009(1)Raj46
..... or 2004 prevailing during the relevant time which rules have been amended and substituted almost every year and rules of 2005, 2006 and 2007 have come into force later on, all such rules having been framed in accordance with section 73 and under the powers conferred on the central government under section 87 of the act are ultra vires because no guidelines have been provided in the ..... disposed of with the following directions :(i) challenge to the validity of rules of 1990 and 2004 and even subsequently amended and substituted rules in regard to overloading providing for charging punitive charges under section 73 of the act is negatived and said rules are held to be intra vires and constitutionally valid. ..... and designed for the reasons of safety and rule 161-a was designed to achieve the object of prohibition against excess loading and ensure safety as would be evident from the existence of stipulation in the rule with regard to penalty for violation of prohibition against the loading of a wagon beyond its carrying capacity. ..... of allahabad, it was held that there was no conflict between rule 161-a and the provisions contained in sections 53 and 54 of the indian railways act. ..... indian railway act of 1890 and section 53 whereof is being attacked by the petitioners no longer exists on the statute book and as such rule 161-a under reference cannot be held to be inconsistence or in conflict with section 53 of the aforesaid act after 1.7.1990, the date of enforcement of the indian railways act .....
Tag this Judgment!Court : Rajasthan
Reported in : 2000(2)WLC752; 2000(3)WLN277
..... appellant wanted to amend the written statement by taking a plea that in case he is not held lessee of the premises in question, he was entitled to the benefit of section 60(b) of the indian easements act, 1882. ..... the same by recording finding in favour of the plaintiff and held that the said issue did not require any consideration or examination for the reason that the plaintiff had deposed in evidence that his need could not be satisfied by partial eviction and the same was the case of the defendant (petitioner herein). ..... on this aspect, the trial court recorded the evidence of the parties and thereafter made a finding to the effect that division of the shop premises ..... from the evidence led on behalf of the plaintiff, it was specifically contended by the learned counsel that the plaintiff himself had not only examined himself but also by way of corroborative evidence had supported his version that division of the shop is not possible and even if it is done, the basic requirement regarding bonfide need will ..... position established by precedents and hence the court is free to record a finding of fact on this aspect after examining the comparative hardship of the parties on assumption of facts to be considered objectively on the basis of evidence adduced by both the parties.8. ..... is no definite guideline in this regard for judging or assessing the comparative hardship of any party, the hardship of both the parties is to be compared in weighing the evidence in every case by the court. .....
Tag this Judgment!