Court : Rajasthan
Reported in : 2001(4)WLC41; 2000(3)WLN650
..... the nature of the impugned order giving rise to a cause of action. the notification dated february 8, 1984 issued by the state govt. under section 52(1) of the act became effective the moment it was published in the official gazette as thereupon the notified land became vested in the state govt. free from all encumbrances. ..... the acquisition of their lands situate at jaipur and wanted to challenge the validity of the notification issued by the state government of rajasthan under section 52(1) of the act by a petition under article 226 of the constitution, the remedy of the respondents for the grant of such relief had to be sought by ..... to entertain and decide the writ petition. the court finding that the orders in question namely the principal appraiser of customs, bombay dated january 30, 1968, appellate collector of customs dated april 4, 1968 and the commissioner (revision applications) govt. of india dated nov. 28, 1959 had all been addressed to the petitioner at pipalia kalan (rajasthan) .....
Tag this Judgment!Court : Rajasthan
Reported in : [2003]132STC489(Raj)
..... therefore, hold that bottles are nothing but vessels used for selling the liquor containing therein and as such, they are packing material. as per charging section 3 of the act every sale is included in turnover and unless exempted or deductible under any provision, becomes part of taxable turnover, and the rate at which taxable turnover ..... imfl has been brought to tax as taxable turnover arising from sale of packing material. this contention also, in our opinion, has no substance. section 2(s) of the act of 1954 reads as under :''taxable turnover' means that part of turnover which remains after deducting therefrom the aggregate amount of the proceeds of sale ..... not only for solid articles but also for those in liquid and semi-liquid form. according to observations on page 22 of encyclopaedia britannica, vol. 17, 1968 edition, in a society that produces foodstuffs and manufactured articles in one locality and uses them in another, a wrapping or container is necessary during storage, transport .....
Tag this Judgment!Court : Rajasthan
Reported in : 2000(3)WLC384; 2001(2)WLN311
..... the drat at mumbai has no jurisdiction to issue directions for transfer of pending cases from drt jaipur to chandigarh in view of sub sec. (2) of sec. 17a of the act whichcontemplates that only the chairperson of an appellate tribunal having jurisdiction over the tribunals (drt) has such power or authority to consider applications ..... not permitted.(20). we are also of the view that since the petition raises an important public issue and involves interpretation of various sections including sec. 17a and 31 of the act, 1993 on the question of transfer of pending cases by virtue of issuance of notification for establishment of newly constituted tribunal (drt), ..... the court but contemplates disciplinary jurisdiction over the presiding judge as well, as observed by apex court in : (1968)illj270sc .(30). as per aims and objects of the act 1993 duly amended by the amending acts (28 of 1995) and (1 of 2000), since some banks and financial institutions had been experiencing considerable difficulties .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR2001Raj184; 2001(4)WLC14; 2001(2)WLN536
..... or more other living persons or to himself, or to himself and one or more other living persons; and 'to transfer property' is to perform such act. in this section 'living person' includes a company or association or body of individuals, whether incorporated or not, but nothing herein contained shall affect any law for the time ..... transaction has been carried out in accordance with law or not.(22). it becomes relevant to consider the meaning of expression instrument for the purposes of the act which has been defined under sec. 2(14) :(14) 'instrument' includes every document by which any right or liability is, or purported to be created, transferred, limited, extended ..... unit was established. but for the condition under the lease deed dated 22.11.1968 and the industrial allotment rules, 1959 the lessee could have assigned its lease hold rights in terms of sec. 108(j) of the transfer of property act which envisages an implied authority in the lessee to transfer the lease absolutely or by .....
Tag this Judgment!Court : Rajasthan
Reported in : 2001(1)WLC433; 2001(1)WLN226
..... power of attorney is produced merely for authentication in which case, the only requirements that have to be complied with are those set out in section 33. thus, section 32 of the act would apply only if a power of attorney, is presented for registration and not when it is produced merely for authentication. the basic principle ..... to the ceiling of five percent specified in section 3 itself, in such a situations it cannot be held that the power conferred upon the state government to specify the rate of tax is unguided. in municipal corporation of delhi v. birla cotton spinning & weaving mills, delhi and anr. : [1968]3scr251 , it was held that where the ..... in furtherance of any transaction itself to be opposed to the public policy which results in affecting transactions is beyond the scope of the registration act itself. section 22-a of the act only authorities to declare registration of any document to be opposed to the public policy and not the document or the transaction evidence from .....
Tag this Judgment!Court : Rajasthan
Reported in : 2003(2)WLN223
..... bhojpura, chak sudershanpura and rampura roopa, which is now the part of jaipur city, for the development of 'lal kothi scheme'. on may 12, 1961 the declaration under section 6 of 1953 act came to be published and on january 9, 1964 award was passed after following the due procedure. therein, apart from awarding compensation to the owners, the land acquisition officer ..... 386, 1989(1) rlr 409, 1991(2) rlr 748, 1979(1) scr 66, 1992(4) scc 242, 1962(2) scr 69, 1955(1) scr 408, ii (1996) clt 63 (sc), 1968(2) scr 548, 1997(1) rlr 255, air 1986 sc 2025 and the decision of the supreme court dated 23.9.1996 in civil appeal no. 14037-14056 of 1996 ..... of waiver applies to jda which bars the application of radhey shyam's case to the respondents. reliance was placed on air 1968 sc 933. it was also contended that the jda made discrimination between the equally placed awardees and act of jda is violative of article 14 of the constitution of india. reliance was placed on 1981 (3) scr 234.13 .....
Tag this Judgment!Court : Rajasthan
Reported in : 2001(4)WLN393
..... ' which amounted to retreat from their previous commitments. notification was issued with retrospective effect on 1.11.1966 and restricted the benefits of military service upto 10.1.1968 i.e. the date on which the first emergency was lifted with the result that the vested rights which accrued to the petitioners in 1969, 1970 and 1971 had ..... of the said proceedings. we do not, therefore, find any substance in the contention of the learned counsel for the appellant that the law as amended by the u.p.act 26 of 1975 should have been followed in the present case.14. in the case of state of andhra pradesh and ors. v. j. sreenivasa rao and ors. ..... however, provide expressly that the amendment in question would apply to pending proceedings under section 16-f of the act. nor do we find any words in it which by necessary intendment would affect such pending proceedings. the process of selection under section 16-f of the act commencing from the stage of calling for applications for a post upto the date .....
Tag this Judgment!Court : Rajasthan
Reported in : 2002(5)WLC653
..... insecticide act, 1968 (for short 'act'), criminal complaint was filed by the insecticide inspector (respondent no.2) before addl. chief judicial magistrate bhawani mandi on 27.7.1995 against the dealer (from whom the sample of insecticide was taken by the respondent no.2), distributor and manufacturing company so also their directors & managers for violation of sections ..... under section 31 of the act. with due respect. i am of the considered opinion that quashing of criminal proceedings in complaints of menace arising from contamination with insecticides, at the out set, would itself be an abuse of process of law defeating the object of statute i.e. the insecticides act by ..... ), and not by other co-accused atleast the dealer from whose shop the insecticide sample was taken by the inspector (respondent no.2), because under sub section (3) of section 24 of the act the report signed by an insecticide analyst shall be conclusive evidence only against a person from whom the sample had .....
Tag this Judgment!Court : Rajasthan
Reported in : [2003]131STC176(Raj); 2003(1)WLN281
..... notification in the notification dated 11th june, 1974.38. the facts of the case were that on october 10, 1968 the state government of uttar pradcsh issued notification no. 4748 under section 4-b of the u.p. sales tax act, 1948. this notification was sought to be superseded by notification no. 3867 dated june 11, 1974. however, in ..... describing the aforesaid notification no. 4748 dated october 10, 1968, a printing error crept in and the date of that ..... as regards matters of procedure' and held that the income-tax officer was not entitled to avail of the provision enacted in sub-section (6) read with sub-section (7) of section 171 of the new act for the purpose of recovering the tax or any part thereof personally from any member of the joint family for the aforesaid assessment .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2003(3)Raj1681; 2002(5)WLN59
..... against the order of the learned judicial magistrate, first class, gharsana in criminal original no. 478/94 dated 19th october, 94 taking cognizance against the petitioners under section 29 of the insecticides act, 1968 (in short, 'the act') hereinafter) and the present petitioners alongwith other accused were summoned. 2. heard mr. m.k. garg, learned counsel for the petitioner and mr. d.d. kalla, learned ..... . the insecticides act, 1968 is a central act, which has been enacted to regulate the import, manufacture, sale, transport, distribution arid use of insecticides with a view to prevent risk to human beings or animals and for matters connected therewith. 24. section 17 of the act prohibits of import and manufacture of certain insecticides enumerated therein and section 18 prohibits of sale etc. of certain insecticides mentioned in the section. section 20 .....
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