Court : Rajasthan
Reported in : AIR1989Raj51; 1988(2)WLN487
..... municipal council as an appellate authority because the matter was not within the jurisdiction of the civil court to adjudicate. since the municipal council was not acting in violation of section 104 of the act, the jurisdiction of the civil court was barred. it was also held that it was necessary for the plaintiff company to serve the statutory notice ..... the agreement. in pursuance of the agreement, the municipal council did not charge octroi duty from the year 1963 to 1967 and it was only in the year 1968 that the municipal council asked the plaintiff-company to pay the octroi duty. it was not open to the municipal council to terminate the agreement and ask the ..... levy octroi duty on the cops which were returned by its customers after using of the nylon yarn sold to them and instituted civil suit no. 238 of 1968 for the grant of permanent injunction against the respondent restraining the latter from levying and charging octroi duty on cops returned to the plaintiff-company by its customers .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1973Raj187; 1972()WLN1052
..... (b-i) department.notification no. f.12 (3) (45). home/b/67, dated 11-12-1967. in exercise of the powers conferred by sub-section (1) of section 5 of the road transport corporations act, 1950 (central act 64 of 1950) read with rules 3 (1)(a) and 5 (1) of the rajasthan road transport corporation rules, 1964, and in supersession of this ..... . it was held that the administrative committee had no vested right as such in the wakf estate, and consequently the petitioner could not maintain the petition.12. in air 1968 sc 1344 their lordships distinguished the earlier case decided by their lordships: ram dial v. state of punjab, air 1965 sc 1518 and observed that in ram dial's ..... any right.14. in this connection it may be pointed out that the petitioner has taken a ground of mala fides, and in the words of their lordships in air 1968 sc 1344: 'of course, if the action in abolishing the khand could be shown to be directly connected with the removal of the pramukh, the action of the executive .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1971Raj247; 1970(3)WLN550
..... district judge, jodhpur, that some 8 named persons be declared as touts. the petitioner was not included in that list. the learned district judge acting under section 36(2a) of the legal practitioners act, 1879 asked the civil judge, jodhpur, to inquire into the matter and report. during the pendency of this inquiry the allegations against the ..... only found that the 8 persons mentioned by mr. chatterji were touts by general repute but two more including the petitioner were also touts. on 18-5-1968 the advocates association passed a resolution including the name of the petitioner as a tout by general repute and sent the same to the district judge, jodhpur, ..... therefore, without merit.11. the learned counsel further submitted that the resolution passed by the rajasthan high court advocates association on 18th may, 1968, did not fulfil the requirements of the explanation to section 36(1). it reads:--'explanation -- the passing of a resolution, declaring any person to be or not to be a tout, by .....
Tag this Judgment!Court : Rajasthan
Reported in : (1994)ILLJ1038Raj; 1993(1)WLC577
..... even prior to the submission of the report of the committee to the speaker in accordance with section 4(2) of the judges (inquiry) act, 1968 or latest till it is laid before the parliament as required by section 4(3) of the act but not thereafter and, therefore, a copy of the report should be furnished to the judge concerned ..... service which is unconscionable, arbitrary or opposed to public policy is liable to be quashed or declared unenforceable on the ground of violation of article 14 and section 23 of the contract act. the same question came to be referred to a constitution bench and in delhi transport corporation v. d.t.c. mazdoor congress and ors., ( ..... employment can be castigated by the court as arbitrary, unconscionable and opposed to public policy and it can be quashed on the ground of violation of section 23 of the contract act or article 14 of the constitution.10. the distinction between the government and its corporation came to be virtually obliterated in the decision of the .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2004(3)Raj1788; 2004(4)WLC17
..... for acquisition of land and its development for the purposes of laying-out or remodeling of roads, streets, etc.(6). the jda under the provisions of the jda act, specially section 38, read with section 45 thereof, can make a request to the state government to acquire the land for the public purpose of widening the streets/roads.7. the jda by virtue ..... . it was the view of two constitution bench judgments of this court, one of 1963 in m.r. balaji v. state of mysore, air 1963 sc 649 and another in 1968 in c.a. rajendran v. union of india (supra), and also two-three judgments of this court in p & t scheduled caste/tribe employees' welfare association (regd.) v. union ..... scheduled tribes either at the initial stage of recruitment or at the stage of promotion. this court in the case of c.a. rajendran v. union of india 1968 (1) scr 721 : air 1968 sc 507, has stated that article 16(4) is an enabling provision and confers a discretionary power on the state to make reservations either at the state of .....
Tag this Judgment!Court : Rajasthan
Reported in : 1971(4)WLN543
..... to let out portions of a public highway for putting up stalls for carrying on business this could not be done by framing any bye-laws. section 129 of the act which provides for framing bye-laws does not contain any clause specifically empowering the municipality to frame bye-laws about letting out parts of public highways on ..... dist. board, nadia, air 1942 cal 360. the same view was taken again by the patna high court in smt. chandrawati devi v. rameshwar kavi-raj, air 1968 pat 422.31. in air 1925 pc 36 the plaintiff-appellants represented the shiah community of aurangabad, and the defendants were the representatives of the sunni community in that town ..... have a continuing cause of action, their suit cannot get barred by limitation so long as the wrong continues and there is no question of application of section 28 of the limitation act. the suits were dismissed on the finding that special damage had not been proved by the plaintiffs.54. in kuchibotha kanakamma v. tadepalli ranga rao, .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1986Raj131; 1986(1)WLN23
..... undertaking. it is not in controversy that by a regular suit, the alleged outstanding amount is not recoverable as the suit is barred by limitation. section 9 of the dues recovery act 1968 lays down that the period of limitation in respect of any suit by or on behalf of the board for the recovery of any dues shall ..... rs. 6857.23p. within fifteen days failing which the electricity supply would be disconnected without any further notice and the notice was sent under section 24 of the indian electricity act 1910 (central act no. ix of 1910). it was also stated in the notice that action will be taken to recover the outstanding dues under the rajasthan ..... to recover the dues till december 1968 when he demanded the entire rent in arrears from may 1950 to april 1957. the appellant then asked the estate officer under section 3 of the public premises (eviction of unauthorised occupants) act, 1958 to take steps to recover the amount in arrears under section 7 of that act and the estate officer made .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1985Raj71
..... in the state government free from all encumbrances on or from the date of the publication as provided in sub-section (4) of section 52 of the act. sub-section (2) of section 52 of the act provides that before publishing notice under sub-section (1), the state government is required to issue show cause notice to the owners of the land and ..... natural and ordinary sense, the words themselves in such case best declaring the intention of the legislature.'22. section 3(2) of the bihar land reforms act before iis amendment, came to be examined in ginvar prasad narain singh's case (air 1968 sc 90).23. mr. h. n. calla learned counsel for the appellants invited our attention to gopal ..... section 11 of the transfer of property act relating to joint tenancy it was held that once it is held that the tenancy was joint, a notice to one of the joint tenants was sufficient, and the suit for, the same reason was also good.34. it was held by a learned single judge in v. konnappan v. kunniyil manikkan air 1968 .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1986Raj149; 1986(1)WLN216
..... 1977 and the award ex. 9 dt. mar. 21, 1978 depends upon the validity or otherwise of the notification ex. 6 dt. april 28, 1977 issued under section 17(4) and section 6 of the act. a reply was filed to the show cause notice on behalf of respondents 1 to 3 contesting the writ petition on various grounds on dec. 4, 1978 ..... 'arable land' would, therefore, mean 'land which is unfit for cultivation or habitation, desolate and barren land with little or no vegetation thereon'. it follows therefore, that section 17(1) of the act is not attracted to the present case and the state government had, therefore no authority to give a direction to the collector to take possession of the lands ..... the principles laid down in raja anand raj's case air 1967 sc 1081 and ishwarlal's case air 1968 sc 870; (2) that the notification ex. 5, in so far as it relates to the petitioners' land, under section 4(1) of the act, is void for non-compliance of the mandatory provisions contained in it, as, that was not published .....
Tag this Judgment!Court : Rajasthan
Reported in : [1975]99ITR354(Raj); 1973()WLN14
..... is different from the one taken by it in the wealth-tax case. it is admitted by the department in its application dated april 25, 1968, under section 26(3) of the gift-tax act, 1958, that the fort at badnore was a part of the jagir of badnore. the said jagir had descended from generation to generation when it ..... partitioned this amount among five persons including himself. after the resumption of jagir the garh had been held to be the private property of the assessee under section 23 of the act but it continued to remain the property belonging to the hindu undivided family. the character of this property in the hands of the jagirdar will be impartible. ..... to this court, but it was rejected. the commissioner of gift-tax then moved this court under section 26(3) of the gift-tax act, 1958, requesting the appellate tribunal to state the case. this court, by its order dated 16th december, 1968, directed the appellate tribunal (delhi bench c), to refer the following question to this court and to .....
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