Court : Rajasthan
Reported in : AIR2007Raj244; RLW2007(4)Raj3247
..... warehouses, airports, railways, transport system, generation and distribution of power, gas and other forms of energy, telecommunication, data transmission network, information technology network, hospitals, hotels educational institutions, leisure, recreational and entertainment facilities, residential and business complex, water supply, including desalination plant and sanitation facility.' the sez in question is ..... that the deputy commissioner zone-ii of jda had prepared a proposal dated june 9, 2005 for the purpose of establishing information technology city, bio-technology city, knowledge city and sez by offering the land admeasuring 3927.82 hectares situated on the southern side of national highway of ..... steering committee considered the mou entered into between the government of rajasthan and respondent no. 6 company and approved its draft with certain amendments which was sent to bureau of investment promotion for further action. it is stated in the reply that in its 19th meeting, the .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2008(4)Raj3153
..... would be altering the entire scope of the suit and to create complications in just decision of the matter. aggrieved by rejection of their application for amendment, the defendants have preferred this writ petition. 8. assailing the aforesaid order dated 06.01.2007, learned counsel for the defendants-petitioners has strenuously contended ..... ors. v. kiran appaso swami and ors. : air2007sc1663 , and andhra bank v. abn amro bank n.v. and ors. : air2007sc2511 to submit that the amendment of the written statement is considered from a very liberal stand point; that introduction of a new ground of defence or substituting or altering the defence even while taking inconsistent ..... a13. a comparison of the suggested pleadings with the existing pleadings and then a comprehension of the surrounding circumstances is sufficient to find the prayer for amendment being not bona fide. right from beginning of this litigation, the defendants were aware of the case they were meeting with and the case they were .....
Tag this Judgment!Court : Rajasthan
Reported in : (2009)226CTR(Raj)417; [2010]186TAXMAN365(Raj)
..... 23. chapter xix-a is a complete code in itself as regards settlement of cases for having provided a complete mechanism other than procedure provided under the it act. legislature conferred all powers upon settlement commission being vested in it authority under the act as provided under section 245-f and what is being decided by ..... requirement of application under section 245-c is the true & full disclosure of income along with manner in which income has been derived.29. however, by later amendment made for substitution vide finance act, 2007, procedure has been changed and after receipt of application under section 245-c, procedure like impugned here where report as ..... become functus officio or no power being vested, is wholly without merit. settlement commission holds the authority under the act and power is vested and only by amendment vide finance act, 2007 by putting rider of 31/03/08, the legislature only intended that if applications remained pending, it stands abated but it will .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR2005Raj12; RLW2005(1)Raj372; 2004(4)WLC739
..... been decided' includes any order made, or any order deciding an issue, in the course of a suit or other proceedings.'effect of statutory amendment act. 199910. the amendment act, 1999 amends the proviso to section 115, cpc so as to delete clause (b). the effect would be to bar interference in revision against interlocutory orders ..... not, is 'any case which has been decided' within the meaning of sub-section (1) of section 115. similarly, the explanation introduced by the civil procedure code (amendment) act, 1976 does not enlarge and extend the meaning of the expression 'any case which has been decided' to every interlocutory order irrespective of whether it decides ..... engineers and manufacturers v. basic equipment corporation reported in, air 1977 sc 577 has laid down the following principles for giving leave to defend under post amendment order 37, cpc.(a) if the pleadings and the parties' affidavits disclose a triable issue, the leave should ordinarily be granted unconditionally;(b) if the .....
Tag this Judgment!Court : Rajasthan
Reported in : 2001(3)WLC419; 2003(1)WLN255
..... the deputy commissioner of prohibition and excise if satisfied that an offence under, this act has been committed, may, whether or not a prosecution is instituted for the commission of such an offence, order confiscation of such property.(3)................(4)...............(5)...............(6)...............'46-a. issue of show cause notice:no order ..... shall not normally be returned to a party, till the culmination of all proceedings in respect of such offence, including confiscatory proceedings, if any. the amended provisions, in our considered view, thus, cannot be called arbitrary, or in violation of any constitutional provision or principles of natural justice. on the ..... authorities and, therefore, the provisions are arbitrary. we do not agree. the provisions, in our view, are perfectly valid, inasmuch as, under the amended provisions of section 69(4), confiscation order is to be passed by the excise commissioner or the officer, authorised in this behalf, by the state government .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2003(4)Raj2680; 2003(3)WLC599
..... petitioners were appointed by the respondents no. 3 and not by the aided institution, irrespective of the post, whether on the post of addl. superintendent or on the post of assistant superintendent. the state government on 7th june 1996 amended the rules of 1982 and deleted the prefix 'assistant' from the post assistant ..... that the assistant superintendents could have been appointed by the departments of the state only and additional superintendents are required to be appointed by the aided institutions, then it appears that in appointment orders the petitioners have been wrongly described as additional superintendents arid in fact they were appointed on the post ..... maintaining the educational standards of the students. therefore, the principles on which the benefits have been given to the teaching staff of the private educational institutions getting the aid from the government, the employees working in the even hostels run by the voluntary organisation/society are also entitled for the same .....
Tag this Judgment!Court : Rajasthan
Reported in : 2001(3)WLC575; 2002(1)WLN338
..... concurrent list, list-iii. thus, once a relief undertaking notification is issued, the state is competent to suspend legal proceedings of all kinds, including the proceedings, instituted under the central legislation such as recovery of debts under central act.20. the division bench in the judgment given in d.b. civil writ petition no. ..... within another legislative list. incidental encroachment does not affect the vires of the law even in regard to the area of encroachment. the provisions inserted by amendment act are precisely within the integral scheme of the excise act and the intended to achieve more effectively the purpose of the principal act. the argument, ..... above case of modern syntax (i) ltd., it was further held as under:so far as the provisions of recovery of debts to banks and financial institutions act, 1993 and rajasthan relief undertakings act are concerned, both the legislations are valid laws made by different legislatures exercising power under different lists. the rdp .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2007(4)Raj3214
..... the appellant would be contrary to intention of the legislature to safeguard health, safety and general welfare of the people of the locality. setting up an educational institution can hardly be hazardous to public health or safety. lastly but alternatively, shri kamlakar sharma argued that when the appellant was allotted the land in dispute ..... or surplus land so as to be leased/sold out. this intention of the legislature has further been reflected in the recently introduced section 80a inserted by amending act of 1999 in proviso to which, the lands earmarked for public utilities/services have been completely kept out of the purview of regularization and the ..... reliance was placed by learned counsel for the jda can have no application to the facts of the present case where the land was originally reserved for institutional purpose and was thereafter alloted for construction of a community hall and thereafter alloted for the purpose of constructing the building of police station. the learned .....
Tag this Judgment!Court : Rajasthan
Reported in : 2002(2)WLN193
..... samiti has already purchased murabba no. 10 and collector was requested to initiate proceedings for acquiring the land falling in murabba nos. 11 & 58 which led to institution of the acquisition proceedings in question. in view of this material, the first contention raised by the learned counsel for the petitioner-respondent is not sustained.14. the ..... in respect of land in question stood lapsed as the award was not passed within the period prescribed under the act of 1894 as amended by the amending act of 1984 and the rajasthan amending act of 1987.8. the plea of the krishi upaj mandi, the present appellant, was that since there was an interim order ..... proceedings for the acquisition of the land shall lapse:provided that in a case where the said declaration has been published before the commencement of the land acquisition (amendment) act, 1984, the award shall be made within a period of two years from such commencement.explanation.--in computing the period of two years referred to in .....
Tag this Judgment!Court : Rajasthan
Reported in : 2000(4)WLC547; 2002(1)WLN453
..... the matter holding that 'undoubtedly, even in absence of specific pleading, court has to act in compliance of the mandate and give a finding.' in the instant case the plaintiff instituted suit in respect of one shop and it was required for the purpose of running hotel along with the other articles the requirement was properly considered on the basis of ..... (a) to (1) of sub-section 1 of section 13 as a sine qua none for being entitled to evict the tenant notwithstanding any law or contract. then, came the amendment on 29.9.1975 putting still additional fetters on this right of the landlord, inasmuch as in cases on eviction being sought on the ground set forth in section 13 .....
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