Court : Rajasthan
Reported in : AIR2003Raj27; 2002(5)WLC33
..... general or collector exercising powers of the advocate general is a party, it is to be substituted by the devasthan commissioner. therefore, the rajasthan public trusts act, 1959 was enacted to achieve the object of providing better provisions for the public charitable trust, its management, and provisions for redress of grievances of the ..... rajasthan but the language of sections 16, 17 and 18 unambiguously excludes, by implication, by making specific provisions for registration of public trust under the act of 1959 which provides for establishing an authority who can accept application for registration of public trust only when principal office of the such trust are ..... advanced by the learned counsel for the parties. foremost question arises in view of the rival submissions in this appeal is whether the rajasthan public trusts act, 1959 applies to the all public trusts, whether their principal offices and principal places of the business are situated beyond the territories of the state of .....
Tag this Judgment!Court : Rajasthan
Reported in : 2001CriLJ800; 2001(2)WLC632; 2000(3)WLN39
..... meaning, however, in popular sense, it simply means honestly, without fraud, collusion or deceit, really, actually, without pretence and without intent to assist or act in furtherance of a fraudulent or otherwise unlawful scheme. the quality and quantity of honesty requisite for constituting good faith is conditioned by the context and object of ..... police under chapter xiv of cr.p.c. were not available in respect of offences triable under the west bengal criminal law amendment (special courts) act, 1949 and hence the investigation was without jurisdiction. the hon'ble supreme court reversed the said judgment observing as under:'the powers of investigation into ..... been contended that clauses 5 and 6 are relevant for our purpose, which speak about absurdity, express legal bar in the code or the concerned act either against the institution or continuation of proceedings or providing efficacious redressal. it has been submitted that though after the incident, there had been agitations and .....
Tag this Judgment!Court : Rajasthan
Reported in : (1985)ILLJ111Raj
..... into consideration. in this context their lordships observed that the bye-laws that can be framed by a society under the act are similar in nature to the articles of association of a company incorporated under the companies act and such articles of association have never been held to have the force of law. in the same context it was ..... )iillj698sc , which it was observed as under (para 10):the bye-laws that can be framed by a society under the act are similar in nature to the articles of association of a company incorporated under the companies act and such articles of association have never been held to have the force of law. in a number of cases, conditions of ..... be merely those which govern the internal management, business or administration of society. they are of the nature of the articles of association of a company incorporated under the companies act. they may be binding between the persons affected by them, but they do not have the force of a statute.it may be mentioned that their .....
Tag this Judgment!Court : Rajasthan
Reported in : 1992(1)WLC452; 1992(1)WLN500
..... argument was repelled by the high court. the supreme court examined the scheme of the life insurance corporation act and the industrial disputes act and observed that, so far as the nationalisation of insurance business is concerned, the lic act is a special legislation, but equally indubitably is the inference, from a bare perusal of the subject, ..... disputes 'at the termination of the settlement as between the workmen and the corporation the id act is a special legislation and the lic act is a general legislation. likewise, when compensation on nationalisation is the question, the lic act is the special statute. an application of the generalia maxim as expounded by english text books ..... of orissa high court in saroj kumar ghosh v. chairman, orissa state electricity board : air1970ori126 and the decision of the supreme court in united provinces electricity supply company ltd. v. t.n. chela ji and ors. : (1972)iillj9sc . what has been held by agrawal j. in that case was in the context .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2009(1)Raj62
..... for the respondents, only section 17a of the general insurance business (nationalisation) act, 1972 ['the act of 1972'] and the amendment scheme of 2005 issued thereunder are of statutory character and rest all has been left by the legislature to be worked out by the company and the authorities concerned to determine the manner in which the ..... .e., the cases of secretary to the government and anr. v. m. senthil kumar 2005 air scw 1269; and union of india and ors. v. indian jute mills associations and ors. 2005 air scw 2723 have got no relevance even to the very question as posed by the petitioner. in m. senthil kumar (supra), ..... part of the order of high court was set aside. similarly, in the case of indian jute mills associations (supra), the question was regarding extent of power of advisory committee constituted under jute packaging materials (compulsory use in packing commodities) act, 1987 to make its recommendations to the central government for formulation of road map for progressive .....
Tag this Judgment!Court : Rajasthan
Reported in : 1(1994)ACC532
..... adarsh travel bus service and anr. v. state of uttar pradesh and ors.: : air1986sc319 considered the entire aspect in relation of a nationalised route under chapter iv-a of the old act and held that where the route covered by the scheme over-laps any route, no permit to private operators could be granted. it was ..... true that temporary permits are granted on special occasions of fairs and religious gatherings. if such situation arises in relation to a nationalised route or a portion thereof section 101 of the act provides operation of additional services by state transport undertaking. section 101 reads as under:101.-operation of additional services by the state ..... year 1991 and that there is reciprocal arrangement for issuance of temporary permits under section 87(a) of the act to the private operators. it was also submitted that exclusion or prohibition on a nationalised route to ply transport services by a private operator should not apply on transport vehicles to be used temporarily under .....
Tag this Judgment!Court : Rajasthan
Reported in : I(2004)ACC86; AIR2003Raj251; RLW2003(4)Raj2248; 2003(3)WLC428
..... in the said case being birla jute . v. r.t.o. reported in 1980 wln (uc) 375, held,'(a) eight dumpers and tractor- ..... order was passed by him on march 1, 1974. m/s. birla jute . approached to this court by way of petition under article 226 of the constitution of india. the petition was allowed in part and the demand raised against the company regarding the tax under the act of 1951 in respect of 8 dumpers and the tractor trolley was quashed. ..... trolley are compulsorily registrable under the motor vehicles act, 1939;(b) the dumpers and tractor-trolley are not taxable under the rajasthan motor vehicles taxation act. 1951 so long as they are used within the premises of the company.'5. by a .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1985Raj185; 1983()WLN439
..... of misdescription of the defendant. chakravarti c. j. observed, on the question whether the order allowing an amendment was a 'judgment' containing the substitution of the company for a firm, that the order in question allowing an amendment was on a vital point concerning the merits of the case and the rights of the newly created ..... down in the aforesaid cases, we find no difficulty in holding that the high court while trying an election petition under section 80a(2) of the act is only acting in its ordinary jurisdiction as a court and the power to hear election petitions and decide election disputes is conferred upon the high court not by ..... election tribunals and the trial of election petitions. part vii outlines the various corrupt and illegal practices which may affect the elections, and electoral offences. obviously, the act is a self-contained enactment so far as elections are concerned, which means that whenever we have to ascertain the true position in regard to any matter connected .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1995Raj239; 1995(2)WLN441
..... who treasures religion and ethics, a catholic or (for this matter) any one who believes in religion, cannot support the atheistic forces or their allies. to act otherwise would be a challenge to the holy teaching authority of the church. obvisouly the church-leadership which has given these guidelines has vested interest or selfish ..... reply was also filed by the respondent to this application. 11. on december 8, 1994, the original petitioner submitted an application under section 109 of the act seeking permission for withdrawal of the election petition. on december 13, 1994, this application for withdrawal was allowed. notice of withdrawal of the election petition was ..... attempted to interfere with the free exercise of any electoral right amounting to the corrupt practices of undue influence within the meaning of section 123 of the act. neither the manner in which the undue influence was exercised was mentioned nor the persons on whom the undue influence was exercised were named. even .....
Tag this Judgment!Court : Rajasthan
Reported in : [1992]194ITR371(Raj)
..... provisions.21. the high courts of allahabad (mohd. oais and co. v. cit : [1983]142itr104(all) ; cit v. om sons : [1979]116itr215(all) ; cit v, j.k. jute mill co. : [1987]163itr816(all) ; ratan deo v. cit : [1987]163itr837(all) ), orissa (cit v. dhadi sahu : [1976]105itr56(orissa) ; bhikari charan panda v. iac : ..... rs. 25,000, on a reference made by the income-tax officer, the inspecting assistant commissioner had the jurisdiction. (c) the inspecting assistant commissioner could act only on a reference made by the income-tax officer. (d) when the inspecting assistant commissioner exercised jurisdiction for imposing penalty, he was in fact ..... exercising the jurisdiction conferred on the income-tax officer. (e) the amending act of 1975, by deleting section 274(2), has taken away the referral jurisdiction of the inspecting assistant commissioner, with the result that the entire jurisdiction is .....
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