Court : Rajasthan
Reported in : 1980WLN(UC)379
..... umbrella of 9th schedule only was negatived on the ground that the umbrella provides protection to the act from constitutional challenge but it can always be examined whether a scheme of nationalisation fulfils the requirement of the act.32. apart from this, in the judgment of sindhi sahiti mal purpose transport, cooperative society, ..... 9th schedule of the constitution also proved insufficient to provide immunity from judicial review of schemes of nationalisation under the act. every fresh theme of nationalisation, invariably leads to opening of fresh legale battle fronts, as the war of nationalisation is unending and every expanding, the basic reason being it is primarily a 'socio economic' ..... meters have been given. it can, therefore, be said that the plan for nationalisation of the various routes was considered and that formed the material for forming an opinion as required under section 68-c of the act. therefore, there is no prima facie merit in the submission that the corporation has .....
Tag this Judgment!Court : Rajasthan
Reported in : 1981WLN(UC)181
..... udaipur cement works, which constitutes a division of the hindustan sugar mills ltd. (hereinafter referred to as 'the company'), is taxable as 'motor vehicles' under the rajasthan motor vehicles taxation act, 1951. a similar question has been decided by me in the case of birla jute . v. the regional transport officer & taxation officer & anr. 1980 wln (uc) 375, and it was held that ..... and are not liable to imposition of tax under the said act, so long as they are used solely within the premises of the petitioner. the aforesaid decision squarely governs this case as wel.2. the case of the petitioner is that four dumpers are used by the company for the purpose of collection and transportation of stone and other raw materials .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1982Raj297; 1982()WLN294
..... now realise that what he was pleading for was 'inequality', and oppression of his own segment.94. the rejection of his plea would bring 'equality' and act as 'blessing in disguise', and real and effective homage to article 46.95. vichitra is unfortunately labouring under the fallacy and obsolete dogmatic, reactionary, outdated ..... it is impermissible to travel into the legislative fields for ascertaining the mind of the legislature after the articulation of 45th amendment.22. this court cannot act as a 'third' chamber after lok sabha and rajya sabha and vidhan sabhas approval. the reasonableness justification, felt necessities of times, the bedrock of ..... giriian (scheduled tribe) is attacking the 45th amendment (d. d. basu's shorter constitution of india, p. 807. eighth edn. the constitution(forty-fifth amendment) act, 1980) for giving a decisive death-blow to article 334 of the constitution. vichitra, the petitioner, little realises the distinction between homicide and suicide. the billion .....
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 : 1985(1)WLN318
..... families'. the overtones of this ancient doctrine are discernible in the anglo-american jurisprudence of the 18th century and the first half of the 20th century, which nationalised the employer's absolute right to discharge the employee. 'such a philosophy', as pointed out by k.k. mathew, j. (vide his treatise: 'democracy ..... vast and complex machinery of distribution. the government, its agencies and instrumentalities, corporations set up by the government under statutes and corporation incorporated under the companies act but owned by the government have thus become the biggest employers in the country. there is no good reason why, if government is bound to ..... in view of the decisions referred to above, all the employees whether of state or of public corporations established under statute and employees of companies incorporated under the companies act & owned or controlled by the government, stand at the same level since element of public employment is present in all such employments.20 .....
Tag this Judgment!Court : Rajasthan
Reported in : 1(1986)ACC563
..... tribunal. in absence of insurance policy and without perusing the same the tribunal could not fix any liability higher than that mentioned in section 95 of the act. as in this case the insurance company could not, under section 110-c be saddled with a liability in excess at an amount higher than rs. 2,000/-.27. the extreme view ..... otherwise the liability of insurer is to the extent provided in clauses 1, 2 and 3 of section 95(2)(b)(ii) of the said act.7. shri gupta further puts reliance on national insurance company ltd.'s case 1985 acj 577, on the basis of this authority the learned counsel submits that in that case 19s1 acj 507 (supra) which ..... of the allahabad high court held that where the claimants claimed by way of compensation an amount larger than the amount prescribed under the act against the insurer, the insured and the driver but the insurance company failed to disclose the amount of insurance by bringing on record the policy, it would not be possible to presume in the absence .....
Tag this Judgment!Court : Rajasthan
Reported in : 1985(2)WLN437
..... tribunal. in absence of insurance policy and without perusing the case the tribunal could not fix any liability higher than that mentioned in section 95 of the act. as in this case the insurance company could not, under section 110-c be saddled with a liability in excess at an amount higher than rs. 2000/-.28. the extreme view taken ..... otherwise the liability of insurer is to the extent provided in clauses 1, 2, and 3 of section 95(2)(b)(ii) of the said act.8. shri gupta further puts reliance on national insurance company ltd. v. chunuram and anr. 1983 acj 577, on the basis of this authority the learned counsel submits that in that case 1981 acj ..... of the allahabad high court held that where the claimants claimed by way of compensation an amount larger than the amount prescribed under the act against the insurer, the insured and the driver but the insurance company failed to disclose the amount of insurance by bringing on record the policy, it would not be possible to presume in the absence .....
Tag this Judgment!Court : Rajasthan
Reported in : 1987(12)ECC389; 1987(10)LC307(Rajasthan); 1986(26)ELT703(Raj); 1986(2)WLN612
..... desai, learned counsel for the petitioner made two principal submissions that once the excise relief is given by the central government and on that basis the petitioner company acted and made an investment then the government cannot be allowed to revoke this excise exemption because they are estopped from doing so because of promissory estoppal. secondly ..... by way of substantial expansion of the units. it is alleged that discussions took place in the office of finance ministry, but in the meantime the company acted on the basis of the old notifications commenced its production and cleared the goods on 31st april, 1984 which the date postulated for eligibility of the ..... of the notification no. 107/81 dated april 24, 1981 and notification no. 87/84 and 88/84-ce dated 6th april, 1984 the petitioner company has acted on the positive assertion of central government and made huge investment in establishing tyre factory, therefore the respondents cannot be allowed to withdraw this excise relief, .....
Tag this Judgment!Court : Rajasthan
Reported in : [1987]67STC103(Raj)
..... in any year.34. his lordship r.s. pathak, j. (as he then was), in allahabad milling company pvt. ltd. v. sales tax officer ii, allahabad , while dealing with section 21 of the u. p. sales tax act, 1948, which contained the words 'reason to believe' held that the assessing authority must have, as das ..... s. no. description of goods rate of tax(1) (2) (3)----------------------------------------------------------------------------8. packing material, that is to say,- 4%(a) gunny bags and hessian,(b) jute twine,(c) craft paper and craft paper bags,(d) empty tins and empty barrels,(e) empty bottles and corks,(f) wooden boxes (khokhas) and tin boxes,(g) ..... 3 per cent as the rate of tax payable by a dealer in respect of packing material, that is to say (i) gunny bags and hessian (ii) jute twine (iii) brown paper and other paper adapted for use in packing goods (iv) empty tins and empty barrels (v) wooden boxes (khokhas) and tin boxes .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1989Raj51; 1988(2)WLN487
..... the amount of the octroi duty as claimed was not paid within fifteen days, the municipal council would have issued a notice of demand under section 149 of the act. if the plaintiff-company upon whom a notice of demand would have been served did not, within forty days from the service of the notice, pay the sum demanded or did not ..... articles of commerce quite distinct from the raw cashewnuts....there is a transformation of the goods. the raw cashews are consumed by the respondents in the sense that a jute mill consumes raw jute, or a textile mill consumes cotton and yarn.'similarly in m.s. anwarkhan mahboob co. v. state of bombay, air 1961 sc 213 (216, 217), k. c. das .....
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