Court : Rajasthan
Reported in : AIR2001Raj115; 2002(1)WLN485
..... the rule of law, such things should not happen. in any event, the statutory authorities like the state transport authority and regional transport authority should not act beyond the parameters laid down by law after pronouncement of law in this regard in jamidara's case. it was, therefore, not open for the respondents ..... grant of permits, registration etc. of vehicles plying for passenger transport within india are governed by the provisions of motor vehicles act, 1988 (hereinafter referred to as 'the act'). chapter 1 of the act deals with preliminary definitions. chapter ii provides for licensing of drivers of motor vehicle and spells out the conditions subject to ..... the transport is usually by motor vehicle, passenger transport is invariably by motor vehicles. the passenger transport was governed by the motor vehicles act, 1939. with development of transport facilities and voluminous increases in the passenger transport restructuring of the law was found necessary and hence motor vehicles .....
Tag this Judgment!Court : Rajasthan
Reported in : I(1996)DMC657; 1996(1)WLC179
..... court and the orders passed thereunder would be revisable under section 19(4) of the family courts act. similarly, jurisdiction under section 4 of the muslim women (protection of rights on divorce) act, 1986 was exercisable by a magistrate under the provisions of wakf act, 1954. such jurisdiction would now lie with the family court under section 7(2) and an ..... 19(4) is, therefore, maintainable against the impugned order.12. the petition moved under section 115 cpc by the petitioner could have been treated, in the interest of justice, as an appeal under section 9(1), but for the obvious reason that it was not filed within a period of 30 days from the date of impugned order, ..... by the learned judge, family court, ajmer in the facts and circumstances of the case so as to ignore the forum and period of limitation in order to do substantial justice to the parties.13. in the result, since the impugned order was passed by the judge, family court, ajmer in exercise of his powers under section 7(1) .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1998Raj90; 1998(1)WLC521
..... ) that there is no provision in chapter iii-b or the rules framed under the act for issuing the notice to the transferors. the act or the rules framed thereunder, by necessary implication, even exclude the principle of natural justice in proceedings under chapter iii-b of the act and as such the transferors cannot claim notice in ceiling proceedings under chapter iii-b ..... iii-b or the rules framed thereunder, for issuance of notice to the transferee. the act and the rules framed thereunder, by necessary implication, exclude principles of natural justice and as such the transferee cannot claim notice in ceiling proceedings under chapter iii-b of the act. it was further held that the principle of audi alteram partem is excluded by necessary implication .....
Tag this Judgment!Court : Rajasthan
Reported in : 2003(2)WLN107
..... belonging to or under the control of the government, whether its employees are in receipt of benefits substantially, similar or superior to the benefits provided under the act, has to be established by leading evidence, raising issues and determination of such facts by adjudicating body.19. the question, therefore, cannot be decided merely on ..... made by the learned single judge about realisation of the contribution during the operation of the interim order is concerned, being in consonance with justice and equity, we are not inclined to interfere with the same.with the above directions, these appeals stand disposed of with no ordersas to costs. ..... deals with the adjudication of the disputes and claims. section 74 envisages establishment of employees insurance courts for resolution of the disputes arising under the act. section 75 of the act enlist the matters to be decided by the employees insurance court. under section 75), the question where any person is liable to pay the employee .....
Tag this Judgment!Court : Rajasthan
Reported in : (1993)IILLJ961Raj
..... pathak placed reliance on the decision of this court in b.n.k. sankari wholesale upbhokta bhandar ltd. v. prescribed authority under the rajasthan shops and commercial establishment act, 1986 rajasthan lt 302.8. s/shri praveen balwada and s.k. kaushik, learned counsel for the non-petitioner no. 2, on the other hand, argued that ..... action had been taken against the non-petitioner no. 2, in accordance with the provisions of rules and principles of natural justice. after framing the issues the prescribed authority recorded the evidence and passed the order dated august 31, 1988 (annex. 1) directing reinstatement of non-petitioner no. ..... management of the bank in removing him from service with retrospective effect from december 20, 1986 by an order dated, september 23, 1987. the action had been taken without any inquiry and in violation of the principles of natural justice. the petitioner contested the claim of the non-petitioner no. 2 and asserted that the .....
Tag this Judgment!Court : Rajasthan
Reported in : (2004)191CTR(Raj)303; [2005]277ITR166(Raj)
..... to state of sikkim w.e.f. asst. yr. 1990-91. thus, for the assessment year in question i.e., 1986-87, previous year relevant to which ended on 31st march, 1986 during which the assessee had won the lottery, the it act, 1961 was not extended to the state of sikkim. therefore, any income earned, accrued or received in sikkim in previous year ..... 1986-87 was beyond the charge of taxation under the act of 1961.7. the other aspect of the above contention is that since in the territory of sikkim, the it laws as were applicable to the sikkim before its becoming ..... rajesh balia, j. 1. this reference is made under section 256 of the it act, 1961, by the tribunal, jaipur. it relates to asst. yr. 1986-87. the following questions have been referred to this court for its decision :'1. whether, on the facts and in the circumstances of the case, the hon'ble tribunal was .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2004(4)Raj2097; 2004(4)WLC347
..... government did not record its own finding, as required by rule 22 of the rules of 1996, read with section 38 of the act of 1994, the enquiry being in utter breach of principles of natural justice, and charges leveled against him, being baseless, as the respondent no. 4 did not pass any order on his own, rather all ..... , the state government itself has recorded its finding, as required by rule 22(7) of the rules and section 38 of the act of 1994. so far as the enquiry being in breach of principles of natural justice is concerned, of course reliance has been placed by the learned counsel for respondent no. 4, on the judgment of this court ..... came in force, the proceedings initiated against the respondent no. 4, under section 17 of the act of 1953, automatically came to an end, still they were continued. enquiry officer did not conduct the enquiry in accordance with the principles of natural justice, neither the list of departmental witnesses was given, nor the list of documents, relied upon, was .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR2000Raj251; 2001(4)WLC500
..... vehicles for the purposes of the taxation also. 32. as discussed above that the demand notices in question have been made in breach of principles of natural justice, ordinarily we would not have gone into the question raised by the learned counsel for the respondent and leave it to be decided by the assessing authority, ..... remedy. it is well settled that where the orders have been passed by statutory authorities in violation of principles of natural justice, where it has a duty to act in accordance with the principles of natural justice, the alternative remedy cannot be held as a bar to the maintainability and entertainability of the petition under article 226 of ..... make the impugned order at all, because no tax is leviable. there is no explicit exclusion of natural justice. we do not find any such exclusion by necessary implication either from the provisions of the motor vehicles taxation act, 1951. making an order determining liability, where it is not admitted by the assessee, is a sine .....
Tag this Judgment!Court : Rajasthan
Reported in : 1995(2)WLC296
..... notice issued.4. the grievance of the petitioner is also that they were given only ten days' time for filing the reply and thus the principles of natural justice have been violated. a reasonable opportunity as directed by the apex court has also not been given. the notice was received on march 11, 1994, and there ..... have been raised by learned counsel do not require to be gone into.12. the principles for valuation in respect of an immovable property under the wealth-tax act or other taxation laws are different from the principles which are applicable to acquisition proceedings. the proceedings under chapter xx-c are akin to the acquisition proceedings and ..... been taken by learned counsel for the respondents is that the writ petition is not maintainable as the petitioner and the vendor have contravened the provisions of the act by transferring the property before any permission could have been given by the appropriate authority and for which reliance has been placed on the decision given by a .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR2000Raj291; 2000(4)WLC93
..... ...... (iii) by improper reception, refusal or rejection of any vote or the reception of any vote which was void, or (iv) by any non-compliance with the provisions of the act or of these rules, or (e) that in fact the petitioner or some other candidate received a majority of the valid votes, or (f) ..... ..... ....,' 10. the main ..... not entitled to file the present writ petition but to seek his appropriate remedy by filing an election petition as envisaged under section 43 of rajasthan panchayati raj act read with chapter-xiii of the election rules of 1994.3. the main thrust of the argument of learned counsel for the petitioner, sri rajendra soni ..... that if the aforesaid rules are held to be ultra vires, then, of course, instead of invoking statutory provisions, contained under section 43 of rajasthan panchayati raj act read with chapter xiii of the election rules of 1994, by way of filing an election petition challenging the declaration of result before the election tribunal, the petitioner .....
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