Court : Rajasthan
Reported in : 1999(2)WLC491; 1999(1)WLN294
..... develop the land for residential purposes by framing the proper scheme. land is acquired for the purpose of ..... j.c. verma, j.1. the jaipur development authority (here-in- after called as the jda), a public sector undertaking, a state under article 12 of the constitution of india, is covered by the statutory provisions called the jaipur development authority act (hereinafter called the jda act). it is engaged with the development of jaipur in a planned manner. one of the functions of the jda is to .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2004(3)Raj1760; 2004(3)WLC231
..... vote and to participate in the proceedings for no confidence. further more a member shall not be ceased to be member under section 39 of the act of 1994 unless the competent authority after giving an opportunity of being heard to the member declare him to have become so ineligible. proviso to sub-section (2) of section 39 ..... under section 39 is made, harjeet singh shall continue to hold his office.12. since no declaration under section 39 of the act of 1994 for cessation of membership was passed by the competent authority, therefore, harjeet singh was entitled to cast his vote and to participate in the proceedings of no confidence motion that took place ..... notification dtd. 6.1.2000, the declaration of disqualification is now to be made by the competent authority without any intervention of the court and it is in the exclusive domain of the competent authority under section 39 of the act of 1994.11. as per reply of the respondents, they have themselves admitted that harjeet singh was .....
Tag this Judgment!Court : Rajasthan
Reported in : 2001(1)WLC294; 2001(2)WLN117
..... specifically the person working in the service of panchayat samiti or zila parishad must be regarded as government servantholding post under state panchayat samiti and zila parishad which derive their authority from statute and are under ihe administrative control of the state government and exercise many governmental functions. in paras 19, 20 the division bench of this court held that the ..... panchayat service constituted under sec. 89 of the rajasthan panchayat raj. act, 1994 and u/s. 86 of the rajasthan panchayat samilis and zila parishad act, 1959 is civil service of state and members thereof are government servants entitled to same relaxation of ageln case of their employment on post .....
Tag this Judgment!Court : Rajasthan
Reported in : 2002(1)WLN97
..... as it was capable of being selective applied in vicious manner by recourse of pick and choose formula. (37). in o.p. bhandari vs. indian tourism development corporation ltd. (32), the apex court considered a similar provision authorising the termination of the services without holding an enquiry merely by giving notice, the hon ..... there is no rational ground for doing so, even arbitrarily or capriciously. to uphold this right is to accord a 'magna carta' to the authorities invested with these powers to practise uncontrolled discrimination at their pleasure and caprice on considerations not necessarily based on the welfare of the organisation but possibly ..... admission courses of training for nurses, mid-wives and health visitors, framed under the provisions of the raj. nurses, midwives, auxiliary nurses and midwives registration act, 1964, and declared the said rules void and unenforceable as the same had not been placed before the house which was mandatorily required therein. the court .....
Tag this Judgment!Court : Rajasthan
Reported in : [2004]136STC568(Raj); 2003(1)WLC14; 2002(4)WLN657
..... the maintainability of the appeal before the appellate authority under section 84 of the rst act. on merit, it was specifically denied that solvent extracted oil sold by the assessee-company was edible oil so as to make it ..... the reassessment order. it was also contended that no reassessment proceeding could be initiated under section 12 of the rst act for the reason that there was nothing which was concealed before the regular assessing authority which framed the regular assessment order dated june 28, 1995. the revenue raised a preliminary objection with respect to ..... anti-evasion, jaipur, conducted a survey of the business premises of the respondent-company on april 24, 1997. the said authority issued a notice dated may 17, 1997 under section 12 of the rst act calling upon the assessee-company to show cause as to why the assessment made be not reopened. the respondent-company sought .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR2000Raj31; 2000(1)WLC105
..... corporation v. commr. of income-tax, west bengal reported in air 1996 sc 1316, he submitted that the corporation established under the road transport corporation act is held not to be a local authority by the hon'ble supreme court, therefore the impugned order at annexure 3 passed by the respondent no. 2 is liable to be set aside. ..... the staff of the panchayat and the officers and employees whose services may be placed at the disposal of the panchayat by any other authority.(f) for the transaction of business connected with this act or for the purpose of making any order authorised thereby, exercise such powers, perform such functions and discharge such duties as may be ..... the requirements is that a person is or becomes subject to any of the disqualifications specified in section 19 of the act. under section 39(2) of the act, whenever it is made to appear to the competent authority that a member has become ineligible to continue to be a member for any of the reasons specified in sub-section .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2005(3)Raj1922; 2005(3)WLC422
..... member for any of the reasons viso to that sub-section, shall specified in sub-section (1), the not be eligible for being chosen concerned authority may, after under this act for a period of giving him an opportunity of five years from the date of his being heard, declare him to removal or, as the case ..... . section 39 deals with cessation of membership on being or having become disqualified or incurring any disqualification prescribed under section 19 of the act. sub-section (2) empowers a competent authority to declare a member to continue his office if he is satisfied on holding such enquiry as he deem fit that the member is ..... the challenge is on two fold grounds. firstly, that the provision authorizing the state government to nominate competent authority under section 2(vii) of the rajasthan panchayati raj act 1994 is invalid as according to the learned counsel for the petitioner the naming of competent authority is a part of essential legislative function which could have been designated .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2004(1)Raj486; 2004(1)WLC639
..... merit as demonstrably the very foundation of initiating of reassessment and consequent reassessment has been founded solely on that premise. in ordinary course of proceedings the authorities below tax board are expected to follow the same decision as a matter of judicial propriety. in view of the decision of the tax board, the ..... lubricant which are required in manufacture of goods. articles used for making the commodity salable would not come within the definition of 'raw materials' under the act, 1994 unless such processing brought into existence a commercially different and distinct commodity.17. section 4 provided for the rates to be prescribed by state by ..... the skimmed milk. it loses its identity as raw material as soon as intermediary product milk is brought into existence for further processing.10. in the act, 1994 under section 2(27), the term 'manufacture' has been defined to include every processing of goods which brings into existence a commercially different and distinct .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR2000Raj44; 2000(1)WLC372
..... ). dealing with the contention of the petitioner that the executive officer had no jurisdiction to hold a preliminary enquiry as there is no order delegating any authority to him to hold a preliminary enquiry, the learned single judge expressed that it was not necessary to go into the question for the reason that ..... giving his defence, if any and whether he desires to be heard in person.' rule 320.-- officer incharge of panchayati raj. -- (11 chief executive officer shall act as office incharge panchayati raj at the district level for general superintendence, guideline and direction of all panchayati raj institutions in the district.rule 336. -- other powers ..... proceedings in regard to an offence involving moral turpitude is pending trial in a court of law and such person shall stand debarred from taking part in any act or proceedings of the panchayati raj institution concerned while being under such suspension.' rajasthan panchayati raj rules. 1996.22. procedure of enquiry. -- (11 before .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1999Raj238; [2000(84)FLR60]; 1999(1)WLC664
..... were not disqualified. in other words, such a person shall cease to be a member only after he/she is declared as disqualified by the competent authority under sections 39 and 40 of the act, as the case may be.9. in the light'of what is stated above, the writ petition is devoid of any merit, hence, it is ..... the allegation or has whenever any member is himself in doubt whether or not he is or has become disqualified for being a member, such member or the competent authority or any member of the panchayati raj institution concerned may apply to the district judge having jurisdiction for a decision on the allegation or doubt.(2) the application made ..... under section 19 :provided further that until a determination under this sub-section is made he shall continue to hold his office,' (underlining is ours)section 40 of the act reads thus : 'judge to decide questions of disqualifications- (1) whenever it is alleged that any member of a panchayati raj institution is or has become disqualified and such .....
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