Court : Rajasthan
Reported in : AIR1988Raj132; 1987(2)WLN948
..... 28.head note b 'karnataka municipal corporation act, 1976 (14 of 1977) sections 174, 175 and 176 -- land granted by government to corporation for public garden or public park. ..... 'head note a ''constitution of india, article 226 locus standi petition by resident of simla for direction to simla municipal corporation to perform its statutory functions. ..... otherwise, a profligate statutory body or pachydermic-governmental agency may legally defy duties under the law by urging in self defence a self-created bankruptcy or perverted expenditure budget. ..... 'rajasthan panchayat act equally protects public land : --section 2(7) 'public land; or 'common land' means land which is not in exclusive possession and use of any individual but is used by the inhabitants of a panchayat circle commonly'.section 2(8) 'public street means any road, street, bridge, lane, square, court, alley or passage which the public has a right to pass along and includes the drains or gutters on either side and the land up to the defined boundary of any abutting property ..... 156/80, 171/80 and 206/80 in which the enlightened citizens of bundi in widen public interest for protecting a public park area of the city of bundi, have filed these suits. .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2004(3)Raj1788; 2004(4)WLC17
..... acquisition proceedings were initiated by the appropriate government at the instance of the jaipur development authority (for short 'jda'), which was not competent to deal with the public street/road and it was the jaipur municipal corporation (for short 'municipal corporation'), which was empowered under article 243w of the constitution of india, read with section 82 of the rajasthan municipalities act, 1959 (hereinafter to be referred as 'the rm act') to initiate proceedings for acquisition of land for construction of roads within the ..... just because there may not be actual permission by the jaipur municipal corporation to widen the road, is no ground to hold the notification under section 4 of the la act to be invalid. ..... all interests of whatever nature and kind therein) situated in urban area of jaipur and vested in the trust for the purpose of carrying out or undertaking development or improvement in such area, immediately before such constitution, shall pass on to and vest in the authority so constituted;(d) all stores, articles or other movable properties belonging to the trust held by it for the purpose of carrying out or undertaking development or improvement in such area, immediately before such constitution, shall ..... state of karnataka (& connected appeals), bhavnagar university v. ..... karnataka electricity board and ors. .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2008(1)Raj885
..... purpose for which the board has been constituted does not fall 'within the ambit of jaipur development authority act or the municipal corporation act. ..... the grievance of the petitioner is that two statutory bodies namely, jaipur development authority and the municipal corporation are in place in the city of jaipur and, therefore, there was no need to ..... to time; that such policy and guidelines can be issued for general application or for a class of persons or area or based on some such other criteria in conformity with article 14 of constitution but the power conferred by section 90 cannot be exercised by the government to give direction in respect of one individual particular case; that for exercise of power under rule 15-b, the existence of definite guidelines and policy for allotment of land for the purposes of ..... ), the land as defined in section 103 of that act, excluding land referred to in sub-clause (ii)of clause (a) of the said section and nazul land placed at the disposal of a local authority under section 102a of that act in jaipur region shall, immediately after establishment of the authority, under section 3 of this act, be deemed to have been placed at the disposal of and vested in the authority which shall take over such land for and on behalf of the state government and may use the same ..... chand bhandari also argued that in none of the orders passed by this court, the controversy has been decided on ..... one third of the budget has already been spent. ..... state of karnataka and anr .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1990Raj20; 1989(2)WLN250
..... ; (air 1984 raj 1); karnataka agro corporation v. a. ..... if the court has failed to record any reason for receiving any amount at a later stage, it may be said that it has acted with material irregularity in the exercise of its jurisdiction. ..... the order of the first appellate court may be right or wrong may be in accordance with law or may not be in accordance with law, but one thing is clear that it had jurisdiction to make that ..... , (1988) 2 raj lr 464; karnataka agro industries corpn. ..... great reliance has been placed by the learned counsel for the petitioners on municipal council, bharatpur v. ..... corporation ..... ram, 1980 raj lw 42 : municipal council bharatpur v. ..... being so, the high court could not invoke its jurisdiction under section 115 of the c.p.c. ..... correct errors of facts or law, howsoever gross they may be and it can do so only when the said errors have relation to the jurisdiction of the court ..... , air 1980 bom 387, order was passed under order 13, rule 2, c.p.c. ..... is well settled law that the expression 'illegal' is to be taken to mean 'in breach of some provisions of law' and the expression 'with material irregularity' to mean 'by committing some error of procedure in the course of trial which is material in that it may have effected the ultimate decision'.5. ..... is perfectly maintainable against an order passed under order 13 rule 2, c.p.c ..... against an order passed under order 13 rule ..... 1988 passed in civil revn. ..... , if it is passed by the court with material irregularity in the exercise of its .....
Tag this Judgment!Court : Rajasthan
Reported in : (2008)16VST387(Raj)
..... into the local area and the phrase 'local area' has been defined in section 2(14) of that act to mean 'an area within the limits of a municipal corporation established under the haryana municipal corporation act, 1994, or a municipality established under the haryana municipal act, 1973, or a town board or a cantonment board established under the cantonment act, 1924, or a zila parishad established under the haryana panchayati raj act, 1994, or any other local authority constituted or continued under any law for ..... notification dated july 31, 1998 was not to abrogate the provisions of the municipalities act or the panchayat act, to which we have made reference earlier, and which authorises levy and collection of octroi by such local authorities but only the notification prescribing rates at which the municipal corporations or the municipal board could levy and collect the taxes has been withdrawn. ..... fact that levy and collecting agent has become the state and not the municipal corporation does not affect the basic nature of the levy being on movement of goods ..... state of karnataka : air1983sc1283 :.every local body from municipal corporation to gram panchayat in every state enjoys the ..... already paid by the petitioner as entry tax shall be refunded to him on proof of the fact that burden thereof has not been passed on to the users, consumers or buyers of such goods, as the case may be, as aforesaid. ..... is placed to establish the commensuration of the expenses with the benefits provided.171. .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2005(1)Raj682; 2005(1)WLC548
..... state to take steps to organize village panchayats and endow them with such powers and authorities as may be necessary to enable them to function as units of self government and an entry in list 11 of schedule vii where the state government has the power to legislate in regard to the constitution and powers of municipal corporations, improvement trusts, district boards, mining settlements authorities, and other local authorities for the purpose of ..... lands;(f) mobilising voluntary labour and contributions in kind or cash or both for the community welfare programmes;(g) promoting literacy, education, health and nutrition;(h) promotion of unity and harmony among all sections of the society in such areas;(i) seeking clarifications from the sarpanch and members of the panchayat about any particular activity, scheme, income and expenditure;(j) identification and approval of development works ..... benefit of a teacher under the karnataka universities act, 1976 ..... 2000 for regularization of the teachers, who have been appointed on contract basis under the black board scheme, which also included regularization of those teachers, who had passed senior secondary in vocational and the state government took the stand that they were not equivalent to academic, but provided scheme for undergoing bridge course in respect of those teachers.schemes:4 ..... show that the provisions are only in the nature of basic provisions and they are required to be supplemented by law made by the respective state legislature. .....
Tag this Judgment!Court : Rajasthan
Reported in : I(1987)ACC344; AIR1986Raj192; 1986(2)WLN145
..... municipal corporation of delhi, air 1973 delhi 67, the learned single judge ..... municipal corporation of delhi air 1973 delhi 67 and ..... , brajesh kumar,kamlesh kumar, vipin behari and chandrashekhar, all sons of deceased chiranjilal byway of loss of love and affection and mentalagony, the rajasthan state road transportcorporation, hereinafter referred to as the'corporation', filed an appeal challenging theaward dated 13-10-80 given by the tribunal.the learned single judge considered that animportant question of law had been raisedduring the arguments of the appeal in respectof admissibility of compensation ..... division bench of the karnataka high court held as under : --'it may be noted that section 110a of the 1939 act enables all or any of the legal representatives of the deceased to apply for compensation arising out of an accident of the nature specif ied in sub-section (i) of section 110. ..... are inclined to hold that both the substantive provisions intended to supplement each other. ..... passing of the fatal accidents act suits were being filed by the relations mentioned in section 1a of the act for recovering compensation for deaths caused by tortious acts ..... 1976 acc cj 474: (air 1976 andh pra 184) a division bench of andhra pradesh high court, held as under :'the learned counsel for the respondent contended that even assuming that damages under this head could not be awarded under the fatal accidents act, compensation for loss of consortium can be awarded under the motor vehicles act .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1994Raj87; 1993(2)WLC169
..... 1987 sc 294 (tampering with marksheet of the chief minister's daughter); municipal corporation of greater bombay v. ..... rajasthan urban areas (sub-division, reconstruction and improvement of plots) rules, 1975 (in short, 'the rules') have been framed by the state government in exercise of powers under section 74 read with section 73-a of the urban improvement trust act (for short, 'uit act), the rules provides a complete procedure permission for subdivision, reconstruction and improvement of plots by a person or a private individual or a local authority or group of individuals, societies including co-operative societies or companies whether incorporated or not, or ..... it should not be forgotten that the existence of public institutions like jda or municipal council/corporation, and their officers, are for public good and they have a statutory duty to develop, maintain, and lookafter properly such public places/sites which are meant for park/children ..... state of karnataka (supra), it was observed :'when any alteration is sought to be made in the original scheme, it becomes incumbent upon the authorities to give an opportunity to the persons who had been affected by the earlier order and ..... passed sometime in the month of may, ..... air 1976 sc 1455 : (1976 lab ..... the year 1976 in mumbai ..... 1976, as follows : --'public interest law is the name that has recently been given to efforts to provide legal representation to previously ..... ') applied for sub-division of plots under the rules in the year 1976. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR2003Raj266; RLW2004(2)Raj749; 2003(3)WLC704
..... . it was the case before the constitution bench of 7 judges in which like provisions of bombay municipal corporation act, 1988 and the bombay government premises (eviction) act, 1955 were under challenge inter alia on the ground that two enactments provided two different procedures ; under one enactment, the authority could proceed to file civil suit and under ..... and it clearly provides that if after considering the cause, if any, known by any person in pursuance of a notice under section 4 and any evidence that he may produce in support of the same and after giving him a reasonable opportunity of being heard, the estate officer is satisfied that the public premises are in unauthorised occupation, the officer may, on a date to be fixed for the purpose; make an order of eviction for reasons to be recorded therein directing ..... case, there is no scope for applying the rules of natural justice and to hold that he is disabled to issue the notice and pass the order of eviction, as rules of natural justice only supplement the law and do not supplant it ..... controversy in different shades also arose before karnataka high court in the indian bank v ..... the outset, we may notice that the learned counsel for the petitioners has not pressed his contention about declaring the notification dated 20-8-1976 exempting all premises owned or managed by wakf board and registered under the wakf act from the operation of all the provisions of the rajasthan premises (control of rent and eviction) act, 1950 to .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1994Raj167b; 1994(1)WLC626; 1993WLN(UC)512
..... area for use or sale therein and which is liable for registration in the state under the motor vehicles act, 1939 (central act 4 of 1939), at such rate or rates as may be notified by the state government from time to time but not exceeding the rates notified for motor vehicles under section 5 of the rajasthan sales tax act, 1954 (rajasthan act 29 of 1954) or fifteen per cent of the purchase value of a motor vehicle, whichever is less: provided ..... in the present case we have already pointed out above that by virture of sub-section 3(b) of section 104 of the rajasthan municipalities act no octroi is leviable on motor vehicles, therefore, this is the area where there is no conflict of the incident of taxation with that ..... is an enabling provision for the state legislature to impose a tax on entry of goods into local areas and simply because local authorities are collecting agent under the municipality of panchayat act, it does not follow that state legislature cannot enact law and empower state to collect tax on motor vehicle entering into local areas.18. ..... in this case the validity of the provisions of the karnataka tax on entry of goods into local area for consumption, use of sale therein came up for challenge, the challenge was to select local areas vis-a-vis article 14 that whether such tax imposes ..... filed by the state and the state has taken the position that the act has been passed in exercise of the power conferred on the state legislature under entry no. ..... hansa corporation, air .....
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