Court : Rajasthan
Reported in : 2002(4)WLC227; 2002(5)WLN713
..... lie from any decree when the subject-matter of the original suit is for recovery of money not exceeding rs. 25,000/-.section 16 of the said amendment act, 2002 provides for repeal and savings and relevant part thereof is as under:(1)....(2) notwithstanding that the provisions of this act have come into force or ..... by the repelling act. in the said case, the apex court considered the right of absorption of the employees working under the contract in view of the provisions of karnataka contract carriage (acquisition) act, 1976, which repelled the ordinance of 1976 with retrospective effect and the court held that even if there was any vested right of the ..... implication in the subsequent statute, was to abrogate or wipe off the former enactment wholly or in part, then it would be a case of total pro tanto repeal. the court further observed as under:section 6 of general clauses act would be applicable in such cases unless the new legislation manifests intention inconsistent with or contrary to .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2003(1)Raj155; 2003(1)WLN371
..... relevant because now we have a high court of bangalore in karnataka and the mysore high court does not exist. the manipur court-fees (amendment and validation) act, 1953 has also become redundant and the slate govt. has also conveyed its no objection to the proposal to repeal this act. for the repeal of the goa, daman and diu judicial commissioner's court (declaration ..... had become obsolete, redundant and was no longer required to be on the statute book. for the repeal of bombay high court (letters patent) act, 1866, it was stated that this act was introduced to correct two clerical errors and subsequently, by virtue of amendments made in 1948, that no longer serves the purpose. as regards the unclaimed deposits act, 1866 and .....
Tag this Judgment!Court : Rajasthan
Reported in : 2002(3)WLN122
..... grounds taken by the petitioner is tenable in eye of law because of the reasons that it is wrong to say that rajasthan land acquisition act, 1953 stood impliedly repealed. the petitioner society has utterly failed to point out any repugnancy whatsoever. moreover, admittedly the petitioner filed its objections against the acquisition on 29th december, 1987 and ..... reported in 1995(1) lal 83 (raj); air 1975 allahabad 202; 1999 (1) lacc 73 raj. db; 1999 (1)lacc 559 (raj); 1999(1) lacc 457 karnataka.44. mr. s.m. mehta, advocate gerneral appearing on behalf of the state of rajasthan, in support of his contentions placed reliance on the judgment reported in rlr 1989(1 ..... shall be deemed to have been extended upto the date of such declaration or award. in a proceeding pending on the date of commencement of the land acquisition (rajasthan amendment) ordinance, 1986, such period or periods shall be deemed to have been extended upto and the declaration or the award, as the case may shall be made within .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2007(4)Raj2848
..... premises has been determined or redetermined by any court under this act or by any authority under any law or order repealed by section 30 before the commencement of the rajasthan premises (control of rent and eviction amendment) ordinance 1975 and the amount of such fair rent or standard rent is the same as would be determinable as ..... under the act of 1950, then the said previously determined or redetermined rent shall not be disturbed. if the fair rent or the standard rent under the old repealed act is the same as would be determinable in new act then that by virtue of that fact only, cannot disturb the previously determined rent, then in that ..... commencement of lis. said judgment was delivered in the matter of rent control act itself tough of karnataka rent control act. the hon'ble apex court held that new rent act is not given retrospective effect and, therefore, also the amended provisions cannot be applied to the pending litigation. yet another judgment of the division bench of this .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR2000Raj130
..... this case, it has been held that vacancies in a promotional post occurring prior to the amendment have to be filled up in accordance with the unamended rules. p. mahendran v. state of karnataka reported in air 1990 sc 405. the amended rules were not enforced in relation to the existing recruitment because the selection of candidates had ..... order. n. t. devin katti v. kamataka public service commission reported in 1990 (3) scc 157 : (air 1990 sc 1233) and p. mahendran v. state of karnataka reported in (1990) 1 scc 411 : (air 1990 sc 405). in these cases, it was observed that person applying for appointment if otherwise qualified in accordance with the existing ..... emergency power cannot be resorted to for legislative purposes and the vice-chancellor is not empowered to repeal an ordinance in exercise of the emergency powers. thus, it has been contended that no power is vested in the vice-chancellor to amend the ordinance 272 as has been claimed by the university.25. mr. vijay agrawal, learned .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2003(4)Raj2523; 2003(4)WLC403
..... schedule general insurance (rationalisation and revision of pay scales and other conditions of service of supervisory, clerical and subordinate staff) scheme, 1974 has not been repealed or replaced by the seventh schedule by amendment scheme 2000. the special allowance payable to the petitioner is pursuance to the notification dated 27.8.1998 has not been withdrawn by the ..... in a case of chandra prakash tiwari and ors. v. sakuntla sukla and ors. (2). but here in this case, there arises no question of implied, repeal or replacement of sixth schedule rather notification dated 22.6.2000 itself expressly saved the sixth schedule by saying in sub-clause (ix) of clause (3) of the ..... . learned counsel for the petitioner rightly relied upon the judgment of the supreme court in the case of a.b. krishna and ors. v. state of karnataka and ors. (1), wherein it has been held that earlier rules cannot be held to have been superseded by latter rules by implication which was further reiterated .....
Tag this Judgment!Court : Rajasthan
Reported in : 1979WLN530
..... has a direct bearing on the controversy which has arisen before me. in k. veerabassappa v. the court of district judge at chitradurga and ors. a.i.r. 1979 karnataka 40, an application for eviction was made be fore the munsif on the ground of premises being required for running the business. the tenant denied the plea of bonafide requirement ..... in that connection, it was observed that the view taken by the board would remain good law only so long as the provisions remain in existence but if they were repealed in a way as if they had never been enacted, the substratum of the board's order would disappear; and the court to which the suit had been remanded ..... implement an order of the superior court by this i should not by understood as stating that in a remand case, a subordinate court cannot, allowed an application for amendment at all or that an order of remand should be implemented even without reference to any change in law or any other valid circumstances which can neither be predicted nor .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR2003Raj313
..... the effect that the period can be extended by the court not exceeding thirty days in total section 32 of the amendment act, 1999, providing for repeal and saving, does not save anything, so far as section 148 of the code is concerned. therefore, being procedural law, it may be held that the court may ..... court can be generous or liberal in issuing such directions which in substance amount to directing the authorities concerned to violate their own statutory rules and regulations.'26. similarly in karnataka state road transport corporation v. ashrafulla khan, (2002) 2 jt (sc) 113 : (air 2062 sc 629), the hon'ble apex court has held as under (para 26) :--'the ..... b. channabyre gowda v. state of mysore, air 1974 kant 136, it was held that in absence of the order of the court extending the time for filing the amended plaint, amended pleadings cannot be taken on record and cannot be considered.19. in nareshchandra chinutahai patel v. the state of gujarat, air 1977 gujarat 109, the court held that .....
Tag this Judgment!Court : Rajasthan
Reported in : (1998)IILLJ1198Raj; 1998(1)WLC692; 1997(2)WLN385
..... provides for management etc. by the government of india, reason being that the government has to control to the extent that the governing body shall frame, amend and repeal the bye-laws etc. strictly in accordance with the purposes for which the society has been formed. the said society was found to have its existence independent ..... or discharges statutory power or discharges statutory public duties and writ petition is not maintainable against a co-operative society.6. similar view has been taken by the karnataka high court in workmen kampli cooperative sugar factory limited v. the management of kampli sugar factory limited and ors. (1995-i-llj-727) and it has ..... amdement would also be registered under the act. under section 14 of the act, the registrar has the power to require the society to make the amendment under certain circumstances within a stipulated period. section 35 provides for to nominee of the government on the committee whereas section 35-a provides for additional nomination .....
Tag this Judgment!Court : Rajasthan
Reported in : (2003)181CTR(Raj)234; RLW2003(4)Raj2208; [2004]136STC317(Raj)
..... portion underlined by us in the above extract clearly affirms the said aspect.in support of above contention, learned counsel also placed reliance on mahendra perfumery works v. state of karnataka (2000) 118 stc 74.20. replying the contention of learned counsel for the petitioner regarding entry no. 16 in the notification dt. 27th july, 1990, learned counsel ..... to be identified differently for the purposes of sales-tax. the decision relied on by minority view in the tribunal in reliable rocks builders and suppliers v. state of karnataka (1982) 49 stc 110 turned on the concept of consumption of goods for the purpose of bringing into existence new goods. in that case the court was not ..... be taxed in terms of the act.6. learned counsel places reliance on a decision of hon'ble supreme court in the case of sterling foods v. state of karnataka and anr. (1986) 63 stc 239 (sc) wherein following observations have been made :'the test which has to be applied for the purpose of determining whether a .....
Tag this Judgment!