Judgment Search Results Home > Cases Phrase: karnataka repealing and amending act 2002 section 2 definitions Court: rajasthan Page 5 of about 95 results (0.096 seconds)

Commercial Taxes Officer, Anti-evasion Vs. Rajasthan Taxation Tribunal ...

Court : Rajasthan

Reported in : [2001]124STC257(Raj); 2001(3)WLC183; 2002(1)WLN222

..... respondent cannot be sustained.16. in coming to this conclusion the court referred to the decision of the court in the case of hindustan aeronautics ltd. v. state of karnataka [1984] 55 stc 314 (sc) and everest copiers v. state of tamil nadu [1996] 103 stc 360 (sc).17. the principle enunciated in hindustan aeronautics case ..... service contract or otherwise, may involve the use of some material or the other in execution of the said contract. the state is not empowered by the amended law to impose sales tax on such incidental materials used in such contracts.'18. thus the dominant intention behind the transaction was held to be decisive in determining ..... the intention of the parties while entering into it. in this context we would like to refer such amendments in article 466 which reads thus :...............'after quoting the clause (29a) of article 466 the court said :'the amendment referred to above has not empowered the state to indulge in a microscopic division of contracts involving the .....

Tilok Singh and ors Vs. State of Raj. and ors

Court : Rajasthan Jodhpur

..... s.b.civil writ petition no.10339/12 ) & 89 connected matters. 23 namely, rajasthan panchayat act, 1953 and (ii) the panchayat samiti & zila parishad act, 1959 were repealed and replaced by rajasthan panchayati raj act, 1994 ( for short the act of 1994 .) .21. section 89 of the act of 1994 provides for constitution of rajasthan panchayat samiti ..... in, the question of continuing them in service does not arise. relying upon the decision of the apex court in the matter of 'secretary, state of karnataka and others vs. uma devi and others' 2006(4) scc1 submitted that to meet the particular situation the state government is not precluded from framing the scheme ..... governed by the provisions of rajasthan panchayat samiti & zila parishad rules, 1959 and the rules made thereunder. after coming into force of the constitution (seventy-third amendment) act, 1992 w.e.f. 23.4.93 giving constitutional status to panchayati raj institution in india, necessitated to bring the laws relating to panchayati raj .....

R.T. Udyog Pvt. Ltd. Vs. State of Rajasthan and ors.

Court : Rajasthan

Reported in : AIR2002Raj252; 2002(2)WLC783

..... and unfair manner refuse to carry out its obligations and thereby reduce the company to a wreck.'14. in shreeshyla crowns & screws (p) ltd. v. union of india (4) the karnataka high court observed that section 30 of the act passes two fold test of valid classification under article 14 of the constitution. section 30 has not also conferred arbitrary, unguided ..... sales.' 'further section 29 does not take into account a situation where there is a statutory pari passu charge holder in existence which situation has come to exist after 1985 amendment. by introducing section 529-a, the legislature has created a category of creditors and it is for. that reason also that the provisions of section 29 alone will not be .....

The State of Rajasthan Vs. the Associated Store Industries Kota Ltd. a ...

Court : Rajasthan

Reported in : 1970WLN398

..... the merging state and further every time when there was a merger and formation of a new state, the old laws were always to continue till they were repealed, amended or altered by the new state'. under these circumstances their lordships of the supreme court took the view that 'when the new state continued all the old ..... and it ran as follows:all the laws in force in any covenanting state immediately before the commencement of the ordinance in that state shall, altered of repealed or amended by a competent legislature or other competent authority, continue in force in that state subjects to the modification that any reference therein to the ruler or government ..... laws till they were altered or repealed, and there was specific provision in each convenant that the assets and liabilities of the convenanting states were to be the assets and liabilities of the union, .....

Radhey Shyam Soni Vs. the State of Rajasthan and ors.

Court : Rajasthan

Reported in : 1992(3)WLC661; 1991(1)WLN291

..... framed, the tribunal can not function. in this respect, he drew our attention to a decision of their lordships of the supreme court in s. shamshuddin v. state of karnataka : [1984]3scr522 . that was a case where by enacting the provisions of section 63 (7) of the motor vehicles act, 1939, the state transport authority was ..... perused to a defendant in a suit falling under these provisions of law. this omission on the part of the bihar state cannot be legitimately construed as if repealing or holding in abeyance the operation of those provisions of law as if by a side wind.the contention of mr. balia, the learned counsel appearing for ..... the govt. cannot issue administrative instructions regarding the principle to be followed in promotions of the officers concerned to selection grade posts. it is true that govt. cannot amend or supersede statutory rules by administrative instructions, but if the rules are silent on any particular point, govt. can fill up the gaps and supplement the rules and .....

United India Insurance Company Limited Vs. Smt. Shilpa and ors.

Court : Rajasthan

Reported in : 2009ACJ1806; RLW2007(3)Raj2512

..... been laid down by a three-judges' bench of the hon'ble supreme court in padma srinivasan's case (supra), though it was rendered with reference to the provisions of amendment act of 1969 increasing the liability of the insurer under the act of 1939. the hon'ble supreme court has specifically rejected the contention in behari lal's case that ..... a period of four months after such commencement or till the date of expiry of such policy whichever is earlier.24. section 217 of the act of 1988 deals with repeal and savings whereby motor vehicles act, 1939 and any law corresponding to that act in force in any state at the time of commencement of the act have been ..... the later decision without noticing earlier decision or principles laid down has been rendered as a mere conclusion. it was observed by the hon'ble karnataka high court in d.v. lakshmana rao v. state of karnataka and ors. 2001 (4) kar.l.j. 185 in this regard thus:this is so in view of another well-recognised principle relating to .....

Kusum Agrotech Ltd. Vs. the State of Rajasthan and ors.

Court : Rajasthan

Reported in : RLW2009(4)Raj3162

..... learned board has failed to appreciate the legal issues involved in the present case. the issue before the learned board was with regard to retrospective applicability of amendment carried out in the definition of word 'conveyance' and the insertion of article 21 of schedule-i of the act. instead of tackeling the said issue ..... section 17 of the registration act, 1908 or not?5) whether the learned collector and the learned board have committed an illegality while retrospectively applying the amended definition of the word 'conveyance' and by retrospectively applying the notification issued by the state government?7. article 225 of the constitution of india clearly states ..... . therefore, the retrospective applicability of the amendment was not in issue in the case of hindustan lever (supra). thus, on factual matrix the case of hindustan lever (supra) and the present case stand on different footing.10. in the case of som mittal v. government of karnataka : 2008crilj1927 the apex court held as .....

Gopal Prasad Varshney Vs. Bank of Rajasthan Ltd.

Court : Rajasthan

Reported in : (2009)IVLLJ225Raj; RLW2009(3)Raj2029; 2009(3)WLN571

..... of the company; existing company, private company, and public company.27. admittedly, the respondent bank was initially established under the mewar companies act, 1942 and the said act was subsequently repealed by the companies act of 1956, now governs the respondent bank. the share capital of the respondent bank is being held by the private individuals and entities. finances of the ..... general meeting or by its board of directors, whether the same be registered, executed or passed, as the case may be, before or after the commencement of the banking companies (amendment) act, 1959 (33 of 1959); and(b) any provision contained in the memorandum, articles, agreement or resolution aforesaid shall, to the extent to which it is repugnant to the provisions .....

Anil Shukla Vs. National Council for Teacher Education

Court : Rajasthan

Reported in : 2002(5)WLC833

..... record, except the petitioner other persons appointed were government employees i.e. mrs. m. pankaja who was joint director of public instructions in government of karnataka, prem kumar ahuja, shri debabrata misra an officer of orissa government were person who were already holding the government jobs and, therefore, so far ..... candidates who were being considered for selection who were being considered for selection as they possessed the requisite qualifications prescribed by the rules before its amendment.' in the present case, therefore, the appellant possessed the necessary qualifications as advertised on the last date of receiving applications. these qualifications were ..... rule is prospective unless it is expressly or by necessary implication made to have retrospective effect.' 35. the court further observed that:'since the amending rules were not retrospective, it could not adversely affect the right of those candidates who were qualified for selection and appointment on the date they .....

Dr. Ajay Srivastava Vs. State of Rajasthan and ors.

Court : Rajasthan

Reported in : AIR2003Raj164; RLW2003(2)Raj705

..... court decision in the case of preeti srivastava and anr. v. state of mp and ors. (supra) and medical council of india v. state of karnataka, we may straightaway observe that even if such regulations are held to be binding on the university, there is no question of the same being binding in ..... from year to year so long as parliament does not pass any legislation for regulating admission to postgraduate medical courses either by separate legislation or by appropriately amending the indian medical council act by empowering the medical council of india to prescribe such regulations.' 28. the constitution bench of the supreme court has ..... in the purported exercise of its powers under section 33 read with section 20 of the indian medical council act, 1956 has framed postgraduate medical education (amendment) regulations, 2001 wherein the existing first proviso to regulation 9 of the regulations has been substituted by the following proviso:provided that wherever entrance test for postgraduate .....