Court : Rajasthan
Reported in : AIR2002Raj293; 2001(1)WLC709
..... candidate either is not qualified or is disqualified for being chosen to fill the seat under any of the following provisions that may be applicable, namely--articles 84, 102, 173 and 191, part ii of this act and sections 4 and 14 of the government of union territories act, 1963 (20 of 1963);(b) that there has been a failure to comply with any of the provisions of section 33 or section 34; or(c) that the signature of the candidate or the proposer on the nomination ..... perusal of the different paragraphs of the symbols order makes it manifest that they provide, as is made clear by its preamble, for specification, reservation, choice and allotment of symbols at elections in parliamentary and assembly constituencies as well as for the recognition of political parties in relation thereto and ..... mahendra singh gurjar to prove his authorisation and could have postponed the scrutiny for 24 hours as per the provisions of the act of 1951 and, even otherwise, the letter dated 6.11.1998, written by the president of the janta dal (sharad yadav) to the returning officer ..... to be one set up by a recognised political party and in a manner prescribed by para 13 of the symbols order, the privilege enjoyed by a candidate set up by a recognised political party as spelt out by a combined reading of section 33 of the act of 1951 with the provisions of the symbols order, is that his nomination paper is complete, inter alia, if proposed by an elector, (i.e. ..... known that overwhelming majority of the electorate .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1954Raj197
..... it is easy therefore from this to infer that the majority of the legislature did not think it necessary that the act should be controlled by the preamble and should only be used in these areas where it was believed that there was rack-renting. ..... but when dealing with the question of classification the learned judges only referred to the title, the preamble and the provisions of the act, and not to the statement of objects and reasons at which the learned advocate general wants us to look. ..... it is urged by the learned advocate general that though there is nothing in the act to indicate how the discretion vested in the state government by section 1 (3) is to be exercised, we should travel beyond the title, preamble and the provisions of the act to discover the basis of classification, and in this connection he relies on certain observations in -- 'kedar nath bajoria's case (g)'. ..... 'when, however, the bill emerged from the legislature as an act, the preamble, which was in the bill and which embodied what was said in the statement of objects and reasons, was dropped. ..... the contention on behalf of the applicants is that reading the impugned act from the beginning to the end there is no principle indicated in it anywhere either in its title or in the preamble or in its provisions to serve as a guide to control the discretion of the state government regarding the application of the act to any particular areas. .....
Tag this Judgment!Court : Rajasthan
Reported in : [1986]157ITR457(Raj)
..... the circumstances of the case, the tribunal is justified in holding that the excise licence obtained in respect of the financial year 1968-69 corresponding to the assessment year 1969-70 was obtained by a fraudulent representation by the two major partners and the minor partner of the firm and that any agreement entered into with a view to share the gains of such a contract would be void, even though the minor had become ..... lalu khan under an instrument of partnership dated october 18, 1966, whereas the party hereto of the third part, namely, shri lalu khan, has become major and has opted to continue as partner in the said firm from august 2, 1968, when he attained the age of majority, the parties hereto have been carrying on the said business in partnership with all existing liabilities, assets and rights in partnership and whereas to avoid future ..... section 11 of the contract act provides that every person is competent to contract who is of the age of majority according to the law to which he is subject and who is of sound mind and is not disqualified from contracting by any law to which he ..... the preamble of that partnership deed runs as under :' this deed of partnership made this 29th day of october in the year of christ one thousand nine hundred sixty-eight between malu ..... the preamble of that partnership deed dated july 1, 1965, is as follows:'this deed of partnership made this 1st day of july, in the year of christ one thousand nine hundred and sixty-five between malu khan s/o .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1978Raj72
..... was, in law, no vacancy much less temporary vacancy in the office of the vice-chancellor and, there fore, the chancellor could not have acted under section 12 (7) of the act; and secondly, the act of the chancellor in forcing resignation by the then vice-chancellorwas a mala fide act brought under the pressure of shri bhairon singh shekhawat, chief minister, shri lalit kishore chaturvedi, education minister and the new janta government, which had ..... of sections into parts and their headings are substantive parts of the act and they are gradually winning recognition as a kind of preamble to the enactments, which they precede limiting or explaining their operation.93. ..... the majority expressed the view as under:--'legal sovereignty of the indian nation is vested in the people of india who as stated by the preamble have solemnly resolved to constitute india into a sovereign democratic republic for the objects ..... high court and the madhya pradesh high court have also concurred to this view; (iii) sometimes situation may arise where there is no clear majority on the election in favour of a particular party or a group of parties that they are in position to command the majority in the legislature and would form the government. ..... for their lordships stated in the majority judgment, (at p. ..... cases, it becomes the duty of the governor to form a judgment as to which of the various parties or group who have sent intimation to him of their ability to form a government does really command a majority. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1993Raj177; 1993CriLJ2705; 1993(2)WLC1
..... be based purely on theories of deterrence and reformation and the question of what the accused deserved were to be eliminated would not the concept of justice be eliminated too certainly, as a matter of fact, the courts constantly act on the assumption that the punishment must be proportionate to guilt; and the court of appeal will interfere, if satisfied, that the sentence imposed is illegal.74. ..... terms employed by the legislature, it has always been held a safe means of collecting the intention to call in aid the ground and cause of making the statute, and to have recourse of the preamble, which according to chief justice dyer is a key to open the minds of the makers of the act, and the mischiefs which they intended to redress.'14. ..... it says:--'no resort to the preamble would be justified in interpreting the provision in the act when the words used in it are clear and unambiguous.a preamble is a key to the interpretation of a statute but is not ordinarily an independent enactment conferring rights or taking them away and cannot restrict or widen the enacting part which ..... southern member of the assembly and editor of a major newspaper, described the situation in terms of three revolutions ..... the hindus, who inform the majority, in our country, are divided into four varnas --namely, brahmins, kshatriyas, ..... for grave crimes should adequately reflect the revulsion felt by the great majority of citizens for them. ..... the majority view was that there was no such power in the court under the .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1959Raj206
..... directions for sale of the gram in question to private parties or to himself.it is also conceded that the tehsildar had no power delegated to him to take action under sub-section (2)(f) of the act; though the rejoinders to the petitions filed on behalf of the government state that the tehsildar took such steps under the direction of the collector to meet the deteriorating food situation in jaipur and with ..... such person or class of persons and in such circumstances as may be specified in the order.clauses (c) and (f) of sub-section (2) are particularly relevant for purposes of these applications, because, it is to be noticed, that acting under the provisions of clause (f), the petitioners were called upon to declare their stock and directed to sell the gram held by them to government agency or such other persons specified in the order, while under clause ..... the crux of the decision does-not lie in the fact that the act was a temporary powers act, but in the fact that the preamble and the body of the sections in the act in question sufficiently formulated the legislative policy; and the character of the act was such that the details of the policy could only be worked out by delegating that power to subordinate authority within the ..... since the coming into force of the constitution, delegation of this character has been upheld in a number of decisions of this court on principles enunciated by the majority in in re article 143, constitution of india and delhi laws act (1912) etc. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1958Raj192
..... put upon the board to impose a tax and it is that it will have to impose a tax only after observing the preliminary procedure required by section 60 of the act and an elaborate procedure has been provided in section 60 and provision has been made for due publication of the rules prescribing tax and it has been specified what must those ..... was argued that although the seven learned judges composing the bench gave separate judgments, yet according to the majority, the legislature empowered to legislate on certain subjects could not delegate the power of legislation on those subjects ..... as already pointed out, the preamble and the body of the sections sufficiently formulate the legislative policy and the ambit and character of the act is such that the details of that policy can only be worked out by delegating them to a subordinate authority within ..... referred to above, and it was observed :'it was settled by the majority judgment in air 1951 s c 332 (b) that essential powers of ..... people having the confidence of the majority in the legislature who could form ..... as regards the permissible extent, the essence of the majority opinion in the above mentioned case air 1951 s c 332 (b) has been given by their lordships of the supreme court in their judgment in ..... 1938 a c 708 : (air 1938 p c 36) (f) and since the coming into force of the constitution delegation of this character has been upheld in a number of decisions of this court on principles enunciated by the majority in air 1951 s c 332 (b). .....
Tag this Judgment!Court : Rajasthan
Reported in : 1996WLC(Raj)UC136; 1995(2)WLN67
..... attempt shall be made to convert cases punishable under section 16a or section 17 into disciplinary cases nor divert cases in respect of which major punishments are impossible to the category of cases where minor or petty punishments are impossible.153.4 when it is proposed to hold on inquiry against an enrolled member of the force under this rule, the disciplinary authority may order ..... now, keeping in view the fact that as per the preamble of the act, as amended by the railway protection force (amendment) act, 1985 and as has been provided section 3 of the act, the railway protection force has been treated as an armed force of the union, whether the restrictions imposed on the members of the railway protection force by rule 153 and 154.1 are reasonable restrictions or not, is to be answered by us ?33 ..... thus, it is clear that by the railway protection force amendment act, 1985, major changes have been brought in the railway protection force act, 1957 and the railway protection force has now been categorised as an armed force of the ..... thus, even at that stage also, it has to be decided whether it is a case of major punishment or minor punishment and accordingly, charges have to be levelled against the delinquent and the petitioner has to be informed of the charges rule 153.4 provides that the disciplinary authority shall draw up or cause to be drawn up ..... 148.2, 148.3, 148.4 and 148.5 deals with major punishments; minor punishments, petty punishments and explanations respectively. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1958Raj84
..... example, candidates at an election started bidding for votes by promise of payment of money and the person who bid the highest amount for each vote got the majority of the votes and was thus elected?again, can it be said that the purpose of the act would be carried out if a candidate imported people from outside the area for which the panchayat was established and made them vote on his behalf?there can ..... the next question is whether these two rules can be said to carry out the purposes of the act; because if they do not carry out the purposes of the act, the state government would have no power to frame them under section 89 (1). ..... before we do so, however, we shouldlike to point out that in practically all the panchayat acts all over india, there is specific provision in the act itself for decision of election disputes and constitution of election tribunals and this specific provision is to be found generally in the section dealing with the rule-making power. ..... it is urged that framing of such rules is inconsistent with section 17 cf the act and that the act did not contemplate unseating of elected members except in the manner provided by section 17. ..... now, the purposes of the act, as given in the preamble are to establish and develop local self-government in the rural areas of rajasthan and to make better provision for village administration and, development.thus establishment and development of local self-government in rural areas is one of the purposes of the act. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1973Raj71; 1972()WLN839
..... both the bhakra canal project rules and the rajasthan canal rules have been framed under the rajasthan colonization act, 1954 and treating the unit of family differently in these two different sets of rules cannot be justified though there may be variation in the scale ..... granted prior to 1955 by the government conferred certain rights because of the coming into force of the rajasthan tenancy act and it was perfectly possible and legitimate for the government to treat temporary leases granted after 1955 as a different ..... air 1962 sc 723 speaking for the majority observed that as the provision regarding compensation is all pervasive, the entire act must, be struck down as violative of article 14. in ..... it is not the form, but the substance of the matter that is material, and that has to be ascertained on an examination of the act as a whole and of the setting of the relevant provision therein.6. ..... rationale on the basis of which these rules were framed have disappeared and, therefore, the government will have to reframe the entire scheme of the act in view of what has been held by this court. ..... then was, observed that as the sections were pivotal sections of the act and the working of the entire act depended on section 5 which provided for ceiling and section 50 which provided for compensation the whole act must fail.9. ..... the legislative intent on the question of separability, it will be legitimate to take into account the history of the legislation, its object the title and the preamble to it. .....
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