Court : Rajasthan
Reported in : AIR2010Raj86,RLW2010(2)Raj1418
..... the learned counsel appearing on behalf of the respondents submitted that the provisions of section 126 and 135 of the act stands amend vide electricity (amendment) act, 2007 (in short 'the amendment act'). it is submitted that vide amendment act, proviso to subsection (4) of section 126 stands deleted and as per sub-section (1a) inserted in ..... rajasthan electricity regulatory commission (supply code & connected matters) regulations.it is further submitted by the learned counsel for the respondents that as per the amendment sub-section (3) of section 126, the person against whom provisional assessment is made is not entitled to any notice after provisional assessment, however, ..... the electricity charges assessed under provisional assessment order without passing final assessment orders in terms of section 126(3) of the electricity act, 2003 (in short 'the act'), are impugned in each of these writ petitions.3. the relevant facts in nutshell are that the electric connections were released by .....
Tag this Judgment!Court : Rajasthan
Reported in : 1992(62)ELT17(Raj)
..... to what is rags. but the customs authorities are seeking to impose further condition with regard to the condition of the rags, which tantamounts to amending the import policy, whereas the modification of such policy is a matter for the import trade policy control authority alone and the customs authorities have only ..... the goods through the icd sanganer has been completely banned. the importation of goods through icd, sanganer is more convenient and cheaper to the importers. shipping corporation of india and rajasthan small industries corporation are jointly responsible for unloading of the goods and loading it into trucks engaged by them for the purpose ..... 19th september, 1989. the collector of customs and central excise, jaipur has in exercise of powers conferred upon him under section 45(1) of the customs act, 1962 appointed the rajasthan small industries corporation ltd. (a government of rajasthan undertaking) to be the custodian of imported goods received at inland container depot, .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2004(3)Raj1788; 2004(4)WLC17
..... learned counsel for the parties has highlighted some or the other provisions of part ix-a of the constitution, inserted by constitution (seventy-fourth) amendment act, 1992, the jda act and the rm act in their bid to search for the answer to the vexed question involved in the appeals. these provisions need to be put together at one ..... since roads and bridges are included in the twelfth schedule, the jda cannot deal with them any more after the coming into force of the constitution (seventy-fourth) amendment act.14. in advancing the aforesaid submission, the learned counsel for the appellants did not attach proper weight to the fact that article 243w does not whittle down or ..... offending article 19(1) (g) or article 14 of the constitution. it appears that the high court has given cogent reasons for upholding the vires of the amending act and for dispelling the contentions raised by the writ petitioners and we endorse the view taken by the high court. we may only indicate here that in deciding .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR2000Raj251; 2001(4)WLC500
..... but on exception 'does riot include the vehicle which run upon railssolely upon the premises of the owner'. section 2 was amended by amendment act of 1956 which reads as under :-- section 2(18) (after amendment by act 100 of 1956) 'motor vehicle' means any mechanically propelled vehicle adapted for use upon roads whether the power of propulsion ..... used solely on the premises of the owner were not treated motor vehicles, was nullified by amending the provisions of the act itself. the court in central coal fields case was dealing with the amended provisions of the orissa act where the actual user did not exclude the dumpers in question before the court from the ..... now as under:-- '(e) words and expressions used but not defined in this act and defined in motor vehicles act, 1988 (central act 59 of 1988) and central motor vehicles rules, 1989, shall have the meaning assigned to them in that act and rules as amended from time to time.' 31. learned counsel, therefore, submits that the vehicles .....
Tag this Judgment!Court : Rajasthan
Reported in : 2002(2)WLC391; 2002(5)WLN136
..... value whereof was exempt from income tax before the commencement of the constitution (twenty- sixth amendment) act, 1971, by virtue of the provisions of the merged states (taxation concessions) order, 1949, or the part-b states (taxation concessions) order, 1950, or, as the ..... can deduct the amount for area found less during joint survey.''your kind attention is also invited to the provisions of section 194-1 of the income tax act, 1961 as amended for compliance as regard recovery of income tax at source and, therefore, the same be deducted while making payment.'5. against aforesaid deduction (ann. 15) ..... palace 'ummed bhawan compound' was declared to be an official residence of ex-ruler of kota. section 10(19a) of the income tax act, as amended by the rulers of indian states (abolition of privileges) act, 1972, reads as under :-'(19a) the annual value of any one palace in occupation of a ruler, being a palace, the annual .....
Tag this Judgment!Court : Rajasthan
Reported in : 2001(4)WLN401
..... vs. state of rajasthan (1), requires reconsideration.(13). we have perused the judgment rendered by the learned single judge. the learned single judge was considering the amendment contained in sub-rule (3) of rule 10 of the rules of 1996 to make appointment available to a dependant whenever he attains majority. the learned judge ..... to them by mere death of such government servant and, therefore, they cannot be allowed to invoke section 6( 1 )(c) of the rajasthan general clauses act which provides that where any rajasthan law repeals any enactment thereto made, then unless a different intention appears, the repeal shall not affect any right, privilege, obligation ..... 45 days and reasonable explanation is offered for such delay than the government or authorily concerned should take recourse to the provisions of section 5 of the limitation act in condoning the delay.' (10). the concluding part of the discussion occurred in para 21 has already been extracted in paragraph supra. shri r.n. mathur .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2004(2)Raj819; 2003(4)WLC790
..... mind, however, that a court should not try to legislate.in jindal oil mills and others (supra), it was held in para 10 that the law declared by the amending act does not affect any right or privilege, accrued under the repealed provision.in banshidhar's case (supra), it was held that new enactment can be referred to only to ..... rent or standard rent for any 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 ..... suitably alter the pre-existing law consistent with the legislative policy under the new act to provide the remedy for the mischief the legislature felt most acute. in rameshwar's case (supra), it was held that whenever a court is called upon to interpret an amended provision it has to bear in mind the history of the provision, the .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2006(3)Raj2028; 2006(4)WLC369
..... and edible oils (storage control) order, 1977, was issued by the central government in exercise of its powers under section 3 of the essential commodities act, 1955. the said order was amended by the central government by notification dated sept. 13, 1990. sub-paragraph (g) of paragraph 2 of the order was substituted by the aforesaid ..... amendment. under the amended provisions, 'edible oil' has been defined as under:(g) 'edible oil' means any oil used, directly or after processing, for human consumption and includes ..... to mean any oil used directly or after processing for human consumption and includes hydrogenated vegetable oil as per notification issued by the central government under essential commodities act. there is thus no doubt that hydrogenated vegetable oil would be edible oil. in view of this, in either of the situation, the assessee is .....
Tag this Judgment!Court : Rajasthan
Reported in : 2002(5)WLC735; 2002(4)WLN197
..... the appellant paid the entire amount of the award which was accepted by the agriculturists, therefore, they are not entitled for invoking powers under section 18 of the above act.13. the learned counsel for the respondent vehemently submitted that a bare perusal of the compromise ex.a.1, it is clear that the language used in the ..... after directions from this court in the above writ petition no. 180/90, the learned land acquisition officer sent the matter to the civil court under section 18 of the act, upon which the learned civil judge (sr. div. chittorgarh, after giving opportunity of hearing to the parties, by order dated 13.7.1998. held that the amount ..... not award additional amount calculated at the rate of 12% per annum on market value of the land as per sub-section (1) of section 23 of the act of 1894. therefore, an application was submitted by the claimants before the land acquisition officer stating therein that the claimants are accepting the award amount under protest and requested .....
Tag this Judgment!Court : Rajasthan
Reported in : (1997)IILLJ608Raj; 1997WLC(Raj)UC1
..... act, section 80j was amended and sub-section (1-a) was introduced with retrospective effect from april 1, 1972. the newly introduced sub-section (1-a) was in the same terms as rule 19-a, so that the manner of computation of the 'capital employed' in an industrial undertaking or the business of a hotel or a ship ..... the learned counsel for the petitioner. no vested right of the petitioners nave been violated, which might have accrued to him, and is being taken away by the amended act by retrospective effect. it is also settled law that if a bonus is made applicable retrospectively by way of notification, no prosecution could be made or have been ..... can they be prosecuted for period of 1993-94 on the ground of payment of delayed bonus. this apprehension has no basis for the petitioners to challenge the amending act from retrospective effect. the petitioners are already paying bonus from prospective date as submitted by the counsel for the petitioners.23. the petitioners have also made a prayer .....
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