Court : Rajasthan Jodhpur
..... hold and declare the ordinance no.2/2014, promulgated by the hon'ble governor of the state of rajasthan, dated 20.12.2014, amending section 19 of the rajasthan panchayati raj act, 1994 (for short, 'the act of 1994'), inserting clauses (r), (s) and (t), and adding explanation-iii for the purposes of newly inserted clauses (s) ..... , which had rendered it necessary for the governor to take an immediate action to promulgate an ordinance, amending the act of 1994, just four days before the election programme was declared. the state of rajasthan has not acted in a bonafide manner in taking a decision for advising the hon'ble governor, to issue the ordinance ..... village panchayats and endow them with such powers and authority as may be necessary, to enable them to function as units of self-government. the 73rd amendment(rajiv gandhi amendment), introducing part ix-the panchayats, in the constitution of india, containing article 243, 243a and 243o, gave the panchayats a constitutional status. a gram .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... reference of several constitutional provisions having bearing on the welfare of the children which are article 15, 39, 45, 47 and 51a. section 41 of the act of 2000 as amended by act no.33 of 2006 reads as under: 41. adoption- (1) the primary responsibility for providing care and protection to children shall be that of his ..... ." municipal council, palai v. t.j. joseph air 1963 sc 156, 1, 1564. if the 2000 act is held to be inconsistent with the 1956 act, when passing the later act parliament impliedly amended the hindu adoptions and maintenance act, 1956, to permit adoption of children in the specified subclass, irrespective of whether a person has children of ..... specialibus non derogant has persuaded me to believe that the act of 2000 has impliedly amended the conflicting provisions of the act of 1956 rather than repealing it. it goes without saying that the general prohibition of the act of 1956 remains in force; the latter act i.e. act of 2000 simply creates an exception in case of .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... and the scheme itself was announced as a policy statement in the year 2003 without any legislative enactment to this effect. acting bonafide, the notification dtd.2.12.2005 a subordinate legislation was issued by the government of rajasthan making amendment in rips, 2003 and it is the sheet-anchor of the petitioners case. that is where contention of respondent that ..... for the benefit of exemption for infancy period in terms of section 16 (1)(d) thereof, even against the statutory amendment where section 16(1)(d) of the act was omitted w.e.f. 22.9.1997, held that the appellant shall continue to be entitled to protection for the full period of 3 years since the ..... of the larger public interest introduced, before invocation of section 21 of the general clauses act in sant steels case, in fact, amounts to amendment of the said provision, as notifications dated 18.6.1998 and 25.1.1999, issued under section 49 of the 1948 act, as well as notification dated 7.8.2000, issued under section 24 of the .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... was not covered by the write off orders annex.p/12 and p/13 both dtd.13.5.2008. therefore, the assessing authority rightly, in pursuance of amendment in cst act w.e.f. 11.5.2002 supported by the circular issued by the commissioner on 13.12.2005 vide annex.4, was perfectly justified in undertaking the rectification ..... words tax liability written off ( 1). the same not only by far surpasses the circular issued by the commissioner on 13.12.2005 but also renders the amendment in cst act w.e.f. 11.5.2002 nugatory for the state. this court expresses its anguish and concern about such loosely drafted administrative orders which have far reaching implications ..... be rejected. the same is accordingly rejected.11.there was no question of writing off thetax liability which was fixed and enforced against the petitioner assessee by amendment of central sales tax act, 1956 w.e.f. 11.5.2002 which clearly stipulates that no such inter-state sales unsupported by the declaration in form c/d enjoys concessional .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... of the land as it was recorded in its name in the record of rights. the report also pointed out that so far as araji no.10 is concerned, the amendment was erroneously made, and it should have been made in arazi nos.9 & 10, jointly, and not in arazi no.10 alone. learned single judge was carried away ..... of law.24. we do not find any lack of authority nor any prohibition in {17} dbsaw nos.715/2013, 714/2013 & 739/2013 the land revenue act or uit act which may prohibit or any statutory provision which may have restrained the state government to constitute a committee of senior officers, who had already submitted its report, confirming the ..... be passed by the authority concerned, after giving an opportunity of hearing to the petitioner, in conformity with the provisions of section 91-a and 92-b of the act of 1959. he further held that the court cannot sit in appeal over the administrative decisions taken by the competent authorities for removing encroachments upon the government land and .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... of the land as it was recorded in its name in the record of rights. the report also pointed out that so far as araji no.10 is concerned, the amendment was erroneously made, and it should have been made in arazi nos.9 & 10, jointly, and not in arazi no.10 alone. learned single judge was carried away ..... of law.24. we do not find any lack of authority nor any prohibition in {17} dbsaw nos.715/2013, 714/2013 & 739/2013 the land revenue act or uit act which may prohibit or any statutory provision which may have restrained the state government to constitute a committee of senior officers, who had already submitted its report, confirming the ..... be passed by the authority concerned, after giving an opportunity of hearing to the petitioner, in conformity with the provisions of section 91-a and 92-b of the act of 1959. he further held that the court cannot sit in appeal over the administrative decisions taken by the competent authorities for removing encroachments upon the government land and .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... of the land as it was recorded in its name in the record of rights. the report also pointed out that so far as araji no.10 is concerned, the amendment was erroneously made, and it should have been made in arazi nos.9 & 10, jointly, and not in arazi no.10 alone. learned single judge was carried away ..... of law.24. we do not find any lack of authority nor any prohibition in {17} dbsaw nos.715/2013, 714/2013 & 739/2013 the land revenue act or uit act which may prohibit or any statutory provision which may have restrained the state government to constitute a committee of senior officers, who had already submitted its report, confirming the ..... be passed by the authority concerned, after giving an opportunity of hearing to the petitioner, in conformity with the provisions of section 91-a and 92-b of the act of 1959. he further held that the court cannot sit in appeal over the administrative decisions taken by the competent authorities for removing encroachments upon the government land and .....
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..... but the state government while exercising its pwer under section 15 of the mines & minerals (development & regulation) act, 1957 made amendment in the rules only to undo and nullify the directions issued by this court, therefore, the amendment made under sub-rule (10) of rule 4 and sub-rule (3) of rule 7 of the rules ..... rendered in deepak gehlot's case is totally unfounded because the respondent state by notification dated 03.04.2013 amended various provisions of the rules of 1986 while 18 exercising power under section 15 of the act of 1957 for better development and regulation of the mineral uniformly throughout the state because the notification impugned in ..... effect. the right of first come first serve is the creation of the statute framed under section 15 of the parent act of 1957, therefore, the notification issued by the state government for amendment in sub-rule (10) of rule 4 whereby general provision has been incorporated that 13 all those applications which are presented .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... but the state government while exercising its pwer under section 15 of the mines & minerals (development & regulation) act, 1957 made amendment in the rules only to undo and nullify the directions issued by this court, therefore, the amendment made under sub-rule (10) of rule 4 and sub-rule (3) of rule 7 of the rules ..... rendered in deepak gehlot's case is totally unfounded because the respondent state by notification dated 03.04.2013 amended various provisions of the rules of 1986 while 18 exercising power under section 15 of the act of 1957 for better development and regulation of the mineral uniformly throughout the state because the notification impugned in ..... effect. the right of first come first serve is the creation of the statute framed under section 15 of the parent act of 1957, therefore, the notification issued by the state government for amendment in sub-rule (10) of rule 4 whereby general provision has been incorporated that 13 all those applications which are presented .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... but the state government while exercising its pwer under section 15 of the mines & minerals (development & regulation) act, 1957 made amendment in the rules only to undo and nullify the directions issued by this court, therefore, the amendment made under sub-rule (10) of rule 4 and sub-rule (3) of rule 7 of the rules ..... rendered in deepak gehlot's case is totally unfounded because the respondent state by notification dated 03.04.2013 amended various provisions of the rules of 1986 while 18 exercising power under section 15 of the act of 1957 for better development and regulation of the mineral uniformly throughout the state because the notification impugned in ..... effect. the right of first come first serve is the creation of the statute framed under section 15 of the parent act of 1957, therefore, the notification issued by the state government for amendment in sub-rule (10) of rule 4 whereby general provision has been incorporated that 13 all those applications which are presented .....
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