Court : Rajasthan
Reported in : AIR1973Raj244; 1973()WLN52
..... the raiasthan canal area implies. the argument of mr. purohit that these notifications came into being earlier than the expression 'raiasthan canal area' by the raiasthan tenancy amendment act 1958 is chronologically correct. thp legislature employed the expression in 1958 obvious-lv assuming that it was a verv well understood term.26. mr. bhargava and mr. ..... raiasthan canal area has not been notificed by the state government.23. the argument of mr. purohit is that thesp notifications were published prior to the raiasthan tenancv amendment act, 1958, in which the term 'raiasthan canal area' has been used and, therefore, these notifications are of no help.24. it would be correct to say ..... state and became merged in the united state of raiasthan from 1-11-1956. the existing law in this part was certainlv the central land acauisition act of 1894 and the amending act vi of 1958 was passed on the 17th of march 1958 and it was, therefore, inconsistent and was thus void unless it received the assent .....
Tag this Judgment!Court : Rajasthan
Reported in : (1984)42CTR(Raj)218; [1984]149ITR470(Raj)
..... made with a specific direction that they shall form part of the corpus of the trust or institution). with this amendment in the definition of the term 'income', the finance act of 1972 also amended section 12 of the 1961 act. thus by the 1961 act, the income of a charitable trust was made to stand on a footing different from the earlier provisions in ..... distinction was made between the voluntary contribution received by a charitable trust from individuals and other charitable trusts.16. section 12 of the 1961 act (before amendment) read as tinder:' 12. income of trusts or institutions from voluntary contributions.--(7) any income of a trust for charitable or religious purposes or of a charitable or religious institution .....
Tag this Judgment!Court : Rajasthan
Reported in : [1996]218ITR50(Raj)
..... -conceived stereotypes so as to be amenable to pre-determined solutions.'5. in view of the aforesaid settled legal position, it cannot be said that the impugned amended provision is capable of being challenged on the ground of alleged arbitrariness or excessiveness of the fee prescribed.6. there is no substance in this writ petition. hence ..... condition is that the criteria or basis adopted should have some nexus with the subject-matter. it cannot be said that the amended provision has no nexus with the subject-matter in relation to which amendment has been made.4. as far as the contention that the provision is arbitrary is concerned, the same cannot be accepted. ..... 1. the petitioner has challenged the constitutional validity of the amended provision of section 253(6) of the income-tax act, 1961, which has been brought into force by the finance act, 1992, with effect from june 1, 1992. the aforesaid provision deals with payment of court fee in respect of the appeal before the income-tax .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2004(3)Raj1718; 2004(3)WLC639
..... the submissions made on behalf of the petitioners, learned counsel for the respondents submitted that the government has power to issue instructions without amending the ordinance 278-e of the rajasthan university act. under ordinance 278-e clause (iv(ii), there was no such fixed reservation provided for inservice candidates and it was referred to ..... stipulated. the standard of teaching and examination are within the purview of university and in ordinance the syndicate is only empowered to make amendment under section 22 of the act of 1946 which is reproduced hereunder;-22. subject to such conditions as may be prescribed by or under the provisions of this ..... act, the syndicate shall exercise the following powers and perform the following functions, a) to make, amend and cancel ordinances;b) to hold, control and administer property and funds of the university;c) to accept, on .....
Tag this Judgment!Court : Rajasthan
Reported in : [1988]169ITR253(Raj)
..... the assessee's reply, imposed penalty under section 271(1)(c) of the act by an order dated march 23, 1978.3. the assessee contended that the amendment deleting sub-section (2) of section 274 in the income-tax act by the taxation laws (amendment) act, 1975, with effect from april 1, 1976, had the result of divesting the ..... reference by the income-tax officer to the inspecting assistant commissioner was made subsequent to april 1, 1976, when sub-section (2) of section 274 of the act was deleted, then the reference made to the inspecting assistant commissioner was incompetent and the inspecting assistant commissioner had no jurisdiction to impose the penalty. it is only ..... february 27, 1976, by including an amountof rs. 53,457 to the returned income and he also initiated penalty proceedings under section 271(1)(c) of the act. thereafter, the matter was referred by the income-tax officer to the inspecting assistant commissioner since the amount of concealed income exceeded rs. 25,000. the .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR2001Raj4; 2000(3)WLC736; 2001(1)WLN583
..... drugs and pharmaceuticals (p) ltd. and others (supra), it was held that the amendment made in sec. 31 and 32 by the amendment act of 1985 have expanded the scope of the proceedings u/s. 31 read with sec. 32 of the act. the said amendments have not resulted in converting the said proceeding in which reliefs are prayed u/s ..... . 31(1)(aa) into fullfledged money suits for enforcing pecuniary claims of the corporation as against sureties and even after the said amendments ..... and passing order in accordance with the provisions of sec. 32. in support of his submission that an application under section 31 of the state financial corporation act cannot be treated as plaint nor a decree for money can be passed on such application, the learned counsel for the appellant has placed reliance on the .....
Tag this Judgment!Court : Rajasthan
Reported in : (1994)IILLJ417Raj
..... of the service of workman by way of punishment, the government cannot refuse to make a reference in any case after addition of section 11a of 1947 act by the amendment of 1971.7. this provision has been inserted by the parliament keeping in view the observations made by the apex court in different cases in regard to ..... the scope and extent of the jurisdiction of the adjudicating authorities under the act of 1947. prior to this amendment, their lordships of the supreme court had in number of cases held that the labour court or tribunal or national tribunal had the jurisdiction to ..... the quantum of punishment in very rare cases.9. when this has been the trend of the judicial decisions and section-11a has been inserted by the legislative amendment, there could be no justification whatsoever for the authorities of the labour department to decline to make a reference in case where the dispute relates to termination of .....
Tag this Judgment!Court : Rajasthan
Reported in : (1998)IIILLJ1081Raj
..... in view of that the provisions of the employees' provident funds & miscellaneous provisions act, 1952 is not applicable as the establishment set up under state act and whose employees are entitled to the benefits of contributory provident fund ..... than the scheme made under central act, the exemption under section 17bof the act be accorded to the petitioner for the period upto july 31, 1988. for the period after august 1, 1988 the provisions of clause (c) of section 16 of the employees' provident funds and miscellaneous provisions (amendment) act, 1988' came into force, ..... 3% provident fund contribution to provident fund, gratuity and pension etc. shri jain counsel for respondent no. 2 submits that under the scheme of central act apart from the contribution of the provident fund 8% at the relevant time now 10%, benefit of family pension, insurance scheme is also given which is .....
Tag this Judgment!Court : Rajasthan
Reported in : (1996)IIILLJ1144Raj; 1995(3)WLC462
..... to be inflicted would be within the rules of natural justice and the delinquent would, therefore, be entitled to the supply of a copy thereof. the forty-second amendment has not brought about any change in this position,'16 then in para 17 the views of different high courts, contrary to the view taken by the su preme ..... v. mohd. ramzan khan (supra). by this judgment, the controversy (regarding supply of copy of the report of the enquiry officer to the delinquent, after the forty-second amendment of the constitution of india, was set at rest. in para 15 it has been observed by the supreme court of india as under:-5 'we, therefore, come to ..... grounds in the memo of appeal. however, this appeal was also dismissed.6. the petitioner, therefore, applied for raising an industrial dispute u/s 10 of the industrial disputes act, 1947. however, the state government declined to make a reference on appreciation of the contentions on merit. this obviously was an a illegality. it is, thereafter that the .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1998Raj100; 1998(1)WLC725; 1998(1)WLN131
..... 29 and 55 of the banking regulation act of 19,49 have been substituted obviously for 'the limited purpose of the application of the provisions to the ..... and to the extent as mentioned in part v which was added vide act no. 23 of the act of 1965. the purpose of adding part v by the amendment act no. 23 of 1965 was only to bring co-operative banks under the banking regulation act of 1949 for the purpose of 'regulating banking business to the extent specified ..... in relation to, banking companies subject to the following modifications, namely : (a) throughout this act, unless the context otherwise, requires,--(i) reference to a 'banking company' or 'the company' or 'such company' shall be construed as references to a co-operative bank,' by the aforesaid amending act no. 23 of 1965, sections 5a, 7, 11, 18, 19, 20, 24a, .....
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