Court : Rajasthan
Reported in : RLW2006(2)Raj1700
..... others, primary school teachers mentioned in clause (iii) of sub-section (2) of section 89. by rajasthan panchayati raj (amendment) act, 2000 (act 9 of 2000), among other amendments, clause (iii) was amended substituting 'primary and upper primary schools' in place of 'primary schools'. thus, the rajasthan panchayat samiti and zila parishad service ..... now comprises of, among other categories, primary and upper primary school teachers. sub-section (1) of section 89 was amended by the rajasthan panchayati raj (amendment) act, 2004 (act 8 of 2004) by inserting a proviso providing for selection for the post specified in clause (iii) of sub-section (2) ..... advocate general submitted that the state government is competent to fix the qualification and also lay down the manner of recruitment. the amendments made in the panchayati raj act and the panchayati raj rules permit composite selection for upper primary schools from amongst candidates possessing bstc or b.ed. qualification. .....
Tag this Judgment!Court : Rajasthan
Reported in : 2002(4)WLC676; 2002(2)WLN139
..... co. v. state (7) where it had been held that the permits could be granted over and over the strength fixed by reciprocal agreement, lost sanctity because of the amendment in the act with effect from 14.11.94. the said judgment stood confirmed by the division bench, vide judgment and order in state of rajasthan v. gyan singh and anr. (8 ..... judgment and order of this court dated 9.7.2000 holding that the corporation never tried to gel its permits counter-signed and by virtue of the amendment dated 14.11.94 in the act, it had no tight to ply its vehicles even within the state of rajasthan. this court held that permits granted in favour of the corporation, vide ..... of the hon'ble supreme court in gajraj singh (supra), the legislature realised the difficulties and amended the act with effect from 14.8.2000 by inserting the provision of section 217-a in the act making the permits granted under the old act renewable under the new act. the new act came into force w.e.f. 1.7.1989, thus, under the old .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2005(3)Raj1755; 2005(2)WLC358
..... the view that since within the judgeship of kanpur, the examination had not been held in accordance with the syllabus prescribed by the rules of 1947 as amended by 1969 amending rules and all those who were successful and selected for appointment, had no right to be appointed. accordingly, the high court quashed the entire process of selection ..... by the candidates in the state of jammu & kashmir is a degree from legally and duly constituted university. it is also not in dispute that the provisions of the act of 1993 have not been made applicable to the universities in the state of jammu & kashmir. thus, the question of recognition of degree awarded by the universities in ..... it is submitted by mr. lodha that the aided institutions and the recognized institutions have been defined separately under sections 2(b) and 2(q) of the act of 1993. there is a direct financial control in the matter of government aided institutions and so also the sanction for appointment is required to be taken from the .....
Tag this Judgment!Court : Rajasthan
Reported in : 1994CriLJ512
..... the district magistrate on the basis thereof had no jurisdiction to make the detention orders.14. the law is settled that after introduction of section 5a of ns act by act no. 60 of 1984 w.e.f. june 21, 1984, if the grounds of detention are severable then the order of detention shall not be deemed ..... magistrate, jaisalmer or for that matter all the district magistrate in rajasthan that the conferment of the powers under sub-section (2) of section 3 of ns act was necessary having regard to the circumstances prevailing or likely to prevail. learned counsel for the petitioners contends that by the expression 'the circumstances prevailing' is meant ..... is just casual. the government must seriously consider establishing an independent section to deal with the matter of detention, that section should compile the complete case law, act in accordance with law and the detaining authority must apply its independent mind and should not simply sign the note-sheets it must record its own satisfaction.17 .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2008(1)Raj192
..... 2) with respect to which such legislature has power to make laws. sub-clause (h) of clause (2) of article 323b has been inserted by the constitution 75th amendment act of 1993, whereby the rent, its regulation, control and tenancy issues including the right, title & interest of landlord and tenants had been incorporated in it. therefore, the ..... this statutory protection to the premises constructed on or after the date of coming into operation of the amending act for a period of ten years. this is a matter of legislative policy. the legislature could have repealed the rent act altogether. it can also repeal it step by step. it has decided to confine the statutory ..... at that time. with the change of time, considering the need prevailing in the society, the legislature felt it necessary to amend substantially the provisions of the old act and with that object, the new act has been enacted, in which also protection has been made available to the tenants keeping in mind the balance between the .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2004(4)Raj2068; 2004(3)WLC732
..... of rent, substantial damage to the premises, material alteration, denial of title and reasonable and bonafide requirement of the plaintiff.11. both the defendants filed separate amended written statements on 31.10.1973 by denying all the grounds of eviction. during the pendency of the suit the defendant no. 2 ram dev died, hence ..... date of lease. reliance was placed upon mahavarya udpa v. dasa tantri (2). he also referred the provisions of section 108(o) of the transfer of property act 1982. mr. rathore, learned counsel appearing for other appellant gopal adopted the submissions of mr. mandhana. learned counsel mr. maloo appearing for the landlord-respondent submitted ..... below is perverse ?3. whether the agricultural land falls within the definition of premises and the present suit was maintainable under the provisions of rent control act ?4. whether the acceptance of land by enhanced rate and creating new contract, the plaintiffs had waived his right of eviction on the ground of substantial .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2004(4)Raj2528; 2004(4)WLC219
..... is also found in the judgment that the chairman of the board of management was additional secretary of the government of india and the rules were amended with the approval of the government of india. thus indicates that there existed deep and pervasive control of the government of india over the society.22 ..... rights by bringing within their sweep every authority which is an instrumentality or agency of the government or through the corporate personality of which the government is acting, so as to subject the government in all its myriad activities, whether through natural persons or through corporate entitles, to the basic obligation of the ..... as a state agency.10. the various controls which are exercised by the state under the provisions of the different enactments such as factories act, industries (development and regulation) act are of special significance.11. the expression 'other authorities' in article 12 must be given a board and liberal interpretation where constitutional fundamentals .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR2007Raj168; RLW2007(2)Raj1674
..... 4.2003 (2003(3) wlc (raj.) 481 (supra).5. constitution of india is supreme lex. part ix of the constitution of india was inserted by constitution (73rd amendment) act, 1992. article 243b mandates that there shall be constituted in every state, panchayats at the village, intermediate and district levels in accordance with part ix, which speaks of ..... to article 192 (1).36. it would not be out of place to mention here that section 39(1) of the act as it originally stood, was subject to the provisions of section 40. by amendment (act 9 of 2000), section 40 was deleted and the words 'subject to the provisions of section 40' in sub-section (1 ..... and election disputes have been separately considered under article 243-0 (b) of the constitution and in the light of constitutional amendment, pre- disqualifications have been provided by state government by enacting a legislation by way of act, 1994.20. the word, 'is or become subject to any of disqualifications specified in section 19' used in section .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1958Raj324
..... expenditure exceeds this amount that it can be said that it has been incurred or authorised in contravention of section 77. 40. section 124(4) of the act prior to its amendment by act no. 27 of 1956 provided that the making of any return which was false in any material particular would be a minor corrupt practice. that provision has since ..... whether it is express or implied, consent is only consent when two or more persons agree upon the same thing in the same sense. 64. in the act as it stood before its amendment by act no. 27 of 1956 instead of the word 'consent,' the word 'connivance' was used. connivance is also consent in the legal sense. 'to consent' means, ..... behari lal, civil misc. appeal no. 102 of 1957 (a). it was held that it did not. it was pointed out that in the representation of the people act, 1951, before amendment there were two classes of corrupt practices --major (section 123) and minor (section 124). with respect to bribery the making of a gift, offer or promise of any .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2006(3)Raj1976; 2006(4)WLC240
..... mittal v. state of punjab : 1978crilj189 .22. coming to the offence of 'criminal conspiracy' we notice that section 120a and 120b were introduced by criminal law amendment act 1913. section 120a defines criminal conspiracy thus:section 120a. definition of criminal conspiracy:-when two or more persons agree to do, or cause to be done-(1) and ..... illegal act, or (2) and act, which is not illegal by illegal means, such an agreement is designated a criminal conspiracy:provided that no agreement except an agreement to commit an offence ..... that for an offence under section 120b ipc, the prosecution need not necessarily prove that the conspirator expressly agreed to do or cause to be done the illegal act, the agreement may be proved by necessary implication.25. in r.k. dalmia v. delhi administration : [1963]1scr253 the supreme court emphasized that it is .....
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