Court : Rajasthan
Reported in : AIR1965Raj175
..... it will be useful to quote the objects and reasons, appended to the motor vehicles (amendment) act, 1956, which resulted in section 36 being altered in its present ..... (iv) that section 36(1) of the motor vehicles act contemplates consideration of other relevant factors such as engine condition, condition of road and condition of tyres but the authorities had not taken these factors into consideration and have thus failed to perform their statutory duty; (v) that the increased or the additional tax could not be realised without a proper amendment of the registration certificate and the permits of the vehicle; (vi) lastly it was argued that the tax cannot be increased ..... learned counsel for the petitioners have addressed us on the following points :(i) that the notification of the rajasthan government dated 2-3-1959 purporting to be issued under section 36 of the motor vehicles act was bad inasmuch as it was not in accordance with law; (ii) that the rajasthan government could not have issued the notification without the approval of the government of india, and as the required approval was ..... this amendment was, therefore, not made with any other consideration, such as to enable the exchequer to collect more taxes.shri raj narain, the learned deputy government advocate has contended that the statement of objects and reasons accompanying a bill cannot be used to determine the true meaning and effect of the substantive provisions of the statute, and he relies on state of west bengal .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1993Raj76; 1992(3)WLC314; 1992(2)WLN489
..... second question for consideration is whether the rajasthan motor vehicles rules, 1951 (old rules) stood repealed on coming into force of the motor vehicles act, 1988 (new act ..... single judge has held that the pre-emptory conditions including model condition of vehicles which are contrary to the provisions of the motor vehicles act, 1988 (hereinafter called 'the new act') and rajasthan motor vehicles rules, 1990 (hereinafter called the 'new rules') shall stand automatically set aside ..... question for consideration is whether clause (x) of sub-section (2) of section 72 of the motor vehicles act, 1988 and clause (ix) of sub-section (3) of section 48 of the motor vehicles act, 1939 were attracted while imposing model condition at the time of grant/renewal of permit ..... the business of collecting, forwarding and distributing goods carried by public carrier rules, 1977, rajasthan state road transport services (development) rules, 1965, rajasthan state road transport corporation, motor vehicle third party liability insurance funds rules, 1967, the rajasthan motor accidents claims tribunal rules, 1964, in force in any part of the state immediately before the commencement of these rules shall stand repealed. ..... the single bench and there is no question of seeking it to be declared null and void as the said rule ceases to be in force after coming into force of motor vehicles act, 1988.in view of the above position let the matter be placed before the single bench. ..... general of west bengal, air ..... amendment) .....
Tag this Judgment!Court : Rajasthan
Reported in : 1966CriLJ1202
..... to re-inforce this argument it may be argued that at least after the amendment of section 173 by the amendment act of 19s5 by which sub-section (4) has been remodelled and sub-section (5) is added, the only report that can be submitted under section 178 is a ..... sub-sections (1) and (2), we are of opinion that submission of a negative report is contemplated under section 173, and addition of sub-sections (4) and (5) by the amending act cannot affect the meaning to be assigned to sub-sections (1) and (2).10. ..... state of west bengal, air 1962 cal 135 ..... pc 18, and reiterated by their lordships of the supreme court in state of west bengal v. s.n. ..... the various statements given by her before the police and before the second class magistrate, aklera only show that she was not fraudulently taken away but she ..... the magistrate when he is directing the submission or a charge-sheet in the circumstances referred to above is not acting as a senior administrative officer over-ruling in administrative capacity the decision of the police officer in charge of police ..... the investigation is complete and the magistrate does not act as an administrative officer, superior to the officer in charge of the police station or investigating officer in directing the submission ..... has been held that the magistrate cannot direct the police to submit the charge-sheet mainly proceed on the view that in doing so the magistrate is interfering in the investigation, or is acting as an officer superior to the investigating agency. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1970Raj252; [1970]75ITR253(Raj); 1969()WLN365
..... the argument of the assessee that it was immune from taxation under section 14 (3) of the act before its amendment by the finance act, 1960 would not assist him because later on by an amendment that im-munity has been taken away and the as-sessee is to be assessed according to the law ..... ; and (b) except where the assessee is a company being a licensee within the meaning of the electricity (supply) act, 1948 (liv of 1948), or where the ship has been acquired or the machinery or plant has been installed before the 1st day of ..... west bengal ..... became taxable by the amendment of section 14 (3) of the act made by the finance act, 1960 and this amendment could not take ..... wrongly allowed for the purposes of this act: provided further that no allowance under this clause shall be made in respect of any machinery or plant which consists of office appliance ..... of the indian income-tax act, 1922 (hereinafter called the act) on the ap-plications filed ..... view that there is no provision in the act under which the reserve fund account should be ..... so far as the second question is concerned, payment of ..... to section 10 (2) (vi-b) of the act are there before the rebate is allowed.10. ..... amendment came into effect from the 1st of april 1960 by the finance act of 1960 which received the assent of the president on 20th of april, 1960.section 1 (2) of that act provided that the provisions of that act ..... amendment of section 14 (3) of the act ..... act ..... amendment ..... of business carried on by it by virtue of section 14 (3) of the act. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1973Raj103
..... his objection that the joint legal remembrancer has no jurisdiction to proceed under section 68-d of the motor vehicles act is rejected, but the joint legal remembrancer is directed that this petitioner may be substituted in the place of original objector chhoturam roodmal after hearing the latter as he is not party to these writ ..... air 1968 cal 35 that the rules of business framed by the government of west bengal under article 166(3) of the constitution are intended for more convenient transaction of business of the government of the state and not to create or confer a right upon a public servant to come and apply for a writ ..... all the four petitions these allegations were raised by means of application dated 3-11-1971 seeking amendments in the petitions. ..... in the second case it was held that the provisions relating to the mode of exercise of executive power are of vital nature and contemplate a proper delegation by rules to be framed by the governor and consequently are not a fit subject of immunity from judicial inquiry and the bar cannot be extended to include them also and it cannot be accepted that the courts have no authority to examine whether a functionary acting in the name of the governor has the authority to do so ..... in the second place when their application for getting the delay condoned was specifically rejected on 26-10-1970 by a separate order, it cannot be taken that the petitioners were impliedly asked to file the list of witnesses or to produce their evidence .....
Tag this Judgment!Court : Rajasthan
Reported in : 1973(6)WLN846
..... to be served on the person detained should contain firstly the recitals in terms of one or more of the sub clauses of clauses (a) and (b) of section 3(1), which has been characterised by the supreme court: as the 'preamble' and secondly, the grounds contemplated by section 8, namely, the conclusions of fact which have led to the passing of the order of detention, informing the detenue as to why he was being detained. ..... the state of west bengal : air1972sc2132 the honble judges of the supreme court in para 9 have observed,:it is by now well-settled that in cases dependent on subjective satisfaction if it is found that one of the grounds for detention is extraneous or is factually ..... , by his order dated 25-9-1973 (ex.1) exercising his power under the security act detained the detenu 'with a view to preventing him from acting in any manner prejudicial to the maintenance of supplies and services essential to ..... and article 226 of the constitution of india praying for a writ, order or direction for the release of hariram loharia (hereinafter called 'the detenu') detatined under section 3(1)(a)(iii) of the maintenance of internal security act, 1971 (hereinafter called 'the security act') by the order of the district magistrate, sikar (hereinafter called 'the d.m ') dated 25-9-1973.2. ..... in regard to the ground relating to cement the clear infirmity is that it relates to an act already done and does not speak of any apprehension in regard to its repetition for which the detention was necessary .....
Tag this Judgment!Court : Rajasthan
Reported in : 1974WLN367
..... air 1959 sc 169:suppose a man obtains a permit or a licence for running a motor vehicle or an excise shop having enjoyed the benefit of the permit for several years, is it open to him to say when action is proposed to be taken against him to terminate the licence, that the law under which the permit ..... state of west bengal : [1971]3scr897 , shanhaggakannu v. ..... the court always gives leave to amend the pleading of a party, unless it is satisfied that the party applying was acting mala fide, or that by his blunder, he had caused injury to his opponent which may not be compensated for by an order of costs. ..... in this case it would be noticed that the second notification, dated april 27, 1964, was for the sale during the next two years.tested in the aforesaid light, we are inclined to take he view that the guaranteed amount in our cases appear to us to be equivalent to be a 'kist' of the mysore act, being price paid for the exclusive privilege of selling country liquor in retail and excepting test no. ..... of rule 57 (3) 'any other system, sanctioned by the government from time to time' are elastic and in contrast to the earlier two systems of 'auction'' and 'commission' contemplate a residue of all systems other than the first and second subject to the sanction of the government. ..... the second infirmity is that licences envisaged by rule 57 (3) bereft of the words added by notification dated february 2, 1963 (namely 'for instance the guarantee system') were wide enough to include this system. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1977Raj46
..... secondly, if we look at the object behind the two statutes, namely, the act and the motor vehicles act, there can be no doubt that the act, which was passed to meet an emergency arising out of the chinese invasion of india in 1962 must prevail over the provisions contained in chapter iv-a of the motor vehicles act which were meant to meet a situation arising out of the taking over of motor ..... state of uttar pradesh, air 1966 sc 785 the point for conside-ration was whether in view of the provisions of section 6 (4) of the defence of india act and the rules made thereunder which lays down that during the continuance in force of the act, the motor vehicles act, 1939, shall have effect subject to certain provisions specified in clauses (a) to (f) and, therefore, it was urged that the state government could not take over the ..... this amending act got the assent of the ..... the law was made in the state of rajasthan by enacting the rajasthan tenancy (amendment) act, 1960. ..... of income-tax, west bengal, air 1962 sc ..... this amending act of 1960 was however challenged in this court and the petitioners obtained interim orders directing the government to stay the ..... the law was again amended in 1970 and section 30 (j) was deleted ..... amendments were brought in chapter iii-b of the rajasthan tenancy act ..... the effect of the amendments so brought by the legislature was that it maintained the ceiling area to the extent of 30 standard acres but recognised certain transfers effected after 1958 which could not be .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1980Raj14; 1979()WLN194
..... the partnership therefore, could not have carried on the business of plying the truck on hire without obtaining a permit under section 42 motor vehicles act the suit has to be dismissed in such a case not because it is to help the defendant but because violation of law cannot be condoned by court. ..... in the absence of any provision in the motor vehicles act laying down that transport business in partnership can only be done on permits issued and obtained by the firm itself and with vehicles of which the firm is the owner, it cannot be held that sections 31, 42 and 59 of the motor vehicles act are transgressed when transport business is carried on with vehicles belonging to a partner or to the firm on the authorisation of permits held by a partner. ..... it inter alia lays down that no person shall drive any motor vehicle and no owner of a motor vehicle shall cause or permit a motor vehicle to be driven unless the vehicle is registered in accordance with chap. ..... 1 gheesukhan alone and not in favour of mangilal and gheesukhan jointly and that permit under section 42 of the motor vehicles act (no. ..... section 31 provides for transfer of ownership of the motor vehicle, section 42 is an important section which deserves notice. ..... of income-tax, west bengal : [1959]37itr271(sc) . 5. mr. g. s. ..... 25, 1963 which was subsequently amended. ..... this is a plaintiff's second appeal against the judgment and decree dated oct. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1983CriLJ633
..... court of session alone is competent to take cognizance of such offences in view of the provisions contained in section 193 of the new code, sub-section (1) of section 190 empowers a magistrate of the first class and a magistrate of the second class specially empowered in this behalf under sub-section (2) to take cognizance of any offence either upon receiving a complaint of facts which constitute such offence or upon a police report of such facts or upon his own knowledge ..... that such offence has been committed, sub-section (2) of section 190 makes provision for a magistrate of the second class being empowered by the chief judicial magistrate to take cognizance of such offences as are within his competence to enquire into or try. ..... the aforesaid observations of the supreme court cannot be construed to mean that non-compliance with the provisions of second proviso to sub-section (2) of section 167 prior t0 the accused being committed to the court of session which rendered detention of the accused illegal, should ..... in the proviso, as originally enacted, was, however, felt to be insufficient in cases relating to offences punishable with death, imprisonment for life or imprisonment for a term not less than ten years and by the amendment introduced in the said proviso by act no. ..... of rajasthan 1975 cri lj 1984 (supra) and prem raj ..... raiasthan 1975 wln 132 : 1975 cri lj 1984 and prem raj v. .....
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