Court : Rajasthan
Reported in : AIR1999Raj325; 1999(3)WLC556; 1999(1)WLN594
..... the supreme court. he applied for the enrolment as an advocate with the bar council of rajasthan but his application was rejected on 25-5-1985 (annexure-4). later on, the registrar of the university issued a certificate in favour of the petitioner for his enrolment as an advocate (annexure-5). on the basis of the said certificate he ..... of the petitioner. in a suit filed by one mr. purohit, also thebar council of rajasthan supported the petitioner in view of the earlier order passed by the university appointing the petitioner as a law officer. it clearly appears that some persons were against the petitioner, therefore, they were out to harass the petitioner by making false ..... 3. the impugned order at annexure-1 came to be passed by the bar council of india on a reference made under section 26( 1) of the advocates act by the bar council of rajasthan. it was held that the petitioner cannot continue as an advocate and his enrolment deserves to be cancelled since his enrolment was obtained .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1981Raj180; 1981()WLN7
..... called hotel at all. it was further contended that the remaining portion of the hotel is given to some foreign students who come for study at udaipur university and who stay for about three or four months.6. it was further contended that the petitioner had applied for the renewal of license for the year ..... did not renew the petitioner's license, the petitioner had remedy by way of appeal to the board of revenue, ajmer under section 67 of the rajasthan prohibition act, 1969. the petitioner did not avail of this opportunity. it was further contended on behalf of the respondents that the prohibition commissioner has personally informed the petitioner ..... rule (10) of rule 3 of the rules.the petitioner has further contended that in order to meet the situation prevailing on account of the enforcement of the act, the state government proceeded to issue telegraphic instructions providing inter alia that the licenses granted to three star and above hotels. tourist corporation hotels and midways and .....
Tag this Judgment!Court : Rajasthan
Reported in : 1972WLN332
..... question of prosecution in respect of offences under the companies act, 1913, long after the act of 1956 came into force in pondicherry territory. on consideration of the language of section 648 of the 1936 act as also the provisions of section 6 of the general clauses act the learned judge held that the prosecution under the ..... and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed as if this act had not been passed:provided further that, subject to the preceding proviso, anything done or any action taken (including any appointment or delegation made, notification, order ..... repealed law could not be initiated after the coming into force of the new act. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1997CriLJ2101; 1998(1)WLC570; 1997(1)WLN254
..... chief judicial magistrate, tonk, on the complaint filed by the food inspector, tried the petitioner for the offence under section 7/16 of the prevention of food adulteration act, 1954 (the act), and found him guilty thereof. accordingly he convicted the petitioner of the said offence and sentenced him to six months rigorous imprisonment plus rs. 1,000/- fine ..... showing misplaced sympathy to the offenders of such offences and adoption of lenient view in their cases not only encourages the offenders to indulge in more and more acts of adulteration thus imperiling the health of the innumerable innocent consumers, a state which we find this state in, but also causes erosion in the faith of the ..... by mr. jain that the charge framed was defective in as much as the violation of specific provision of the act and of the rules was not mentioned therein. reliance was placed on jagan nath v. state of haryana, (1985) fac 194 (p&h;), in support of this contention.9. in the same continuation it may also be .....
Tag this Judgment!Court : Rajasthan
Reported in : 1990(2)WLN417; 1990WLN(UC)420
..... case (supra). in this case, the transfer of the incumbent as assistant professor to the maniper university against his wishes was challenged. the jawahar lal nehru university under section 5(2) of the jawahar lal nehru university act, 1966 established a centre of post-graduatu studies at imphal and appointed the respondent as assistant professor on a regular basis and also ..... simultaneously making it either expressly or by necessary implication, subject to the respondent's consent. the provision in manipur university act for the transfer of the services of the staff working at the said centre must be construed as enabling such transfer with the consent of the employee ..... it was upheld. this judgment was further followed by one of us in ram pratap v. state of rajasthan (1987) (1) wln 569 and ram kishore v. slate 1985 rla 748. thereafter, an appeal was also preferred before the division bench of this court no the division bench upheld the judgment in state of rajasthan v. ram pratap & .....
Tag this Judgment!Court : Rajasthan
Reported in : [2002]125STC35(Raj); 2002(1)WLC369; 2001(2)WLN674
..... the absence of making any provision in different varieties of the same type of commodities, if they fall in the same genere, that rate would be applicable universally to all varieties falling therein without any distinction. this decision rather helps the petitioner than the respondents.19. the another decision relied on by the learned ..... manufacture of white cement could be considered as the other manufacturer in relevant industry. the only manufacturer which was in existence in rajasthan prior to january 1, 1985 engaged in the manufacture of white cement, the goods manufactured by the petitioner-company, was j.k. white cement at gotan, and therefore, for the purpose ..... 23.'s.o. 23.--in exercise of the powers conferred by section 8(5), central sales tax act, 1956, the state government in supersession of the. finance department notification no. f4(72)fd/gr. iv/81-36 dated december 3, 1985, hereby directs that, with immediate effect, any dealer, having his place of business and manufacturing .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1993Raj86; 1992(2)WLC463; 1992(1)WLN415
..... violation of doctrine of natural justice. the audi alteram partem rule is flexible. it is necessary to adjust and harmonise the need for speed and. the obligation to act fairly. suresh koshy george v. university of kerala air 1969, sc 198; state of orissa v. dr. binapani dei, air 1967 sc 1269 and smt. menaka gandhi v. union of india air ..... , mr. l.s. udawat, the learned addl. advocate general has drawn our attention to a decision of this court in state of tamil nadu v. p. m. belliappa, 1985 lic 51, wherein a division bench of the madras high court has held :'that when matter of suspension is left to the objective satisfaction of the govt., the normal rule ..... cannot be permitted to himself indulge in such activities inconsistently with his duties, and if he does so, he is flagrantly abusing his position. in madanlal v: state, air 1985 hp 64, a learned single judge of the himachal pradesh high court has held that any and every abuse of the member of a municipal committee of his position, even .....
Tag this Judgment!Court : Rajasthan
Reported in : (1994)ILLJ1038Raj; 1993(1)WLC577
..... affect the property of one of her majesty's subject, is bound to give such subject an opportunity of being heard before it proceeds: and that the rule is of universal application, and founded on the plainest principles of justice. how, is the board in the present case such a tribunal? i apprehend it clearly is.....' and byles j ..... rule of law. the silence of a statute has no exclusionary effect except where it flows from necessary implication.' 35. in union of india v. tulsi ram patel,(1985-ii-llj- 206) a constitution bench of the supreme court through justice madon considered the various facets of the principles of natural justice and application of the same in ..... from the standpoint of policy and expediency. the habit of mind of an executive officer so formed cannot be expected to change from function to function or from act to act. so it is essential that some restrictions shall be imposed on tribunals in the matter of passing orders affecting the rights of parties; and the least they .....
Tag this Judgment!Court : Rajasthan
Reported in : (2003)183CTR(Raj)622; [2004]270ITR72(Raj)
..... had been leased out from the very first month of the previous year relevant to asst. yr. 1983-84 till whole of the previous year relevant to asst. yr. 1985-86. the assessee though had not manufactured any article or things, but claimed deduction under section 80-i. that claim has been rejected by the ao.assessee preferred an ..... and in the circumstances of the case and in law, the tribunal was justified in deleting addition made under section 43b ?' 2. the relevant assessment years are 1983-84 to 1985-86. the entire factory premises including machinery, etc. were leased out by the assessee-company to m/s pratap rajasthan special steels ltd. w.e.f. august, 1981, ..... third party, in spite of that the assessee is entitled for benefit of section 80-i of the act, 1961, mr. kasliwal placed reliance on the decision of madras high court, which has been relied on by the tribunal in case of cit v. universal radiators (p) ltd. (supra), cit v. flender macneill gears ltd. (supra), cit v. western mechanical .....
Tag this Judgment!Court : Rajasthan
Reported in : 2001(3)WLC419; 2003(1)WLN255
..... further plea that the impugned provisions tantamounts to interference with the rights of the petitioners to carry on his trade or business inside the union territory of pondicherry has no basis in law or meaning. the law in question is enforced within the territorial limits of the state of tamilnadu and if the petitioners ..... seventh schedule. it is also relevant to mention here that a similar provision does exist in other laws, like, rajasthan sales tax act; essential commodities act; arms act; and indian forests act.54. we shall not deal with the cases cited by the learned advocate general in regard to the jurisdiction of the civil court ..... prohibition (second amendment) ordinance, 1982. in that case, writ petitions were filed challenging to the constitutional validity of certain sections of the tamil nadu prohibition act and amended act, 1983 and the tamil nadu liquor transit rules, 1982 framed thereunder. the broad out lines of challenge were:(a) whether the state legislature is competent .....
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