Court : Rajasthan
Reported in : AIR1991Raj59; 1990(1)WLN558
..... its nature, its object and the consequences that would result from construing it in one way or the other. in an oft-quoted passage lord campbell said :'no universal rule can be laid down as to whether mandatory eanctments shall be considered directory only or obligatory with an implied nullifications for disobedience. it is the duty of courts ..... 11th july, 1980. the trial court after period of 5 1/2 years of framing of the issues determined on 8th january, 1985, the provisional rent under sub-section (3) of section 13 of the act of 1950, despite objections raised by the petitioer.the defendant-petitioner filed an appeal against the aforesaid order passed by the trial ..... 1976. sub-sections (7) and (8) are new insertions in section 13 by the amendment act of 1976.6. in determination of the question whether provision of law is directory or mandatory, the law appears to be settled that no universal rule can be laid down in this respect and the prime object must be to ascertain the legislative .....
Tag this Judgment!Court : Rajasthan
Reported in : (1999)IIILLJ523Raj; 1998(1)WLC383; 1997(2)WLN343
..... creating nuisance with the help of uncalled for elements. it is stated that the students had bycotted the university examination because of the petitioner. it is further stated that by virtue of proviso to section 16 of the act the petitioner could be compulsorily retired after completion of 25 years of service or on attaining the age of ..... that alternative remedy is not an absolute bar in maintainability of the writ petition. in another case, reported in ram and shyam co. v. state of haryana 1985 3 scc 267, it was observed 'the rule which requires exhaustion of the alternative remedy is a rule of convenience and discretion and a self-imposed restraint on ..... availed the alternative remedy.the petitioner relies on the judgment assistant collector of central excise, chandan nagar, west bengal v. dunlop india ltd. and ors. air 1985 sc 330 wherein the hon'ble supreme court had observed that article 226 is not meant to short circuit or circumvent statutory procedures. it is only where statutory .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2003(1)Raj530; 2002(3)WLC586; 2002(5)WLN3
..... constitution, for free and compulsory education for all children until they complete the age of fourteen years.'... a true democracy is one where education is universal, where people understand what is good for them and nation and know how to govern themselves. the three articles 45, 46 and 41 are designed ..... institution who were respondents therein. the division bench referred the matter to larger bench.2. the government of rajasthan vide circular issued on 23.1.1985, has given selection scale on completion of fifteen years of satisfactory service after regular appointment on a post to the government servants in the ministerial ..... respondents, who are the working/retired teachers of the petitioner educational institutions, had approached the non government educational institutions tribunal under section 21 of the act for redressal of their grievances regarding grant of selection scale and benefit of leave encashment. the tribunal allowed their applications which resulted in filing of these .....
Tag this Judgment!Court : Rajasthan
Reported in : 1987WLN(UC)103
..... per plan attached including the chhitar tank.note: should it be decided to make jodhpur the capital of the new rajasthan union or to locate the rajasthan university therein, his highness will agree with pleasure to handover to a government the umaid bhawan palace minus the furniture, decorative hangings, decorative lightings, pointings and ..... 21st july, 1986. although more than 10 months were at the disposal of the state government after the filing of the application dated 19th september, 1985, no steps were taken to move an application for amending the written statements in the writ petition and even when the matter was taken up for heariag ..... , land for pastures or sites of buildings and other structures occupied by cultivators of land, agricultural labourers and village artisans' would be regarded as land under the act. the third part of the definition expressly includes certain properties, namely, 'tanks, lakes, ponds, river and water channels held for purposes of irrigation, surface of .....
Tag this Judgment!Court : Rajasthan
Reported in : (2001)168CTR(Raj)214
..... unanimity that before launching prosecution there is no need to give hearing to the person concerned. illustratively, reference in this connection may be made to nirmala kapur v. cit ; universal supply corpn. v. state of rajasthan ; k balakrishnan nair v. asstt. cit. : [1995]215itr213(ker) : lakmandas pranchand v. union of india : [1998]234itr261(mp ..... that defaulter liable for running interest on delayed payment.it is pertinent to notice that while no reference has been made to order dated 21-5-1985, passed by the assessing officer under section 201, in the complaint lodged pursuant to sanction under section 279(1) and apparently erroneous statement of ..... singh v. state of punjab : 1958crilj265 . the court was considering the requirement of sanction as a condition precedent for prosecution under the prevention of corruption act, 1947. approving the opinion expressed by the privy council in gokulchand dwarkadas morarkas case (supra) the court laid bare the object and purport of provision .....
Tag this Judgment!Court : Rajasthan
Reported in : (1994)IIILLJ528Raj; 1991(1)WLN256; 1991(2)WLN99
..... rate in which case the substantial non-observance of the statutorily prescribed mode of observing natural justice may have the effect of invalidating the subordinate legislation. in carborandum universal ltd. v. c.b.d.t. 1989 supp. 2 scc-462 their lordships of the supreme court have observed that where a statutory provision does not ..... against the delinquent workmen have resulted in their removal from service and therefore, they have affected their livelihood. in union of india v. tulsiram patel air 1985 sc-1416, it has been observed by their lordships of the supreme court that the livelihood of an individual is a matter of great concern to him ..... a particular case. in this case, shri mohan poonamiya, president, rajasthan trade union centre, jaipur has already filed an application under section 32 of the advocates act to seek such permission in the instant case and the respondent-union is affiliated with the rajasthan trade union centre, jaipur and, therefore, shri mohan poonamiya, president .....
Tag this Judgment!Court : Rajasthan
Reported in : [1995(71)FLR551]; (1995)IILLJ1064Raj; 1995(2)WLC1; 1995(1)WLN300
..... eradication project is apart of sanitation water and community health project of the government of rajasthan. the petitioner passed b.com. examination in 1st division in 1980 from udaipur university. he was born on 2nd april, 1957 and belongs to backward community (teli). he was appointed as l.d.c. in sanitation water and community health project ..... jurisidction and are passed in flagrant violation of the principles of natural justice, the petitioner should not be relegated to avail the remedies provided under the act. 39. the industrial disputes act 1947, which is a special statute has been enacted by the parliament for settling the industrial disputes through conciliation and if not possible, then by ..... judgment of this court in bhanwar lal etc. v. r.s.r.t.c. (1985-i-llj-111), in which it was held that the normal remedy in case of violation of chapter v-a of the act is under the industrial disputes act and a writ though maintainable is to be entertained only in exceptional cases. it appears .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR2000Raj284
..... board, would cause an embarassment to the enquiry officer or that inquiry would be prejudiced in any way.'7. the aforesaid observation cannot be considered having any universal application for the reason that this court, in smt. rameshwari devi mewara v. state of rajasthan, air 1999 raj 47, has held that judicial officer, ..... the suspension order. while issuing such direction, the court placed reliance upon the judgment of this court in radhey shyam sharma v. state of rajasthan, air 1985 raj 65, wherein it has been held that before filing a writ petition challenging the suspensionorder, the person concerned should make a representation for its revocation before ..... writ petition has been filed for quashing the suspension order dated 6-1-2000 (annexure p/4) passed under section 63 of the rajasthan municipalities act. 1959 (for short, 'the act') by the state government against the petitioner the chairman of municipal board, gulabpura.2. the facts and circumstances giving rise to this case are .....
Tag this Judgment!Court : Rajasthan
Reported in : 1993(66)ELT375(Raj)
..... be prohibited from further proceedings in the matter under article 226 of the constitution to save unnecessary harassment of the person concerned.'12. reliance has also been placed on universal cables ltd. v. union of india [1978 (2) e.l.t. (j 632)] wherein it has been observed that if a notice issued by a tribunal ..... for the respondents has pressed his preliminary objection and has placed reliance on assistant collector of central excise, chandan nagar v. dunlop india ltd. and others [air 1985 sc 330 : 1985 (19) e.l.t. 22 (sc)] wherein a bench consisting of three hon'ble judges has observed as under :-'article 226 is not meant to short ..... union of india (decided on 3-1-1991) wherein it has been observed that since an equally effective and efficacious remedy is available to the petitioners under 1944 act, this court will not ordinarily interfere in such matters unless the aggrieved party has exhausted alternative remedies available under the statute. most of the taxing statutes, contain a .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1999Raj171
..... others, interlocutory application nos. 31 and 32 of 1993, legal assistant who wanted to be appointed to the post of judicial officer and had contended that he had been acting as a lawyer of his department and had the requisite experience and practice, the question which came up before the hon'ble supreme court was whether he should be lawyer ..... 1 for enrolment as an advocate given in para 4 of the rules framed by the bar council of rajasthan under section 28 read with section 24 of the advocates act. for the reason that the petitioner was actually working and giving appearance as law officer of the gmtd, rajasthan and was going and presenting and pleading the cases of ..... order1. the petitioner is a law graduate from the university of rajasthan. he had applied for being enrolled as an advocate on 18-7-1985 after depositing the required fee. at the time of his applying for being enrolled as an advocate he was working as in-charge, legal cell, general manager, telecommunication, district jaipur .....
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