Court : Rajasthan
Reported in : 1981CriLJ144; 1980()WLN156
..... in the instant case, the learned counsel for the rajasthan financial corporation was given a direction to submit a feasibility report within a month, at the time when these proceedings were being conducted before the court, the meeting of the board of directors of the rajasthan financial corporation was going on ..... it may also be mentioned that the court had directed only for submitting a feasibility report, but it had in no way restrained the rajasthan financial corporation from transferring the assets of the incon (india) ltd ..... it has been further contended by the respondents that they have not failed to carry out any directions issued by the court and according to the order dated 30-1-1979, a feasibility report was to be submitted as to whether the company could restart its working. ..... though, taking an ultra-technical view there might be some infraction in not submitting the feasibility report, but transferring the assets of incon (india) ltd. ..... accordingly shri agarwal was directed to submit; a feasibility report whether the work and functioning of the company can be restarted ..... thought that law should be most jealously and carefully applied and the power is to be cautiously exercised with the greatest reluctance and anxiety, because of the betterment and welfare of the state and because the privileges of the judges are involved. ..... agarwal is directed to submit a feasibility report whether the work and the functioning of the company can be ..... such a feasibility report was never submitted .....
Tag this Judgment!Court : Rajasthan
Reported in : 1980WLN259
..... a departmental enquiry is contemplated and if an enquiry is not in fact proceeded with article 311 will not be attracted unless it can be shown that the order though unexceptionable in form is made following a report based on misconducthe then referred to vasudeva's case of haryana, which was the first to be referred and relied upon by the other learned judge justice untwalia in para 12 and pointed out that the words ..... the court should decline to peruse the official records in an appropriate case and why, where considerations of privilege and confidentiality do not suffer, the information set forth in the records should not be made available to the ..... it has been held that the court can peruse the official records in appropriate case and if considerations of privilege & confidentiality do not suffer, the information set forth in the records should be made available to the government servant and the information should not be with held merely ..... it is submitted that even if it is permissible, then also in the instant case, it is evident that adverse entries in the confidential reports and the notings referred to above only provided a motive for reverting the petitioner and if it is held to be so then the reversion ..... leading to the order of reversion and then held that the authorities concerned wanted to take action against the petitioner on the basis of the confidential reports about which the rules as contemplated by rule 1619 of indian railway establishment code have not been framed. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1978(11)WLN304
..... judge of high court who entertains or deals with a petition challenging any order or decision of a legislature imposing any penalty on the petitioner or issuing any process against the petitioner for its contempt, or for infringement of its privileges and immunities, be who passes any order on such petition, does not commit contempt of the said legislature and the said legislature is not competent to take proceedings against such as a judge in the exercise and ..... required to be made by a minister in the parliament for the discharge of his duties as such minister, the above two questions would certainly depend upon the decision of this court about the powers and privileges of the members of parliament who become ministers regarding their speeches in the pail lament as contemplated by article 75 of constitution and the others relevant provisions in the constitution and the rules of business of the lok ..... benches. he was speaking on the subject of policy of non-alignment and reported gnat progress in the improvement of relations with the neighboring countries, when he referred to the post-dinner ..... : [1969]3scr603 that newspaper reports are not admissible unless the correspondent is examined to ..... to any proceedings in any court in respect of anything said or any vote given by him in parliament or any committee thereof, and no person shall be so liable in respect of the publication by or under the authority of either house of parliament of any report, paper, votes or proceedings .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1978Raj140; 1978(11)WLN137
..... i want that all these facts should come on record so that the privileges obtained by him be scrutinised, and the privileges which are allowed to a married man be diverted from him to maintain my child and myself for a decent living. ..... on a false report that he is maintaining his wife. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1978Raj72
..... it was next urged on behalf of the petitioner and the intervenor that the president in case of failure of constitutional machinery in the state on the receipt of the report of the governor of a state or otherwise, on being satisfied that the government of a particular state cannot be carried on, he may himself assume all or any of the functions of the state government. ..... (7) when a temporary vacancy in the office of the vice-chancellor occurs by reason of leave, illness or otherwise, the syndicate shall forthwith report the same to the chancellor who shall make such arrangement for carrying on the office of vice-chancellor as he may deem fit. ..... 2345):'the judges of the high courts owe their appointment to the constitution and hold a position of privilege under it and are not government servants in the ordinary signification of that expression. ..... over the state government against the wishes of a chief minister, who enjoys the confidence of the state legislature, though of course, the president may keep himself informed of the affairs in the state through the reports of the governor, which may lead to the removal of the ministry, under article 356.37. ..... he is entitled under clause (3) of article 158 to such emoluments, allowances and privileges as may be determined by parliament by law and such emoluments are guaranteed during the tenure of his office.78. ..... he owes his appointment to the constitution and holds the position of privilege under it. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1977Raj46
..... any land by acquisition under clause (b) ofsub-section (1) shall, within six months of such date or within three months of acquisition, as the case may be, make a report of such possession or acquisition to and shall surrender such excess land to the state government and place it at the disposal of, the tehsildar within the local limits of whose jurisdiction such land is situate. ..... land by acquisition under clause (b) of sub-section (1), shall, within six months of such date or within three months of the acquisition, as the case may be, make a report of such possession or acquisition to, and shall surrender such excess land to the state government and place it at the disposal of the tehsildar within the local limits of whose jurisdiction such land is situate. ..... different intention, for whereas thegeneral clauses act keeps alive the previous operation of the enactment repealed, and things done and duly suffered, the rights, privileges, obligations or liabilities acquired or incurred, and authorises the investigation, legal proceeding and remedies in respect of rights, privileges, obligations, liabilities, penalties, forfeiture and punishment, as if the repealing act or regulation had not been passed. ..... priviltage, obligation or liability acquired, accrued or incurred under any enactment on repealed or affect any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, fine, penalty, forfeiture or punishment as aforesaid are attracted. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1974WLN969
..... chief justice to proceed with the enquiry with the charges made against the petitioner it should be taken that the enquiry was made by the high court and, there- fore, the enquiry report, on the basis of which governor imposed the penalty, cannot be said to be suffering from any infirmity, and the penalty imposed by the governor was quite in consonance with the provision of the constitution ..... m.b.l bhargava, appearing on behalf of the petitioner, on the other hand contended that the subsequent adoption of the report of mr justice bhargava, who was incompetent to initiate the disciplinary enquiry by framing charges against a member of the ..... ground between the parties that thereafter the full court met on december 11, 1965, and discussed the inquiry report, made by hon'ble justice bhargava in the light of the observations made by the court. ..... the circumstances of this case cannot be said to have been taken by the high court and his report, therefore, could not be used by the governor to impose the penalty of removal as mr. ..... a disciplinary authority and, therefore, he could neither frame charges nor could be conduct the inquiry and recommend to the government about the petitioner's removal from service and subsequent acceptance of that report by the full court does not give any validity and sure the defects of that report which was from its very inception illegal. ..... he full court has not been placed before us, as the registrar has claimed privilege to produce this document in the court. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1974WLN622
..... if a legislation is discriminatory and discriminates one person or class of the persons against others similarly situated and denies to the former the privileges that are enjoyed by the latter, it cannot but be regarded as hostile in the sense that it affects injuriously the interest? ..... in a later case reported as ramnath verma v. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1974WLN367
..... in the aforesaid case the learned chief justice made an exhaustive survey of the law on the subject and after examining various legislative measures relating to excise duty made the following pertinent observations at page 12 of the report:after examining various provincial acts relating to the control of alcohol, i have been unable to find any case of excise duties payable otherwise than by the producers or manufacturers or persons corresponding to them; i am ..... the licensee the amount of excise duty given as the component of the issue price for the supply of the country liquor would be adjusted in the amount of the exclusive privilege subject to the condition that this adjustment of the excise duty paid as component of the issue price would be done only upto the limit of the issue price. ..... to accept the contention of the leraned counsel for the liquor contractors that the contracts entered into either under the guarantee system or under the exclusive privilege system by them with the state government were void and they were opposed to the directive principles of the state policy contained in article 47 of the ..... such provision in the act; it provides, it is true, as do other provincial acts, for lump sum payments in certain cases by manufacturers and retailors, which may be described as payments either for the privilege of selling alcohol or as consideration for the temporary grant of a monopoly; but these are clearly not excisable duties or anything like them again gwyer, c.j. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1974Raj84; 1974(7)WLN1
..... according to rule 54 of the rajasthan high court rules, 1952, it is the privilege of hon'ble the chief justice to constitute single or division benches from time to time and to allot business (cases) to them and the judges of the court shall sit to hear cases according to the arrangement made by ..... we have drawn for the above consolidated observations on the learned speeches of the law lords in a very recent decision of the house of lords reported as attorney-general v. .....
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