Court : Rajasthan
Decided on : May-27-2010
..... not regulatory in nature. for vesting of undertaking in hzl, the undertaking of the mci was taken over by the government of india by the act of 1965, act of 1966 and act of 1976 and then undertaking was transferred to hzl. in jialal kapur's case, the division bench of this court was influenced by the ..... the respondent is that the respondent-company is engaged in commercial activity. the commercial activity itself is not a decisive factor nor body's registration under the companies act itself is decisive. the decisive criteria as already referred and discussed above, clearly proves the respondent to be 'other authority' within the meaning of article 12 ..... its functions and activities. the respondent-company raised preliminary objection that the respondent-hindustan zinc limited (for short 'hzl') is merely a company registered under the companies act, 1956 and it is not state within the meaning of article 12 of the constitution of india and, therefore, no writ lies against it. in support of .....
Tag this Judgment!Court : Rajasthan Jaipur
Decided on : Oct-29-2010
..... india. we have considered aforesaid argument also. before appreciating the argument of the petitioners, it is necessary to refer the objects for which the sebi act was enacted. it provides establishment of board to protect interest of the investors in securities and to promote development and to regulate the security market and ..... are passed by the courts, tribunals and quasi judicial authorities while exercising their inherent powers. in this case, such powers are contained in the sebi act itself. thus, mere passing of ex-parte interim order during pendency of the proceedings cannot mean elimination of principles of natural justice. the petitioners would be ..... failed to raise their objections before the board within the stipulated period and straightway approached this court. second proviso to section 11(4) of the sebi act does not eliminate principles of natural justice, rather it provides for an opportunity of hearing to the intermediaries or persons concerned. in the light of aforesaid .....
Tag this Judgment!Court : Rajasthan Jaipur
Decided on : Nov-24-2010
..... of rajasthan & another v. tajiander pal, reported in (2003) 6 tax update part 3 page no. 84 considered the provisions of section 78(10-a) of the act of 1994 and held that these provisions are not mandatory and only directory in nature. division bench further held that if all the required documents were available at the time ..... officer vide its order dated 31.10.2006 levied penalty under section 76(11) of the rajasthan value added tax act, 2003(hereinafter referred to as 'the act of 2003') for violation of provisions of section 76(2)(a) of the act of 2003. penalty order passed by the assessing officer was set aside by deputy commissioner (appeals) vide order ..... assessing officer.4. it is relevant to mention that provisions of section 76(11) of the act of 2003 are peri materia with the earlier provisions of section 78(10-a) of the rajasthan sales tax act, 1994(hereinafter referred to as 'the act of 1994').5. learned counsel for the petitioner does not dispute that all the required documents .....
Tag this Judgment!Court : Rajasthan
Decided on : May-10-2010
..... , the right whatever accrued, that will be in favour of the purchaser and such purchaser shall be abide by the provisions of the tenancy act. the act of 1955 nowhere excludes application of the provisions of section 42 even while making transfer of khatedari rights as a consequent to the execution of ..... extend to one year or fine which may extend to rs. 1000/- or both.10. the rajasthan agriculture credit operations (removal of difficulties) act, 197411. an act to make provisions to facilitate adequate flow of credit for agricultural production and development through banks and other institutional credit agencies and for matter connected ..... and reasons, as follows:in order to facilitate adequate flow of credit by commercial banks to the agriculturists, rajasthan agricultural credit operations (removal of difficulties) act, 1974 was enacted by the state legislature on the basis of recommendations of the talwar committee constituted by the central government.in the definitions of terms ' .....
Tag this Judgment!Court : Rajasthan Jaipur
Decided on : Nov-27-2010
..... worth crores. however, the affidavits given by the chief secretary, state of rajasthan clarifies the position, thus we need not to makeobservation regarding the act of the official respondents.21. the writ petition is accordingly allowed holding that the private respondents are not in rightful possession of the property in question ..... above clearly shows that respondents challenged inclusion of structure in khasra no.77 while notification was issued under section 52(1) and 52(2) of uit act, 1959. thus, they knowing about the acquisition of the structure, challenged the same and now taking a contrary plea of exclusion of structure from acquisition ..... to acquire the land of ram bagh area and, thereafter, a gazette notification was issued under the provisions of rajasthan urban improvement trust act, 1959 (for short uit act of 1959). acquisition was challenged by brigadier bhawani singh (erstwhile ruler), gandhi grah nirman co-operative society and many other persons. acquisition proceedings .....
Tag this Judgment!Court : Rajasthan Jaipur
Decided on : Oct-21-2010
..... .10. hon'ble the apex court in assistant commercial taxes officer v. bajaj electricals limited (supra), considered the provisions of section 78(5) of the rajasthan sales tax act, 1994. the amendment made in section 78(5) on 22.03.2002 was also considered and it was held that expression person in charge of the goods under section ..... assessing officer during enquiry, however, the assessment order was set aside on the ground that before 22.03.2002, when amendment was made in section 78(5) of the act of 1994, penalty could not have been levied against owner of the goods and it could have been levied only against 'vehicle driver' or 'person in charge of the ..... be sent along with the goods.4. the assessing officer was not satisfied with the explanation furnished by the assessee and consequently, levied penalty under section 78(5) of the act @ 30%, amounting to rs.60,481/- vide order dated 30.06.1999. being aggrieved with the same, an appeal was preferred by the assessee, which was allowed by .....
Tag this Judgment!Court : Rajasthan
Decided on : Apr-01-2010
..... charge against the petitioner has been of intoxication and reads as under:the accused no. 86132836 constable devi lal 'g' coy of 20 bn bsf, is charged with:bsf act intoxication section-26 in that he, at mithrau postt.p no. 6 on 28.10.2003 atabout 0730 hrs was found ina state of intoxication.18. as noticed, the ..... on the ground of unsuitability but before the competent authority could pass final order thereupon, the writ-petitioner committed yet another offence punishable under section 26 of the bsf act for intoxication where for ssf court was conducted and he was ordered to be dismissed form service on the basis of finding of the ssf court proceedings held on ..... over staying on leave. the writ-petitioner submitted that on 28.10.2003, he was served with a charge-sheet under section 26 of the border security force act, 1968 ('the bsf act') and was placed under close arrest at headquarter 20 bn. barmer on 29.10.2003; and that the assistant commandant proceeded with the record of evidence (roe) .....
Tag this Judgment!Court : Rajasthan
Decided on : Jan-13-2010
..... has been submitted that the respondents have failed in their duty to immediately launch prosecution under the passport act. moreover, the very fact that the respondents have denied sanction to the petitioner for launching prosecution against the two persons also goes to show that ..... about his personal particulars.it has been submitted that the concerning person is equally responsible for committing the offence under section 12(2) of the passport act by issuing the verification certificate containing the facts which do not exist and the same led the passport officer to issue the passport. therefore, it ..... had stated that sufficient information was given to him in the previous communication dated 27.03.2009. the petitioner again moved an application under right to information act to the passport officer (annexure-12) and to the chief secretary, government of rajasthan, respondent no. 4 (annexure-13) requesting for information regarding the .....
Tag this Judgment!Court : Rajasthan
Decided on : Apr-12-2010
..... death in unnatural circumstances, do exist in the present case. further, since the ingredients prima facie do exist, the presumption under section 113-b of the evidence act can be drawn safely against the petitioners. hence, the learned judge was certainly justified in framing the charge under section 304-b ipc.14. abatement need not ..... 2006 (2) w.l.c. (raj.) 268 observed as under:there are differences between 'taking of cognizance' and 'framing of charge'. of course, both the acts require the application of judicious mind. however, the former is done without hearing both the parties. cognizance is taken without the accused being heard. the latter is done ..... requests till the demand of rs. 1 lakh was fulfilled. thus, there was an implied dowry demand. furthermore, the abandoning of wife by the husband is an act of cruelty inflicted by the husband. therefore, even during the intervening period of january, 1996 till december, 1997 mental cruelty for dowry demand was constantly inflicted. hence .....
Tag this Judgment!Court : Rajasthan
Decided on : Feb-02-2010
..... basis, in as much as, tenancy, or lease is a matter of contract, and is governed by the terms of contract and the provisions of transfer of property act, which makes elaborate provisions for creation of tenancy, its termination and the rights and liabilities of the respective parties to the contract of tenancy. the rent control legislation ..... consideration to the rival submissions made by counsel for the parties.12. the question no. 1 framed by this court is that whether the rajasthan rent control act, 2001 has been made applicable to whole of the state of rajasthan vide notification dated 21.3.2003 or it is applicable upon the municipal areas which are ..... of rajasthan vide notification dated 21.3.2003 or it is applicable upon the municipal areas which are comprising the district headquarters? (2) whether the rajasthan rent control act, 2001 has come into force upon the municipal areas or other areas of the state other than district headquarters under the notification dt. 21.3.2003 (3) .....
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