Court : Rajasthan
Decided on : Nov-28-2000
Reported in : 2001(1)WLC433; 2001(1)WLN226
..... be appropriate to confer power on the state government to nullify virtually the effect of an award by exercising its power under section 6(4) of the act. the act applies not merely to disputes arising between private management and labour unions and the workmen employed by them but also to industries owned by the state government and ..... the governor,sd/-(shikhar agarwal)dy. secretary governmentannexure/6,26th march, 1999s.0.484: in exercise of the powers conferred by section 22-a of the registration act, 1908 (central act no. xvi of 1908), as applicable in the state of rajasthan, the state govt. hereby declares that the state govt. hereby declares that the registration of ..... 6 and 7 which are reproduced hereunder:annexure/3,1 april, 1999s.0.7. in exercise of the power conferred by section 22-a of the indian registration act, 1908 (central act no. xvi of 1908) p.s. applicable in the state of rajasthan, the state govt. hereby declares that the registration of the following classes of documents .....
Tag this Judgment!Court : Rajasthan
Decided on : Jan-04-2000
Reported in : AIR2000Raj238; 2000(2)WLC231
..... andthe sending it for an inquiry and seekingfindings of a judicial officer not below therank of the district judge, as is contemplated in section 63 (2) of the act, beforesuspending the petitioner, in whose case nocharge sheet has been framed except issuing order dt. 21-7-99 (ann, 4) for judicialinquiry therefore, the suspension being ..... this court. to consider the explanation to the impugned show cause notice is totally within the domain and competence of the authority or inquiring authority under the act and not this court. thus viewed, i do not find any justification to invoke extraordinary jurisdiction of this court to examine the validity of the show cause ..... case, her explanation was considered before passing the impugned suspension and whether the proceedings have commenced before the impugned suspension was passed under section 63 (4) of the act. 15. here, let me decide all these questions on the principles of law laid down in the decisions cited at the bar. in ugamsee modi v. state .....
Tag this Judgment!Court : Rajasthan
Decided on : Jan-04-2000
Reported in : AIR2000Raj166; 2000(2)WLC110
1. The petitioner who is a student, has filed this writ petition under Article 226 of the Constitution of India and prayed that respondent-University be directed to give admission to the petitioner in LL.B. Part I course in the current session of 1999-2000. In short writ of mandamus is prayed for by the petitioner in this petition as he was denied admission in LL.B. Part I course by the respondent-University only on the ground that he had less than 50% marks when he originally applied for admission on 9-7-99.2. The petitioner initially took admission in B.Com. Part I course in the Jai Narain Vyas University, Jodhpur in the year 1996 and completed his B.Com. Final examination in the year 1999. His examination was held on 31-5-99 and the result of the same was declared within less than one month i.e. 28-6-99. As per mark-sheet he secured 49.38% marks. Within the prescribed time i.e. less than 10 days he applied for re-evaluation of marks on 7-7-99. Last date for getting admission in LL.B...
Tag this Judgment!Court : Rajasthan
Decided on : Jan-07-2000
Reported in : AIR2000Raj226; 2000(4)WLC111
ORDERArun Madan, J. 1. By this application No. 145/90 filed under Order 41 Rule 17 & 19, CPC, applicant Santosh Kumar Jain (defendant appellant) prayed for recalling judgment dated 12-11-90 passed by another bench ofthis Court in S.B. Civil First Appeal No. 7/82 for short CFA No. 7/82). 2. This Court by its judgment dated 12-11-90 decided on merits and partly allowed aforesaid CFA No. 7/82 directing that the plaintiff is entitled to recover Rs. 39,554.11p. (as disclosed in Exh. 20) with interest @ 12% p.a. from 4-8-69 Bill payment from the defendant. This Court considered relevant pleadings, evidence of the parties and also the impugned judgment dt. 28-5-81 passed in Civil Suit No. 60/79 (2/72) by the Additional District Judge No. 1, Jaipur City. Jaipur against-which aforesaid CFA No. 7/ 82 was preferred. However, this Court by 63 judgment decided aforesaid CFA No. 7/82 in the absence of the learned counsel for both the parties. Hence this restoration application. 3. The contention of ...
Tag this Judgment!Court : Rajasthan
Decided on : Jan-13-2000
Reported in : AIR2000Raj222
..... powers is contrary to the provisions of the constitution and the act of 1994 itself. rules 59 and 61 of the rules of 1994 create an alternative authority for conduct of elections by collector and chief executive officer which is ..... in collector and chief executive officer respectively is contrary to the provisions of article 243-k of the constitution ol india and section 17 (2) of the act of 1994. the election of pradhan and that of pramukh has to be conducted by state election commission and any rule framed divesting state election commission of those ..... its constitutional obligations under article 243-k of the constitution of india and for declaration that the provisions of sections 28 and 29 of the rajasthan panchayat raj act, 1994 and rules 59 and 61 of the rajasthan panchayati raj rules, 1994 be declared ultra vires being violative of article 243-k of the constitution of india .....
Tag this Judgment!Court : Rajasthan
Decided on : Jan-27-2000
Reported in : AIR2000Raj215; 2000(4)WLC739
..... about the efficiency of the competent officer and the veterinary officer who did the job for him. it is obvious that the exporters and the authorities were acting in collusion. if that had not been so, the authorities would not have facilitated the export by preparing thou-sands of cyclosryled forms comprising the application form ..... undertaking given by the applicants. thecontention has therefore to be rejected.17. before parting with the case we express our shock at the manner in which the act and the rules are being implemented by the state govt. and its officers. legislature when it enacted the definition of competent authority could never have contemplated ..... rajasthan on the excuse of their being used after export for agricultural or dairy farming purposes in future after they grow up. the competent authority under the act cannot therefore entertain any application for export of calves and heifers out of rajasthan on the ground that they would be used for agriculture or dairy fanning .....
Tag this Judgment!Court : Rajasthan
Decided on : Jan-28-2000
Reported in : AIR2000Raj294
..... the constitution, nor the court can examine the wisdom, merit or efficiency of the policy of the legislature to see whether it effectuates the purpose of the act. the court can simply examine the validity of a subordinate legislation on the touchstone of competence and reasonableness. (vide k. jagadeesan v. union of india, ..... tax. (vide ahmedabad urban development authority v. sharadkur jayantikumar pasawalla & co., air 1992 sc 2038). it can merely persuade the state government to amend its act/rules/notification prescribing the said 'composite fee' for vehicles covered by the said scheme. but unless the state accepts it, the concept of composite fee remains ..... to the states was merely a request 'to take necessary action to incorporate its provisions relating to composite fee in the state's motor vehicles taxation act/rules and also to issue necessary instructions/guidelines to the state transport authorities'. instead of providing for a composite fee in relation to such permits, the .....
Tag this Judgment!Court : Rajasthan
Decided on : Jan-28-2000
Reported in : AIR2000Raj416; 2000(4)WLC412
..... made out by the prosecution. the court further observed that the jurisdiction under section 227 of the code is exercised by a senior arid experienced judge and he cannot act merely as a post office or a mouthpiece of the prosecution but has to consider the broad probabilities of the case the total effect of the evidence and the ..... unable to agree with the submission of the learned counsel. as regards election of m.p.'s and m.l.a.'s, they are governed by representation of people act. thus to provide such disqualification for m.p.'s and m.l.a.'s is within the domain of parliament. the impugned ordinance/legislation pertains to rajasthan legislative assembly. ..... thus, in our view the impugned panchayat act cannot be held to be discriminatory on this ground. we only say that there is no harm in adopting good things of juniors by the seniors. let the process .....
Tag this Judgment!Court : Rajasthan
Decided on : Feb-06-2000
Reported in : 2001(4)WLC395; 2007(2)WLN641
..... necessary that such hearing is afforded. the present case is a telling example.25. the foundation on which d.l.s.c. has acted as if the c.t.o.'s finding which may or may not have been accepted by the commissioner was a dictate to dlsc ..... of the commissioner. this makes abundantly clear that finding of c.t.o. in itself is not final to give him any authority to act but it is subject to approval by the commissioner, we fail to appreciate, in this background, that if the finding recorded by c ..... , 1991 taking alternate pleas. firstly that he is not liable to make payment of tax and section 5g of the rajasthan sales tax act does not apply to unit governed under the incentive scheme which are exempted from payment of tax and therefore, he is entitled to charge ..... any application for such sanction can be rejected. clause 9(b) enables the assessing authority to take action under the sales tax act as if there is no exemption and there was escapement of tax if he is satisfied that breach of any of the conditions .....
Tag this Judgment!Court : Rajasthan
Decided on : Feb-08-2000
Reported in : AIR2000Raj199; 2000(4)WLC731
..... the plaintiff (respondent) filed a suit of eviction (no. 739/ 93, 122/81) on the ground of default in payment of rent, under the rajasthan premises (control of rent & eviction) act, 1950 which was decreed by the civil judge (jd), jaipur city (west) under judgment dated 3-4-98, which was challenged by the defendant (petitioner) in aforesaid first appeal. the .....
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