Court : Rajasthan
Decided on : Apr-03-2000
Reported in : 2001(4)WLC725; 2002(1)WLN501
..... of the substance cannot be a process of manufacture. it may be seen that while the definition of very wide amplitude has been designed under the rajasthan sales tax act of the term 'manufacture' but it does not include the activity of exavation.(10). the learned counsel for the petitioner has urged that the term 'extraction' has ..... amendment in certificate of his registration to claim the benefit of concessional rate of tax prescribed in sub-s. (1) of sec. 8 of the central sales tax act, 1956. even assuming that excavation and drilling of mineral oil is not a manufacturing activity, but it certainly is a mining activity. purchase of goods by a registered ..... he is a manufacturer as he extracts oil from the earth and, therefore, he is entitled to the benefit of sec. 8(3) of the central sales tax act. he submitted that, without prejudice to his contention that drilling activity for excavating mineral oil from the earth is a manufacture process, the petitioner has primarily applied for the .....
Tag this Judgment!Court : Rajasthan
Decided on : Apr-03-2000
Reported in : AIR2000Raj333
..... of the shop being unfit for human habitation, as pointed out above, that para 7 of the plaint is sufficient pleading as required by section 13( 1 )(k) of the act and it has clearly been established from the evidence on record coupled with the admission of defendant no. 2 as pointed out above that the suit premises have become unfit ..... that there are no pleadings in the plaint in this regard as required by section 13(1)(k) of the rajasthan premises (control) of rent and eviction) act, 1950 (hereinafter referred to as 'the act'). according to the learned counsel, if the provisions of section 13(1)(b) are to be invoked, there has to be pleading, evidence and finding about the .....
Tag this Judgment!Court : Rajasthan
Decided on : Apr-05-2000
Reported in : 2001CriLJ800; 2001(2)WLC632; 2000(3)WLN39
..... meaning, however, in popular sense, it simply means honestly, without fraud, collusion or deceit, really, actually, without pretence and without intent to assist or act in furtherance of a fraudulent or otherwise unlawful scheme. the quality and quantity of honesty requisite for constituting good faith is conditioned by the context and object of ..... police under chapter xiv of cr.p.c. were not available in respect of offences triable under the west bengal criminal law amendment (special courts) act, 1949 and hence the investigation was without jurisdiction. the hon'ble supreme court reversed the said judgment observing as under:'the powers of investigation into ..... been contended that clauses 5 and 6 are relevant for our purpose, which speak about absurdity, express legal bar in the code or the concerned act either against the institution or continuation of proceedings or providing efficacious redressal. it has been submitted that though after the incident, there had been agitations and .....
Tag this Judgment!Court : Rajasthan
Decided on : Apr-11-2000
Reported in : 2001ACJ1834; AIR2000Raj327; 2000(4)WLC311
..... observed that the interest cannot be claimed under section 34, ipc as its provisions have not been specifically made applicable to the proceedings under the consumer protection act 1986. however, the apex court held that the general provision of section 34 being based upon justice, equity and good conscience would authorise the redressal forums ..... the evidence on record, concluded that the defendant failed to establish three conditions and circumstances expressly stated in second part of section 45 of the insurance act which are necessary to justify the repudiation of the claim of the plaintiffs.21. thus, without expressing any opinion on the merits of the conclusions of ..... settlement within time and there was no justifiable reasons to withhold or repudiate the same hence as per section 34, cpc so also under the. interest act, 1978 they are entitled to claim interest.10. shri maloo, learned counsel for the appellant added that the trial court failed to appreciate that the policies .....
Tag this Judgment!Court : Rajasthan
Decided on : Apr-24-2000
Reported in : AIR2000Raj396; 2000(3)WLC278
..... jda had framed the jaipur development authority building regulations, 1996 prescribing procedure for construction of the building in the region and u/section 68 of the jda act. fee to be charged had also been provided for approving the map for the purpose of permission of construction of the building. the maximum permissible commercial ..... where there has been a violation of the principle of natural justice or where the order or proceedings are wholly without jurisdiction or the vires of an act is challenged'. 'therefore, the jurisdiction of the high court in entertaining a writ petition under article 226 of the constitution, in spite of the alternative ..... entry 66, the state legislature has legislative competence to make provisions for fees to be imposed by the development authority constituted under section 31 of the said act. the high court has, however, held that simply because there is legislative competence for the state government to charge fees for the urban development authority, .....
Tag this Judgment!Court : Rajasthan
Decided on : Apr-24-2000
Reported in : AIR2000Raj407; 2000(2)WLN377
..... 2 as the sarpanch of grampanchayat, panchu, tehsil nokha, districtbikaner, as he stood disqualified even priorto the contest of the election under section19(gg) of the panchayati raj act, 1994inserted by the ordinance issued on 25-12-1997. 2. the facts and circumstances giving rise to this case are that the election of gram panchayat, panchu was ..... raised a preliminary objection that the petition is not maintainable and if any person is aggrieved, he ought to have filed an election petition under section 43 of the act read with rule 80 of the rajasthan panchayati raj (election) rules, 1994 (for short, 'the rules'), according to which election may be called in question by ..... no ambiguity in it. in casethe language of a statute is unambiguous,there can be no need to interpret it or examine the intent or object of the act and thecourts must give effect to it unless it leads toan absurdity or injustice. it is well recognised canon of interpretation that provisioncurbing the jurisdiction of the .....
Tag this Judgment!Court : Rajasthan
Decided on : Apr-24-2000
Reported in : AIR2000Raj371; 2000(3)WLC619; 2000(3)WLN313
..... promodelal moltrav. addl. district magistrate, air 1957 cal 164. the court reached the conclusion that interest, referred to in clause (xii) of section 26 of the act must be directly in terms of the contract itself and it cannot be merely sympathy or sentimental interest. 20. mr. rajendra vyas, learned additional government advocate, ..... kunverji ganatra, air 1977 sc 82, the hon'ble supreme court was confronted with a similar issue of incurring disqualification under the provisions of gujarat municipalities act, 1964, wherein the appellant therein had been declared disqualified on the ground that his application for allotment of a land had been allowed by the chief ..... was reinstated. petitioner was put under suspension after issuing a show cause notice in contemplation of an action under section 26 of the rajasthan municipalities act. 1959 (for short, 'the act'). petitioner filed writ petition no. 616/1999 and the division bench of this court, vide order dated 9-3-99, stayed the operation .....
Tag this Judgment!Court : Rajasthan
Decided on : Apr-24-2000
Reported in : (2000)69TTJ(NULL)772
..... this point in this appeal.'the learned counsel invited our attention to the order passed by the assessing officer under section 186(1)/250 of the income tax act, 1961, assessment year 1988-89. the learned assessing officer after considering the entire relevant facts and circumstances granted registration to the appellant firm in the base year ..... the assessing officer for assessment year 1988-89 has achieved finality and has not been subjected to any revision under section 263 or under section 147 of the act. the counsel further pointed out that the continuation of registration for the year under consideration, namely, assessment year 1991-92 was refused only on the ground ..... conditions under section 184(7). the firm is, therefore, clearly entitled to grant of benefit of continuation of registration under section 184(7) of the income tax act, 1961. the assessing officer is directed to take the status of the assessee as registered firm for the year under consideration.8. ground nos. 2 and 3 .....
Tag this Judgment!Court : Rajasthan
Decided on : Apr-25-2000
Reported in : 2000(4)WLC647; 2007(3)WLN226
..... hon'ble supreme court that directions issued by the tribunal to find out work for the workers were erroneous.20. in jawahar lal nehru krishi vishwavidhyalaya jabalapur v. bal kishan soni and ors. : [1997]3scr688 , an scheme was sponsored by the icar and the posts stood, abolished with the abolition of the scheme. it ..... the writ petition on behalf of the employees is not maintainable. the petitioners have an efficacious alternative remedy available under section 76 of the rajasthan cooperative societies act. the writ petitions involve disputed questions of fact, which cannot be adjudicated upon by this court in its extra ordinary jurisdiction. service conditions of the ..... the purpose:government consent. provided that whenever any government is a member of or a contributor to, or otherwise interested in, any society registered under this act, such society shall not be dissolved without the consent of the government of the state of registration.12. now i proceed to examine the letter dated march .....
Tag this Judgment!Court : Rajasthan
Decided on : Apr-25-2000
Reported in : AIR2000Raj313; 2000(3)WLC292
..... and district level offices are required to be established in public interest to facilitate effective functioning of the board under the proviso added to section 5 of act no. 42 of 1957. the divisional and district level offices have already been established as per gazette notification dated 16-2-2000. the divisional centres have ..... further averred in the reply that by creation of offices at divisional and district level, the authorities of the board cannot be preempted at this stage to act mala fidely against the employees curtailing their efficiency. the efficiency of the employees would be the prime consideration of the authorities of the board. according to the ..... therefore, in such a situation, to meet the administrative contingency the problem has to be tackled by the state government and the board within the meaning of act no. 42 of 1957. the state government and board both have reliable ears and eyes to assess the administrative exigency which they intend to tackle by decentralising .....
Tag this Judgment!