Court : Rajasthan
Reported in : AIR2003Raj266; RLW2004(2)Raj749; 2003(3)WLC704
..... act; (ix) a market committee established under the rajasthan agricultural (produce market act, 1961 (rajasthan act 38 of 1961);(x) a body corporate established or constituted by a central act or a rajasthan act and owned or controlled by the state government. 27. the term 'unauthorised occupation' has been ..... established under the rajasthan urban improvement act, 1959 (rajasthan act 35 of 1959); or(iii) the rajasthan state industrial and mineral development corporation limited or the rajasthan state industrial development and investment corporation limited and constructed in an industrial area developed by any of them; or(iv) a panchayat established under ..... further more, the fact that the legislature considered that the ordinary procedure is insufficient or ineffective in evicting unauthorised occupants of govt. and corporation property and provided a special speedy procedure therefore is a clear guidance for the authorities charged with the duty of evicting unauthorised occupants. we .....
Tag this Judgment!Court : Rajasthan
Reported in : (1993)IILLJ961Raj
..... nature of sub-delegated legislation. the rules of 1977 have been framed for the purpose of recruitment, appointment and service conditions of the managers of the agriculture credit co-operative societies. rule 2 contains the definitions, rule 3 specifies the pay scales. rule-5 provides that the salary will be paid by the ..... act, 1947, which applies to all workmen. the argument was repelled by the high court. the supreme court examined the scheme of the life insurance corporation act and the industrial disputes act and observed that, so far as the nationalisation of insurance business is concerned, the l.i.c. act is a ..... ii) members of co-operative societies and their rights and liabilities (chapter-iii), management of co-operative societies (chapter-iv), privileges of co-operative societies (chapter-v), state aid (chapter-vi) properties & funds of co-operative societies (chapter-vii), audit inquiry, inspection and surcharge (chapter-viii), settlement of disputes (chapter- ix), winding .....
Tag this Judgment!Court : Rajasthan
Reported in : 1971(4)WLN543
..... enacted by then prescribing a period of 30 years. the encroachment 'was made 50 years before the suit by the plaintiffs who claimed adversely to the municipal corporation and sought a declaration of their rights so acquired. that article prescribed a period of 30 years for a suit by the municipality to recover possession over ..... the present suits were consequently within time. a number of decisions were cited by the learned counsel for the parties. before considering these decisions, we may state that the contention on behalf of the defendants was that as a result of the putting of the tehbazari stalls on parts of the public way, the plaintiffs ..... the defendants had no right to offer obstruction. they further prayed for an injunction restraining the defendants from obstructing them while they were acting in the manner stated above. the trial courtgave the plaintiffs a partial decree; on appeal the suit was dismissed by the allahabad high court. the plaintiffs then appealed to the judicial .....
Tag this Judgment!Court : Rajasthan
Reported in : [1987]163ITR278(Raj)
..... the said decision but we find that in that case no argument was raised that the dividend paid by the madhya pradesh financial corporation which was a corporation established under the state financial corporations act, was a dividend on preference shares and could be taken into consideration for grant of rebate under the provisions of the finance ..... consideration in this case, namely, whether the dividend paid on the shares of the bihar state financial corporation established under the financial corporations act, was entitled to rebate under the finance act, 1964, and the finance act, 1965, on the ground that the said shares were ..... cannot, therefore, be regarded as preference shares. in taking the aforesaid view, we find ourselves fortified by the decision of the patna high court in bihar state financial corporation v. cit : [1976]102itr517(patna) . in the said case, the patna high court was required to deal with the same issue which arises for .....
Tag this Judgment!Court : Rajasthan
Reported in : [2000]244ITR789(Raj)
..... 1989, with retrospective effect from april 1, 1970, should therefore be declared ultra vires, unconstitutional and without legislative competence. the power to tax agricultural income lies within the state government as per entry 46 of list ii of schedule seven and entry 82 of list i did not envisage any power to levy income-tax ..... , utensil or other article or worked or sewn into any wearing apparel; (iii) agricultural land in india, not being' land situate- (a) in any area which is comprised within the jurisdiction of a municipality (whether known as a municipality, municipal corporation, notified area committee, town area committee, town committee, or by any other name) ..... a local rate, it is not situated- (a) in any area which is comprised within the jurisdiction of a municipality (whether known as a municipality, municipal corporation, notified area committee, town area committee, town committee or by any other name) or a cantonment board and which has a population of not less than ten .....
Tag this Judgment!Court : Rajasthan
Reported in : [1994]81CompCas50(Raj)
..... of maharashtra tubes ltd. [1993] 78 comp cas 803, the question that arose for consideration related to continuance of proceedings under the state financial corporations act, 1951. after making a reference to the state financial corporations act, 1951, as well as the act of 1985 their lordships observed (at page 813) :'on the other hand the 1985 act ..... ltd., air 1992 bom 207 ; [1993] 78 comp cas 546. the same matter has also been considered by the supreme court in maharashtra tubes ltd. v. state industrial and investment corporation of maharashtra ltd. [1993] 78 comp cas 803 ; [1993] 2 scc 144.18. in testeels ltd.'s case [1989] 66 comp cas 555, a division ..... ranchhodlal charitable trust, air 1988 guj 213 ; [1989] 66 comp cas 555, and also on the decision of the supreme court in maharashtra tubes ltd. v. state industrial and investment corporation of maharashtra ltd. [1993] 78 comp cas 803 ; [1993] 2 scc 144. mrs. shukla, learned counsel for the petitioners, has on the other hand submitted .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1974Raj163; 1973()WLN164
..... down how a lease may be determined. it provides that in the absence of any contract or local law or usage to the contrary, a lease of immovable property for agricultural or manufacturing purposes shall be deemed to be a lease from year to year, terminable, on the part of either lessor or lessee,' by six months' notice expiring with ..... thus deserves no reply and is worth being ignored.' then the learned advocate proceeded to reply to the notice. in para. 5 of the notice shri basant kishore bhargava stated thus:--'whatever may be the actual position, if you are interested in the matter, i have to request you to kindly convey messrs. nathulal and ram kishan that my ..... w. 4 ranjit pal on which the lower court has relied. he has proved the entries exhibits 6 and 7 in the house-tax asssessment records. he had clearly stated that it was mentioned therein that the defendant was the owner of the shop and the entry was made after inquiring from the defendant. the inquiry was made from mathuralal .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1997Raj108; 1997(1)WLC140; 1997(2)WLN471
..... madan, j. 1. the above noted revision petition was initially preferred as an appeal vide c.m.a. no. 35/96 under section 32(9) of the state financial corporation act, 1951 (hereinafter referred as the 'act of 1951') against the order dated 19-12-1995, passed by the learned district judge, jaipur city, jaipur in ..... the company in accordance with the r.b.i. guidelines, i am further of the opinion that since the company has already paid substantial amount to the corporation, the corporation should give the adjustment of the amount already paid and the balance amount may be realised on instalments basis as may be agreed to between the parties. ..... the parties and the same had thus been rendered inexecutable by the executing court.18. shri s.m. mehta, learned senior counsel, while appearing for the respondent-corporation controverted the contentions; advanced by the learned counsel for the, petitioner as factually incorrect and vehemently contended at the bar that the impugned order dated 19-12-1995 .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1976Raj71; 1975()WLN442
..... m. p. high court in air 1968 mp 47 and that of the sc in 1974 ace cj 296 = (air 1974 sc 890). in the case of madhya pradesh state road transport corporation v. sudbakar, air 1968 madh pra 47 the learned judge while discussing the application of the maxim 'res ipsa loquitur' observed :--'the maxim is not a rule of law ..... rajasthan, 1974 ace cj 296 = (air 1974 sc 890) and also relied upon the observations of the learned judge of the madhya pradesh high court in madhya pradesh state road transport corporation, bairagarh, bhopal v. sudhakar, air 1968 madh pra 47. 11. it was also argued that the statements of p. w. 2 rewat ram and p. w. 3 girdhari establish beyond ..... counsel for the appellants that niranjan singh was actually driving the truck when the accident had taken place. both p. w. 2 rewat ram and p. w. 3 girdhari have stated on oath that the driver of the truck was d. w. 3 niranjan singh. in a criminal case filed against niranjan singh in connection with this accident he had admitted .....
Tag this Judgment!Court : Rajasthan
Reported in : (1980)14CTR(Raj)161; [1980]126ITR580(Raj)
..... small number of shares compared to 72,000 equity shares of the company. 4. the statements sent by you contain the names of several shareholders, both corporate as well as non-corporate of didwana and pali, whoappear to have been transferring the shares of this company at values far below the fair market value of the share. it ..... income chargeable to tax has escaped assessment.30. in ito v. lakhmani mewal das : [1976]103itr437(sc) the supreme court observed as follows (p. 448) :' as stated earlier, the reasons for the formation of the belief must have a rational connection with or relevant bearing on the formation of the belief. rational connection postulates that there must ..... , there was no material before him to suspect that the fair market value of the shares was higher than the sale price given out by the assessee. he has further stated that on march 26, 1974, he received a letter through shri c. s. jain, iac, jodhpur range, jodhpur, from shri s. m. bagai, deputy director, directorate of .....
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