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Judgment Search Results Home > Cases Phrase: state bank of india act 1955 section 41 audit Court: rajasthan Page 1 of about 716 results (0.130 seconds)

May 07 2015 (HC)

Rajmal Jain Vs. Union of India and Ors

Court : Rajasthan Jodhpur

..... dated 30th november, 1974 issued by the central government in exercise of the powers conferred by section 5 of the essential commodities act , 1955 to make orders to provide for the matters specified in clauses (d), (e), (f), (g), (h), (i), (ii) and (j) of sub-section (2) thereof, in relation to all essential commodities other than foodstuffs and fertilizers (whether inorganic, organic or mixed), exercisable by the state government or in relation to the union territory, by the administrator thereof, subject to certain conditions. ..... government has made the essential commodities act, 1955 in exercise of the powers under entry 53 of list-i of seventh schedule of the constitution of india. ..... the barrel point 9 licenses were issued under the state control order, 1990 and subsequently, the government of india issued the motor spirit and high speed diesel (regulation of supply, distribution and prevention of malpractices) order, 2005 and the right to sell the petroleum products was only limited to the oil companies, and their authorized retail outlets only, the state government, issued guidelines to the district supply officers vide ..... in order to appreciate the submissions, we may reproduce the contents of the order of the ministry of petroleum & natural gas, government of india, new delhi dated 24th january, 2001 as follows: this ministry has been receiving reports of the existence of certain petrol pumps (motor spirit and high speed diesel retail outlets) operating in different parts .....

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Dec 15 1971 (HC)

Himmat Singh Vs. State of Rajasthan and ors.

Court : Rajasthan

Reported in : AIR1972Raj218

..... the following question has been referred by a learned single judge of this court:--'whehter section 15-a of the rajasthan tenancy act 1955, can be declared as unconstitutional or void as being violative of article 31a(1) or 19(1)(f) and 31b of the constitution despite the amendment of schedule 9 of the constitution of india by the constitution (seventeenth amendment) act. ..... the following second proviso was added to clause (1) of article 31a:--'provided further that where any law makes any provision for the acquisition by the state of any estate and where any land comprised therein is held by a person under his personal cultivation, it shall not be lawful for the state to acquire any portion of such land as is within the ceiling limit applicable to him under any law for the time being in force or any ..... state of rajasthan ilr (1966) 16 raj 1105 that the validity of section 15-a of the rajasthan tenancy act could not be challenged on the ground that it contravened any fundamental right, despite the earlier iudgment of this court, as it had been included in the ninth schedule.6. ..... we accordingly answer the question in the negative in favour of the state of rajasthan. ..... in this connection we may refer to the decision of their lordships of the supreme court in state of maharashtra v. ..... state of rajasthan. .....

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May 07 2015 (HC)

Rajmal Jain Vs. Union of India and Others

Court : Rajasthan Jodhpur

..... dated 30th november, 1974 issued by the central government in exercise of the powers conferred by section 5 of the essential commodities act , 1955 to make orders to provide for the matters specified in clauses (d), (e), (f), (g), (h), (i), (ii) and (j) of sub-section (2) thereof, in relation to all essential commodities other than foodstuffs and fertilizers (whether inorganic, organic or mixed), exercisable by the state government or in relation to the union territory, by the administrator thereof, subject to certain conditions ..... government has made the essential commodities act, 1955 in exercise of the powers under entry 53 of list-i of seventh schedule of the constitution of india. ..... in order to appreciate the submissions, we may reproduce the contents of the order of the ministry of petroleum and natural gas, government of india, new delhi dated 24th january, 2001 as follows: "this ministry has been receiving reports of the existence of certain petrol pumps (motor spirit and high speed diesel retail outlets) operating in different parts ..... since the barrel point licenses were issued under the state control order, 1990 and subsequently, the government of india issued the motor spirit and high speed diesel (regulation of supply, distribution and prevention of malpractices) order, 2005 and the right to sell the petroleum products was only limited to the oil companies, and their authorised retail outlets only, the state government, issued guidelines to the district supply officers .....

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Nov 07 1997 (HC)

Mangi Lal and ors. Vs. State of Rajasthan and ors.

Court : Rajasthan

Reported in : 1998(1)WLC625; 1997(2)WLN609

..... it is urged by shri gupta that the land in dispute belongs to 'math' and not to the 'temple' and therefore, the provisions of section 46 of the rajasthan tenancy act, 1955 (hereinafter called the act') are not applicable at all and he further submitted that none of the courts/ authority below considered this aspect though this issue could have tilted the balance in favour of the ..... has been recognised by the court from time and again by drawing the logical inference under section 46 of the act, 1955 that such a benefit is attracted to the deity. ..... deity is a khatedar of the land and the pujari can never acquire' the khatedari rights because the provisions of section 46 of the act, 1955 put an embargo on it. ..... section 46 of the act, 1955 provides for exemption of obtaining khatedari rights in exceptional ..... re: rolling mills : [1994]1scr857 , the supreme court has observed as under:a court of equity when exercising its equitable jurisdiction under article 226 of the constitution of india, must so act as to prevent perpetration of a legal fraud and the courts are obliged to do justice by promotion of good faith, as far as it lies within their power. ..... minor as well as a physically disabled or infirm person and the manager or the state is under an obligation to protect the interest of such a minor or disabled person. ..... property grabbers, tax evaders, bank loan dodgers and other unscrupulous persons from all walks of life find the court process a convenient lever to retain the illegal gains .....

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Jul 26 2002 (HC)

Sorawar Singh (Through L.Rs.) Vs. Kan Mal (Through L.Rs.)

Court : Rajasthan

Reported in : AIR2003Raj107; 2003(2)WLC93

..... issue of validity of adoption was abandoned explicitly by the respondents-defendants in this case before the trial court it was not open for the appellate authorities to hold the adoption to be invalid by assuming that certain state of affairs to exist from some material on record and hold that contra requirement has not been proved. ..... estate of any female ripened to full ownership on commencement of hindu succession act, 1955 as per s. ..... the revenue appellate authority held the adoption of plaintiff to be invalid on the ground that on the date of adoption the plaintiff was above 15 years of age and had no eligibility to be given in or taken in adoption under section 10 of the hindu adoptions and maintenance act, 1956, finding on issue no. ..... facts and circumstances parties are deemed to have not joined issue about the validity of adoption to be contrary to section 10 so as to assume certain facts to invalidate the adoption. ..... that on the date of adoption the petitioner was above 15 years of age and, therefore, the adoption is invalid in view of the provisions of section 10 of hindu adoptions and maintenance act, 1956.28. ..... section 12 of' the hindu adoption and maintenance act which deals with consequence of adoption brought a radical change in ..... to decide in respect of the said lands, they denied that section 46 in any sense applied to them. ..... consequence of adoption envisaged in section 12(c) is that the adopted child shall not divest any person of any estate which vested in him or her .....

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Nov 14 2002 (HC)

State of Rajsthan and ors. Vs. Prem Shankar and ors.

Court : Rajasthan

Reported in : 2003(2)WLC519; 2003(1)WLN149

..... the provisions of section 63 of the rajasthan tenancy act, 1955.6. ..... continuous possession over the subject land of the writ petitioners prior to year 1946 and they being sub-tenant on the date of commencement of the rajasthan tenancy act, 1955, have automatically acquired khatedari rights.8. ..... jain, learned counsel appearing for the state that if the tenant migrates from india to foreign country without obtaining a valid passport or without lawful authority, the interest of such person in holding or part thereof ..... to know about the pendency of the proceedings of recording of khatedari rights in their favour before the state government after the death of their father kalyanmal. ..... jain, learned counsel appearing for the state contends that learned single judge has committed error in granting relief which infact amounts to accepting the ..... it is submitted that according to the state 126 bighas and 17 biswas of land was entered in the name of evacuee property under the ..... the co-sharers of the subject land left india in the year 1949-50 and out of all the co-sharers only shri abdul rehman remained in india. ..... the state and its officers are restrained from dispossessing the respondents-writ petitioners from ..... appeal filed by the state is dismissed. ..... the petition on the ground that no relief in the form of grant of khatedari rights can be granted in exercise of powers under article 226 of the constitution of india. ..... to this court by way of petition under article 226 of the constitution of india.4. .....

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Sep 03 1980 (HC)

Mutha Parasmal JaIn and ors. Vs. Union of India (Uoi) and ors.

Court : Rajasthan

Reported in : AIR1981Raj139

..... the generality of the words used in clause (c) so as to make them applicable only to the last stage, namely, the retail price.in law, there is no warrant for holding that under section 3(1 and section 3(2)(c)essential commodities act, 1955~^ of the act, the government must not only fix ex-factory prices but also wholesale and retail prices. ..... to observe that what has been said in the judgments of mysore and karnataka high courts tends to curtail generality of the powers of section 3(2)(c) of the act of 1955; for which the supreme court was very zealous to provide protection and safeguard ..... calcutta high court, which is relied upon by the petitioners, it will have to be noticed that in substance, principle laid down is that no control price can be fixed for single transaction under section 3(2)(c) of the essential commodities act, 1955 as has been done in the present case by clause (4) of the impugned order ..... issue a direction to a dealer to supply levy at a price higher than even the market price and obviously the same could not have been done in view of the express language of section 3 (c) and also the scheme of the act, the principal purpose being to control the price which at a particular point of time shows an increasing trend.37. thus the levy orders, sub-clause (b) of sub-clause (1) of clause ..... india; air 1964 sc 1179, ..... . instead, he will furnish bank guarantee within a month from to-day for compensating the government on account of the difference between levy price and .....

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May 01 1974 (HC)

Sitaram and Sons and ors. Vs. State of Rajasthan and ors.

Court : Rajasthan

Reported in : AIR1975Raj78; 1974(7)WLN774

..... --in exercise of the powers conferred by section 5 of the essential commodities act, 10 of 1955, the central government hereby directs--(a) that the powers conferred on it bv sub-section (1) of section 3 of the said act to make orders to pro-vide for the matters specified in clause (c) of sub-section (2) thereof shall, in relation to all commodities other than food stuffs and fertilisers (whether inorganic, organic or mixed), be exercisable also bv a state government or, in relation to a union territory, bv the administrator thereof, subject to the following conditions, name-ly. ..... (b) that all previous orders issued under section 5 of the essential commodities act in so far as thev relate to delegation of powers under the provisions of sections 3(1) and (2) (c) referred to in clause fa) above, except orders under the said section 5 relating to fertilisers and the order (relating to food stuffs) of the government of india in the ministry of food. ..... 18, 20 and 27 of the said order provided that all acquisitions, disposals and sales are made within india.scheduleall categories (including defectives and scrap of these categories) of iron and steel contained in the schedule to the iron and steel (control) order, 1956 as amended from time to time.n. sc(i)-5(2)/67 n. p. .....

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Mar 18 1957 (HC)

Rao Sangramsingh and anr. Vs. State of Rajasthan and anr.

Court : Rajasthan

Reported in : AIR1957Raj310

..... 65 of 1955 d/- 15-3-1956 (raj) (a), and it was there pointed out that section 4 separated the interest of the sub-jagirdars and converted the sub-jagirdars into jagirdars, and brought them into direct relationship with the state, learned government advocate is relying on that decision; but it is enough to point out that that decision was not concerned with the proviso to section 4 because that was not a case of a jagir which was exempted under section 20 of the act. ..... the application has been opposed on behalf of the state, and it is contended by them that the applications themselves are jagirdars wihin the meaning of section 2(g) of the act, and that their interest in the land is distinct from the jagir of the dargah, and therefore it is open to the state to resume the jagirs of the applicants even though the jagirs granted to religious institutions for the maintenance of a place of religious worship, or for the performance of any religious service ..... it is also urged that it is possible to separate the interest of the sub-grantees from the interest of the religious institution, and the state can resume the interest of the sub-grantees leaving the interest of the religious institution untouched as required by section 20 of the act. ..... they have thus been holding these two villages for the dargah for a very long time now.their grievance is that in 1955 proceedings were taken by the state to resume these two villages under the rajasthan land reforms and resumption of jagirs act (no. .....

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Jul 28 1959 (HC)

Qurabali and ors. Vs. Government of Rajasthan and ors.

Court : Rajasthan

Reported in : AIR1960Raj152

..... by his notification dated 24-7-1958, which was published inthe rajasthan state gazette dated 7-8-1958, announced under section 10 of the act that the pali municipality would be divided into 16 wards, and it was also mentioned that full description thereof had been already given under the notification published in the rajasthan state gazette dated 17-7-1958, referred to above. ..... f-l(b)(6) lsg/52 ii dated 20-10-1955 thegovernment of rajasthan acting in exercise of the powers conferred on it by section 207 of the act orderedthat all the powers of the government under section 10 would also be exercised by the collectors ..... but that notification published in the rajasthan state gazette, dated the 12th february, 1955, the government had announced that for the general election of the pali municipality, the entire area had been divided into 15 wards and each ward would elect one ..... on the side of the respondents, however, that the earlier notification of the government fixing the total membership of the board dated the 12th january 1955, still stood in so far as it had not been altered by the subsequent notification. ..... there was no preference in this notification of the previous notification issued on 12-1-1955, fixing the number of nominated members at 2 out of the total number ..... impossible to accept that in order to get a complete picture of the composition of the board, one would or could be expected to make a search for the earlier notification issued in 1955 and then read the two together. .....

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