Court : Rajasthan
Reported in : 2002(4)WLN238
..... assuming that each of the petitioners has given an undertaking to hand over the possession to the state government, without deciding the issue whether they were tenants at the commencement of the act of 1955 and could be conferred rights as khatedar under section 13 or 15 of the act of 1955, obviating the necessity of taking proceedings necessary for their eviction under law.63. ..... case, the earlier petitions have not been filed for the purpose of declaration of the rights of the petitioners as khatedar on the commencement of the rajasthan tenancy act, 1955, but were filed in the wake of insertion of section 15-a in the rajasthan tenancy act, 1955 in 1958, declaring that no tenancy right shall accrue or shall be deemed ever to have accrued in any land in indira gandhi canal area, erstwhile known as ..... the factual aspect of the case, two alternative contentions were raised by the state, firstly that most of the petitioners were never khatedar tenants, but they have unauthorisedly occupied the land after having come to know that the rajasthan canal project has been finalised by the government of india, and for that, the revenue records of thikana has surreptitiously been manipulated and ..... these petitioners who claim to be 'khatedars' are the trespassers that after the rajasthan canal project was finalised by the government of india and when it became known to the people that the lands in the villages of chhattargarh jagir are likely to get water for irrigation from the rajasthan canal .....
Tag this Judgment!Court : Rajasthan
Reported in : [2001(90)FLR257]; (2001)IILLJ559Raj; 2001(2)WLC220; 2001(2)WLN468
..... it has been noticed by the supreme court that ihe definition of workman as it stood under section 2(s) of the industrial disputes act only an employee discharging the duties of skilled and technical nature and unskilled employees and duties of unskilled nature ..... nor a technical employment and, therefore, on the anvil of the definition of workman given in section 2(s) read with provisions of the spe act as it stood then held ihe same not falling within the definilion of the workman. ..... about as a matter of law on account of amendments made in sales promotion employees (condilion of service) act, 1976 from time to time and the amendment made in the industrial disputes act, 1947 by amending act of 1982 under which the amendment in sections 2(s) and 2(rr) which has come into force w.e.f. ..... received a letter dated 7.6.1999 on 10.6.1999 from the petitioner appellant in which it was alleged (hat the respondent is not its workman within ihe meaning of industrial disputes act inasmuch as a medical representative is not a workman within the definition of 'workman' and in that light he has also placed reliance on a decision of h.r. ..... !o 6.5.19s7 wherein the medical represenlative was drawing the salary more than ihe ceiling stated in the induslrial disputes acl, 1947 at the relevant time.(9). ..... rhone-poulenc (india) ltd. ..... the first instance that it has been held in the aforesaid supreme court decision as well as the later decision of the supreme court reported in rhone-poulenc (india) ltd. vs. ..... india .....
Tag this Judgment!Court : Rajasthan
Reported in : 1991(1)WLN583
..... have become regulations in 1971, have statutory force, and are mandatory.....in my opinion, the academic and technical qualifications and experience as laid down by the regulations by the medical council of india under section 33 (of the indian medical council act, 1956) will hold the field and not the academic and technical qualifications and experiences as provided by ordinance-65-vii by the university from time to time.it may be noted that another learned ..... the incorrectness of treating the post of reader, dental (orthodontia) as a post of reader in dentistry simpliciter has already been discussed above, and it has been held that when the state government had created the post of reader, dental, in the speciality of orthodontia, it was not open to the appointing authority to treat this post in the general category of reader in dentistry simpliciter and to require ..... it is also true that cases have come before this court in which in spite of the directions contained in the circulars of the state government referred to above, the authorities have failed to implement the orders of the tribunal and the government servant has to initiate contempt proceedings or to invoke the jurisdiction of this court under articles ..... for the purpose of promotion to the post of reader, academic qualifications and teaching experience could only be prescribed under article 309 of the constitution of india and the state legislature or the governor, as the case may be, was perfectly competent to do so.27. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR2001Raj87
..... -- clause (51) of section 32 of the rajasthan general clauses act, 1955 defines the term 'ordinance' as under :-- '(51) 'ordinance' shall mean and include,-- (a) as respects any period before the commencement of the constitution- (i) an ordinance lawfully made and promulgated by the ruler or the government of a covenanting state; (ii) an ordinance lawfully made and promulgated by the rajpramukh of the former rajasthan state in pursuance of the covenant; (iii) an ordinance likewise made and promulgated by the rajpramukh of the former matsya state; and (iv) an ordinance likewise made ..... 37 of 1956) (in short 'reorganisation act' or 'sra') was promulgated by the president of india and in pursuance of section 10 of the states reorganisation act, 1956 (act no. ..... the above questions of law with respect to the special appeal under section 18 of the rajasthan high court ordinance, 1949 and that of letters patent appeal, have arisen in the context that though all the high courts in india after the commencement of indian constitution on 26th november, 1949, owes their existence under articles 214 and 225, of the constitution of india, still their power of letters patent appeal or special appeal flow from paramount. ..... whether provision relating to life of an ordinance enshrined under government of india act 1935 and thereafter under the constitution are applicable to the rajasthan high court ordinance 1949. .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2007(2)Raj1551
..... bench of this court in tara devi's case because of the reason that in the present case, the appellant fully proved the fact of taking cognizance by the competent court for the offence under section 3/7 of the act of 1955 against the appellant wherein the punishment provided is more than 5 years and the law laid down by the hon'ble apex court in khagendra lall's case (supra) is also well settled law and ..... view of the order-sheet dated 5.8.2004 (ex.3) and copy of charge (ex.2), it is fully proved that the appellant was accused in criminal case no.171/2004 registered under the act of 1955, cognizance was taken by the court against the appellant under section 3/7 on 5.8.2004 and the charge fully discloses that the punishment provided for offence for which the cognizance was taken and charge was framed by the criminal court, was ..... apex court clearly observed that what is of the essence of the provision contained in section 117 is that the petitioner should furnish security for the cost of the petition, and should enclose along with the petition a government treasury receipt showing that a deposit of rs.1000/-(as required in that case) has been made by him either in a government treasury or in the reserve bank of india, is at the disposal of the election commission to be utilised by it in the manner ..... the state of ..... as stated above, the election petitioner not only led evidence in the form of documentary evidence but the evidence is admitted evidence by the non-applicant/appellant, ..... state .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR2001Raj286; [2001]250ITR789(Raj); 2001(4)WLN217
..... referred to lands and buildings tax) from the owner of such lands and buildings at such rate not exceeding two per cent, of the market value thereof as the state government may, by notification in the official gazette, declare in this behalf :provided that the state government may fix graduated rate of tax on different slabs of market values of lands and buildings.provided further that until a notification declaring rate of tax is issued ..... therefore, the privileges of or right to exemption accrued to the central government not to pay land revenue to the state government under section 58 of the code would also be available to the appellant-company, as a successor in interest to the central ..... (5) whether, clause (c) of section 3(1b) of the act subjects the assessee to pay tax on rebuilt or enlarged building on which one time tax has been paid and(6) whether, sections 13 and 15 of the act are violative of article 265 of the constitution of india which clearly lays down that no tax shall be levied or collected except by an authority of ..... bhanthia has urged that as no reply was sent to the letter of the state government dated september 25, 1958, therefore, there was no contract under article 299 of the constitution of india between the central government and the state government regarding the non-payment of land revenue, we are unable to accept the contention of learned counsel inasmuch as by the conduct of the parties it is very clear that both the governments agreed with the terms .....
Tag this Judgment!Court : Rajasthan
Reported in : 2007(2)WLN440
..... short 'reorganisation act' or 'sra') was promulgated by the president of india and in pursuance of section 10 of the state reorganisation act, 1956 (act no. ..... any period before the commencement of the constitution(i) an ordinance lawfully made and promulgated by the ruler or the government of a covenating state;(ii) an ordinance lawfully made and promulgated by the rajpramukh of the former rajasthan state in pursuance of the covenant;(iii) an ordinance likewise made and promulgated by the rajpramukh of the former matsya state; and(iv) an ordinance likewise made and promulgated by the rajpramukh of rajasthan; and(b) as respects the period after such commencement, an ..... view of the notification dated 8.5.1950 issued by the order of his highness the raj pramukh in exercise of power under sub-section (1) of section 10 of the high court ordinance, 1949, all benches of the high court except at jaipur ceased to operate with effect from ..... above questions of law with respect to the special appeal under section 18 of the rajasthan high court ordinance, 1949 arid that of letters patent appeal, have arisen in the context that though all the high courts in india after the commencement of indian constitution on 26th november, 1949, owes their existence under articles 214 and 225, of the constitution of india, still their power of letters patent appeal or special appeal ..... --clause (51) of section 32 of the rajasthan general clauses act, 1955 defines the term 'ordinance as under:(51) 'ordinance' .....
Tag this Judgment!Court : Rajasthan
Reported in : 2002(2)WLN451
..... for the petitioners is having force and is accepted and it is also true that under section 10(1) of the act of 1989, the administrator can be appointed for the managing committee constituted under section 9 and not for the parent society registered under the act of 1958 and there appears to be no provision for appointing administrator over the society by the state government under the act of 1989 and the plaintiffs has right to file the suit despite the fact ..... the more imminent such process, the greater ought to be the reluctance of the high court to do anything, or direct anything to be done, which will postpone that process indefinitely by creating a situation which the government of a state cannot be carried on in accordance with the provisions of the constitution india is an oasis of democracy, a fact of contemporary history which demands of the courts the use of wise statesmanship in the exercise of their extraordinary powers under the constitution. ..... 1985 sc 1233.according to the learned counsel for the non-petitioner, the hon'ble apex court very categorically held that the high court in exercise of its power under article 226 of the constitution of india should not pass any order, may it be interim or otherwise which has the tendency or effect of postponing the election.7. .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2010(1)Raj116
..... housed at the relevant time and though no sale-deed was executed and registered between the parties, the possession of defendant on the suit property was protected by virtue of section 53-a of the transfer of property act and, therefore, the decree passed by the first appellate court in favour of plaintiff setting aside the judgment and decree of the learned trial court dismissing the suit cannot be ..... , the learned first appellate court has held that since 'mardana mahal' was given free of cost to the state government, the provisions of section 53-a of the transfer of property act would not apply and as there was no written contract between the parties in respect to these two properties the ..... at the admission stage itself, therefore, at the joint request of the parties, the same is finally decided and following substantial question of law is framed for consideration by this court under section 100 cpc.whether the first appellate court was justified in decreeing the suit for declaration and possession, reversing the findings of learned trial court and holding the plaintiffs owner of 'khush mahal' ..... and tehsildar, girwa for interfering with the land lying within the boundary of city palace which have been declared to be private property of petitioner by the government of india and dispute arose as to whether the state could give tenancy right for doing agriculture on the land lying under the waters of pichhola lake upto the boundary line shown in the plan prepared by the ..... 5.5.1955 ..... 1955 .....
Tag this Judgment!Court : Rajasthan
Reported in : 2002(3)WLN122
..... the central act as it stands after insertion of section 56 by amendment act of 1987 the notice issued under section 4(1) of sate act is saved-held, there is no provision under sub-section (4) of section 56 of central act which would save a notice under section 4(1) of state act-but it will have to be seen whether notice under section 4(1) of state act was in accordance with provisions of section 4(1) of central act--if an action under state act in terms of provisions of central act is taken, mere mention of sub-section (1) of section 4 of state act would not have any relevance--notice issued under section 4(1) of state act found not to be in compliance of provisions of section 4(1) do central act--held, subsequent ..... petitioner also submitted an application on 8.1.1998 under article 226 of the constitution of india for taking subsequent events and documents on record and prayed that the documents ex. ..... and 14 may kindly be taken on record and consider with respect to the claim of the petitioner and subsequent application was filed under article 226 of the constitution of india dated 21.5.1998 by which annexures 15 and 16 were sought to be taken on record. ..... the subject matter of acquisition of land is in iii list of schedule-vii of the constitution of india and the central legislation superseded the repugnant provisions of the state legislation on the same subject matter by virtue of article 252 of the constitution of india.14. mr. g.l. ..... diocese of the church of south india v. .....
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