Court : Rajasthan
Reported in : AIR1998Raj100; 1998(1)WLC725; 1998(1)WLN131
gupta, j. 1. a ticklish but interesting question to be decided in this appeal is whether the recovery of debts due to banks and financialinstitutions act, 1993 (act no. 51 of 1993) is applicable to the recovery of the debts by the cooperative bank, due to its members. facts first :appellant m/s. phoneix impex had account no. 1 in ..... co-operative banks. relevant provisions :7. before we consider the arguments advanced on both the sides, it is profitable to read the various provisions of the acts. section 2(d) of the act no. 51 of 1993 reads as follows :2(d) 'bank' means.-- (i) a banking company;(ii) a corresponding new bank;(iii) state bank of india;(iv) a subsidiary ..... the amount of debt is more than 10 lacs of rupees.14. we do not find any merit in this contention that the act no. 51 of 1993 shall prevail over the provisions of the rajasthan act of 1965. the two enactments are under the powers vested in the two different legislatures. there is no overlapping of the jurisdiction. the .....
Tag this Judgment!Court : Rajasthan
Reported in : 2001(3)WLC62
..... the petitioner company, without serving a revised notice of provisional market value as stipulated by section 11(1) of the act of 1964. the consequential annual tax liability determined by the assessing authority works out to rs. 98,99,732/- for 1993-94 and 1996-97. by the same ex parte proceedings the respondent no. 2 has also carried out an adjustment ..... in terms of the amendment introduced in the act of 1964 by the finance act, 1997 whereby the appointed date has been shifted to 1.4.1997 and a ..... the property at rs. 63,89,06,400/- as on april 1, 1993. by the said notice, the petitioner company was called upon to submit objections in writing on 3rd of september, 1997. a separate notice dated august 29, 1997 under section 16a (1) of the act was also issued to the petitioner company to show cause as to why penalty .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR2000Raj83; 2000(1)WLC376; 1999(1)WLN640
..... vehicles by the petitioner under the permits granted to it as all india tourist permit under the motor vehicles (all india permits for tourist operators) rules, 1993. it is further prayed that the respondents be restrained from illegally harassing the petitioner by illegal detention and seizure of the vehicles and to protect the life ..... petitioner's vehicle is a contract carriage and it cannot be plied otherwise except as provided under the definition contained in section 2(7) of the motor vehicles act, 1988. learned counsel for the respondents have relied upon the supreme court judgment in support of their submission in case of nirmala jagdish chandra kabra v. ..... this submission of mr. maheshwari has to be rejected for the simple reason that the tourist vehicle is defined under section 2(40) of the motor vehicles act, 1988 and as per the definition the tourist vehicle or the contract carriage cannot be treated as stage carriage. contract carriage means motor vehicle carrying passengers for .....
Tag this Judgment!Court : Rajasthan
Reported in : (1997)IIILLJ445Raj
..... the views that i am taking by the aforesaid judgment of the supreme court. reliance was also placed on a decision of the andhra pradesh high court in 1993 lab. i.c., 1207, where, relying on the supreme court decisions referred to above, it was held that the shops under the central government are not covered ..... ' means an establishment in which persons employed are mainly engaged in office work and, therefore, means that an office is a commercial establishment for the purposes of the act. what is meant by office of any state government in section 3 of necessity means 'commercial establishment' of the state government. had it not been the intention of ..... or entertainment and includes every such establishment as the state government may, by notification in the official gazette, declare to be a commercial establishment for the purposes of this act;'section 2(7) defines 'establishment' to mean an establishment or a commercial shop. a shop is defined in section 2(17) to mean thus:'2(17) 'shop .....
Tag this Judgment!Court : Rajasthan
Reported in : (2005)197CTR(Raj)1; [2006]283ITR486(Raj); 2004(3)WLC425
..... may still be produced. he relies for that purpose on the decision in the case of cit v. n.c. budharaja & co. and anr. : [1993]204itr412(sc) . on same premise, learned counsel placed reliance on a bench decision of karnataka high court in the case of brooke bond lipton india ltd. v ..... units amongst other industries. these industries were listed as 'thrust sector' industries. the incentive scheme issued vide notification dt. 19th june, 1991, under the karnataka act envisaged exemption in respect of goods manufactured and sold by new industrial units. vide earlier notification dt. 25th july, 1990, which was published in karanataka gazette dt ..... there is difference between the expressions 'produce' and 'manufacture' or they are exactly synonyms. the words 'manufacture' or 'production' have not been defined in the it act, therefore, have to be accepted in their ordinary meaning as part of the statute. the expressions 'manufacture' and 'produce/production' have definite connotation in the .....
Tag this Judgment!Court : Rajasthan
Reported in : 1995CriLJ1025
..... , is, therefore, devoid of any force.6. the next contention, raised by the learned counsel for the appellants is that the provisions of section 50 of the act have not been complied with as the appellants were not informed regarding their right to get themselves searched in the presence of a gazetted officer or the nearest magistrate. ..... such the appellants deserve to be acquitted. it has, also, been contended by the learned counsel for the appellants that the mandatory provisions of section 50, of the act have not been complied with and the appellants were not informed regarding their right to be searched in the presence of a gazetted officer or a magistrate and, therefore, ..... of the provisions of the narcotic drugs and psycho-tropic substances act. the appellants were tried for the offence under section 17, of the act while smt. keli was tried for the offences under sections 17, and 25 of the act. the case of the prosecution is that on 25-11-1993, at about 1.15 p.m., pw 1 bhagwat singh .....
Tag this Judgment!Court : Rajasthan
Reported in : III(2004)ACC616; 2006ACJ1602; RLW2004(4)Raj2483; 2004(3)WLC177
..... a private service vehicle;'the section 10 of the act of 1988 as it was in force before 14th nov., 1994 provides that the driving licence shall expressly entitle the holder of the licence to drive the motor vehicle ..... it will be worthwhile to mention here that there is one more relevant category of the vehicle, which is defined in sub-section (47) of the section 2 of the act of 1988, i.e. 'transport vehicle'. the definition is quoted:-'(47) 'transport vehicle' means a public service vehicle, a goods carriage, an educational institution bus or ..... passenger vehicle only. according to learned counsel for the appellant, the accident occurred on 17th oct., 1993 before coming into force of the amendment of the certain provisions of the motor vehicles act, which came into force on 14th nov., 1994. in the year 1993, as per clause (f) and (h) of sub-section (2) of section 10, the .....
Tag this Judgment!Court : Rajasthan
Reported in : 2000(3)WLC384; 2001(2)WLN311
..... territory). shri kuhad contended that the powers vested in the chairperson of the drat under sec. 17a of the recovery of debts due to banks & financial institutions act, 1993 (for brevity 'act') are restricted to transfer the cases from one tribunal (drt) to another only a) upon applications of a party, or b) on his own motion and ..... annex.2) dated 18th april, 2000 has been issued in exercise of powers delegated to the chairperson of an appellate authority u/s. 17a (2) of the act, 1993 and by virtue thereof the chairperson of drat bombay directed the drt jaipur to transfer pending original & misc. applications including execution proceedings pertinent to area of jurisdiction of ..... wrong to treat the two as identical or to equate one with the other.(24). in ramchandra vs. govind (supra), the apex court held that no universal rule can be laid down as to whether mandatory enactments shall be considered directory only or obligatory with an implied nullification for disobedience. it is the duty of .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2006(1)Raj787; 2006(1)WLC734
..... with the same.10. we, therefore, concur with the view of the learned single judge that the competent authority under the shops and commercial establishment act 1958 had no jurisdiction to entertain the application of the petitioner challenging his termination. once it is held that the appellant had wrongly moved the competent ..... was holding the post of assistant foreman in anil steel and industries ltd. had rightly moved the competent authority under the rajasthan shops and commercial establishments act, 1958 in order to challenge the order of his termination.5. the counsel for the delinquent employee/appellant has taken much pains to address the ..... c. writ petition no.2031/1993 whereby the learned single judge has been pleased to dismiss the writ ' petition upholding the order of the competent authority under the provisions of the rajasthan shops & commercial establishments act, 1958 (shortly referred to as the 'act of 1958'). the competent authority under the act of 1958 had refused to .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1994Raj167b; 1994(1)WLC626; 1993WLN(UC)512
..... drawn to a decision of the bombay high court given in the case of jaika automobiles pvt. ltd. nagpur v. state of maharashtra, air 1993 bombay 124. there also the provisions of the maharashtra act was challenged and that was also repelled by that court. in that case also, after examining all the provisions of the maharashtra tax on entry ..... post or the commercial taxes officer of the area where he ordinarily resides or carries on any business or provides any service, and the provisions of the rajasthan sales tax act, 1954 (act no. 29 of 1954) as applicable to a registered dealer or casual trader shall, mutatis mutandis, apply to such dealer or, as the case may be, such ..... as may be notified by the state government from time to time but not exceeding the rates notified for motor vehicles under section 5 of the rajasthan sales tax act, 1954 (rajasthan act 29 of 1954) or fifteen per cent of the purchase value of a motor vehicle, whichever is less: provided that no tax shall be levied and collected .....
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