Court : Rajasthan
Reported in : AIR1961Raj98
..... because of the rigour of the restrictions which the legislature thought fit to impose on the grant of temporary permits by the provisions contained in the two provisos which were attached to the main body of section 62 under the amending act of 1956.having regard, however, to the proper meaning of the phrase in question as discussed above, i am definitely of the opinion that the regional transport authority acted without jurisdiction or with material irregularity in the exercise of its jurisdiction in granting temporary permits in these cases to the rajasthan roadways or the various ..... permits without following the procedure under section 57 of the act, pending the decision of the applications for renewals of permits.now, if any application for a permanent permit is pending before the date of the expiry of the permits for which applications for renewals have been filed and if it is held that temporary permits cannot be granted on account of the pendency of that application, then this view would cause a stalemate on that route and the provision of clause ..... point out here that the conclusion at which i have arrived receives support from a decision of the kerala high court in air 1958 kerala 19 and of the patna high court in ..... ilr (1956) 6 raj 1053: (air 1957 raj 162) tried to reconcile both of them pointing out that in the first case it did not appear that the regional transport authority had decided to increase the number of regular permits, while, in the second case, it had so decided .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1958Raj176
..... what is further important to point out in this connection is that two provisos have been enacted to this section by the motor vehicles act as amended by act 100 of 1956, and the first proviso of these will require consideration in connection with the second contention which has been raised for our determination and which has been indicated in the foregoing part of this judgment. ..... this, in our opinion, indicates that an application for temporary permit may not be published as in the case of other applications, and that the other matters of procedure which are laid down in that section may be dispensed with. ..... it appears from the resolution of the regional transport authority dated 25, 26, and 27-9-1957, that the said authority had been of the opinion that the pokaran phalsoond route and the phalsoond-shergarh route should be amalgamated into one and permits may be granted for the extended route from pokaran to shergarh and to that end it invited fresh applications for the extended route. ..... tribunal, air 1958 kerala 19 (a) wherein a learned single judge held that no appeal lies under section 64 of the motor vehicles act against the grant of a temporary permit under clause (a) or under clause (f) of that section.6. .....
Tag this Judgment!Court : Rajasthan
Reported in : 2001(1)WLN135
..... may make rules, consistent with this code and the army act, 1950 (46 of 1950), the navy act, 1957 (62 of 1957), and the air force act, 1950 (45 of 1950), and any other law, relating to the armed forces of the union, for the time being in force, as to cases in which persons subject to military, naval or air force law, or such other law, shall be tried by a court to which this code applies or by a court-martial; and when any person is brought before a magistrate and charged with an ..... elsewhere in india, from the date of the service of such notice, he shall not,-(a) convict or acquit the accused under section 243 or section 245 or section 247 or section 248 of the code of criminal procedure, 1898 (5 of 1898) or hear him in his defence under section 244 of the said code; or(b) frame in writing a charge against the accused under section 254 of the said code; or(c) make an order committing the accused for trial by the high court or the court of sessions under section 213 of the said code; or(d) transfer the case for inquiry or ..... the restricted provisions namely section 475 cr.pc, section 80 of the act of 1968 coupled with rules 3 and 4 of the rules of 1969 make it clear that whenever a person subject to the act of 1968 is brought before a magistrate, it would be incumbent upon the magistrate to address a notice to the commandant of the accused and after receipt of the response of the commandant, he shall decide whether accused can be committed to the sessions court or tried by civil .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1964Raj21
..... the kerala high court arrived at the same conclusions as the majority of high courts by an independent line of reasoning.the representation of the people act, 1951 was again amended by act 58 of 1958. ..... next, we come to the question of interpretation of the provisions of section 100 and section 123 of the representation of the people act, 1951 as amended by act no. ..... insistence upon full particulars of corrupt practices is undoubtedly of paramount importance in the trial of an election petition, but if the parties go to trial despite the absence of full particulars of the corrupt practice alleged, and evidence of the contesting parties is led on the plea raised by the petition, the petition cannot thereafter be dismissed for want of particulars, because the defect is one of procedure and not one of jurisdiction of the tribunal to adjudicate upon the plea in the absence of particulars. ..... dhariwal who stood for election from the digod assembly constituency in 1957 and that he again worked for him in the selection of 1962 and therefore he declined to allow him the use of truck no. r. j. r. ..... triloki singh, 12 ele lr 461 : (s) air 1957 sc 444. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1980WLN584
..... civil jurisdiction-(i) the marriage was solemnized, or(ii) the respondent, at the time of the presentation of the petition resides, or(iii) the parties to the marriage last resided together, or(iv) the petitioner is residing at the time of the presentation of the petition, in a case where the respondent is, at that time, residing outside the territories to which this act extends, or has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of him if he were alive.it may be mentioned that the marriage laws (amendment) act ..... act, the court of the district judge within the local limits of whose ordinary jurisdiction or of whose jurisdiction under act, the husband and wife reside or last resided together.section 488(8) of the code of criminal procedure, 1898 was as follows:488(8) proceedings under this section may be taken aga'nst any person in any district where he resides or is, or where he lost resided with his wife, as the case may be, the mother of the illegitimate child.the expression 'last resided' as used in the ..... the absence of any place of permanent residence, the former shoud be regarded as the place where they last resided together.the words 'reside' or the expression 'last resided together' were interpreted by a full bench of the kerala ..... the marriage, the appellant lived with the respondent periodically and also cohabited with her occasionally, at srinagar, district ajmer from 1944 to 1950, 1951, 1953, 1955, 1957 .....
Tag this Judgment!Court : Rajasthan
Reported in : (1979)ILLJ245Raj; 1978(11)WLN457
..... amendment which came into force from november 12, 1975, section 1(6) of the act was as under,--nothing in this act shall apply to wages payable in respect of a wage period which, over such wage period, average four hundred rupees a month or more.it may be mentioned here that the words 'four hundred rupees' were substituted by section 2 of the payment of wages (amendment) act, 1957 ..... resolving the controversy before me,all that the legislature has done, while substituting section 110 as also introducing sections 110a to 110f in the act by the amending act of 1956, is to provide a cheap and speedy remedy for the enforcement of the substantive right of an injured person to claim compensation which he could claim in the form of damages in tort in a civil court, no rights are affected and it is only the remedy ..... a question of law, for the determination and protection of such rights are among the ends of the administration of justice; but in what courts and within what time i must institute proceedings are questions of procedural law for they relate merely to the modes in which the courts fulfil their functions.in madan kumar's case (supra) the plaintiff served the defendants for eight months commencing from ..... the state of kerala's case, (supra) it was observed, ...if the legislature had the intention to override the right attached to the liability under section 3(5) of the madras general sales tax act, it would have used more clear and precise words.section 6(c) of the general clauses act .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1994Raj53; 1994(3)WLC360
..... preparation, publication and transmission of notice as to schemes and supply of documents to applicants -- (1) when any scheme has been framed, the trust shall prepare a notice stating - (a) the fact that the scheme has been framed; (b) the boundaries of the area comprised in the scheme; and (c) the place at which particulars of the scheme, a map of the area comprised in the scheme, and a statement of the land which it is proposed to acquire may be seen at reasonable hours.' 21. ..... this is due to lack, of funds and partly to absence of proper supervision and chalking out of suitable improvement schemes on modern lines, it is considered necessary with a view to achieving the improvement of such neglected urban areas, to provide for theestablishment of improvement trusts to empower them to raise funds to frame improvement schemes, to execute them and to exercise some municipal powers during such executions. ..... for such acquisition, the procedure provided by the improvement act is not necessary.30. ..... reading the language employed in sub-section (2a) leads to the conclusion that the amendment was to operate retrospectively. ..... the bill which provides the statement of objects and reasons vide the rajasthan urban improvement bill 1957 (bill no. ..... kerala state electricity board, air 1968 ker 76 (79) (fb) and devendra v. ..... civil writ petition no. ..... civil writ petition no. .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2003(3)Raj1755; 2002(5)WLN269
..... the constitution 42nd amendment act 1976), undoubtedly in respect of subject covered by this entry parliament as well as state both have concurrent power to legislate: however, where labour court or industrial tribunals are to be constituted under section 7 or 7a, the industrial disputes act as the ..... the person has been appointed by the competent authority and it is found that the concerned incumbents have continued to be employed for long period of time with or without artificial break and the services are otherwise required by the institution which employed them or the cases in which initial entry of the employee is against an available vacancy or the appointment is found to have suffered from some flaw in the procedural exercise though the ..... in their favour and prohibiting access to remedial forums whether to ordinary civil courts or through the industrial tribunal/labour courts established under the industrial disputes act or other enactments, in connection with claim to regular appointment by ..... the provisions of the act of 1999 all the persons appointed on urgent temporary basis, which is permissible under the rules or in the administrative exigencies to tide over temporary needs, or for the purpose of doing odd jobs under various departments including maintenance works, the persons engaged as workcharged employees on daily rate under separate code, on a fixed remuneration or even in payscales, have all been categorised as 'daily wage employees' for the purposes of this act .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1985Raj130
..... the power of the high court to entertain a petition for exercising revisional jurisdiction was before the amendment derived from section 115 of the civil procedure code and the legislature has by amending act not attempted to explain the meaning of that provision.'32. ..... chatterjee complains that there is no indication in the amending act that the new procedure would be retrospective and he further says that this affects his right of appeal under the criminal procedure code. ..... a contention was raised that since it was only by reason of section 29 that the suit had been transferred to the controller the deletion of that section from the act by section 8 of the amendment act of 1963 had the effect of depriving the controller of his jurisdiction totry the suit and, therefore, the judgment and order passed by him though confirmed by the learned subordinate judge and the high court court was without jurisdiction and, therefore, bad. ..... if we look to the provisions of the motor vehicles (rajasthan amendment) act, 1982 including section 3, it would be clear that there is nothing in the act, so as to indicate that the amending provision contained in section 3 of the amending act will operate on the pending revision petitions. ..... 39 of 1957 and section 23(1) was substituted by the amending act. ..... hazarilal, ilr (1973) 2 delhi 88, state of kerala v. k.m. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1973Raj71; 1972()WLN839
..... to have compared bhakra allotment project rules with the rajas-than canal rules.the learned single judge has himself recognised the difference between the types of lands and the intensity of irrigation for distinguishing the allotment in bhakra project and in the rajas-than canal area but where the learned single judge finds that the definition of the term 'family' in the bhakra rule 16 regulates the allotment by the size of the family, the rajasthan canal rules have set out one standard ..... we are inclined to be of the opinion, firstly, that the rules relating to the survey of the land village-wise or chack-wise, the appointment of authorities, the procedure for allotment, the procedure for sale, the scale of prices are all valid and can stand ..... might observe that though retrospective the clause relating to all post-1955 temporary cultivation leases was added by the amendment of the rule dated 21st june, 1968 ..... he then was, observed that as the sections were pivotal sections of the act and the working of the entire act depended on section 5 which provided for ceiling and section 50 which provided for compensation the whole act must fail.9. ..... the rest of the rules survive because on the principles summarised in chamarbaugwalla's case air 1957 sc 628 this is ..... on the other hand, if they are so distinct and separate that after striking out what is invalid, what remains is in itself a complete code independent of the rest, then it will be upheld notwithstanding that the rest has ..... of kerala. .....
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