Court : Rajasthan
Reported in : (2008)16VST387(Raj)
..... the bombay municipal boroughs act, 1925, before its amendment from may 5, 1954, under section 73(1)(iv), it was provided that subject to any general or special orders, which the state government may, in this behalf and to the provisions of sections 75 and 76, a municipality may impose for the purposes of this act any of the following taxes, namely:(iv) an octroi on animals or goods or both, brought within the ..... the other hand, respondents have contended that:(i) the tax in question is not suffered by the trade because the same is transmitted to the end-consumer and it being an indirect tax, it does not impede the activity of goods and is not hit by article 301 of the constitution and consequently it is inapt to refer to the procedure provided under article 304 of the constitution for the purpose of saving it from the restriction imposed under article 301 of the ..... the supreme court on january 23, 2007, which is as under:so far as the high courts of allahabad, patna, guwahati and kerala are concerned, the impugned provisions have been held to be ultra vires by the allahabad, guwahati and kerala high courts and there has been partial striking down by the ..... in armstrong's case [1957] 99 clr 28, the high court of australia was concerned with the provisions imposing a charge at the rate prescribed in the schedule on owners of certain vehicles having more than a specified load capacity to pay towards ..... the company also directly used to sell its products to the government, both civil .....
Tag this Judgment!Court : Rajasthan
Reported in : (2009)IVLLJ225Raj; RLW2009(3)Raj2029; 2009(3)WLN571
..... in this act,-(a) the provisions of this act shall have effect notwithstanding anything to the contrary contained in the memorandum or articles or a banking company, or in any agreement executed by it, or in any resolution passed by the banking company in general meeting or by its board of directors, whether the same be registered, executed or passed, as the case may be, before or after the commencement of the banking companies (amendment) act, 1959 (33 of 1959); and(b) any provision contained in the memorandum, articles, agreement or resolution aforesaid shall, to the extent to which it is repugnant to the provisions of this act, become or be void, as the case may ..... regulations, 1993, as per the memorandum of settlement, have been enacted under the provisions of section 2(p) and section 18(1) of the industrial disputes act, 1947 read with rule 58 of the industrial disputes (central) rules, 1957 having a statutory force, does not perceive any public element in not granting enhanced pension to the petitioner by the respondent bank and the remedy available to the petitioner is to seek redressal of his grievance in civil law or under the labour law enactments especially in view of the disputed questions involved as regards the status of employees .....
Tag this Judgment!Court : Rajasthan
Reported in : 1985(2)WLN54
..... instances of this type are legion as is evidenced in recent report (54th report) on amendments to the civil procedure code has suggested the declaration of section 80 finding that wholesome provision hardly ever utilized by government, and has gone further to provide a special procedure for government litigation to highlight the need for an activist policy of just settlement of claims where the state is a party. ..... justice krishna iyer in the above case, the legal aid to poor on the one hand preached but not professed by entering such litigation is really a sad commentry on the pre-amble of the constitution and directive principles of the state policy which directs a state to ensure social justice to the poor disabled and the lowest in the ladder.20. ..... this case amply illustrates that the above concern of the apex court has not even been noticed by the state functionaries so far in 1985, when a poor teacher is dragged to litigation in the high court inspite of his getting a decree in the lower court fixing him in grade of rs. ..... the above contained observations of the earlier judgment of kerala high court of the same hon'ble judge mr. ..... i am not indulging in any judicial homily but only echoing the dynamic national policy on state litigation evolved at a conference of law ministers of india way back in 1957. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1981WLN701
..... . it reveals a very sad state of affairs that, even though the act of 1974 was made precisely for providing procedure for appointment of teachers and officers in the universities, and it was found that the universities acts which were in existence earlier were not used and the universities were full of temporary even then temporary teachers were not made permanent lecturers ..... . the ordinance was ultimately placed before the rajasthan legislative assembly, and a bill was introduced, which, after undergoing some amendments, became the act of 1979, and is known as the rajasthan universities teachers (absorption of temporary lecturers) act, 1979 herein referred to as the act of 1979' ..... . it is true that the governments or the ruling party in the government may change in the democratic set up, as that may be one of the logical consequence of a democracy, but from that no relationship exists in law, so far as the validity of appointments of the civil servants or other employees in the state is concerned ..... . in 1970 observed 'one law for the lion and ox is oppression', a typical illustration quoted by justice iyer in the judgment of the supreme court in state of kerala- v ..... . chambaraugwalla's case : [1957]1scr930 , mr .....
Tag this Judgment!Court : Rajasthan
Reported in : 1988(1)WLN289
..... .sir,it has been observed by the court that the system of deposit of rent amount in the treasury in cases under 'the rajasthan premises (control of rent and eviction) act, 1950 and the refund thereof later on, is so cumbersome that it dislocates the office-work and the person entitled to refund has to face many difficulties.the court has considered the matter and ordered that till necessary amendment in this regard is made in the general rules (civil), 1952, the concerned court should ask the landlord in ejectment suits to give ..... union of india : [1957]1scr930 , as follows:to arrive at the real meaning, it is always necessary to get an exact conception of the aim, scope and object of the whole act; to consider according to lord coke: (1) what was the law before the act was passed; (2) what was the mischief or defect for which the law had not provided; (3) what remedy parliament has appointed; and (4) the reason of the remedy. ..... there is a separate lengthy, cumbersome and more time consuming procedure for the repayment of such amounts. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1970WLN563
..... after a discussion of the english, american and indian case laws, and referring to the scheme of the civil procedure code, reahed a conclusion--the hearing of an appeal under the procedural law of india is in the nature of re-hearing and therefore in moulding the relief to be granted in a case on appeal, the appellate court is entitled to take into account even facts and events which have come into existence after the decree appealled against. ..... air 1949 orissa 37 a full bench of the orissa high court interpreting section 10, orissa money-lenders act, as amended by section 4, orissa money-lenders (amendment) act xviii (18) of 1947, also expressed a similar view and held that 'section 10 is retrospective so as to control decrees to be passed in suits and appeals brought before, but pending at the time of the commencement of the amending act'.15. ..... upon the opinion of the appellate court 'though the appellate court was entitled to have notice of the subsequent events, the suit had to be determined on the state of facts in existence on the date of the suit, and not as they existed during the pendency of the appeal, and the tenant defendant could not take advantage of the provisions of the act and could not resist the suit for possession, observed,in our opinion, that was a mistake view of the legal position.it was further observed:but it was during the pendency of the suit at the ..... jaipur city, on 9-5-1957, praying for a decree for an amount of rs. .....
Tag this Judgment!Court : Rajasthan
Reported in : 2001(4)WLC345; 2001(1)WLN191
..... the existence of a minority community should in all circumstances and for purposes of all laws of the state be determined on the basis of the population of the whole state or whether it should be determined on the said basis only when the whole state is in question or whether it should be determined on the basis of a population of a locality when the law under that act applies only to that locality, because in that case the bill before the court extended to the whole of the state of kerala and consequently the ..... the hindu code bill was designed providing uniformity in matters of succession, marriage, maintenance, adoption and guardianship of minors which resulted in passing of 4 different acts, the legislators took pains while providing applicability of the acts and excluding the class of persons to whom each of enactment was not applicable, to make a deeming provision for the purposes of treating buddhist, jains and sikhs to be hindus for ..... . the legislation can lay down the procedure to hold such enquiry to reach such conclusion objectively, but cannot confine the scope of the operation of article 30 by limiting the rights ..... the contention advanced by learned aag, would result that an act of parliament, without making necessary amendment can provide a restrictive meaning to any expression used in constitution, thus usurping the functions of supreme court of india, who alone is the final arbiter on interpretation of constitution under the ..... the s.b.civil ..... kerala education bill, .....
Tag this Judgment!Court : Rajasthan
Reported in : 1994(2)WLC204; 1994(1)WLN175
..... 147 was inserted by the amendment act on february 13, 1976 and, therefore, no notification was issued empowering the registrar to exercise the powers conferred under section 148 of the act and having already laid before the legislature, the registrar was competent to frame the rules of 1977 laying down the conditions of service of the employees of the societies and such rules cannot be held to be invalid simply on the ground that no fresh notification was issued after the insertion of sub-section (2) of section 147 of the act and prior to the framing of the rules of 1977. ..... it does not relate to disciplinary proceedings and therefore, under rule 41 of the rules of 1966, the significant ommission regarding the procedure for disposal of disciplinary cases leads to an irresistible conclusion that the rules making authority only wanted to confer the powers regarding laying down the conditions of service of the employees of the society and not with regard to the procedure regulating the disciplinary proceedings against them. ?8. ..... sundranariyan 1978(1) slr- 276, a learned single judge of this court has held that rule 41 of the rules of 1966 is akin to rule 157 of the indian railways establishment code and in both of them, the rule making authority has been given delegated power to other persons or authorities. ..... this was a case relating to central civil services (classification, control and appeal) rules, 1957 wherein rule 15 does not contemplate successive inquiries.24. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1970Raj149
..... took the view that by the changes drought about by the amending act, the position was entirely altered and that the timings fixed by the regional transport authority at the time of grant of a permit must be taken to be conditions of permit by virtue of section 48 (3). ..... he, however, took the view that change in law by the amending act 100 of 1956 did not in any way affect the substance of the position. ..... regional transport authority bikaner reported in air 1967 sc 269, from which the special appeal is before us, it was contended on behalf of the petitioner before the single judge that when the number of services is to be increased by the regional transport authority, the procedure prescribed under section 57 of the act is to be followed and reliance was placed on section 57 (8). ..... however, eventually, the matter was considered by a division bench of the kerala high court in karthikeyan v. r.t.a. ..... this case was cited before a division bench of this court in an unreported case civil writ petn. no. ..... regional transport authority, jodhpur, ilr (1957) 7 raj 806 = (air 1957. ..... 118 = (air 1957 sc 232 at p. ..... , 1957 scr 98 at p. .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2009(1)Raj216
..... in a rural or urban area may be required urgently and provisions under the act and rules would take a long procedure, it may in exercise of its exemption power exempt some of the provisions of the act and rules to achieve the development activity faster or in a given case, if any hardship arises by following or having not following the procedure as prescribed, the power of exemption could be exercised but each of these cases would be for furtherance of the development of that area.in the aforesaid judgment, no law has been laid down that ..... or vendor for manufacturing or supplying such plates with reference to the amendments made in the central motor vehicle rules, 1989 by the central motor vehicles (1st amendment) rules, 2001, in exercise of powers conferred by sub-section (3) of section 109 of the motor vehicles act, 1988, the centered government has framed the motor vehicles (new high security registration plates) order, 2001.18, the tender is in five part-section-i relates to instructions to the bidder, section ii relates to preparation of the bid, section iii relates to scope of work, section ..... when a decision is required to be taken after giving an opportunity of hearing to a person who may suffer civil or evil consequences by reasons thereof, the same would mean an effective hearing.32. ..... (3) people's union for civil liberties and anr. v. ..... people's union for civil liberties and anr. v. ..... 1519/2006 slp (civil) no. ..... civil appeal no. ..... civil writ petition no. .....
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