Court : Rajasthan
Reported in : 1986(1)WLN148
..... court held that by virtue of section 529 of the act and section 47 of the kerala insolvency act, 1955 (which was identical in terms with section 46 of the provincial insolvency act, 1920) was applicable and that under section 47 of the kerala insolvency act provision was made that where there have been mutual dealings between an insolvant and a creditor proving or claiming to prove a debt under the said act, an amount shall be taken of what is due from the one party to the other in respect of such mutual dealings and ..... this would mean that a member of the savings and finance scheme of the company who has taken loan under the said scheme is entitled to claim set off in respect of any money deposited by him with the company under the said scheme or under any other scheme 'the said set off will, however, be confined only to deposit made by the member who has taken the loan and set off cannot be claimed in respect of deposits made by the family members or other relatives of ..... in these applications were members of the savings and finance schemes of the company and they had taken loan from the company under those schemes and at the time of taking the loan it was agreed that they would pay interest @ 18% per annum on the loans advanced to them. ..... the non-petitioner members of the saving and finance scheme may file their claims before the official liquidator in respect of the amounts deposited by them under the savings and finance scheme of which they were members within a period of 15 .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1972Raj209; 1971(4)WLN660
..... specified in the notification, no person shall, except under the authority and in accordance with the terms and conditions of a licence granted under this act, engage in- (a) the production or manufacture or any process of the production or manufacture of any specified goods included in the first schedule or of saltpetre or of any specified component parts or ingredients of such goods or of specified containers of such goods, or (b) the wholesale purchase or sale whether on his own account or as a broker or commission agent or the storage ..... the price of salt is fixed by the government under the essential commodities act but he could not point out any notification which might have been issued by the state government under that act fixing the price of the salt at which the government can purchase it from ..... the britishers had left india, the central government by entering into agreement with the part b state of rajasthan got monopoly rights which the british government enjoyed and after the lease was granted under the central excises and salt act, 1944 in favour of the rajasthan government those rights now vest in the state of rajasthan vis a vis the ..... individuals or group of individuals were allowed to freely produce salt in any land to which they have lawful access for this purpose without obtaining licence from the government of india under the 1944 act provided the total area of land covered by the salt works set up by an individual or group of individuals did not exceed 10 acres .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1960Raj105
..... facts alleged to disqualify one of the justices ..... quash the conviction on the ground that one of the justices alleged to have taken part in the conviction was a person concerned in the business of a baker while by section 15 of the bread act, 1836, no person concerned in the business of a baker was capable of acting as a justice of the peace under the act.the affidavit on which the rule nisi was obtained did not state that any objection to the competence of the court was taken at the hearing before the justices, nor did it state that it the date of that hearing the applicant was without knowledge of the ..... air 1958 kerala 341, an objection was raised relating to jurisdiction of the central road traffic board, trivandrum inter alia on the ground that the chairman and one other member were disqualified to be members of the board since both of them were members of the state transport advisory board which deals with finances and other matters of the state transport undertaking .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1975Raj182; 1977CriLJ169; 1974(7)WLN392; 1974(7)WLN577
..... one month from the date of receipt of the sanction by the applicant and if no such formal lease is executed within the aforesaid period, the order granting the lease shall be deemed to have been revoked : provided that where the state government or any officer authorised by the state government to grant lease in its behalf is satisfied that the applicant for the lease is not responsible for the delay in the execution of the formal lease, the state government or that officer as the case- may be, may permit the execution of formal lease ..... the act and that the government had power to extend time for the execution of lease under the proviso to rule 18 in the facts and circumstances of the case; that the revised plans were submitted on 23-4-1971 and not on 26-11-1972 as wrongly alleged by the petitioner and therefore the petitioner's application dated 24-3-1972 was of no avail more particularly when that application was defective being not accompanied by the requisite plans and that the government had power under rule 59 of the state rules to relax any of the ..... state of kerala, (1974) 1 scc 66 = (air 1974 sc 175) are clearly distinguishable ,as in all those cases either the definite criteria or objective tests or the existence of circumstances or preconditions necessary for the exercise of the powers by the statutory body were indicated in the relevant provisions which were under consideration. ..... the government is the guardian of the finances of the state. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1988(2)WLN419
..... lord bishop of oxford (1880) 5 ac 214 said:there may be something in the nature of the thing empowered to be done, something in the object for which it is done, something in the conditions under which it is to be done, something in the title of the person or persons for whose benefit the power is to be exercised, which may couple the power with a duty, and make it the duty of the person in whom the power is reposed, to exercise that power when called upon to do so.relief to persons imparted unfair treatment or discriminated or victimised by public authorities in matters ..... the finance secretary for the union territory of goa, daman and diu invited tenders on behalf of the president of india from the public for the lease of the said distillery. ..... that the authorities exercising the powers under the addhra pradesh charitable and hindu religious institutions and endowments act (17 of 1966) must not only be most alert and vigilant in such matters but also show awareness of the ways of the present day world as also the ugly realities of the world of today. ..... state of, kerala and ors. .....
Tag this Judgment!Court : Rajasthan
Reported in : [1991(62)FLR252]; (1992)ILLJ903Raj; 1990(1)WLN361
..... in or in connection with the work of a factory or establishment to which this act applies and - (i) who is directly employed by the principalemployer on any work of, or incidental or preliminary to or connected with the work of, the factory or establishment, whether such work is done by the employee in the factory or establishment or elsewhere; or (ii) who is employed by or through an immediate employer on the premises of the factory or establishment or under the supervision of the principal employer or his agent on work which is ordinarily part of the work of the factory or establishment or which is preliminary to the work carried on in or incidental to the purpose of the factory or establishment; or (iii ..... in that case, unity of ownership existed ex-hypothesi but there should have been such functional inter-dependence that one unit could not exist conveniently and reasonably without the other and their finances and employment should have been integrated in order to make them one unit of establishment. ..... the learned regional commissioner has relied upon ram krishna (sic) kerala, (1969-ii-llj-682), but that case is (sic) guishable inasmuch as it was also case of common ownership.19. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1993CriLJ1228; 1992(1)WLC754
..... view of our opinion that there was abnormal and considerable delay on the part of the detaining authority in securing the arrest of the detenu for 3 months and 7 days after the date of the order of detention, which has not been explained, and in view of our conclusion that it throws serious doubt on the genuineness of the subjective satisfaction of the detaining authority as regards the necessity for detaining the detenu, with a view to preventing him from acting in a prejudicial or offending manner, we allow this habeas corpus ..... character as to suggest that it was a part of an organised operation of a complex of agencies, collaborating to clandestinely or secretly carry on such activities, and therefore, the detaining authority subjectively felt satisfied on the basis of the various documents seized that it was not a solitary or isolated act but was a part of a course of conduct of such activities carried on by the detenu for a reasonably long time and that it was necessary to detain him with a view to preventing him from indulging in such ..... true that the state minister for finance took five days in considering the representation, but taking in view the entire process, comments and consideration and the intervening non-working days and holidays, the time taken cannot be held to be unnecessarily long and the detention-order is not vitiated on account of delay in consideration of the representation ..... . state of kerala, air 1990 ..... . state of kerala air 1990 sc 225 : (1990 .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1999Raj47
..... adduce evidence and shall submithis report to the respondents; (5) the respondents shall furnish a copy of the enquiry report to the petitioner within a period of two weeks thereafter and the petitioner may submit her explanation within a period of two weeksthereafter; (6) the respondents, after considering the explanation, may pass an appropriate order; (7) in the facts and circumstances of the case, it is desirable that a new enquiry officer be appointed for the reason that the officer, who conducted the inquiry earlier, does not seem to be ..... subsequent events are put in chronological order as under:--14-9-98:petitioner filed an applicationbefore enquiry officer to issue a copy of the complaint, on the basis ofwhich the charge-sheet was served; preliminary enquiry report, list ofwitnesses and the copy of the report that the premises in question wascapable to fetch more rent.24-9-98:application dated 14-9-1998 wasrejected by the enquiry officer unceremoniously.26-9-98:petitioner filed reply to thecharge-sheet (annexure p-16) wherein she again staled that she could not file effective ..... the judiciary, being the guardian of the rule of law, particularly, as the power to judicial review, has been invested in the superior courts, it was a special and additional duty to perform the duty and oversee that all individuals and institutions, including the executive and legislative acts, within the frame-work ..... general finance ltd. ..... kerala financial corporation, air 1988 sc 157 and sirsi .....
Tag this Judgment!Court : Rajasthan
Reported in : 1987(2)WLN753
..... since item 18 of the schedule to the rajasthan act which is the material entry of taxation refers to all cotton fabrics' as defined in the additional duties of excise (goods of special importance) act, 1957 and section 2(c) of the additional duties of excise (goods of special importance) act, 1957 provides that the expression 'cotton fabrics' shall have the meaning assigned to it in item 19 of the first schedule to the central excise and salt act, 1944.2. ..... ' means all varieties of fabrics manufactured either wholly or partly from cotton and includes dhoties, sarees, chadders, bed sheets, bed spreads, counter panes table cloth, embroidery in the piece, in strips or in motifs and fabrics impregnated, coated or luminated with preparations of cellulose derivatives or of other artificial plastic but does not include any such fabric if ..... the absence of any specific entry for embroidered sarees or material in the present case under the rajasthan act distinguishes the said gujarat decision (supra) and the ratio of that decision supports the conclusion that the definition of 'cotton fabrics' as above in item 19 is wide enough to include embroidered cotton sarees and for this purpose it has to be treated as the specified entry ..... consequently, there is no ground made out to interfere with the decision of the board taking the view that on the facts found proved embroidered cotton sarees fall within the definition of 'cotton fabrics' as defined above and they are ..... kerala , also supports the .....
Tag this Judgment!Court : Rajasthan
Reported in : 2001(4)WLN621
..... thus, in the wake of the above, it has to be held that a 'person aggrieved' under the provisions of the motor vehicles act has to be considered differently from the person interested as enshrined in the provisions of section 9 of the land acquisition act, 1894 and the expression has a limited meaning that 'a person aggrieved' has to satisfy the tribunal for maintaining the revision that there has been violation of law which has caused substantial prejudice to his legal rights ..... had no locus standi to maintain the revision before the tribunal as he was not an 'aggrieved person' within the meaning of section 89/90 of the act; the revision was barred by limitation as the same had been filed after expiry of the statutory limitation and the finding recorded by the tribunal that variation was against the public interest, is perverse.4. ..... union of indian and ors (7), while considering the issue of locus standi of a person to file a writ pelition in the high court in respect of the provisions of the motor vehicles act, 1939 (for short, 'the act, 1939') placing reliance on the judgment of the hon'ble supreme court in state of orissa ..... state of kerala (25), the hon'ble supreme court observed as under:-'law of limitation may harshly affect a particular party but it has to be applied with all its rigors when the statute so prescribes and the courts have no power to extend the period of limitation on equitable ground.'25 ..... (12); state of kerala v. k.g. ..... of haryana (11); state of kerala v. .....
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