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Judgment Search Results Home > Cases Phrase: warehousing development and regulation act 2007 section 7 duties of warehousemen Court: rajasthan Page 1 of about 11 results (0.084 seconds)

Nov 14 2014 (HC)

M/S. Jai Shri Bricks Manufacturing Vs. State and ors

Court : Rajasthan Jodhpur

..... in shivchand goyal v/s state of rajasthan (supra), the division bench had held that the grant of mining lease is a concern of the government or the officers of the mines and geological department as specified in schedule-iii and that a mining lease can be granted under the provisions of the rajasthan minor mineral concession rules,1986 and under no other law, as section 19 of the mines and minerals (development and regulation) act, 1957 is a clear bar for the grant of a mining lease by any other authority. ..... all the writ petitions, by which the petitioners had challenged the demand of conversion charges under section 90a of the rajasthan land revenue act, 1956, read with rajasthan land revenue (conversion of agricultural land for non- agricultural purposes in rural areas) rules, 2007, for conversion of agricultural land for non-agricultural purposes for mining of brick earth and manufacture of brick in the brick-kiln established on the land, whether in a colony area or ..... learned single judge, after considering the provisions of the rajasthan minor mineral concession rules, 1986, rajasthan land revenue act, 1956, rajasthan land revenue (conversion of agricultural land for non-agricultural purposes in rural areas) rules, 2007, rajasthan colonization act, 1954, rajasthan colonization project areas brick kiln (leases) conditions, 1966, as well as the judgments of this court in liladhar v/s state of rajasthan (1963 rlw423db), shivchand goyal v/s state of rajasthan (1967 rlw30db), .....

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Mar 16 2009 (HC)

C.T.O. (Ae) Vs. Marudhara Motors

Court : Rajasthan

Reported in : RLW2009(2)Raj1430; (2009)12VatReporter17

..... the fixation of fair price of motor cars under the provisions of motor car (distribution and sale) control (amendment) order 1969 promulgated under section 18g of the industries (development and regulation) act 1951, which was challenged inter alia on the ground that the cost and expenses on account of warranty and statutory bonus have been wrongly excluded from the ex-works cost on the basis of which ..... the present case the respondent assessee is merely working on behalf of, manufacturer in discharge of manufacturer's contractual obligation under the warranty agreement while replacing such spare parts which have gone defective and such defective parts are sent back by the respondent assessee to the manufacturer, who may either physically replace or replenish them or issue credit notes of value of the new parts replaced ..... the manufacturer as purchase returns which are either replaced by the manufacturer company or the manufacturer instead, reimburses the same in the form of credit notes issued by the manufacturer in favour of the respondent assessee and, therefore, since no property in goods is transferred by the assessee dealer in favour of the manufacturer from whom the replacement is made or for which reimbursement is received in the form of credit notes, ..... and penalty is concerned, since first appellate authority had set aside the same, the revenue preferred another batch of six appeals and these 12 appeals came to be disposed of by common judgment of the tax board dated 18/6/2007 .....

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May 13 1997 (HC)

Central Arid Zone Research Institute Vs. Arid Zone Employees Union and ...

Court : Rajasthan

Reported in : (1998)ILLJ723Raj; 1997(3)WLC440; 1997(1)WLN613

..... (development and regulation) act, 1951 (act 65 of 1951) and as such the chief commissioner of ajmer was not the appropriate government under section 2(a)(i) of the act. ..... the supreme court has observed as under :- 'though sugar is a controlled industry under the schedule to the industries (development and regulation) act (65 of 1951) the appropriate government for the purposes of section2(a)(i), industrial disputes act with reference to that industry would not be the central government unless there is a notification by the central government ..... section 5a and section 5b, respectively, of the employees' provident funds and miscellaneous provisions act, 1952 (19 of 1952), or the 'indian airlines' and 'air india' corporations established under section 3 of the air corporations act, 1953 (27 of 1953), or the life insurance corporation act, 1956 (31 of 1956), or the oil and natural gas commission act, 1959 (43 of 1959), or the deposit insurance and credit guarantee corporation established under section 3 of the deposit insurance and credit guarantee corporation act, 1961 (47 of 1961), or the central warehousing corporation established under section 3 of the warehousing corporations act ..... under the companies act is an independent entity, a new person, as the supreme court has said, the same principle will apply with greater force of logic to these commercial corporations which are the creations of the acts of the legislature and perform their functions and duties within the framework .....

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Aug 29 2007 (HC)

Gayatri Parivar Trust and ors. Vs. State of Rajasthan and ors.

Court : Rajasthan

Reported in : RLW2008(1)Raj753

..... the power of enactment under entry 52 has been exercised in the form of industries (development and regulation) act, 1951. ..... we also notice that during pendency of writ petition the cigarettes and other 'tobacco products (prohibition advertisements and regulation of trade and commerce, production, supply and distribution) act, 2003 (for short '2003 act') has been enacted and which came into force w.e.f. ..... section 2(a) of 2000 act defines advertisement and section 7 prohibits advertisement of cigarettes and beedies etc which reads as under:7. ..... the preamble of this act states under section 2 that the act of 1975 is a legislative exercise undertaken in reference of entry 52 of list i of the constitution. ..... (3) no person shall, whether directly or indirectly, import, for the purpose of carrying on any trade or commerce in cigarette, any document, article or thing, containing any advertisement which violates the provisions contained in sub-section (1) or sub-section (2).evidently advertisement for the distribution, sale or supply of cigarettes could be published with the specified warning and the 1975 act escape notice of the petitioners.4. ..... smoking of tobacco in the form of cigarettes, cigars, beedies or otherwise has been age-old evil and in recent time it was detected that not only the person who smokes but even the passive smoker had to suffer harmful effects of tobacco. ..... february 11, 2007. .....

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Nov 07 1990 (HC)

Sampat Lal Vs. the State of Rajasthan and ors.

Court : Rajasthan

Reported in : 1990WLN(UC)395

..... this court has taken a consistent view that the remedy of revision to the central government under section 30 of the mines and minerals (regulation and development) act, 1957 is an alternative efficacious remedy and has declined to interfere in its extraordinary jurisdiction under article 226 of the constitution of india.relying upon champa lal v. ..... ) as follows:we are of the opinion that under section 30 of the mines and minerals (regulation and development) act, 1957 a revision lies to the central government against the aforesaid of the deputy secretary to the government of raj, mines department made in exercise of his power under rule 64 of the rajasthan minor mineral concession rules, 1986. ..... a revision under section 30 of the mines and minerals (regulation and development) act, 1957 (in short 'the act') could be failed by the petitioners before the central goverment. ..... they could file revision before the central government under section 30, mines and mineral (regulation and development) act, 1957 (hereinafter to be called 'the mmrd act'). ..... in 67 cjs 520, the following statement occurs:'order', as a noun, has been held equivalent to or synonyomous with 'decision', see 26 cjs 38 note 72, 'regulation', 'rule', 'resolution', 'shipment; and 'warrant' and has been compared with, or distinguished form, 'regulation' and warrant'.the word 'order' has not been defined in the act like the code of civil procedure, which gives it a sepecial meaning in order to distinguish it from a decree.9. .....

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Sep 28 1983 (HC)

The Commissioner of Income Tax Vs. National Tractors

Court : Rajasthan

Reported in : 1983WLN688

..... (10) the contractor shall take all necessary measures for the safety and to keep the buildings and other works in good repair and shall conform to and observe all the provisions of the mines and mineral (regulation and development) act iii of 1948 and rules and regulations made thereunder or any other enactments and statutory rules for the time being in force so far as they relate to the working of mines and raising of minerals. ..... premises;(b) any sum paid on account of land revenue, local rates or municipal taxes;(c) the amount of any premises paid in respect of insurance against risk of damage or destruction of the premises.it may be mentioned that the provisions contained in section 30(a)(i), section 30(a)(ii), section 30(b) & section 30(c) are deleted sections of section 10(2)(i) and (ii), section 10(2)(v) section 10(2)(ix) & section 10(2)(iv) respectively of the indian income-tax act, 1922 (here in after to be referred as 'the ..... section 31(i) and section 31(ii) are deleted sections of section 10(2)(v) and section 10(2)(iv) of the act of 1922. .....

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Aug 16 1972 (HC)

Rameshwarlal and ors. Vs. Rajasthan State Road Transport Corporation a ...

Court : Rajasthan

Reported in : 1972WLN553

..... kant tyagi air 1970 sc 244 where their lordships of the supreme court have taken the view that the regulations made under section 54 of the agriculture produce (development and warehousing) corporations act, 1956, do not impose any statutory obligation even though they lay down the terms and conditions of the relationship between the corporation and its employees.23. ..... there was an employee of the up warehousing corporation, which was constituted under the agricultural produce (development and warehousing) corporations act, 1966. ..... section 45 of the act, however, deals only with the power of the corporation to make regulations, and if the corporation decided to adopt the rajasthan civil services (classification, control and appeal) rules for the time being, those rules were really in the nature of regulations in so far as the corporation was concerned, and there is no justification for the argument that any obligation imposed by them was a mandatory obligation imposed by ..... : (1968)illj576sc the hall mask of status is the attachment to a legal relationship of rights and duties imposed by the public law and not by mere agreement of the parties.as no such legal rights and duties are alleged to have been imposed by any public law, the relationship of the petitioners with the corporations cannot be said to be in the nature of ' ..... question must be answered in the negative for the simple reason that they were not discharging any duty in the discharge of which the public was interested. .....

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Sep 27 2007 (HC)

Rajasthan State Agriculture Marketing Board and ors. Vs. Gulab Chand M ...

Court : Rajasthan

Reported in : RLW2008(1)Raj791

..... - the marketing development fund shall be utilised by the board for the following purposes, namely:(i) improvement and regulation of agricultural markets in the state;(ii) giving of aid to financially weak market committees in the state in the form of loans and grants to enable them to discharge their duties and functions satisfactorily;(iii) payment of the salaries, allowances, pensions, gratuities, compassionate grants to its employees and contributions towards salaries, allowances, pension and gratuity of the government employees, if any ..... non-official members of the public nominated by the government;(k) food commissioner for the state of rajasthan or his nominee;(1) managing director, rajasthan state warehousing corporation;(m) regional manager, food corporation of india;(n) the director of agricultural marketing for the state of rajasthan.the chairman and vice-chairman of the board shall be appointed by the government from amongst the members of the board provided that a member elected under sub ..... the term of the board and appoint an administrator to exercise the powers of the board, under second proviso to section 22-fff of the act which reads as under:provided further that the state government, if it thinks fit in public interest so to do, may at any time, by a notification in the official gazette terminate the term of the board constituted under this section and appoint and administrator to exercise all the powers and perform all the duties and functions of the board.11 .....

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Feb 22 1993 (HC)

Mohd. Bux Vs. State of Rajasthan and ors.

Court : Rajasthan

Reported in : AIR1993Raj211; 1993(2)WLC11

..... bench in this context observed as under:--'the grant of mining lease is a concern of the government or the officers of the mines and geological department as specified in schedule iii and a mining lease can be granted under the provisions of the rajasthan minor mineral concession rules and under no other law as section 19 of the mines and minerals (regulation and development) act, 1957, is a clear bar for the grant of a mining lease in any other manner except under the minor mineral concession rules ..... rajasthan, 1967 raj lw 30, that in the lease of brick earth granted under the rajasthan minor mineral concession rules, 1977 framed under section 15 of the minor and minerals (regulation and development) act, 1957 the establishment of brick-kiln is implied is not good law, and if so whether establishment of brick-kiln is a subject not covered by entry no. ..... minor minerals (regulation and development) act, 1957 and in that section 15 has conferred a power on the state government to manage and control the minor minerals and other minerals as is given under the act by notifications from time ..... for which the rajasthan land revenue (brick kiln leases in non-project areas) conditions, 1960 have been prescribed by the government runs' counter to the object and the scope of section 102 of the rajasthan land revenue act, 1956: the impugned conditions of 1960 are also illegal as they are repugnant to the provisions of section 19 of the mines and minerals (regulation and development) act, 1957. .....

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Mar 09 1973 (HC)

State of Rajasthan Vs. Raghunath Singh

Court : Rajasthan

Reported in : AIR1974Raj4; 1973()WLN424

..... and mineral (regulation and development) act, 1948, a pre-constitutional central act existed and that governed the regulation of mines and mineral development.according to section 4 of this act no mining lease could be granted after the commencement of the act otherwise than in accordance with the rules made under the act. ..... according to article 246 of the constitution, 'regulation of mines and mineral development to the extent to which such regulation and development under the control of the union is declared by parliament by law to be expedient in the public interest' is a subject of the ..... therefore, clear that the state legislature has also power to legislate as regards the regulation of mines and mineral development, but subject to the legislation made by the parliament under entry no. ..... noticed above that the state has not made any other legislation on this subject of regulating the mineral development nor was there any legislation of the union parliament at the relevant time. ..... the director of mines and geology also failed to do his duty in spite of the fact that he had had the power to sign the indenture, submitted by the ..... in response to that got prepared an indenture relating to the mining lease and submitted the same duly signed by him and accompanied by necessary stamp duty. ..... parting with this case, we take it to be our duty to observe that the state has not given an account of fair play and justice in the present case. ..... indenture was accompanied by the requisite stamp duty. .....

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