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Rajasthan Court October 1963 Judgments

Oct 25 1963

Jaikishan Vs. Collector, Ganganagar and ors.

Court: Rajasthan

Decided on: Oct-25-1963

Reported in: AIR1964Raj112

ORDERV.P. Tyagi, J.1. This writ application of Jai Kishen, who was nominated as a chairman of the Nyaya Panchayat, Thande-wala by the Collector, Ganganagar, under Section 27-C(6) of the Rajasthan Panchayat Act presents an important question of law namely whether a member once appointed as Chairman of the Nyaya Panchayat by the Collector can subsequently be removed by him or not. In the instant case, petitioner was appointed as Chairman on 27th May, 1961 but later on it was ordered by the Collector that a Chairman may be elected by the Nyaya Panchayat as a result of which respondent No. 3 Satpaul Singh was declared duly elected on 30th October, 1961. It is under these circumstances that the present writ application has been filed by the petitioner with a prayer that an appropriate writ, order or direction be issued to quash the proceedings taken for electing the Chairman of the Nyaya Panchayat and the Government may be restrained from removing him (the petition) from the office of Chair...

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Oct 21 1963

Mohan Dass Vs. Regional Director, Employee's State Insurance Corporati ...

Court: Rajasthan

Decided on: Oct-21-1963

Reported in: 1964CriLJ612

ORDERL.N. Chhangani, J.1. This is a reference By the Additional sessions Judge No. 2, Jaipur City, recommending inlay proceedings in criminal base No. 310 of 19bl unttet section 85 of the tmpioyees' state insurance Act inordinate referred to as the Act) pending before the him Magistrate, Jaipur, be stayed till the decision of miscellaneous proceedings Under Section 75(2) of the am pending before the Employees' Insurance Court of Jaipur City (hereinafter referred to as the insurance warn;. The learned Additional Sessions Judge turtner recommended that the Judge of the insurance Court be Directed to expedite the disposal of the proceedings pending perom It.2. The relevant facts giving rise to the present reie-rence may be briefly stated as follows:-The Employees' . State Insurance Corporation through Its Regional Director filed a Complaint on 15/1961 against Mohan Dass Khandeiwai unaer section be we of the Act. It was stated that the firm M/s Jem uieiw cal and Pharmaceutical works Jaipur...

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Oct 09 1963

Commissioner of Income-tax, Delhi and Rajasthan Vs. Gotan Lime Syndica ...

Court: Rajasthan

Decided on: Oct-09-1963

Reported in: [1964]51ITR533(Raj)

I. N. MODI J. - This is a reference by the Income-tax Appellate Tribunal, Bombay bench B, under section 66 (1) of the Indian Income-tax Act 1922. The reference is a consolidated one, arising out of the Tribunals orders in Income-tax Appeals Nos. 7195 to 7197 of 1959-60, inasmuch as a common question of law admittedly arises therein. That question is as follows.'Whether on the facts and in the circumstances of the case the sum of Rs. 96,000 paid by the assessee during each of the relevant accounting years was rightly allowed as a revenue deduction in computing the business profits of the assessee company ?'The facts leading up to this reference may be stated as under. The assessee is a registered firm bearing the name, Messrs. Gotan Lime Syndicate. Gotan, and carries on business in the manufacture of lime from limestone. The assessee was assessed to income-tax for the assessment years 1954-55, 1955-56 and 1956-57, the corresponding accounting years being the respective financial years f...

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Oct 04 1963

Munna Lal Vs. State

Court: Rajasthan

Decided on: Oct-04-1963

Reported in: AIR1964Raj118

L. N. Chhangani, J. 1. This is a revision by accused Munnalal and is directed against the order of the Special Judicial (Railway) Magistrate, Jodhpur, dated 5th March, 1963 overruling the accused's objection to the competence of the Magistrate to try the case. The petitioner challenged the same order in a revision before the Court of Session, Jodhpur, but the Additional Sessions Judge, Jodhpur, by his Judgment dated 15th May, 1963 upheld the order of the Railway Magistrate, and dismissed the revision. 2. The facts giving rise to the revision may be briefly stated as follows: One Chandanmal ,of Ladnun boarded Jodhpur Mail at Delhi on the night intervening 10th and 11th July, 1962, his destination being Ladnun. He had an aluminium box containing jewellery with him which he kept in his bedding. During the course of Journey, he went to sleep and woke up when tha train was stopping at Loharu Railway Junction; looked for his bedding and found It missing. On enquiry from the fellow travellers...

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Oct 03 1963

Roshanlal Vs. Baboo Lal and ors.

Court: Rajasthan

Decided on: Oct-03-1963

Reported in: AIR1964Raj120

B.P. Beri, J.1. This is a defendant's second appeal directed against the judgment and decree dated 14th April, 1958, passed by the Civil Judge, Dholpur in a suit for possession and mesne profits.2. The controversy relates to a shop situate in Mohalla Talaia, Dashera Road Gothi, Dholpur. Roshanlal, the defendant appellant, took this shop on rent on 25th June, 1350 on a rental of Rs. 10/- per month from Mst. Bashiran and others. On 8th February, 1951, Mst. Bashiran and others mortgaged this shop with Roshanlal. According to the terms of this mortgage-deed no interest was to be paid by the mortgagors to the mortgagee Roshanlal and he was no longer required tp pay any rent of the shop. It was further stipulated that when half the mortgage money was paid the mortgagee was to pay Rs. 5/- per month as rent and when the full mortgage amount was repaid the mortgagee was to restart paying Rs. 10/- per month as rent. On 25th September, 1954 Mst. Bashiran redeemed the shop and mortgaged this shop ...

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