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Rajasthan Court November 1963 Judgments

Nov 22 1963

Badri Prasad Vs. Satish Kumar Sharma

Court: Rajasthan

Decided on: Nov-22-1963

Reported in: AIR1964Raj184

Chhangani, J. 1. This is an appeal under Section 116A of theRepresentation of the People Act, 1951, (herein-after, to be referred to as the Act) by Badri Prasad,an unsuccessful election petitioner, against the orderof the Election Tribunal, Alwar, dated May 31,1963, dismissing his election petition No. 92 of1962. The petitioner Badri Prasad was a contesting candidate for a seat in the Rajasthan Legislative Assembly from the Bansur Constituency. Therewere six-other contesting candidates including therespondent Satis Kumar, Sharma. Election washeld in February 1962 and the counting of votestook plate on February 26, 1962. The votes secured by the various candidates were as follows :--1.Shri Satish Kumar Sharma183972.Shri Badri Prasad Gupta121483.Shri Bhawani Shanker2614.Shri Ram Narain4145.Shri Shiv Charan8106.Shri Sada Ram8387.Shri Heer Lal608The rspondent Satish Kumar Shama was declared duly elected from the aforesaid assembly constituency by the Returning Officer. The petitioner Badri...

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Nov 21 1963

The Jaipur Udyog Ltd. and anr. Vs. Commissioner of Income-tax and ors.

Court: Rajasthan

Decided on: Nov-21-1963

Reported in: AIR1965Raj162

Tyagi J 1. These are two writ applications filed by the Jaipur Udyog Limited (hereinafter referred to as the Company) and E. C. Gautam, one of the shareholders of this company, to challenge the jurisdiction of the Income-tax Officer and that of the Sales Tax Officer to assess the petitioner company for income-tax and sales tax. Since the questions of law which have been raised by the petitioners are common to both the writ applications, we propose to dispose them of by one judgment. 2. Writ application No. 366 of 1961 is filed against the Union of India and the Income-tax Officer, Estate Duty-cum-Income-tax Circle, Jaipur impleading therein the State of Rajasthan merely as a pro forma respondent whereby the company has challenged the assessment orders passed by the respondent No. 2 assessing the petitioner company under the Indian Income Tax Act, 1922 for the assessment years 1953-54, 1954-55, 1955-56 and 1956-57. Writ Application No. 114 of 1962 is filed against the Commissioner of Sa...

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Nov 19 1963

Bishambhar Dayal Vs. Moolchand and ors.

Court: Rajasthan

Decided on: Nov-19-1963

Reported in: AIR1964Raj179

C.B. Bhargava, J. 1. This is a second appeal by the defendants Bishambhar Dayal and Sharvanlal. The latter died during the pendency of this appeal and his legal representatives have been brought on record. By the decree passed in this case by the learned Civil Judge, Gangapur and confirmed by the District Judge, Bharatpur, the defendants have been restrained from interfering by themselves or through others in the exhibition of films in cinema building known as Prakash Talkies or outside it at Hindaum Further by the decree, plaintiffs have been given possession of the cinema, house, its furniture and cinematograph etc. which was in possession of the receiver. 2. Moolchand plaintiff filed the suit and the plaint has been drawn in a very disingeneou's manner. There is no reference in the plaint to the partnership between the parties in the cinema business. Plaintiff describes himself as the sole proprietor of the cinema house known as Prakash Talkies in the town of Hindaun having a licenc...

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Nov 18 1963

Ramanlal Chunnilal Vs. Transport Appellate Tribunal, Rajasthan, Jaipur ...

Court: Rajasthan

Decided on: Nov-18-1963

Reported in: AIR1964Raj177

D.S. Dave, C.J. 1. This is a writ application by Messrs. Ramanlal Chunnilal under Article 226 of the Constitution of India.2. The facts giving rise to it are as follows:Respondent No. 3 Shri Shyam Sunder Shaima obtained one non-temporitry permit for plying a stage-carriage On 'Chechat-Jhalawar route on 15th May, 1953 from the Regional Transport Authority, Udaipur. This permit was subsequently extended, upto Jhalrapatan, a township about four miles ahead of Jhalawar, and later on, it was extended to Raipur. On 19th October, 1957, the Collector, Jhalawar, granted further extension of the route upto Chavli which was about six miles ahead of Raipur. Thus respondent No. 3 continued to ply his bus from Chechat to Chavli up-to 31st December, 1960. The period of his permit, however, was to expire earlier and so he had presented an application for the renewal thereof.When his application for renewal of the permit came for consideration before the Regional Transport Authority, it was found that,...

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