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Rajasthan Court March 1967 Judgments

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Mar 31 1967

Maji Mohan Kanwar and ors. Vs. the State of Rajasthan and anr.

Court: Rajasthan

Decided on: Mar-31-1967

Reported in: AIR1967Raj264

Dave, C. J. 1. This is a writ application under Articles 226 and 227 of the Constitution of India challenging the validity of the orders of the Board of Revenue dated 5th December, 1958, 28th June, 1963, 6th March, 1964 and 2nd December, 1964, In order to appreciate the question which arises for our determination, it would be proper to state briefly the facts giving rise to this petition. 2. Thakur Balasingh son of Thakur Bijay Singhji was a jagirdar of thikana Ladhu which was resumed under the Rajasthan Land Reforms and Resumption of Jagirs Act, 1952 (Act No. VI of 1952), which will hereinafter be referred as the Act. After the resumption of the jagir, Thakur Balsingh filed a claim for compensation & rehabilitation grant under the Act. The final award on that claim was given by the Jagir Commissioner on 23-2-57. Thereafter, Thakur Balasingh died on 5-3-57. Against the said final award and an order dated 19-3-57, the State preferred an appeal before the Board of Revenue for Rajasthan. ...


Mar 31 1967

New Cotton and Wool Pressing Factory Vs. Commissioner of Income-tax, R ...

Court: Rajasthan

Decided on: Mar-31-1967

Reported in: [1967]65ITR662(Raj)

D. S. DAVE C.J. - This is a reference by the Income-tax Appellate Tribunal, Delhi Bench, under section 66(2) of the Indian Income-tax Act, 1922, which will hereinafter be referred to as 'the Act'.The question set out for answer is as follows :'Whether, on the facts and circumstances of this case, the income from immovable properties forming part of the assets of the assessee-firm falls properly to be assessed under section 9(3) of the Indian Income-tax Act as being in the hands of the partners of the firm, and not under section 9(1) as being in the hands of the firm ?'The facts giving rise to the reference, as narrated in the agreed statement of the case, may be stated briefly in order to appreciate the said question.The New Cotton and Wool Pressing Factory, Beawar, which will hereinafter be referred to as 'the assessee', is an unregistered partnership firm consisting of thirteen partners. It is running a wool and cotton pressing factory at Beawar in Ajmer District. The capital contrib...


Mar 29 1967

Khetmal Vs. Chhaganraj and anr.

Court: Rajasthan

Decided on: Mar-29-1967

Reported in: AIR1968Raj123

L.N. Chhangani, J. 1. This is a second appeal by the defendant Khetmal against the appellate judgment and decree of the District Judge, Balotra dated 30th April, 1962. confirming the decree of Civil Judge, Balotra dated 29th March, 1981 decreeing the plaintiff-respondent's suit for the recovery of the mortgage money by the sale of the mortgageproperty.2. It will be proper to set the material facts at the outset. One Mishrimal son of Jeta of Samdari executed a mortgage deed in favour of Chhogalal deceased, Chhaganmal, Achalchand and Jugraj on Mah Sudi 13, S. 2005 corresponding to 11-2-1949. The principal amount secured by the mortgage was Rs. 2199/- and the mortgage property consisted of a house at Samdari. The mortgage deed is Ex. 2 which was not registered on 14-2-49. After the mortgage, Mishrimal died and Khetmal defendant-appellant is his heir and successor in interest under a proper will. Chhogalal also died some time after the execution of the mortgage deed. After Chhogalal's deat...


Mar 28 1967

State of Rajasthan Vs. Ratanlal

Court: Rajasthan

Decided on: Mar-28-1967

Reported in: (1968)ILLJ475Raj

L.N. Chhangani, J.1. This is a second appeal by the state against the appellate judgment and decree of the Senior Civil Judge, No. 1, Jodhpur, decreeing the plaintiff's suit in the following terms:(a) The plaintiff is granted a declaration that the orders of departmental authorities evidenced by Exs. 5 and 6 are illegal, and contrary to law.(b) The amount which has been withheld from the pay of the appellant amounting to Ra. 367.(8 was illegally withheld. The plaintiff is granted a decree for that amount,(c) The judgment passed in this case will not prevent the Government from chargesheeting the appellant again in respect of the occurrence of 4 October 1951.(d) The appellant will have costs of the appeal from respondent 1.2. The facts leading to this second appeal may be briefly stated as follows.The plaintiff-respondent was appointed as a sub-inspector of police on 14 December 1949 and was subsequently confirmed on 8 August 1952. In the month of October 1961 he was stationed at Banner...


Mar 20 1967

Badriprasad Vs. the State of Rajasthan and anr.

Court: Rajasthan

Decided on: Mar-20-1967

Reported in: AIR1968Raj59

P.N. Shinghal, J.1. Plaintiff Badriprasad has been unsuccessful in both the courts below and has preferred this second appeal which arises from the appellate judgment and decree of the learned. District Judge of Bharatpur, dated April 12, 19612. The admitted facts are quite sufficient for the disposal of this appeal and may be briefly stated. The plaintiff carried on business in the former State of Dholpur under the name of M/s Bharatsingh Kanhiyalal, which was a joint family firm. The plaintiff wanted to export 270 maunds of 'ghee' from Dholpur to Hawrah and for that purpose a permit was required from the Dholpur State. According to an arrangement between the parties, the plaintiff was asked to deposit the customs duty on the export of ghee at the rate of Rs. 22 per maund, in advance. The plaintiff therefore deposited Rs. 5,940 on October 7, 1947, under entry Ex. 29, and a permit was issued three days' later, on October 10, 1947, allowing the plaintiff to export 270 maunds of ghee to ...


Mar 07 1967

Union of India (Uoi) Vs. Pratap Rai

Court: Rajasthan

Decided on: Mar-07-1967

Reported in: AIR1968Raj44; (1968)ILLJ489Raj

ORDERJagat Narayan, J.1. This is a revision application by the Union of India against an appellate decree of the District Judge, Bika-ner, allowing wages to the respondent for the period 25-7-61 to 21-3-62. The application has been contested on behalf of the respondent.2. The respondent was posted as goods clerk at Sarai Rohilla Railway Station, Northern Railway. His transfer to Jamsar in Bikaner Division was ordered on 15-7-61, Before he could join at Jamsar he fell ill on 18-7-61 and remained under the treat-ment of the railway doctor till 24-7-61. On that date he sent a letter to the railway authorities intimating that since the treatment of the railway doctor had not done him any good he had no option but to take treatment from a private doctor. He reported back on duty on 17-3-62. He accordingly joined duty at Jamsar on 24-3-62. The Divisional Personnel Officer granted him leave without pay from 25-7-61 to 21-3-62. As no wages for this period were paid to him he filed a claim unde...


Mar 01 1967

Moola Ram Vs. the Regional Transport Authority and ors.

Court: Rajasthan

Decided on: Mar-01-1967

Reported in: AIR1967Raj269

ORDERJagat Narayan, J.1. This is a petition under Article 226 of the Constitution against an order of the Regional Transport Authority, Bikaner, allowing respondents Nos. 2 to 13 to ply an additional service between Bikaner and Salasar and re-fixing the time table without issuing any notice to the petitioner. The petition has been contested on behalf of respondents 2 to 13.2. In 1958 between Bikaner and Salasar there were three independent routes between Bikaner to Nokha (40 miles), Nokha to Sujangarh (75 miles) and Sujangarh to Salasar (18 miles). The petitioner was an existing operator on Bikaner-Nokha route. In 1958 a number of persons filed applications for grant of permits on Bikaner-Salasar route, overlapping the existing 3 routes. The operators of the existing routes filed objections. The Regional Transport Authority granted 12 permits to the 12 contesting respondents.But in order that the interest of the existing operators on the Bikaner-Nokha, Nokha-Sujangarh and Sujangarh-Sal...


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