Rajasthan Court May 1969 Judgments
Commissioner of Income-tax, Delhi and Rajasthan Vs. Mazdoor Kisan Sahk ...
Court: Rajasthan
Decided on: May-06-1969
Reported in: AIR1970Raj252; [1970]75ITR253(Raj); 1969()WLN365
Bhandari, C.J. 1. The Income-tax Appellate Tribunal Bench 'B' (hereinafter called the Tribunal) has made this reference under Section 66 (1) of the Indian Income-tax Act, 1922 (hereinafter called the Act) on the ap-plications filed by the Commissioner of Income-tax, Delhi and Rajasthan and the as-sessee Messrs. Mazdoor Kisan Sahkari Samiti, village Bhadu, District Bhilwara.2. The statement of the case submitted to this Court by the Tribunal shows that the assessee was a co-operative society registered under the Co-operative Societies Act in the year 1949. The assessee was doing business of mining mica in the State of Rajasthan from the year 1952. Up to and including the assessment year 1960-61 no assessments were made of the incomes of assessee because the tax was not payable by a co-operative society in respect of profits and gains of business carried on by it by virtue of Section 14 (3) of the Act. But there was an amendment of Section 14 (3) of the Act in the year 1960 and the exemp...
Tag this Judgment!inderjeet Singh Vs. Maharaj Raghunath Singh and ors.
Court: Rajasthan
Decided on: May-03-1969
Reported in: AIR1970Raj278; 1969()WLN238
ORDERJagat Narayan, J.1. This is a revision application by one of the defendants against an order of the trial court allowing the plaintiffs to produce evidence in rebuttal of the evidence produced by the defendants on issues 3, 4 and 5.2. The dispute is relating to the properties which formerly belonged to the late Maharaja Guman Singh, who was the grandson of Maharaja Takhat Singh, Ruler of Jodhpur State. Guman Singh had 3 sons, Narpat Singh, Amar Singh and Raghunath Singh, out of whom Narpat Singh is the eldest. Narpat Singh has a son Inderjit Singh. During the life-time of Guman Singh, Narpat Singh took a second wife against the wishes of his father and was disinherited by him and Inderjit Singh was appointed as his successor. After the death of Guman Singh, Inderjit Singh was regarded as a successor. Narpat Singh was then alive. Maji Sahiba Smt. Jawahar Kanwar was appointed as his guardian and Raghunath Singh was appointed as the manager of the estate.3. The present suit was insti...
Tag this Judgment!Krishan Chand Kapur Vs. Kishanchand Mehra and anr.
Court: Rajasthan
Decided on: May-02-1969
Reported in: 1969WLN261
C.M. Lodha, J.1. This is a plaintiff's second appeal in a suit for arrears of rent and ejectment.2. The case of the plaintiff Krishan chand Kapur is that a house known as Krishan Bhawan situated at Babu Mohalla, Kaisarganj in the city of Ajmer belongs to them. There are several blocks in this house and the whole of block No. 5 was rented out to defendant No. 1 Kishanchand Mehra on a monthly rent of Rs. 27/-. The plaintiff brought a suit for ejectment on August 31, 1961 against the defendant No. 1 in the court of Munsif, Ajmer City which resulted in a compromise and the defendant No. 1 agreed to enhance the monthly rent from Rs. 27/-to Rs. 38/-, It is alleged by the plaintiff that the defendant No. 1 kept defendant No. 2 as a subtenant in a part of block No. 1 and used to realise rent at the rate of Rs. 19/-, per month from him. The portion occupied by defendant No. 2 as sub-tenant consisted of three rooms and a Kitchen on the ground floor. The plaintiff's case is that when defendant No...
Tag this Judgment!Gangadas Vs. Moolchand
Court: Rajasthan
Decided on: May-02-1969
Reported in: 1969WLN248
Jagat Narayan, J.1. This is an appeal by one Gangadas against an order of the District Judge, Jodhpur dismissing his objection to the grant of probate of a will alleged to have been executed by one Haridas deceased in favour of Mool-Chand respondent.2. Gangadas is the real brother of Haridas. If the will is not proved to have been duly executed, then Gangadas will inherit the property of Haridas.3. Moolchand filed an application for grant of a probate in respect of the will Gangadas filed an objection on 1-9-67 against the grant of probate on the ground that the will was a forged on and on the ground that he was the nearest heir of Haridas who was entitled to succeed to his property. No affidavit was filed -within 14 days of the filing of this objection. On 11-11-1967 Mool Chand filed an application that as no affidavit had been filed within 14 days of the filing of the caveat as required by Rule 777 of the Rajasthan High Court Rules, the caveat should de discharged. Gangadas filed an ...
Tag this Judgment!Ram Charan Vs. Triloki Nath
Court: Rajasthan
Decided on: May-01-1969
Reported in: 1969WLN213
Jagat Narain, J.1. This is an execution Section A. by the Judgment-debtor against an appellate order of the District Judge, Ajmer dismissing his objection cannot be, executed against him on account of the provisions contained in Sections 29, 72 and 73 of the Rajasthan Public Trusts Act, 1959.2. The premises in respect of which the decree for arrears of rent and eviction has been obtained belong to a deity. The suit was instituted by the Shebait in 1957. It was decreed by the trial court on 22-9-60. The first appeal was dismissed on 18-12-61 and the second appeal on 10-7-65. The Public Trusts Act, 1959 was first, published in the Rajasthan Gazette dated 28-10-59. Sections 29, 72 and 73 came into force on 1st July, 1962. These Sections run as follows:Section 29 : Bar against suits by unregistered trust:(1) No suit to enforce a right on behalf of a public trust which is required to be registered under this Act but has not been so registered shall be heard or decided in any court.(2) The p...
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