Rajasthan Court November 1979 Judgments
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Shiv NaraIn Dhabhai Vs. Commissioner of Wealth-tax and anr.
Court: Rajasthan
Decided on: Nov-12-1979
Reported in: (1980)15CTR(Raj)14; [1980]121ITR224(Raj)
C.M. Lodha, C.J.1. This writ petition under Article 226 of the Constitution of India is directed against the order of the CWT, Jodhpur, dated January 11, 1979 (marked Ex. 14), whereby the Commissioner rejected the petitioner's application under Section 18B of the Wealth-tax Act, 1957 (which will hereinafter be referred to as ' the Act').2. The assessment years under consideration are 1968-69 to 1974-75. The assessee made an application on December 18, 1976, under Section 18B of the Act praying for waiver of penalty in respect of the assessment years referred to above. The Commissioner passed a brief order on this application rejecting the same. The learned counsel for the petitioner has urged the following three points in support of this petition :(i) that no opportunity of personal hearing was afforded to the petitioner before passing the impugned order; (ii) that the impugned order is not a speaking order and no reasons have been recorded in support of the conclusion arrived at by th...
Commissioner of Income-tax Vs. Golcha Properties (P.) Ltd. (In Liquida ...
Court: Rajasthan
Decided on: Nov-09-1979
Reported in: [1980]126ITR809(Raj)
Kasliwal, J.1. The above five applications under Section 256(2) of the I.T. Act, 1961 (hereinafter referred to as 'the Act '), are being disposed of by one common order as common questions of fact and law are involved in all the above five cases except that they relate to five different assessment years, i.e., 1965-66, 1966-67, 1967-68, 1969-70 and 1970-71.2. We shall only mention the facts relevant for the purpose of disposal of these applications.3. M/s. Golcha Properties (P.) Ltd. (in liquidation) (hereinafter referred to as 'the assessee') went into creditors' voluntary liquidation on 4th July, 1966, and, during the pendency of the winding-up proceedings, is being looked after by the official liquidator with effect from 10th May, 1968. The assessee entered into certain contracts with M/s. Dhartidhan Pvt. Ltd. and M/s. Madan's, Bombay, whereby it gave rights to exhibit films at Golcha Cinema, Delhi and Maratha Mandir at Bombay in exchange for fixed weekly rentals. The cinema at Bomb...
Dr. Gannath and 4 ors. Vs. Chiman Lal
Court: Rajasthan
Decided on: Nov-09-1979
Reported in: 1979WLN686
C.M. Lodha, C.J.1. This revision petition by the plaintiff petitioners is directed against the order dated February 24, 1979, by the learned District Judge, Udaipur, whereby the learned District Judge set aside the order by, the Civil Judge, Udaipur, dated December 19, 1978, dismissing the defendant's application under Order IX Rule 13, CPC for setting aside the ex parte decree dated March 26, 1978, against him.2. The relevant facts giving rise to the revision petition may be stated within a narrow compass. The plaintiffs filed a suit for ejectment from a plot of land against the defecdent-non-petitioner in the court of Civil judge, Udaipur, on November 30, 1977. The first date fixed in the case was February 28, 1978, but since the summons issued to the defendant was returned on that date, the case was adjourned to April 24, 1978. On March 8, 1978, the plaintiffs, by way of abundant caution, made an application that in addition to the issue of summons in the Ordinary course, summons ma...
M/S. Brook Bond India Ltd. Vs. State of Rajasthan and anr.
Court: Rajasthan
Decided on: Nov-08-1979
Reported in: 1979WLN(UC)361
S.N. Deedwania, J.1. This application under Section 482 Cr. P.C. is preferred for quashing proceedings under Section 7/1, 6 P.F.A Act against the petitioners in criminal case No. 307/76 pending in the court of the Judicial Magistrate (Railway), Ajmer.2. The facts relevant for the disposal of this petition are that on 30-7-75 Food Inspector P.N. Moga took sample of Bru Instant Coffee from petitioner No. 3 and sent it for cheminal examination. The report of the Chemical Examiner is that the sample did not confirm to the standard prescribed for coffee. Thereafter a complaint was filed against the petitioners.3 I have heard the learned Counsel for the parties It is argued by learned Counsel for the petitioners that the petitioners are being prosecuted with regard to the adulteration of Bru Instant Coffee which is a blend of coffee and chicory Under the P. F.A Act, 1954 and the rules thereunder, the standard has not been prescribed for instant coffee blended with chicory and, therefore, no ...
Surjaram and ors. Vs. the State of Rajasthan
Court: Rajasthan
Decided on: Nov-07-1979
Reported in: 1979WLN(UC)445
K.D. Sharma, J.1. This is an appeal filed by Surjaram, Kesaram & Ramsingh against the judgment of the Additional Sessions Judge, Shri Ganganagar dated 7-11-1974 by which the appellants were convicted under Section 302 IPC and each of them was sentenced to undergo imprisonment for life. Surjaram and Kesa were charged under Section 27 of the Arms Act also but they were not convicted for the said offence.2. The prosecution case in nutshell was as follows :- Bhagwanaram, Moharsingh, Ramchandra and Pusaram were real brothers. They used to live in village Motasara Tehsil Bhadra. They were prosecuted for the offence of murder of Banwarilal brother of Surjaram appellant in the year 1965 along with their father Nanuram, but they were acquitted in that case in the year 1967. This, however, led to enmity and bad blood between them and the appellants Moharsingh was facing trial in a criminal case in the court of Sub-Divisional Magistrate Nohar and so he had gone from his village to attend the cour...
Virendra Bandhu Vs. State of Rajasthan
Court: Rajasthan
Decided on: Nov-02-1979
Reported in: AIR1980Raj241
Dwarka Prasad, J.1. This is an application under Section 96 of the Cr.P.C., 1973 (hereinafter referred to as 'the Code'), challenging the validity of the notification No. F-17 (38) Home 'XIV'/70 dated July 26, 1'975 issued by the State Government of Rajasthan and published in the Rajasthan Rajpatra, Extraordinary dated July 26, 1975, forfeiting the booklet entitled 'Kranti Kiyon Aur Raise' and every copy thereof, purporting to exercise the powers conferred upon it by Sub-section (1) of Section 95 of the Code.2. The case of the petitioner in short is that he is a practising advocate at Jaipur since Feb., 1963 and was also General Secretary of the Civil Liberties Union, Rajasthan and that he wrote a booklet entitled 'Kranti Kiyon Aur Kaise' in the year 1968, which was ordered to be forfeited by the State Government by its order dated July 26, 1975. According to the petitioner, he was arrested on July 4, 1975 and was kept in detention under the provisions of the Maintenance of Internal Se...
Shyam Sunder Vs. the State of Rajasthan
Court: Rajasthan
Decided on: Nov-02-1979
Reported in: 1979WLN(UC)427
S.N. Deedwania, J.1. Appellant Shyamsunder has preferred this appeal against the judgment of Additional Sessions Judge, Sikar, dated May 30, 1973 against his conviction under Section 4(9) IPC and sentence of rigorous imprisonment of 3 years and a fine of Rs. 1001/-, in default of payment of which to further simple imprisonment for 6 months2. The facts according to the prosecution were these. Appellant Shyamsunder was appointed 'Salesman' by the Collector, sikar on 8.8.1964 cm a fixed salary of Rs. 75/- per month The Government Shop was for the sale of grains and other controlled commodities During the tenure of his service, which was for the period of little more tan a year, he sold food-grains sugar etc. to the extent of Rs. 2,50.470 72 However, out of this amount, he deposited only Rs. 2 13,242.98 on 7-5-76 His services were terminated and he was asked to deposit the empty bags The appellant failed to comply with the demand. This led to the scrutiny of the accounts and it was found t...
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