Rajasthan Court April 1979 Judgments
The Rajasthan State Electricity Board Vs. the State of Rajasthan
Court: Rajasthan
Decided on: Apr-30-1979
Reported in: [1980]45STC201(Raj)
Dwarka Prasad, J.1. These two references have been made by the Board of Revenue for Rajasthan at Ajmer under Section 15 of the Rajasthan Sales Tax Act, 1954 (hereinafter referred to as 'the Act'), at the instance of the assessee, the Rajasthan State Electricity Board, Jaipur (hereinafter referred to as 'the Electricity Board'). The Rajasthan State Electricity Board is a corporation engaged in the generation and distribution of electrical energy in the State of Rajasthan, and is registered as a dealer under the Act and the Central Sales Tax Act, 1956 (hereinafter referred to as 'the Central Act'). Registration certificates were granted by the Sales Tax Officer, B Circle, Jaipur, to the Electricity Board on the basis of which it was entitled to purchase goods against C forms. The Electricity Board imported certain goods against C forms in the State of Rajasthan on payment of concessional rate of tax under the Central Sales Tax Act. But the Sales Tax Officer objected to the purchase of ty...
Tag this Judgment!Rajpal Singh and ors. Vs. the State of Rajasthan and ors.
Court: Rajasthan
Decided on: Apr-30-1979
Reported in: 1979WLN(UC)168
S.C. Agrawal, J.1. All these writ petitions raise a common question with regard to the validity of the cider dated 30th April, 1978 passed by the Collector, Sri Ganganagar and therefore, all these petitions are being disposed of by a common judgment.2. In Rajpal Singh and Anr. v. State of Rajasthan and Ors. (S.B. Civil Writ Petition No. 361/78), the petitioners are the vendees of 25 Bighas of land in square No. 50 Chak 9 MN Tehsil Padampur, under a registered sale deed dated J7th February, 1972, executed by Sukhram respondent No. 5. It appears that the vendor Sukhram, respondent No. 5, has filed a suit under Section 183 of the Rajasthan Tenancy Act, 1955, (hereinafter referred to as the 'Act'), for ejectment of the petitioners, in the court of the Sub Divisional Officer Karanpur (Revenue), District Sri Ganganagar, with the allegation that he belongs to a Schedule Caste and that the sale deed executed. by him an favour of the petitioners, who are by caste Hindus is void under Section 42...
Tag this Judgment!Tinsukhia Flour Mills Tinsukhia (Assam) and anr. Vs. Shiv Prakash and ...
Court: Rajasthan
Decided on: Apr-28-1979
Reported in: 1979WLN486
C.M. Lodha, C.J.1. This is an appeal by the owner of the vehicle and the Insurance Company under Section 110D of the Motor Vehicles Act, 1939 from the award dated 27th October, 1971 by the Member, Motor Accidents Claims Tribunal, (District Judge), Jaipur City' Jaipur, whereby the learned Member directed that an amount of Rs. 55.000/- be paid to the respondent Shivprakash as damages on account of the injuries caused to him in the course of an accident, which took place on 25-7-1968 in the city of Jaipur, while the said respondent was being carried on the carrier of a cycle driven by his servant. The respondent's case, as set out in the claim petition, was that while he was being taken on the carrier of the cycle by his servant Ratanlal from the Gujarati Samaj School, the motor car No. ASE 4105 belonging to M/s. Tisukhia Flour Mills, which was being driven by Prabhu Dayal, dashed against the cycle on the wrong side, as a result of which the respondent fell down and was run over by one of...
Tag this Judgment!R.R.P. Bhatnagar Vs. the State of Rajasthan and ors.
Court: Rajasthan
Decided on: Apr-27-1979
Reported in: 1979WLN765
G.M. Lodha, C.J.1. Petitioner R.R.P. Bhatnagar has filed this writ petition praying that the proviso to Rule 9 of the Rajasthan Higher Judicial Service Rules be declared to be invalid and ultra vires of Article 236(b) of the Constitution of India. He has further prayed that the orders Annexures 2 and 3 dated 17-12-1975 appointing Shri S.D. Godara and Shri N.L. Chhangani as Additional District Judges and an order dated 13-7-1976 appointing Shri G.L. Acharya and Shri R.C. Sud as Addl. District Judges be set aside and quashed. A further prayer has been made that the respondents No. 1 and 2 State of Rajasthan and the High Court of Judicature for Rajasthan Jodhpur, be directed to consider the candidature of the petitioner along with other persons, of judicial service who are persons exclusively intended to fill the post of District Judge and lastly it has been prayed that a direction may be issued that in future all posts Additional District Judges & p strict Judges in the Rajasthan High fo...
Tag this Judgment!Mahendra Mathur Vs. University of Udaipur and ors.
Court: Rajasthan
Decided on: Apr-27-1979
Reported in: 1979WLN(UC)196
S.C. Agrawal, J.1. Mahendra Mathur, the petitioner in this writ petition filed under Article 226 of the Constitution is a student of the University of Udaipur (hereinafter referred to as 'the University'). He joined the postgraduate course for obtaining the degree of Master of Science in Chemistry of the University in the year 1976. The aforesaid postgraduate course is of a duration of two years consisting of four semesters. The petitioner has passed the First and the Second Semester examinations. The third Semester examination commenced from 10th April, 1978 The petitioner is reported to have used unfair means at the examination of course No. 611, Chemical Bonding held on 10th April, 1978. On 28th July, 1978, the Registrar of the University sent a communication to the petitioner, wherein it was stated that the Centre Superintendent had made a report on 10th April' 1978, alleging that the petitioner was caught red handed while using a small sheet of white paper in the examination of Co...
Tag this Judgment!Maharaja Shri Umaid Mills Ltd. Vs. Commissioner of Income-tax and ors.
Court: Rajasthan
Decided on: Apr-26-1979
Reported in: [1980]121ITR641(Raj)
C.M. Lodha, C.J.1. By this petition under Article 226 of the Constitution, the petitioner has prayed that an appropriate writ, direction or order may be issued setting aside the proceedings before the AAC, Jodhpur Range, Jodhpur, initiated under Section 154 of the I.T. Act, 1961, for the alleged rectification and cancellation of the order of the AAC, Jodhpur Range, Jodhpur, dated April 26, 1978.2. It appears that the ITO passed an assessment order in respect of the assessee-petitioner for the assessment year 1973-74 on March II, 1974. Aggrieved by the ITO's order, the assessee filed an appeal before the AACof Income-tax, A-Range, Jodhpur. While disposing of the appeal by his order dated April 26, 1978, the AAC held that the assessee-company is entitled to deduction of the full amount of Rs. 48,17,760 on account of the provision of gratuity as per provisions of Section 40A(7) of the 1961 Act. Aggrieved by the aforesaid direction of the AAC, the ITO filed an appeal before the Income-tax ...
Tag this Judgment!Chuhar Mal Sadhu Mal Commission Agent Vs. the State of Rajasthan and a ...
Court: Rajasthan
Decided on: Apr-26-1979
Reported in: 1979WLN(UC)207
S.C. Agrawal, J.1. M/s Chuharmal Sadhumal the petitioner in this writ petition filed under Article 226 of the Constitution, carries on business as Commission Agent at Abu Road. The Municipal Board, Abu Road respondent No. 2 in this writ petition, is a Municipality governed by the provisions of the Rajasthan Municipalities Act, 1959 (hereinafter referred to as 'the Act'). Section 104 of the Act provides for imposition of obligatory taxes including octroi on goods and animals brought within the limits of the Municipality for consumption use or sale there in. In exercise of the powers conferred under Section 104 of the Act, the State Government has issued a notification, directing the Municipal Board, Abu Road, to levy an octroi on goods and animals brought within the limits of the Municipal Board, Abu Road for consumption, use or sale therein at the rate specified in the schedule annexed to the said notification. In the said schedule, the following rates of octroi duty have been prescrib...
Tag this Judgment!Shri NaraIn ors. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Apr-24-1979
Reported in: 1979CriLJ1207; 1979()WLN307
K.S. Sidhu, J.1. Shri Narain and Lachh-man, sons of Shiv Prashad, residents of village Mahurpura, P. S. Bandikui, were tried by the learned Additional Sessions Judge, Dausa on the charge of murder of Bakshi Gujjar, a co-villager, punishable under Section 302, Indian Penal Code and of causing hurt to Mulchand and Ram Chand, residents of the same village, punishable under Section 323, Indian Penal Code. By his order, dated December 1, 1975, the learned Judge convicted the two brothers of the charge of murder and sentenced each of them to imprisonment for life under Section 302, Indian Penal Code. They were acquitted, by implication, of the other charge under Section 323, Indian Penal Code.2. The case of the prosecution which resulted in the conviction and sentence of Shri Narain and Lachhman, as aforementioned, is that on July 17, 1974, at about 8 or 8-30 A.M., a quarrel took place between the two accused on one side and their brother Ramchandra P. W. 8, on the other, and that the quarre...
Tag this Judgment!Tinsukhia Flour Mills, Tinsukhia (Assam) and anr. Vs. Shiv Prakash and ...
Court: Rajasthan
Decided on: Apr-23-1979
Reported in: AIR1979Raj162
Lodha, C.J.1. This is an appeal by the owner of the vehicle and the Insurance Company under Section 110-D of the Motor Vehicles Act, 1939 from the award dated 27th Oct., 1971 by the Member Motor Accidents Claims Tribunal, (District Judge), Jaipur City, Jaipur, whereby the learned Member directed that an amount of Rs. 55,000/- be paid to the respondent Shivprakash as damages on account of the injuries caused to him in the course of an accident, which took place on 25-7-1968 in the city of Jaipur, while the said respondent was being carried on the carrier of a cycle driven by his servant. The respondent's case, as set out in the claim petition, was that while he was being taken on the carrier of the cycle by his servant Ratanlal from Gujarati Samaj School, the motor car No. A.S.E. 4105 belonging to M/s. Tinsukhia Flour Mills, which was being driven by Prabhu Dayal, dashed against the cycle on the wrong side, as a result of which the respondent fell down and was run over by one of the whe...
Tag this Judgment!Amra Vs. the State of Rajasthan
Court: Rajasthan
Decided on: Apr-21-1979
Reported in: 1979WLN(UC)151
S.N. Deedwania, J.1. Convict Amra preferred, this appeal against the judgment of the Sessions Judge, Balotra, dated 28th April, 1973, whereby he was convicted and sentenced to life imprisonment & a fine of Rs. 200/-, in default of which, to suffer rigorous imprisonment for two months, under Section 302 IPC By the same judgment, however, accused Deda was acquitted of the offences under Section 302/34, 379 IPC.2. The prosecution case was as under: In the noon of 5-7-72, deceased Mota was ploughing his field with the help of his nephew Banka. PW 4 Mst. Kohli was clearing the field at a distance of 15 to 20 steps. Appellant Amra was also ploughing his field at a distance of 15 to 20 steps. Deda came there & asked Mota that he should go with him to Amra & compromise the dispute with regard to their fields. When Mota reached near Amra, the latter gave axe blows to the former. Mota was fatally injured and his head was severed from the body. Amra, Mota and Deda were brothers. After the inciden...
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