Rajasthan Court July 1979 Judgments
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Balkishan Vs. State Transport Appellate Tribunal, Rajasthan, Jaipur an ...
Court: Rajasthan
Decided on: Jul-21-1979
Reported in: AIR1980Raj234
ORDERM.C. Jain, J.1. The petitioner by this writ petition under Article 226 of the Constitution of India seeks to quash the order of the State Transport Appellate Tribunal, Rajasthan, Jaipur (hereinafter referred to as 'the STAT') dated 31-5-1979 passed in revision No. 39/79 --Amraram v. The Regional Transport Authority, Jodhpur, and others, whereby four temporary permits granted to the petitioner and two others were cancelled.2. In order to appreciate the controversy and points in issue, which need determination in the present writ petition, it is necessary to take into consideration some material facts.3. There is a Nagaur-Khiyala nearly 40 miles long 'C' class route in the Jodhpur region. The route was opened by the Regional Transport Authority, Jodhpur (hereinafter referred to as 'the RTA') vide its resolution No, 79 dated 29-3-1957 and it granted two stage carriage permits to provide one daily return service. The RTA thereafter revised the scope on the said route from 2:1 to 4:2 v...
Assistant Commercial Taxes Officer, Ward B, Vs. National Bricks and Li ...
Court: Rajasthan
Decided on: Jul-21-1979
Reported in: [1980]45STC295(Raj)
Dwarka Prasad,J.1. This reference application under Section 15(3A) of the Rajasthan Sales Tax Act, 1954 (hereinafter called 'the Act'), has been filed by the Assistant Commercial Taxes Officer, Ward B, Alwar Circle, Alwar (hereinafter referred to as 'the assessing authority'), seeking a direction to the Board of Revenue for Rajasthan at Ajmer to state the case and refer to this Court three questions, which are said to arise out of the order of the Board of Revenue, for the opinion of this Court.2. M/s. National Bricks and Lime Industries, Kedal Ganj, Alwar (hereinafter called 'the assessee'), was a partnership firm, which was registered under the Act. The assessment of the aforesaid firm in respect of the assessment years 1964-65 and 1965-66 were completed by the assessing authority on 17th June, 1969, and an assessment order was passed. Thereafter, an appeal was preferred before the Deputy Commissioner, Commercial Taxes (Appeals II), Jaipur, by Shri Badri Prasad, one of the partners, ...
The State of Rajasthan Vs. Balbir Singh and anr.
Court: Rajasthan
Decided on: Jul-21-1979
Reported in: 1979WLN501
K.D. Sharma, J.1. D.B. Criminal Appeal No. 245/79 filed by Bholasingh and Balbirsingh, D.B. Criminal Jail appeal No. 246/79 preferred by Bholasingh and D.B. Criminal Jail Appeal No. 247/79 filed by Balbirsingh are directed against one and the same judgment of the learned Additional Sessions Judge No. 2, Hanumangarh whereby Bholasingh and Balbirsingh appellants were convicted under Section 302 IPC and each of them was sentenced to death subject to confirmation thereof by the High Court. The Additional Sessions Judge No. 2, Hanumangarh also has submitted the proceedings before us for confirmation of the sentences of death awarded by him to both the aforesaid appellants. This reference is D.B. Criminal Murder Reference No. 1 of 1979 The State of Rajasthan v. Balbirsingh and Anr. As the murder reference and the three appeals arise out of one and the same judgment of the learned Additional Sessions Judge No. 2 Hanumangarh and as common questions of Jaw and fact do arise for consideration in...
Jabbar Mal Duggar Vs. Union of India (Uoi) and ors.
Court: Rajasthan
Decided on: Jul-20-1979
Reported in: [1980]123ITR276(Raj); 1979()WLN362
C.M. Lodha, C.J. 1. By this petition under Article 226 of the Constitution of India, the petitioner has challenged the correctness of the order dated April 14, 1975, by the Central Board of Direct Taxes (annex. ' G ') and also order dated June 7/9, 1975, passed by the Controller of Estate Duty, Rajasthan I, Jaipur (annex. ' I '), under Section 64(7) of the Estate Duty Act, 1953 (hereinafter to be referred to as 'the Act'), whereby the said authorities refused the petitioner's prayer for payment of interest on the amount overpaid as estate duty.2. The petitioner is the son of the deceased, Budh Mal Duggar, who expired on March 17, 1954. The petitioner and his mother, Smt. Dhanni Devi, widow of Budh Mal Duggar, being the accountable persons, furnished an account of the property owned by the deceased, Budh Mal. The Dy. CED, Delhi, held that the entire property left by the deceased, Budh Mal, would be deemed to have passed on his death to the accountable persons. Accordingly, the Deputy Co...
Pyarelal Vs. Ramchandra and ors.
Court: Rajasthan
Decided on: Jul-20-1979
Reported in: 1979WLN591
S.K. Mal Lodha, J.1. Pyarelal, who was originally defendant No. 16 in the suit has lodged this revision application against the order of the Munsif, Bilara, dated May 18, 1976 by which, issue No. 7 was decided against him. The plaintiffs son petitioners No. 1 and 2 instituted a suit for redemption of house situate at Pipar City, in the Court of Munsif, Bilara on January 24, 1969. The redemption was sought on the basis of the registered mortgage dated June 23, 1922. The suit for redemption was filed originally against 16 defendants. It was averred in para 3 of the plaint that the house in question was mortgaged with Jamnadass and Mohanlal, who had died and their legal representatives (heirs) are defendants No. 1 to 13. The mortgagee rights were transferred to defendants No. 14 and 15. Defendant No. 16(petitioner) is said to be in possession of the mortgaged house on behalf of defendants No. 14 and 15. It is also stated in para 3 of the plaint that the original mortgagor, Mohanlal has al...
Commissioner of Income-tax (Central) Vs. Prem Raj Daulatram
Court: Rajasthan
Decided on: Jul-19-1979
Reported in: [1981]130ITR459(Raj)
Dwarka Prasad, J.1. The short question, which arises for consideration in this case is as to whether the quantum of penalty imposable under Section 271(1)(a) of the I.T. Act, 1961, could be reduced on the analogy of the provisions of the Indian I.T. Act, 1922, in cases relating to assessments for the year ending March 31, 1962, or earlier years, which were completed after April 1, 1962.2. M/s. Prem Raj Daulat Ram of Nawalgarh (hereinafter referred to as ' the assessee ') was assessed to income-tax as an HUF. The ITO issued a notice under Section 22(2) of the Indian I.T. Act, 1922 (hereinafter referred to as ' the old Act ') requiring the assessee to file its return for the assessment year 1958-59, which was served on him on June 7, 1958. The assessee failed to file the return within the time allowed by the aforesaid notice and he also failed to 'apply for the extension of time for the submission of the return. Subsequently, the assessee filed the return for the relevant assessment year...
Raghubir Singh and anr. Vs. the Board of Revenue for Rajasthan and ors ...
Court: Rajasthan
Decided on: Jul-19-1979
Reported in: 1979WLN481
C.M. Lodha, C.J.1. These are two connected writ petitions which can be conveniently disposed of by a single order. Writ petition No. 681 of 1978 is by the father Raghubir Singh while Writ Petition No. 769 of 1979 is by his minor son Surendrapal Singh through his next friend Shri Jagjit Singh, maternal grand-father of the minor. The relief claimed in both the petitions is the same, namely, that the order dated August 6, 1977, by the Board of Revenue for Rajasthan, Ajmer, (marked Annx. 3) be set aside.2. Briefly stated, the facts of the case are that proceedings under Chapter III-B of the Rajasthan Tenancy Act (Act No. 3 of 1955) (which will hereinafter be called the Act of 1955) were commenced for determining the ceiling area for the petition Raghubir Singh. The Sub-Divisional Officer Hanumangarh, by his order dated August 10, 1972, determined the Ceiling area, but the Revenue Appellate Authority, on appeal by Raghubir Singh, set aside the order of the Sub-Divisional Officer on March 6,...
Ghanshyam Chandra Mathur Vs. the State of Rajasthan and Two ors.
Court: Rajasthan
Decided on: Jul-19-1979
Reported in: 1979WLN773
P.D. Kudal, J.1. This writ petition is directed against the order of the State Government, No. F. 31(1) Jud/77 dated 27th May, 1978, whereby Shri Radha Kishan Rastogi, respondent No. 3, was appointed as Advocate General for the State of Rajasthan.2. The contention of the learned Counsel for the petitioner is that in pursuance of Article 165 of the Constitution of India, the Government of each State shall appoint a person who is qualified to be appointed as Judge of a High Court to be Advocate General for the State Sub-clause (2) of Article 165 lays down the duties of Advocate General The qualifications for being appointed as a Judge of the High Court have been numerated in Article 217 of the Constitution of India. The contention of the learned Counsel for the petitioner is that Article 217(1) provides that the age of superannuation for a Judge of the High Court would be the age of 62 years. His contention is that as academic and other qualifications apply to the post of Advocate Genera...
Shamim Bano Vs. the Union of India (Uoi) and ors.
Court: Rajasthan
Decided on: Jul-17-1979
Reported in: AIR1980Raj98
ORDERP.D. Kudal, J. 1. This writ petition is directed against the order of deportation of the four minor children of Mst. Shamim Bano, the petitioner. 2. The brief facts of the case which are relevant for the disposal of this writ petition are that the petitioner is a citizen of India. Her father resides at Macca. The petitioner went to Macca on an Indian passport which is valid up to 1983. 3. On 28-2-1975, the petitioner married one Mirza Aziz Beg, a Pakistani national. Out of this marriage four children were born. The youngest son is said to be about 6 months' old, while the eldest daughter is said to be 3 years and 9 months' old. The petitioner came to India along with four children and her husband on 21st March, 1979. The petitioner was travelling on an Indian passport, while her husband and her four children came to India on a passport issued by the Pakistan Government. The visa which was issued by the Indian authorities permitted their stay in this country up to 20th May, 1979. 4...
Parkha Vs. Jawan Mal
Court: Rajasthan
Decided on: Jul-16-1979
Reported in: 1979WLN(UC)515
M.C. Jain, J.1. This revision petition is directed against the order dated June 26-1978, passed by the District Judge, Jalore, whereby the application presented by the present petitioner before the District Judge, Jalore, under Section 4 of the Rajasthan Schedule Debtors (Liquidation of Indebtedness) Act, 197S (hereinafter referred to as the 'Scheduled Debtors Act'], was rejected.2. The facts, in brief, are that the Debt Relief Court passed a decree on September 4, 1974, against the petitioner and four others. Dissatisfied with the same a revision petition was preferred under Section 17 of the Rajas-than Relief of Agricultural Indebtedness Act, 1957, (hereinafter referred to as the 'Debt Relief Act''). Before the Revisional Court the present petitioner moved an application under Section 4 of the Scheduled Debtors Act. An objection was raised by the respondent decree holder that the proceedings can only abate if the same are pending against the Scheduled Debtors. The revision petition i...
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