Rajasthan Court October 1980 Judgments
Mahavir Prasad JaIn Vs. the State of Rajasthan and ors.
Court: Rajasthan
Decided on: Oct-30-1980
Reported in: 1980WLN(UC)417
S.N. Deedwania, J.1. This writ petition under Article 226 of the; Constitution has been filed by petitioner Mahaveer Prasad Jain against the State of Rajasthan The Director of Industries, Government of Rajasthan, Jaipur and Mahaveer Prasad Pareck in the following circumstances.2. The petitioner was alloted a plot of land No. 2 & 5 at Village Talchhapur for manufacture of Salt under the Rajasthan Land Revenue (Saline Areas Allotment) Rules, 1976'(hereinafter referred to as 'the Rules') framed by the Government of Rajasthan in exercise of his powers conferred under Sub-Section (2) of Section 261 of the Rajasthan land Revenue Act (hereinaf.er (sic)rofrrd to as 'the Act') The petitioner was delivered possession of the land in dispute on 31-12-1975 vide order Ex. A l. The Slate Government also executed a lease deed (Ex 2) of the land in favour of (he petitioner for a period of 10 years. Toe petitioner started the work on the laud and spent about Rs. 8, 000/. The petitioner was restrained fr...
Tag this Judgment!Kota Steel Re-rolling Mills Pvt. Ltd. Vs. Commercial Taxes Officer and ...
Court: Rajasthan
Decided on: Oct-27-1980
Reported in: [1982]49STC80(Raj)
N.M. Kasliwal, J.1. The learned counsel for the parties submitted that the reference application itself be decided on merits.2. This petition under Section 15(2) of the Rajasthan Sales Tax Act, 1954, has been filed by M/s. Kota Steel Re-rolling Mills (P.) Ltd., Kota (hereinafter referred to as 'the assessee'), for giving a direction to the Board of Revenue to refer the following question along with the statement of the case :Whether the sale of flat bar on the proper interpretation of the notification dated 1st July, 1975, and Section 14 of the Central Sales Tax Act falls within the category of iron and steel 3. Brief facts leading to this petition are that the assessee is a manufacturer of iron and steel of re-rolling mill. The assessee purchases ingots and billets as the raw material and makes flat bars of different sizes after re-rolling them. The flat bars are sold by the assessee by charging tax at 4 per cent under the notification dated 1st July, 1975. The assessee moved an appli...
Tag this Judgment!Umed Singh Rathore Vs. State of Rajasthan and anr.
Court: Rajasthan
Decided on: Oct-24-1980
Reported in: 1981CriLJ986
ORDERG.M. Lodha, J.1. Umed Singh, petitioner has filed this contempt petition for disobedience of the following order of this Court dated 31-3-1977 in S. B. Civil Misc. Stay Appl. No. 52/77 in Writ No. 58/77.Issue notice of the stay application. The petitioner-appellant has already complied with the provisions of Sub-clauses (a) and (b) of Clause (4) of Article 226 of the Constitution by furnishing copies of the petition and relevant documents to the learned Counsel for the State on March 17, 1977. In the meantime the respondents are restrained from giving effect to and acting upon 'Notification No. GSR 168 dated Dec. 30, 1976 (Ex. 1) and advertisement dated Jan. 15, 1977 (Ex. '2').The learned Deputy Govt. Advocate accepts notice of the stay application.Put up after two weeks as prayed by learned Deputy Government Advocate.2. This order was passed in the presence of the Deputy Government Advocate and after hearing him. The copies of the writ petition and stay petition were earlier serv...
Tag this Judgment!Kulwant Singh Vs. Regional Transport Authority Udaipur Region and ors.
Court: Rajasthan
Decided on: Oct-24-1980
Reported in: 1980WLN(UC)398
S.C. Agrawal, J.1. In this writ petition the petitioner Shri Kulwant Singh is seeking to challenge the resolution dated 21-5-80 passed by the Regional Transport Authority, Udaipur (hereinafter referred to as the R.T.A) where by a temporary permit was sanctioned to three persons, including Shri Biharilal respondent no 2, on the Udaipur to Pratapgarh route via Dibari gate, Meetha Neem, Bhatewar Kharoda and Boinder.2. The petitioner holds a non-temporary permit on the aforesaid route. The permit that was originally granted to the petitioner was on the Udaipur Pratapgarh route via Debatigate, Daroli, Bhatewar, Kharoda and Blander On account of the schemes for nationalisation of motor transport on the Udaipur Bhatwara route and the Udaipur Ajmer route notified under Section 68 D of the Motor Vehicles Act, the route of the petitioner was curtailed and the portion from Uiaipur to Bhatawar was excluded with effect from 20.h October, 1975 Subsequently the petitioner was granted extension of the...
Tag this Judgment!Dalu Singh Vs. Stat and ors.
Court: Rajasthan
Decided on: Oct-23-1980
Reported in: 1980WLN(UC)531
S.C. Agarwal, J.1. In this writ petition filed under Article 226 of the Constitution of India the petitioner Dalusingh has prayed that a writ of certiorari may be issued to set aside the order dated 23rd August, 1980, passed by the State Transport Appellate Tribunal Jaipur, (hereinafter referred to as the Tribunal).2. Nokha-Kolayat route is a 'C' class route lying within the Bikaner region. In the year 1968, a scope of three permits with two return services daily was fixed for the said route. After taking into consideration the report of the Evaluation Committee of the Planning Department the Regional Transport Authority, Bikaner (hereinafter referred to as the RTA), by its resolution dated 15th March, 1980, decided to increase the scope on the said route to six permits with four return services daily. As a result of the aforesaid increase in the scope three vacancies occurred and a temporary permit was issued by the RTA in favour of the petitioner on 8th May, 1980. The RTA also issued...
Tag this Judgment!Mohommed Rafique Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Oct-22-1980
Reported in: 1980WLN(UC)435
S.C. Agarwal, J.1. In this writ petition filed under Article 226 of the Constitution of India, the petitioner, Mohammed Refique, is seeking to challenge the admission of Respondents Nos. 4 and 5, Shri Sharvan Singh and Shri Shri Gopal Singh, in the Bachelor of Veterinary Science and Animal Husbandary (B.V Sc. and A.H.) Course at the College of Veterinary and Animal Science, Bikaner (hereinafter referred to as the College) in the academic year 1979-80.2. The College is affiliated with University of Udaipur and it admits students for the B.V. Sc. and A.H. course of the University of Udaipur. A notice prescribing the admission procedure containing rules of admission for the year 1979-80 was issued by the College. In the said rules of admission the conditions for eligibility for admission to the various courses run by the College, including the B.V. Sc. and A.H. course, were set out. For candidates seeking admission in the B.V. Sc. and A.H. Course,, it was prescribed that they should have ...
Tag this Judgment!Girdhari Singh Vs. State of Rajasthan
Court: Rajasthan
Decided on: Oct-15-1980
Reported in: 1980WLN(UC)521
D.P. Gupta, Actg C.J.1. This writ petition has come up before us on a reference made by a learned Single Judge of this Court.2. The petitioner entered Government service in the State of Rajasthan on September 1, 1954 arid after working on various posts he came to be appointed as Assistant traffic Inspector in the Roadways Department by order dated January 17, 1961 After he was selected for the aforesaid post by the Rajasthan Public Service Commission, he was confirmed in the said post on August 11, 1964. While the petitioner was working in the Roadways Department of the State Government, the Rajasthan State Road Transport Corporation (hereinafter called 'the Corporation') was constituted and the services of the petitioner along with several other employees were placed on deputation at the disposal of the Corporation. The order of the State Government, by which the services of the petitioner and others were placed at the disposal of the Corporation specifically provided that for the dur...
Tag this Judgment!Suresh Kumar Bagaria Vs. University of Rajasthan and anr.
Court: Rajasthan
Decided on: Oct-14-1980
Reported in: AIR1981Raj188
ORDERG.M. Lodha, J.1. Suresh Chand Bagariva petitioner, passed his Secondary examination in the First Division in the year 1977. In the Higher Secondary examination, he got Second Division obtaining 57.25% marks in the year 1978.2. According to Appendix 'A1, petitioner always obtained First Division marks in English from 6th to llth Class and it ranges from 64% to 82%.3. The petitioner appeared in the First year T. D. C. (Commerce) examinations, 1979. The examination of the English paper was held on 19-5-79, and the examinations were over by 22-5-1979. The result was declared on 18th August, 1979 but the petitioner's result was withheld.4. The petitioner's father sent a letter on 27th August 1979 enquiring about the reasons and requested for declaration of the result. The University of Rajasthan by a letter dated 8th September, 1979 conveyed that the petitioner has been caught using unfair means and therefore, the result has been withheld. Petitioner then sent letter dated 4-9-1979 whi...
Tag this Judgment!Abani Kumar Mukherjee and ors. Vs. Nand Kishore and ors.
Court: Rajasthan
Decided on: Oct-14-1980
Reported in: AIR1981Raj160
1.This is Civil Miscellaneous Appeal against the Order dated, September 20, 1980 of the learned Additional District Judge No. 5, Jaipur City allowing the application of plaintiff-respondents Nos. 1 and 2 under Order 40, Rule 1, C. P. C.2. The facts relating to this miscellaneous appeal are these. Hotel 'Kanti Chandra Palace' is a registered partnership concern. A partnership deed was executed on September 15, 1976. The parties are all partners of the said firm. Appellant No. 1, Abani Kumar Mukherjee, is the owner of land and building. He agreed to lease out land and building measuring 25'00 sq. yards situated at Hathi Babu-ka-bagh, Station Road. Jaipur including 3000 sq. ft. underground for the business of the Firm and he was to receive a sum of Rs. 2000/- p .m. as the lease money and was also to be a partner to share the profits and losses. Respondents Nos. 1 and 2 were required to invest a sum of about Rs. 2 lacs in the additions alterations and furnishing of the hotel 'Kanti Chandra...
Tag this Judgment!Western Indian State Motors Vs. the Board of Revenue and ors.
Court: Rajasthan
Decided on: Oct-14-1980
Reported in: [1982]50STC89(Raj)
N.M. Kasliwal, J.1. This writ petition by M/s. Western Indian State Motors, Mirza Ismail Road, Jaipur (hereinafter referred to as 'the assessee'), is directed against the orders of the Board of Revenue dated 16th October, 1976, and 19th September, 1977, on applications under Section 17 of the Rajasthan Sales Tax Act, 1954 (hereinafter referred to as 'the Act').2. Brief facts of the case are that the petitioner-assessee was assessed under Section 10 of the Act by the Commercial Taxes Officer, Special Circle I, Jaipur, for the assessment year 1967-68. The said Commercial Taxes Officer then after issuing a notice to show cause under Section 16(1)(b) of the Act and under Section 11-B of the Act and after receiving the written objections, by his order dated 20th August, 1971, inflicted Rs. 22,653.34 as penalty under Section 16(1)(b) and inflicted a further sum of Rs. 6,686.78 as interest. The petitioner-assessee filed a revision in the Board of Revenue against the order of imposition of int...
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