Rajasthan Court May 1981 Judgments
Vimal Chandra Golecha Vs. Income-tax Officer and ors.
Court: Rajasthan
Decided on: May-15-1981
Reported in: 1981()WLN263
Sidhu, J.1. This is an application under Article 226 of the Constitution of India for the issue of directions, orders or writs in the nature of certiorari, prohibition and mandamus to the ITO, Central Circle I, Jaipur, the IAC (Assessment)-I, Jaipur, and the Union of India, respondents Nos. 1, 2 and 3, respectively, for bringing up the record of the proceedings of reassessment of the petitioner's income for the assessment year 1977-78, held under Section 147 of the I.T. Act, 1961 (hereinafter called 'the Act'), and quashing, (i) the reassessment order, dated February 12, 1981, made thereunder, (ii) the notice dated April 11, 1980, issued under Section 148 of the Act, and (iii) three separate orders of provisional attachment dated August 11, 12 and 23, 1980, passed under Section 281B of the Act, and also restraining the respondents from taking any action against the petitioner, or in relation to his property, to enforce these notices and orders. In addition to this multiple relief, the ...
Tag this Judgment!Vimal Chandra Golecha Vs. Income-tax Officer, Central Circle-i, and Ot ...
Court: Rajasthan
Decided on: May-15-1981
Reported in: (1982)25CTR(Raj)175; [1982]134ITR119(Raj)
SIDHU J. - This is an application under art. 226 of the Constitution of India for the issue of directions, orders or writs in the nature of certiorari, prohibition and mandamus to the ITO, Central Circle I, Jaipur, the IAC (Assessment)-I, Jaipur, and the Union of India, respondents Nos. 1, 2 and 3, respectively, for bringing up the record of the proceedings of reassessment of the petitioners income for the assessment year 1977-78, held under s. 147 of the I.T. Act, 1961 (hereinafter called 'the Act'), and quashing, (i) the reassessment order, dated February 12, 1981, made thereunder, (ii) the notice dated April 11, 1980, issued under s. 148 of the Act, and (iii) three separate orders of provisional attachment dated August 11, 12 and 23, 1980, passed under s. 281B of the Act, and also restraining the respondents from taking any action against the petitioner, or in relation to his property, to enforce these notices and orders. In addition to this multiple relief, the petitioner also pray...
Tag this Judgment!Ghasimal Vs. State of Rajasthan
Court: Rajasthan
Decided on: May-15-1981
Reported in: 1981WLN(UC)125
S.N. Deedwania, J.1. These writ petitions filed by Ghasimal involving a common question of fact regarding his status are proposed to decide by this order. Civil writ petition No. 26/79 is with regard to his claim for pension and the other is with regard to his promotion.2. Briefly stated the facts are these. The petitioner WJS appointed as 'Amin' in the Settlement Office of the then Jodhpur State and joined his service on 28-5 1944. He was promoted as Kanoongo i.e. Settlement Inspector in the year 1949. On 1-4-1950 the Jodhpur State merged with the united States of Rajasthan. The petitioner continued to work as Inspector when he was promoted as Sader Munsarim vide order No. 7515 dated 15-7-1964 on temporary and ad hoc basis by the Board of Revenue. He continued to work on this post upto 8-9 79. The pay scale in the year 1968 for the Sader Munsrim and Naib fehsaldar was the same and therefore, the post of Naib Tehsildar and that of Sader Munsarim were interchargable. The petitioner was ...
Tag this Judgment!Mehtab Ali Khan Vs. B.D.O., Panchayat Samiti and ors.
Court: Rajasthan
Decided on: May-15-1981
Reported in: 1981WLN523
Mahedra Bhushan Sharma, J1. This is a plaintiff's second appeal arising out of a suit Mo. 99 of 1972 for declaration and permanent injunction.2. The plaintiff was selected by the Panchayat Samiti and Zila Parishad Service Selection Commission, and was appointed as a Priminy School Teacher in the Government Primary School. Roopahedi, Panchayat Samiti, Chaksu, District Jaipur, by the Panchayat Samiti Chaksu. He joined his post on August 12, 1961. After having passed B S.T.C. Examination in the year 1961, he was promoted to Matric Trained Grade in the year 1961 Grade-III-Teachers on September 11, 1961. He also worked as Head Master in Primary Schools, and his Service Book was maintained by the concerned B.D.O (Block Development Officer) of the Panchayst Samiti. When the Plaintiff was posted in Primary chool, Rampurabas Goner as Primary Teacher in the Year 1970, he from time to time applied for medical leave on medical grounds. He had earned 120 days medical leave on November 19, 1970. His...
Tag this Judgment!Bhopal Mining Works and anr. Vs. Jai Mica Supply Co. and ors.
Court: Rajasthan
Decided on: May-12-1981
Reported in: 1981WLN238
S.K. Mal Lodha, J.1. This revision by the defendants under Section 115, CPC is directed against the order dated October 9, 1980, passed by the District Judge, Bhilwara in Civil Original Case No. 51 of 19792. The plaintiff-non-petitioner instituted a suit for Rs. 66250/- consisting of Rs. 50,000/-as principal and Rs. 16250/- as interest. The suit was instituted under Order XXXVII, Rule 2 CPC. Summons for judgment in form IV-A in Appendix B, were issued on March 20, 1980, which were served on March 26, 1980. The defendants applied to defend the suit unconditionally under Order XXXVII, Rule 3(5), CPC.3. The defendant-Company was under the Receiver-ship of Bokaro Steel Ltd. from October 8, 1973 to July 26, 1978. A compromise was entered into between the parties on May 4, 1976. In pursuance of that, payment of Rs. 10,000/- was made by the Receiver and the plaintiff, vide the Receiver's letter dated July 12, 1976, was informed that the balance of instalments would be paid by the Receiver. It...
Tag this Judgment!Babulal Vs. State of Rajasthan
Court: Rajasthan
Decided on: May-11-1981
Reported in: 1982CriLJ1001; 1981()WLN225
ORDERS.N. Deedwania, J.1. This petition Under Section 482 Cr.P.C. is directed against the order dated October 29, 1980 of the Judicial Magistrate No. 1, Jodhpur, taking cognizance against the petitioner Under Section 4(2) Rajasthan Prohibition Act, 1969(hereinafter referred to as the Act). The controversy relates to the interpretation of Section 167(5) of the Cr, P. C.2. The relevant facts are these. For an alleged offence Under Section 4(2) of the Act the petitioner was arrested on 28-1-1979. However, the charge-sheet was not filed within six months from the date of arrest and it further appears that the investigation had not been completed. The petitioner moved an application in the court on 16-10-80 with a prayer that he be discharged because the investigation had not been completed' within six months. This application was ordered to be listed for arguments on 29-10-1980. On that date no order was passed on this application as a charge-sheet was then filed and the Magistrate took co...
Tag this Judgment!Rajasthan Ice and Cold Storage Vs. the State of Rajasthan and ors.
Court: Rajasthan
Decided on: May-11-1981
Reported in: 1981WLN346
S.N. Deedwania, J.1. This writ petition under Article 226 of the Constitution is filed in the following circumstances:2. The petitioner is a registered partnership firm inter alia carrying on the business of cold storage in the name and style of Rajasthan Ice & Cold Storage with its registered office at Moti Chowk, Jodhpur. The petitioner has one power connection for the supply of electricity vide Account No. 23/1/2 Service No. 8082. Respondent No. 2 is supplier within the definition of Clause (b) of Section 2 of the Rajasthan Electricity (Duty) Act, 1962 and is governed by the said Act and the Rajasthan Electricity (Duty) Rules, 1962 (hereinafter referred to as 'the Act and the Rules' respectively). The following notification No. F.9(2) E & T/62/I dated March 26. 1962 was issued under the Rajasthan Electricity (Duty) Bill, 1962--In pursuance of Sub-clause 3 of Clause 3 of the Rajasthan Electricity (Duty) Bill, 1962 read with the declaration inserted therein under Section 3 of the Raja...
Tag this Judgment!Gafoor Beg Vs. State of Rajasthan
Court: Rajasthan
Decided on: May-08-1981
Reported in: 1981WLN(UC)48
D.P. Gupta, J.1. This appeal has been preferred against the order passed by Sessions Judge, Pratapgarh on April 30, 1976 convicting the accused appellant Gafoor Beg for committing an offence punishable Under Section 471 IPC and sentencing him to 2 years' rigorous imprisonment and a fine of Rs. 5000/-. in absence of payment of fine, to six months' further rigorous imprisonment.2. The facts of the case, which are no longer in dispute, are that the appellant Gafoor Beg was employed as a Bundle Lifter in Tehsil Pratapgrah. In the year 1965 a post of Patwari in district Chhitorgarh fell vacant. Appellant Gafoor Beg submitted an application, Ex. P. 11. on March 29, 1905 for his promotion and appointment as Patwari and represented in that application that he had passed Hindi Matric examination. Along with that application, the appellant filed Ex. p. 4, a copy of marks-sheet purporting to have been by the Head Master, Government Mnlti-purpose Higher Secondary School, Mandsore and showing that ...
Tag this Judgment!Om Sharan Vs. Banshidhar and 6 ors.
Court: Rajasthan
Decided on: May-08-1981
Reported in: 1981WLN419
Mahendra Bhushan Sharma, J.1. This is defendant's second appeal arisimr out of a suit for malicious prosecution filed by one Vijailal who expired during the pendency of the suit and is now represented by his legal representatives and is Banshidhar and others respondents.2. The facts of the case out of which this appeal arises lie in a narrow Ghishilal, father of Om Sharan, the appellant (hereinafter referred to as the defendant) and one Vijailal, since dead and now represented by his legal representatives, the respondent, were having their shops in Chomu town in which each was carrying on the business of sweets (for sake of brevity vijailal, shall be hereafter described as plaintiff).Ghishilal was carrying on the business or sweets earlier than the plaintiff and as a result of which the plaintiff also starting the same business, it is alleged there was business rivalry in between the plaintiff and the defendant and the relations were strained. On June 28, 1956, the defendant filed a co...
Tag this Judgment!Hari Prakash Sahni Vs. Principal Dr. S.N. Medical College and ors.
Court: Rajasthan
Decided on: May-06-1981
Reported in: 1981WLN(UC)118
K.D. Sharma, C.J.1. This is a writ petition filed by Hari Prakash Sahni under Article 226 of the Constitution of India for issuance of a writ of mandamus to the Principal Dr. S.N. Medical College, Jodhpur, to the State of Rajasthan and to the University of Rajasthan to deliver the degree of M.B.B.S. and internship and character certificates to the petitioner.2. The brief facts giving rise to this writ petition may be narrated as follows : Hari Prakash Sahni petitioner was admitted to the MBBS Course at Dr. S.N. Medical College Jodhpur, against one of the seats reserved for the scheduled caste candidates. He completed course of studies prescribed by the University of Rajasthan Jaipur and appeared in the M.B.B.S. final Examination in December, 1975 and was declared successful. The University of Rajasthan therefore issued a provisional certificate marked Annexure 2 to the petitioner. After passing his M.B.B.S. final Examination the petitioner underwent compulsory Rotating House-manship fo...
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