Rajasthan Court December 1983 Judgments
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Smt. Birendra Kaur Vs. Urban Improvement Trust and anr.
Court: Rajasthan
Decided on: Dec-12-1983
Reported in: 1983WLN(UC)333
P.K. Banerjee, C.J.1. This rule is directed against a notice dated 12-2-75 issued by respondent No. 1 to the petitioner's husband in reply to her letter dated 1-2-75 stating therein,-.the land in question is Nazul land and none except the State Govt. or the Urban Improvement Trust are competent to transfer this land. The alleged transfer of this land by Smt. Maina Devi or Moti Singh or Shri Mangal Singh in your name is void as the land is Nazul land. You are not entitled to hold the land as you have no title over the land and therefore you are requested to remove your encroachment over the land within three days of the receipt of this letter. If you fail to do so the Trust shall remove your encroachment over the said land Under Section 203 of the Municipal Act.Being aggrieved by this notice, the petitioner maintained this application Under Article 226 of the Constitution of India stating therein, inter alia, that one Mangalsingh purchased a piece of land measuring 1500 sq. yards on 7-4...
H.G. Shanker Narayan Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Dec-09-1983
Reported in: AIR1985Raj156; 1983()WLN780
Agarwal, J.1. This matter comes up before us on a reference by a learned Single Judge (Bhargava J.). The reference has been made in the following circumstances :The petitioner H.G. Shankar Narayan filed a writ petition in this court on Oct. 19, 1983 wherein he prayed that an appropriate writ, order or direction may be issued directing the State of Rajasthan, respondent 1 to the said writ petition, to make appointments against the vacancies of Additional Chief Engineer in the Public Works Department in the Government of Rajasthan available temporarily on the basis of Rule 27 of the Rajasthan Service of Engineers (B & R) Rules, 1954. In the said writ petition it was also prayed that the record of the Departmental Promotion Committee, which met in Nov. 1982 for making selections for the post of Additional Chief Engineer, be called and examined and the order dt. Sep. 24, 1983 leading to the appointment of Shri P.C. Panchariya and Shri Harbinder Singh, respondents 2 and 3 to the writ petiti...
Logar Vs. the State of Rajasthan
Court: Rajasthan
Decided on: Dec-09-1983
Reported in: 1983WLN(UC)459
K.S. Lodha, J.1. Logar has deen convicted Under Section 302 IPC and sentenced to imprisonment for life by the learned Sessions Judge, Udaipur, by his judgment dated 2-12-77. He has come up in appeal. The prosecution story in brief is that on the evening of 30-4-77, Bhanwar Singh and Bheru Singh saw a dead body floating in the well of the village Kamli-ka-Guda. As then night was setting in, they did not inform the police nor took any steps to take out the dead body on that night but on the morning of 1-5 77, Bhanwar Singh lodged a report before the police station Delvada in this respect whereupon the police started proceedings Under Section 174 Cr. PC. The Head Constable Shri Prem Singh reached the spot and thereupon the dead body was taken out of the well in the presence of the father of the accused. A Panchnama as prepared, which is Ex.P 1 on the record. The skin of the dead body was peeling off and, therefore, external injuries could not be observed. The post-mortem examination of th...
Pukh Raj Vs. Union of India (Uoi) and ors.
Court: Rajasthan
Decided on: Dec-08-1983
Reported in: 1983WLN(UC)383
S.K. Mal Lodha, J.1. Petitioner Pukhraj has filed this writ petition Under Articles 226 and 227 of the Constitution, seeking to quash the order Ex. 1 dated September 28, 1977, by which he was dismissed from service and also for all consequential benefits as if no such order has ever been passed.2. The petitioner was a clerk in the time office Northern Railway Work Shop, Jodhpur. While he was working on this post, a criminal case was registered against him. The offence which he was charged was Under Section 302, IPC. After trial, learned Additional Sessions Judge No. 2, Jodhpur convicted him Under Section 302, IPC and sentenced to imprisonment for life and a fine of Rs. 2,000/-, and in default of payment of fine to suffer further rigorous imprisonment for one year, vide judgment dated April 16, 1978 passed in Sessions case No. 83/1974 As the petitioner was convicted, he was dismissed from service by order Ex. 1 dated September 26, 1977 passed by the Deputy Chief Mechanical Engineer (W) ...
Commissioner of Income-tax Vs. Ajit Singh Bhagat Singh
Court: Rajasthan
Decided on: Dec-07-1983
Reported in: [1985]151ITR696(Raj)
Dwarka Prasad, J.1. The following question has been referred to this court for its opinion by the Income-tax Appellate Tribunal, Delhi Bench 'B':'Whether, on the facts and in the circumstances of the case, the assessee-firm could be taken to have been prevented by reasonable cause from submitting its returns for the assessment years 1962-63 and 1963-64, by reason of the fact that the incomes returned by it for the years in question were Rs. 26,116 and Rs. 24,764, respectively ?'2. It is not in dispute that in respect of the assessment years 1962-63 and 1963-64, the assessee should have filed the returns of its income on or before August 31, 1962 and June 30, 1963, respectively, in accordance with the provisions of Section 139(1) of the I.T. Act.3. It is also not in dispute that the assessee-firm failed to file the returns for the aforesaid two years before the expiry of the time allowed by law and that the returns for both the years 1962-63 and 1963-64 were filed on February 13, 1964. ...
Jang Singh and ors. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Dec-07-1983
Reported in: 1984CriLJ1135; 1983()WLN572
S.S. Byas, J.1. This is a joint appeal by four accused, Jangsingh, Niranjan Singh, Habib Alam and Sher Singh alias Sherjang Singh against the judgment of the learned Additional Sessions Judge (1), Hanumangarh dated 22.3.1982 convicting the appellants under Sections 395/397. I.P.C. and sentencing each of them to seven years' rigorous imprisonment with a line of Rs. 1000/-, in default of the payment of line to further undergo six months' like imprisonment.2. The case, relates to a Highway dacoits alleged to have been committed in a running bus during night.3. Put briefly, the prosecution case is that deluxe bus No. R.S.G. 737 of Rajasthan State Roadways Corporation left Ganganagar at about 8.00 P.M. on 5.9.1976 on its destination to Jodhpur. PW 3 Anandram was the driver while PW 2 Jai Singh was the Conductor on duty in the bus. Pw 21 Shri G.P. Chelani, the then Manager. Hanumangarh Depot of the Corporation, was also travelling in it. There was a good number of passengers in the bus. At a...
Commissioner of Expenditure Tax Vs. Baldeo Dass Rameshwar
Court: Rajasthan
Decided on: Dec-05-1983
Reported in: [1984]147ITR473(Raj)
Dwarka Prasad, J. 1. The assessee, M/s. Baldeo Dass Rameshwar, was assessed to expenditure tax in the status of an HUF, in respect of assessment years 1958-59 and 1959-60, referable to the accounting years ending on Diwali Samvat 2013 and 2014, respectively. The HUF, M/s. Baldeo Dass Rameshwar, consisted of Rameshwar Nathani and his sons and grandsons. Besides two businesses carried on in the name of M/s. Baldeo Dass Rameshwar and M/s, Rameshwar Nathani & Co., the HUF had a 12 annas share ina partnership business carried on in the name of M/s. Dudwala & Co., wherein the interest of the HUF was represented by its karta, Rameshwar Nathani. In the year 1943, a suit for partition was filed by Satyanarayan, one of the members of the HUF, in the original civil jurisdiction of the Calcutta High Court and a consent decree was passed by the High Court on March 18, 1944, in terms of a settlement arrived at between the parties. The relevant clauses of the settlement, which were incorporated in th...
State of Rajasthan Vs. Gopal Modi
Court: Rajasthan
Decided on: Dec-05-1983
Reported in: 1983WLN707
D.L. Mehta, J.1. Miserable conditions of the affairs of the State have been highlighted by the parties before the Court. It was pointed out by the learned Counsel for the non-petitioner that the petitioner State was directed to file the written statement in the year 1979 but it was failed to file the written statement. On 8.2.1980, it was directed by the Court that the State shall not be allowed to file the written statement. The State has also number of innings in getting the orders passed against it for its defaults. All orders were set aside on one ground or the other in the payment of costs. On 7.9.1981, an opportunity was given to the State to file the written statement 15.10.1981. However, the fate of the tax payer was bound to suffer for not fault of his and State had the pleasure in not complying with the orders of the Court. It seems that neither the Officer Incharge nor the Advocate was interested in presenting the case of the State and the fate of the State was put in the ha...
Commissioner of Income-tax Vs. Rameshwardass Narsinghdass and Co.
Court: Rajasthan
Decided on: Dec-03-1983
Reported in: [1985]155ITR270(Raj)
Dwarka Prasad, J.1. The assessee is a building contractor and had undertaken contracts for construction of buildings for Central Government departments for a sum of Rs. 5,37,766. The Government had supplied some materials to the assessee such as cement, iron and steel etc., of the value of Rs. 1,02,196 for the purpose of execution of the contracts. After the completion of the contracts, the Government departments made payment of the balance amount to the contractor after deducting a sum of Rs. 1,02,196, representing the value of the material supplied to him for execution of the works. The ITO rejected the accounts maintained by the assessee, holding that they were not correct and complete and he applied a not profit rate of 15% to the turnover of the assessee. On appeal, the AAC considered it to be reasonable to apply a net profit rate of 12 1/2% on the turnover of the assessee. Before the Income-tax Appellate Tribunal, Jaipur (hereinafter referred to as 'the Tribunal'), the assessee, ...
Commissioner of Income-tax Vs. Sharma and Company
Court: Rajasthan
Decided on: Dec-02-1983
Reported in: [1985]153ITR605(Raj)
Dwarka Prasad, J.1. This is a reference made at the instance of the Commissioner of Income-tax, Rajasthan, Jaipur, and the following question of law has been referred to us by the Income-tax Appellate Tribunal, Jaipur Bench, as arising out of its order dated August 21, 1971:'Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the cost of materials supplied by the M.E.S. department was not to be included in the gross receipts of the business for the calculation of the profit of the assessee's business at the estimated net profit adopted for the purpose ?'2. The assessee is a building contractor and had executed four works worth Rs. 8,84,219 on behalf of M.E.S., Delhi, during the preceding year relevant to the assessment year 1966-67. The ITO applied the net profit rate of 12% to his turnover, while assessing tax for the assessment year 1966-67. On appeal, the AAC applied the net profit rate of 10%. When the matter went in second appeal befo...
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