Rajasthan Court October 1985 Judgments
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Gyan Chand and Brothers Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Oct-09-1985
Reported in: 1985WLN(UC)335
Ashok Kumar Mathur, J.1. The petitioner has filed this writ petition challenging the order dated 10th June, 1985 (annexure-4) passed by the Collector Ganganagar in favour of respondent No. 3 for establishment of Brick Kiln.2. Facts giving rise to this case are that the petitioner and his brother is a partnership firm. The Collector Ganganagar issued notice dated 30th April, 1985 for auction of land measuring 10 bighas situated in Killa No. 5 to 8 and 13 to 18 of square No. 293 of Chak 45 P.S. Tehsil Raising Nagar for the establishment of brick kilns. This land was reserved for the purpose of brick kilns by the Collector Sriganganagar. In pursuance of this notice the petitioner gave a bid. His bid was highest bid for a period of three years. According to the petitioner's bid the lease money for 10 bighas comes to Rs 69150/- for a period of three years. The petitioner deposited Rs. 17288/-being 1/4th amount of auction money. It has further been submitted that on the same day another auct...
State of Rajasthan Vs. Magna and ors.
Court: Rajasthan
Decided on: Oct-09-1985
Reported in: 1985WLN(UC)457
Milap Chand Jain, J.1. This appeal is directed against the judgment dated December 23, 1974 passed by the learned Sessions Judge, Bhilwara, whereby, the respondents were acquitted of the offences under Section 302 and 323 read with Section 34, IPC and Section 323, IPC.2. The prosecution case, in brief, is that Heera deceased and the accused Magna were cousins. They were not having good relations. Criminal litigations were going on between the parties. The accused Magna had instituted a case of theft and Heera deceased had initiated criminal proceeding under Section 107, Cr. P.C. There was a dispute between the parties in respect of some land, which was a pond and the cattle of the village used to take water from it. The accused wanted to cultivate that land to which the deceased Heera opposed. The occurrence in this case took place on March 24, 1974 at about 8 or 9 a.m. The key of the house of Magna was lying on the well. The accused Magna came to Babulal, Chairman, Nyaya Panchayat and...
Commissioner of Income-tax Vs. Mahendra and Co. Ltd.
Court: Rajasthan
Decided on: Oct-08-1985
Reported in: (1986)51CTR(Raj)14; [1987]163ITR316(Raj)
1. This is an application under Section 256(2) of the Income-tax Act requiring the Appellate Tribunal to state the case and to refer the following question of law :'Whether, on the facts and circumstances of the present case, the Tribunal was justified in holding that the payment of Rs. 35,000 was made by the assessee under exceptional circumstances and the same is not hit under Section 40A(3) of the Income-tax Act, 1961.'The assessee-firm, non-petitioner, filed a return of income declaring an income of Rs. 84,862 on June 30, 1975, for the assessment year 1975-76. The assessee was asked to state whether there was any payment in cash above Rs. 2,5,00. The assessee stated that no payment had been made in cash above Rs. 2,500. The assessing authority scrutinised and examined the cash book of the firm and found that a sum of Rs. 35,000 was paid in cash to M/s. Kishore Trading Co. on May 14, 1974. The assessee filed a reply on October 28, 1977, claiming that the payment was made under excep...
Commissioner of Income-tax Vs. Sobhagmal Jorawar Mal
Court: Rajasthan
Decided on: Oct-08-1985
Reported in: [1986]162ITR720(Raj)
S.N. Bhargava, J. 1. These are five applications under Section 256(2) of the Income-tax Act, 1961, hereinafter referred to as the 'Act', for the assessment years 1973-74, 1974-75, 1975-76, 1978-79 and 1979-80 which are numbered as 76, 77, 165, 312 and 313 of 1982 respectively, making a prayer that the High Court may require the Tribunal to refer the question of law arising out of its order dated August 29, 1980, for the decision of this court. Since the parties are the same and the question of law involved is also the same, these reference applications are being decided by a common order. In D. B. Income-tax Reference Application No. 76 of 1982 and 77 of 1982 the following question of law has been framed :' Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that interest paid by the assessee to the minors on the gifts made by the partners by mere book entries is an admissible deduction '2. In D. B. Income-tax Reference Application No. 165 ...
Commercial Taxes Officer Vs. Ahmed Ali Kurbanali
Court: Rajasthan
Decided on: Oct-08-1985
Reported in: [1986]63STC428(Raj)
S.K. Mal Lodha, J. 1. The Board of Revenue for Rajasthan, Ajmer ('the Board' herein) has referred the following question of law for the opinion of this Court which is said to arise out of its order dated 7th July, 1980, passed in Special Appeal No. 13/79/RST/Udaipur:Whether in the facts and the circumstances of the case an offence under Section 16(1)(e) of the Rajasthan Sales Tax Act, 1964, was made out and the penalty was wrongly directed to be imposed under Section 16(1)(n) of the said Act 2. The defendant-assessee (non-petitioner) was assessed to tax for the period 1st April, 1972, to 31st March, 1973, on 28th May, 1973, by the Commercial Taxes Officer, Circle B, Udaipur. The Assistant Commercial Taxes Officer, Central Division I, Udaipur, inspected the business premises of the assessee on 21st October, 1973. There he found a diary and some other documents. It appeared that certain transactions of sales and purchases relating to the period 1st June, 1973, to 20th October, 1973, were...
B.N.K. Sahakari Wholesale Upbhokta Bhandar Ltd. Vs. Prescribed Authori ...
Court: Rajasthan
Decided on: Oct-08-1985
Reported in: 1986(1)WLN605
Suresh Chandra Agrawal, J.1. In this writ Petition filed under Articles 226 and 227 of the Constitution of India, the petitioner has prayed for a writ of certio-rari to quash the order (Annexure 6) dated 15th May, 1982 passed the Prescribed Authority under the Rajasthan Shops and Commercial Establish-ment Act, 1958 (here in after referred to as 'the Prescribed Authority') where by the Prescribed Authority has allowed the application submitted by Shri Jeth Mal Lodha, respondent No. 2 under Section 28A of the Rajasthan Shops and Commercial Establishment Act, 1958 (here in after referred to as 'the Act').2. The petitioner is a Co-operative Society registered under the provisions of the Rajasthan Co-operative Societies Act, 1965(here in after referred to as 'the Co-operative Societies Act). Respondent No. 2 was employed as a Cashier with the petitioner. By order dated 1st July, 1980, passed by the Executive Officer of the petitioner the respondent No. 2 was retired from service on the grou...
Shri Gauri Industries Vs. Prathvi Raj
Court: Rajasthan
Decided on: Oct-08-1985
Reported in: 1986WLN(UC)108
Panna Chand Jain, J.1. This revision petition has been listed for orders, today. Counsel for the parties have argued the case on merits of the revision petition, as such the revision petition itself is being disposed of by this order.2. The learned Munsif Magistrate Sri Ganganagar vide order dated 20-11-1984 passed an order restraining the defendants to install oil expeller of 20 H.P. in the suit premises. Aggrieved by the order of the learned Munsif Magistrate the defendant filed an appeal before the learned District Judge, Sri Ganganagar, who vide order dated 30th November, 1984 confirmed the order passed by the learned Munsif. It is against this order, revision petition has been preferred.3. Learned Counsel for the defendants submitted that both the learned lower courts have committed material irregularities in passing the orders under challenge. He submitted that the main grievance of the petitioner was that the expeller was fixed on gardar which was placed on two walls of the non-...
Babu Lal and ors. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Oct-08-1985
Reported in: 1985WLN(UC)375
Kanta Bhatnagar, J.1. In this transfer application under Section 407 Cr. PC the petitioners have prayed that the proceedings under Section 133 Cr. PC pending before the Addl. Collector, Nagaur, in case No. 20/1985 may be transferred outside Nagaur District, either to the Additional Collector, Jodhpur, or to any S.D.M. at Jodhpur or anywhere else. The allegations against the Additional Collector, Nagaur, are that he under the influence of high Officers posted at Nagaur and being pressurised by the Executive and Judicial Officers posted there and being influenced by the wives of those Officers who are visitors of the temple, is proceeding in the case in a way not warranted by law. It has also been alleged that proper opportunity is not being given to the petitioners to prosecute their interest and as such, there is apprehension in the minds of the petitioners that they will not get justice at the hands of the Additional Collector, Nagaur.2. Mr. K.N. Joshi referred to the order passed by ...
Raj Singh Vs. State of Rajasthan
Court: Rajasthan
Decided on: Oct-08-1985
Reported in: 1985WLN(UC)508
Milap Chand Jain, J.1. This appeal is directed against the judgment of the learned Additional Sessions Judge No. 1, Hanumangarh dated October 23, 1980 whereby the appellant Rajasingh was convicted under Section 302 IPC and was sentenced to imprisonment for life.2. The prosecution case in brief is that the father of the accused appellant Rajasingh viz., Karnailsingh was murdered and the charge was levelled against Mithusingh. Bhupendrasingh. Jagdeosing and Grumailsingh. He was murdered on 24, 1968. On being prosecuted and tried, Mithusing and other accused persons were acquitted by the Sessions Judge, Sri Ganganagar on November 8, 1969. The accused appellant Rajsingh, therefore, harboured a grudge against Mithusingh. After that occurrence, another occurrence had taken place where in it is alleged that Jarnailsingh, the brother of the deceased Karnailsingh fired a shot at Mithusingh In connection with that event, still the prosecution was pending and according to the version given by the...
Gurdeo Singh Vs. Malla Singh
Court: Rajasthan
Decided on: Oct-07-1985
Reported in: 1986WLN(UC)731
Panna Chand Jain, J.1. This revision is directed against the order dt. 10th Sept. 1984, passed by the learned District Judge, Sri Ganganagar in Misc. Appeal No. 33/84, reversing the order dated 20th April, 1984, passed by the learned Munsif on an application under Order 39, Rules 1 and 2, CPC.2. The learned Munsif vide order dated April 20, 1984, dismissed the application for the grant of temporary injunction. Aggrieved by the said order Mala Singh plaintiff preferred an appeal before the learned Distt. Judge, Sri Ganganagar. The learned District Judge inspected the site and after that passed impugned order. Learned District Judge dirceted the defendant not to demolish a Kotha which is in khasra No. 69. The learned Court also restrained the defendant from not interfering in the compound of the plaintiff.3. I have given my the thoughtful consideration to the respective submissions made by the learned Counsel for the parties.4. The main grievance of the learned Counsel for the petitioner...
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