Court : Rajasthan
Reported in : 1988(1)WLN660
Milap Chandra, J.1. These two sales-tax revisions have been filed under Section 15, Rajasthan Sales Tax Act (herein after to be called 'the Act') against the common order of the learned Rajasthan Sales Tax Tribunal, Ajmer (here in after to be called 'the Tribunal' dated December 12, 1985. The facts of the case giving rise to these revisions may be summarised thus:2. The sales of 'Desi Sweetmeats and Namkins' were exempted from tax vide Notifications No. F 5(16) EDCT/69-13 and 14 dated April 1, 1969 issued under Section 4(2) of the Act (printed at Serial Nos. 165 & 166 of Volume II of Law of Sale and Purchase Tax in Rajasthan by Jai Kumar Jain). The Notification No. 14 relating to the 'Namkins' was withdrawn vide Notification No. F 5(24) FDCT/72-11 dated April 26, 1972 (printed at Serial No. 251). The Notification No. 13 relating to the 'Desi Sweetmeats' was also withdrawn by issuing a corrigendum to the said Notification dated April 26, 1972 vide Notification dated October 5, 1972 (pri...
Tag this Judgment!Court : Rajasthan
Reported in : 2(1988)WLN(Rev)121
P.C. Jain, J.1. By this writ petition, the petitioners have prayed for issuance of a writ, order or direction to quash the order of the Board of Revenue for Rajasthan, Ajmer, dated 7th March, 1977 (Annx. 4) and the judg-ment of the Additional Collector. Kota, dated 15th June, 1976 (Annx. 3) and also the judgment of the Authorised Officer (Ceiling), dated 19th April, 1976 (Annx. 2), whereby the petitioners were asked to surrender the excess land.2. Briefly stated the facts of the case are that Amar LalMeena, since deceased, was the Khatedar of 24.80 standard acres of land, Mool Chand is the Khatedar of 14.86 standard acres of land and MohanLalis the Khatedar of 15.30 standard acres of agricultural land and situated in villages Balvenkheri-and Binayaka. The SDO who was the competent offcer to deal with the ceiling cases under Chapter III-B of the Old Act after due enquiry, by this order dated 26th April, 1975 in cass file No. 443 of 1975 held that the petitioners did not possess land in ...
Tag this Judgment!Court : Rajasthan
Reported in : 2(1989)WLN(Rev)310
P.C. Jain, J.1. By this writ petition, the petitioner has prayed for issuance of a writ quashing and felting aside (he order dated 25th September, 1975, passed by the Sub divisional Officer, Sambhar Lake; order dated 7th February, 1976, passed by the Additional Collector, Jaipur and the order dated 10th January, 1977, passed by the Board of Revenue for Rajasthan.2. Briefly stated the facts of the case are that proceedings were initiated under Chapter III-B of the Rajasthan Tenancy Act, 1955 (here in after referred to as the Old Ceiling Law)- In the proceedings, it was held by the Sub Divisional Officer, Sambhar Lake by his order dated 6th December, 1971 that transfer of 860 bighas 4 biswas of land was valid and permissible and, for the remaining land there were three equal shares of the petitioner, his sister Jayendra Kumari and his grand-mother Smt. Resal Kanwar. The remaining land is equivalent to 120 standard acres of gland, therefore, leaving 90 standard acres in three shares, 30 s...
Tag this Judgment!Court : Rajasthan
Reported in : 2(1988)WLN(Rev)27
P.C. Jain, J.1. By this writ petition, petitioner Bheru Lai seeks to issue a writ of certiorari, or any other writ, order or direction for quashing the judgment of the Board of Revenue for Rajasthan, Ajmer dated 15th October 1976.2. Briefly stated the facts of the case are that the petitioner is the son of deceased Lakha who had 199 Bighas 12 Biswas of agricultural land entered in his Khata in the revenue records of village Laban, Tehsil Keshorai-Patan district Bundi, It is stated that the land is an ancestral property inherited by Lakha. It is also stated that out of the said land, 38 Bighas was gifted to Gopali Bai. It is further stated that the proceedings for the determination of ceiling area in relation to Lakha, father of the petitioner under Section 30 (C) were commenced & a report was submitted by the Tehsildar as per the Rules. According to the report, the following members were entered in the family of Lakha: (1) Lakha himself: (2) Bheru Lal (petitioner) son of Lakha-(3) Wife...
Tag this Judgment!Court : Rajasthan
Reported in : 1988WLN(UC)213
P.C. Jain, J.1. By this writ petition under Article 226 of the Constitution of India, petitioner Dr. Pramod Sharma has prayed for issuance of an appropriate writ, order or direction declaring the criteria for selection of candidates for M.Ch. course contained in the notice dated 25th July, 1987 to be unconstitutional and further to direct to make selection for M.Ch. Courses on the basis of criteria contained in Schedule A.2. Briefly stated the facts of the case are that the petitioner passed his MBBS course from the University of Rajasthan in December 1982 and secured 52.2% marks. Thereafter the petitioner undertook one years's compulsory rotating internship. Later on, the petitioner was appointed in the Three Years' Residency in General Surgery in the year 1984. He completed Three Years Residency successfully and did his post graduation in General Surgery. He passed M.S. Examination, the result of which was declared by the University on 23-7-87. The petitioner worked in the Department...
Tag this Judgment!Court : Rajasthan
Reported in : [1988]71STC204(Raj); 1988(1)WLN625
M.C. Jain, J. 1. The revision petitions mentioned in the Schedule annexed with this order raise a common question of law, so, they are being disposed of by this common order.2. These revisions are directed against the orders of the Rajasthan Sales Tax Tribunal, Ajmer whereby the order of the assessing authority and of the appellate authority imposing penalty under Section 5C(2) of the Rajasthan Sales Tax Act, 1954 have been set aside and it has been held that the articles purchased by the assessees are the 'raw materials' and the department is estopped to challenge that the articles mentioned in the registration certificates are not the 'raw materials'.3. It would be proper to consider the facts of the case of M/s. Lodha Fabrics, Pali in S. B. Sales Tax Revisions Nos. 332 of 1987, 333 of 1987 and 334 of 1987. In these cases, the assessee purchased caustic soda and soda ash in different accounting periods for varying amounts. The assessing authority held that out of the quantity of raw ...
Tag this Judgment!Court : Rajasthan
Reported in : 2(1988)WLN(Rev)65
P.C. Jain, J.1. By this writ petition, petitioner Rajya Vaidhya Pt. Ram Dayalu Sharma (since deceased & is being represented by his legal representa-tives) had prayed for issuance of a writ, order or direction for quashing the judgment of the Board of Revenue for Rajasthan dated 12th December, 1973 and further prayed that the petitioner be allowed the annuity in respect of the State grants villages (1) Sarha Doongar, (2) Chak Sarna Doongar, (3) Basdi, (4) Chak Basdi, (5) Land in village Bhudarpura and villages Jairampura and Mundia, instead of the legal representatives of late Pt. Madan Mohan and late Pt. Jugal Kishore, as directed in the judgment of the Jagir Commissioner, dated 29th November, 1968 and the Board of Revenue for Rajasthan, dated 6th December, 1972.2. Briefly stated the facts of the case are that there is a temple of Thakurji Shri Sire Behariji at Ramganj Bazar, Jaipur; for the up-keep and maintenance of Sevapooja and Bhograj thereof, the following villages were granted ...
Tag this Judgment!Court : Rajasthan
Reported in : 1988(1)WLN494
I.S. Israni, J.1. This appeal under Section 374 Cr.PC has been filed against the judgment dated January 8, 1979 passed by the Additional Sessions Judge No. 1, Alwar, where by the appellants were convicted and sentenced as under:(1) Accused Narayan under Section 324, IPC to 1-1/2 year's rigorous impri-sonment;under Section 323/34, IPC, 1 year's rigorous imprison-ment.(2) Accused Kalu and under Section 323 IPC, 1 year's rigorous imprisonment;Dholiya under Section 324/34, IPC, 1-1/2 year's rigorous impri-sonment.All the sentences were to run concurrently.2. According to the Prosecution version, on October 9, 1972 in the evening PW 10 Munshi returned to his house, where his wife told him that his she buffalo had gone for grazing and had not returned, thereupon, Munshi and his son Harphool started search for the she buffalo Ranjeet Bholu Kanchan and Ram Khilari who were present at that time also went along with them. PW 8 Khayali who is neighbour and cousin of Munshi also accompanied and so...
Tag this Judgment!Court : Rajasthan
Reported in : 1988(1)WLN526
F. Hasan, J.1. By this petition filed under Section 482, Code of Criminal Procedure, 1973, (Cr.PC) Ismail Merchant & Tim Van Rellim, both Co-producer of M/s Merchant Ivory Production which is producer of film, 'Deceivers', under shooting have challenged the criminal proceedings before the Judicial Magistrate No, 4, Jaipur City Jaipur, under criminal complaint No. 1 moved at the instance of Miss Sunayna complainant-non petitioner No. 2, for quashing the proceedings, wherein they have been summoned for the alleged offences under Sections 292, 292, 268 & 500/34, IPC.2. A sketch of primary facts giving rise to this criminal petition is thus, Sunayna Mishra, the non-petitioner No. 2 filed a complaint in the Court of Judicial Magistrate No. 4, Jaipur City, Jaipur, alleging therein that a film, 'Deceivers', is being filminised by M/s Ismail Merchant Ivory Production; and for that purpose, shooting is going to be made in or around Jaipur City; the petitioners are in know of the fact that the a...
Tag this Judgment!Court : Rajasthan
Reported in : 1988(1)WLN523
Israni, J.1. This is a criminal case under Section 11 of the Probation of Offenders Act, 1958 (here in after called as the Act) against the judgment of learned Sessions Judge, Alwar dated July 28, 1977 giving the benefit of probation to the respondent No. 1.2. It will suffice to state for the purposes of this appeal that father of the appellant and 3 others were joint owners of a well, which was fitted with electric pump, from which water for the purposes of irrigation in the fields of the partners was given from the well by turn. On March 1, 1977 it was turn of the father of appellant and the appellant at about 6 a.m. went there and started pump for irrigation of his land. Thereupon, accused respondent Nangi and some other persons started abusing the appellant and in the altercation, it was alleged that Hari Kishan grapped the appellant from behind and called Nangi accused, who took the axe lying near and inflicted a blow on the head on right side above the ear and inflicted another b...
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