Rajasthan Court October 1990 Judgments
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Rajasthan Matsya Vyavasayee Sangh Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Oct-29-1990
Reported in: AIR1991Raj72; 1990(2)WLN289
Singhvi, J. 1. A short, but interesting question arises for decision in this writ petition. The question is, as to whether the Rajasthan Fisheries (Amendment) Rules, 1990 are liable to be struck down on the ground that the same have not been framed in accordance with the provisions of Section 5 of the Rajasthan Fisheries Act, 1953 (hereinafter to be referred as '1953 Act').2. The petitioner is a society registered under the Registration of Societies Act, 1958. The society through its Secretary Alladin has filed this writ petition. The petitioner-society claims to be representing the interests of the poor fishermen including their co-operative societies spread all over the State.3. According to the averments made in the petition, the respondent No. 1 published draft amendment in the Rajasthan Fisheries Rules, 1958 vide Notification published in the Rajasthan Gazette (Part III--B) dated September 11, 1990 inviting objections to the proposed amendment in the Rules, within a period of 7 da...
Hemraj Udyog Vs. Union of India (Uoi)
Court: Rajasthan
Decided on: Oct-29-1990
Reported in: 1991(33)ECC299; 1992(61)ELT238(Raj)
ORDERV.S. Dave, J.1. The petitioner is a firm carrying on the business of manufacturing of vanaspati from the oil which is purchased from the market. The Central Government had issued a notification on 1-3-1987 purported to be under Rule 57K of the Central Excise Rules, 1944 wherein it was provided that in respect of the input of the vegetable oil, as mentioned in the table given under the aforesaid notification, if the vegetable oil is used in the final product i.e. the vanaspati, the party would be entitled for the credit for use of such inputs in the manufacture of final product and the rate of credit would be given as specified in the notification which is Annexure-1 on record. Central Government issued another notification on 25th August, 1989 by which the notification dated 1st March, 1987 was withdrawn. The petitioner, upto the period of 1st March, 1987 and 25th August, 1989, had purchased solvent extracted mustard oil, solvent extracted rapeseed oil and ricebran oil, and solven...
Commissioner of Income-tax Vs. Multi Metals Ltd.
Court: Rajasthan
Decided on: Oct-27-1990
Reported in: (1990)88CTR(Raj)1; [1991]188ITR151(Raj)
K.C. Agrawal, C.J.1. The following two questions have been referred by the Income-tax Appellate Tribunal under Section 256 of the Income-tax Act, 1961, for the opinion of the High Court at the instance of the Commissioner of Income-tax, Jaipur :' 1. Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the fees paid to the Registrar of Companies for raising the authorised capital of the assessee-company was allowable as revenue expenditure and 2. Whether, on the facts and in the circumstances of the case, theTribunal was right in holding that the fees paid to the Registrar of Companies for raising the authorised capital of the assessee-company wascovered by Sub-clause (2)(c)(iv) of Section 35D of the Income-tax Act,1961 ?' The assessee is a limited company which paid Rs. 60,000 as fee for registration to the Registrar of Companies as required under the Companies Act, 1956, for amendment of the memorandum of association for raising the autho...
Central India Machinery Manufacturing Co. Ltd. and anr. Vs. the Superi ...
Court: Rajasthan
Decided on: Oct-27-1990
Reported in: 1990(2)WLN267
K.C. Agrawal, C.J.1. This petition under Artilce 226 of the constitution has been filed by Central India Machinery Manufacturing Limited (for short CIMMCO') challenging the validity of the following five show cause notices issued by the Superintendent, Central Excise, Bharatpur:(i) show cause notice no. I/RO/BHP/79/2377, dated December 19, 1979 for the period for March 1, 1975 to December 19, 1979;(ii) Show, Cause notice no. I/RO/BHP/81/764, dated June 25, 1981 for the period from December 20, 1979 to March 31, 1981;(iii) Show cause notice no. 1/RO/BHP/81/1104, dated September 30, 1981 for the period from April 1, 1981 to September 30, 1981;(iv) show cause notice no. 1/RO/BHP/81/252, dated February 17, 1982 for the period from October 1, 1981 to January 31, 1982;and(v) show cause notice no. 20/24/CIMMCO/78/1038, dated July 12/13t 1982 for the period from February 1,1982 to June 30, 1982.2. The petitioner, apart from challenging the validity of the notices aforesaid, has also sought the...
Pramod Kumar Vs. the State of Rajasthan and ors.
Court: Rajasthan
Decided on: Oct-26-1990
Reported in: 1990(2)WLN392
M.R. Calla, J.1. Heard learned Counsel for the parties.2. The petitioner in this case has filed this writ petition against the denial fo employment to him under the provisions of the Rajasthan Recruitment of Dependants of Government Servants Dying While in Service Rules, 1975. '3. The petitioner's father was a teacher in the Education Department and while being in service he died on 8th January 1971. The petitioner was minor at the time of the death of his father. After passing Secondary Examination in the year 1982, he applied for employment under the aforesaid Rules of 1975, which came into force with effect from 2nd Sept. 1972. The employment has been denied to the petitioner on the ground that the said Rules of 1975 came into force with effect from 2nd September 1972, while the father of the petitioner expired prior to 2nd September 1972. It has been held by a Division Bench of this Court in the case of Shasi Kant v. State of Rajasthan, reported in 1989 (1) RLR 586 that merely beca...
Smt. Ratna Prabha Vs. Commissioner of Income-tax
Court: Rajasthan
Decided on: Oct-26-1990
Reported in: 1990(2)WLN335
B.R. Arora, J.1. The Income Tax Appellate Tribunal, Jaipur Bench, Jaipur, referred the following question for the opinion of this Court Under Section 256(1) of the Income Tax Act:Whether on the facts and in the circumstances of the case, the Appellate Tribunal has rightly held that the assessee is not entitled to deduction for vacancy allowance Under Section 24(1)(ix) of the in come-Tax Act read with Explanation thereto Inserted with effect from 1.4.77, for the assessment year 1977-78.2. The assessee derives income from 1/6th share in the house property situated at Bhagwandas Road, Jaipur. One portion of the said property was let-out by the assessee to M/s. Geoffrey Manners Ltd., at the rent of Rs. 2500/- per month, but during the accounting period relevant to the assessment year in question,i.e. 1977-78, the house remained vacant through-out the year. The Income Tax Officer, while framing the assessment, included the Gross Annual let-in value of the property in the income of the asses...
Ratan Lal Vs. Raj. Housing Board
Court: Rajasthan
Decided on: Oct-25-1990
Reported in: 1990WLN(UC)338
ORDERShri Ratan Lal Sharma S/o Sh. Mali Ram Sharma is hereby appointed as Personal Assistant to Chairman in the pay scale of Rs. 620- 1100 with other usual allowances with effect from 4th August, '82, the date from which he has taken over as P.A. to Chairman. He will also be entitled to other facilities as admissible.This bears the approval of Chairman.Sd/-Sher NathSecretary.Copy for information and necessary action to the following:1. PS to Chairman, RHB, Jaipur,2. P.A. to H.C. Secretary, DAO, Dy. HC (HO), Dy. HC (J/C) Dy. HC (Kota Circle), Jodhpur Circle,3. Finance Cell4. All concerned.A modification of this order was passed on September 6,1982 wherein it was mentioned that in partial modification of the previous order, dated 2nd September, 1982, Shri Ratan Lal Sharma is appointed as Personal Assistant to the Chairman, Rajasthan Housing Board on contract basis on a fixed pay of Rs. 730/- per month with other facilities like D.A., H.R.A., CCA. and other allowances admissible on such p...
Ramesh Chand Paliwal Vs. the State of Rajasthan and anr.
Court: Rajasthan
Decided on: Oct-25-1990
Reported in: 1990WLN(UC)496
Navin Chandra Sharma, J.1. The petitioner passed his degree in Bachelor of Laws in the year 1979, while continuing in service as Private Secretary-cum-Judgment Writer in the Rajasthan High Court. An advertisement dated July 6, 1989 was published by the Rajasthan Public Service Commission, Ajmer (respondent No. 2) for recruitment to 21 posts of Munsif-cum-Judicial Magistrate, First Class in Rajasthan Judicial Service, in 'Rajasthan Patrika' dated July 12, 1989. Out of these 21 posts, 11 posts were meant for general category candidates and 10 posts were reserved for candidates belonging to Scheduled Castes and Scheduled Tribes. It was further mentioned that in the event of non availability of suitable candidates belonging to Scheduled Castes and Scheduled Tribes, the reserved posts will be filled in form amongst the candidates belonging to general category. Recruitment to the Rajasthan Judicial Service is governed by the Rajasthan Judicial Service Rules, 1955 (for short, hereinafter, 'th...
United India Insurance Co. Ltd. Vs. Arjunlal and ors.
Court: Rajasthan
Decided on: Oct-24-1990
Reported in: 1991ACJ557
Milap Chandra, J.1.This appeal has been filed against the award passed by the Motor Accidents Claims Tribunal, Jodhpur, dated January 12, 1990 by which a sum of Rs. 48,000/- has been awarded as compensation to the petitioner-respondent Nos. 1 and 2. The facts of the case giving rise to this appeal may be summarised thus.2. On May 30, 1986 at about 6.15 p.m., Chandra Prakash, 9 years old, was going along with his mother on the Bhagat Ki Kothi Road, Jodhpur. From the opposite direction, truck No. RJC 2283 came with an excessive speed and dashed against Chandra Prakash. As a result thereof, he died on the spot. His parents filed an application under Section 110-A, Motor Vehicles Act, 1939 (hereinafter to be called 'the Act'). The Tribunal awarded Rs. 15,000/- to the petitioners under Section 92-A of the Act. After holding necessary enquiry, the said award was given by the Tribunal.3. At the admission stage, the respondent Nos. 1 and 2 put their appearance through Mr. J.M. Bhandari, Advoca...
Bhika Lal Vs. State of Rajasthan
Court: Rajasthan
Decided on: Oct-17-1990
Reported in: 1990(2)WLN148
G.K. Sharma, J.1. The petitioner was married to Mst. Basanti on 22nd Aug., 1981. After the marriage their relations became strained, resulting that Mst. Basanti left the petitioner on 15th December 1984 and went to her fathers's house. Thereafter, the petitioner filed a divorce-petition on 18th Aug., 1987. The wife, Mst. Basanti was served with a notice and she submitted her reply on 5th Jan., 1988.2. The learned Counsel for the petitioner argued that upto 1988, even in the reply filed by Mst. Basanti, she did not allege any act of cruelty against her husband, the petitioner; thereafter, on 29th May, 1989, Mst. Basanti submitted a private complaint Under Section 498A & 406, IPC against the petitioner. The delay in filing the complaint, according to the learned Counsel for the petitioner, is sufficient to release the petitioner on anticipatory bail. He, how ever stated that in compliance with the order of this Court, the petitioner has returned the ornaments and the other articles which...
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