Rajasthan Court October 1991 Judgments
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Halwai Sangh and anr. Vs. State of anr.
Court: Rajasthan
Decided on: Oct-03-1991
Reported in: 1991WLN(UC)371
N.C. Kochar, J.1. In this writ petition it has been prayed the bye-laws namely, Nagar Parishad, Bharatpur {Hotel, Restaurant, Bekary, Mithai, Pan, Khadyann evam any a Padarth, Bikri Ke Niyantran Va Niyaman Vishayak) Bye-laws, 1977 (for short byelaws' 1977) be quashed.2. It is submitted by Shri Maloon learned that the challenge to bye-laws has been given on several counts. The most important ground on which it has been challenged is that while publishing the notice regarding framing of bye-laws the provisions of sub Section 2 of Section 90 of Rajasthan Municipalities Act, 1959 (for short, the 'Act 1959') have been completely ignored. It is pointed out that in document No. 3 dt. December 30, 1976 a Notification was published by respondent Municipality in which it has been started that bye laws have been framed regarding hotels and restaurants which can be inspected at a particular place and objections may be raised within 15 days. It is pointed out that the proposed draft should have bee...
Kanha Vs. Ram Swaroop
Court: Rajasthan
Decided on: Oct-03-1991
Reported in: 1991WLN(UC)450
R.S. Kejriwal, J1. The revision has been directed against the order dated 4.8.1987, passed by Workmen's Compensation (Commissioner), Kota, in Claim Pet. No. 1/82.2. The brief relevant facts of the case are that the non-petitioner filed a claim petition before the Commissioner, Workmen's Compensation. Notice was duly served on the petitioner who also filed written statement. The case was fixed on 13.6.85 but none was present on behalf of the petitioner before the said Commissioner. Consequently, the Commissioner passed an order to proceed exparte Ultimately, the claim was decreed exparte on 21.12.1985 when the petitioner failed to deposit the amount in pursuance of the order dated 21.12.1985. Notice was issued on 1.4.1986 to the petitioner. In reply to the said notice, the petitioner submitted an application on 17.4.1986 for setting aside the order dated 13.6.85 and also the exparte decree/order dated 21.12.1985. The Commissioner, Workmen's Compensation rejected the application of the p...
Commercial Taxes Officer Vs. Sunil Trading Company
Court: Rajasthan
Decided on: Oct-01-1991
Reported in: 1992(1)WLC351; 1991WLN(UC)347
R.S. Kejriwal, J.1. This Sales Tax Revision Petition has been filed against the order dated 8th June, 1990, passed by Rajasthan Sales Tax Tribunal, Ajmer, whereby the said Tribunal allowed the appeal of the non-petitioner and set-aside the orders passed by C.T.O. (Anti-Evasion) dated 24.4.1989, and of the Deputy Commissioner (Appeals), Jaipur, dated 17.1.1990 and held that De-oiled cake is exempt from payment of tax as the same falls in Entry No. 9 of the Schedule read with Section 4 of the Rajasthan Sales Tax Act (for short the 'Act').2. The short question in this revision is as to whether De-oiled cake is taxable under the Rajasthan Sales Tax Act?3. The counsel for the petitioner Mr. Bafna argued that by virtue of Notification dated 8.3.1988, issued by the Government of Rajasthan under Section 5 of the Act, Sales Tax has been levied on De-oiled cake at the rate of 21/2%. He argued that under these circumstances the non-petitioner is liable to pay tax on de-oiled cake at the rate of 2...
Smt. Jyoti Sharma Vs. the State of Rajasthan and ors.
Court: Rajasthan
Decided on: Oct-01-1991
Reported in: 1991(2)WLN507
V.S. Dave, J.1. Call it by any name, lack of proper cordination, or lack of will to work seriously or inefficiency by the various departments of the Government, they all result in gross injustice to one, who is awaiting the day of deliverance from the prison bars, more particularly when he has acquired legal right to be set free. It is all the more unfortunate when the files concerning such speechless persons who are lodged in jail, are expected to be dealt with by all those officers who are expected to know the law and more particularly when law laid down by this court is not followed in letter and spirit. It is all the more distressing when orders passed in identical circumstances in identical cases are more followed in breach than in observance and this habeas corpus petition is not an exception to such a situation.2. This petition has been filed praying for the release of Kalulal from jail where, according to the petitioner, he is in wrongful confinement, since he was legally entit...
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