Rajasthan Court December 1994 Judgments
Rajasthan State Electricity Board Vs. the Judge Labour Court and anr.
Court: Rajasthan
Decided on: Dec-15-1994
Reported in: (1996)ILLJ152Raj; 1995(2)WLC314
ORDERArun Madan, J. 1. This D.B. Special Appeal filed under Section 18 of the Rajasthan High Court Ordinance. 1949, arising out of S.B. Civil Writ Petition No. 959/79, is directed against the judgment of the learned Single Judge ol this Court dated 28th Octoher, I9S6 hy which the learned Single Judge had disni isscd the writ petition filed hy the appellant-petitioner against the respondents. By the impugned award of the Judge, Labour Court. Jaipur, which was the subject-matter of the writ petition before the learned Single Judge. The Labour Court had held that the termination of theservices of Kamal Kishore, respondent No. 2 is illegal and void and that he was entitled to reinstatement in service with full hack wages. The learned Single Judge had further made a direction that with regard to the back wages payable to respondent No. 2, the appellant-Board will pay interest at the rate of 12% per annum from the date of award to respondent No. 2. 2. The facts giving rise to the tiling of t...
Tag this Judgment!R.S. Bhandari Vs. Income-tax Department and ors.
Court: Rajasthan
Decided on: Dec-08-1994
Reported in: [1995]214ITR735(Raj)
V.K. Singhal, J. 1. In the present writ petition, the petitioner has challenged the action of the Income-tax Department in not issuing advice to the bank for refund of the amount of Rs. 33,67,369 for which refund voucher No. 519850 was issued on April 26, 1994. A prayer has further been made that the amount of refund may not be given to the Excise Department.2. The brief facts of the case are that Messrs. Sher Mohammad Faizu Khan and party filed a return of its income for the year 1991, showing 49 persons as members of the association. The petitioner is one of such members having a five per cent. share. The assessment order which was passed was modified in appeal, as a result of which Rs. 33,67,369 was refundable. The said amount was withheld under Section 241 of the Income-tax Act, 1961, till March 31, 1994, or till the decision in second appeal by the Department before the Income-tax Appellate Tribunal, whichever is earlier. The second appeal was not decided by the Tribunal and there...
Tag this Judgment!Durga Shankar Vs. Smt. Dhapu Bai
Court: Rajasthan
Decided on: Dec-08-1994
Reported in: 1996CriLJ745
ORDERB.R. Arora, J.1. This revision petition is directed against the order dated 13-7-93, passed by the Judge, Family Court, Udaipur, by which the learned Judge of the Family Court allowed the application under Section 125 Cr.P.C. filed by the applicant-wife Smt. Dhapu Bai and awarded her maintenance @ Rs. 300/ - per month to her and Rs. 150/- per month to each of her two daughters Kumari Seema and Kumari Kalawati with effect from 17-9-92.2. Smt. Dhapu Bai, on 17-9-92, filed an application under Section 125 Cr.P.C. against her husband/ petitioner Durga Shanker, for the grant of maintenance to herself as well as to her two minor daughters. It was alleged in the application that the marriage of applicant Smt. Dhapu Bai with petitioner Durga Shanker took place 15/16 years before and out of this wed-lock, two daughters, viz., Kumari Seema and Kumari Kalawati, were born to her. She was subjected to cruelty by her in-laws as well as by her husband and several times she was given beatings. Sh...
Tag this Judgment!Aditya Mills Ltd. Vs. Union of India and Others.
Court: Rajasthan
Decided on: Dec-08-1994
Reported in: (1995)128CTR(Raj)419; [1995]214ITR669(Raj)
JAIPUR BENCHV. K. SINGHAL J. - In this writ petition under article 226 of the Constitution of India, the petitioner has challenged the notice dated April 22, 1978, under section 147 of the Income-tax Act, 1961, on the ground that no reason has been recorded as contemplated under section 148 and the said reasons are arbitrary, illusory and fanciful.The facts of the case are that after initiation of the proceedings under section 147, the petitioner received a letter dated September 1, 1982, from which it transpires that reopening of the proceedings is sought on the basis of the amount of commission which was paid to its sole-selling agent. It is submitted that the said amount is disclosed in the balance-sheet which was submitted to the assessing authority in the course of the assessment proceedings. It was further submitted by learned counsel that the material facts which were necessary having already been disclosed, the action of the Income-tax Officer is entirely illegal and arbitrary....
Tag this Judgment!Mahaveer Textiles Vs. Union of India (Uoi) and ors.
Court: Rajasthan
Decided on: Dec-07-1994
Reported in: (1995)IILLJ1057Raj; 1995(2)WLC49
R.R. Yadav, J.1. The petitioner-establishment has filed the instant writ petition under Article 226 of the Constitution of India with a prayer that he should be declared to be entitled for infancy period under Section 16 of the Employees Provident Funds & Miscellaneous Provisions Act, 1952 (hereinafter referred to as 'the Act of 1952') and order passed by the Regional Provident Fund Commissioner, Jaipur (respondent No. 2) dated May 18, 1982 followed by recovery proceedings dated August 17, 1982 Annex. 9 and 10 respectively be quashed. It is further prayed that the order passed by respondent No. 4 in exercise of his powers under Section 19A of the said Act passed on October 23, 1992 Annex. 12 to the writ petition may also be quashed.2. The aforesaid reliefs are being prayed by the petitioner- establishment on the ground, inter alia that it is an establishment which came into existence on September 3, 1979 by an instrument of partnership-deed Annex. 1 to the writ petition executed betwee...
Tag this Judgment!Smt. Jamni Vs. the State
Court: Rajasthan
Decided on: Dec-07-1994
Reported in: 1995CriLJ3071; 1995(2)WLC84
R.R. Yadav, J.1. This appeal is preferred against the judgment dt. 13-9-93 passed by learned Sessions Judge, Bhilwara in sessions case No. 85/92 by which he found accused appellant, Smt. Jamni guilty for the offence under Section 302, IPC. The learned Sessions Judge convicted the accused appellant under Section 302, IPC for committing murder of her husband Rameshwar and sentenced her to imprisonment for life together with a fine of Rs. 500/- and in default of payment of fine to further under go one year's RI.2. The facts of this case in nutshell can be recapitulated within narrow compass which is apparent from the written report Ex. P7 lodged by PW2, Gordhan on 18-2-92 at 6.15 a.m. on the basis of which formal FIR Ex. P8 was drawn at Police Station Gangapur Distt. Bhilwara. According to said Ex. P8 it is alleged that day before yesterday i.e. 16-2-92 the brother of Jamni namely Girdhari Lai and her maternal uncle namely Bansidhar came with her from their village Nari and on the same ev...
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