Rajasthan Court November 1995 Judgments
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Commissioner of Income Tax Vs. Co-operative Supply and Commission Shop ...
Court: Rajasthan
Decided on: Nov-13-1995
Reported in: (1996)133CTR(Raj)38
ORDERB. R. ARORA, J :The Tribunal, Jaipur Bench, Jaipur, at the instance of the Revenue, has referred the following question of law for the opinion of the High Court with respect to the asst. yr. 1977-78 of the assessee :'Whether, on the facts and in the circumstances of the case, the Tribunal was justified in law in holding that the interest of Rs. 71,467 received by the co-operative society from 13 members on outstanding balance could qualify for exemption under s. 80P(2)(a)(i) of the Act ?'2. This reference is squarely covered by the decision of this Court rendered in CIT vs . Co-operative Supply & Commission Shop Ltd. wherein, in the case of the assessee itself, for the asst. yr. 1977-78, (sic 1978-79) the same question was answered as under :'The basic requirement of s. 80P(2)(a)(i) of the IT Act, 1961, is that the society must be engaged in carrying on the business of banking or providing credit facilities to its members. Sec. 5(b) of the Banking Regulation Act, 1949, defines ban...
Pratap and anr. Vs. Abhay Kanwar and anr.
Court: Rajasthan
Decided on: Nov-09-1995
Reported in: 2(1996)ACC251
B.R. Arora, J.1. This appeal is directed against the Award dated 6.8.85 passed by the Judge, Motor Accident Claims tribunal, Jodhpur, by which the learned Judge of the Tribunal allowed the claim petition filed by the claimant and awarded compensation/damages amounting to Rs. 96,000/- to Smt. Abhay Kanwar, the mother of deceased Ramesh.2. The brief facts of the case are that on 27.11.79, deceased Ramesh was going on his scooter bearing registration No. RRL 7269 from his house to his factory situated at Basni, Jodhpur. When, after crossing the Indian Oil Depot, Ramesh reached near the main Basni road, the truck bearing No. RJM 180, which was being driven by driver Pratap, came from behind. The truck was being driven rashly and negligently and it hit the scooter of Ramesh. Ramesh received injuries and died on the spot. The claim petition was filed by Smt. Abhay Kanwar, the mother of deceased Ramesh on 20.5.80 before the Motor Accident Claims Tribunal, Jodhpur, against Pratap and Hanif, wh...
Deepak Builders Vs. the State of Rajasthan and ors.
Court: Rajasthan
Decided on: Nov-08-1995
Reported in: AIR1996Raj178; 1996(1)WLC556
B.R. Arora, J. 1. This appeal is directed against the judgment dated 19-10-1995, passed by the learned single Judge, by which the learned single Judge dismissed the writ petition filed by the petitioner-appellant and held that the decision taken by the respondents is only on the administrative side and involves technicalities of the matter and no vested rights of the petitioner stand infringed by the action of the respondents.2. Bids for contract of pre-qualification were invited by the Irrigation Department of the Government of Rajasthan for earth-work of main Earthen Dam from RD 355 to 595-M including pitching and rock toe and the construction of Head out-let sluice of Mewara Minor Irrigation Project constructed across Majam river about 35 kilometres from Dungarpur near Mewara village (district Dungarpur). The parties interested in the contract were asked to apply for pre-qualification in the manner set-out in the Tender form. It was, also, mentioned in the Tender Form that the tende...
Chief Engineer, Irrigation Vs. Kamlesh and ors.
Court: Rajasthan
Decided on: Nov-08-1995
Reported in: (1996)IILLJ316Raj; 1996WLC(Raj)UC368
ORDERN.L. Tibrewal, J.1. In this petition under Article 226 of the Constitution of India, the petitioner challenges the legality of the Award dated, August 24, 1994, passed by Labour Court, Bharatpur, whereby termination of the workmen, namely, Shamsher, Kamlesh, Kamal Singh and Dhruv Singh was held to be invalid for non-compliance of the provisions of Section 25F of the Industrial Disputes Act, 1947 (hereinafter to be referred to as 'the Act').2. The claim of the workmen was based on the facts that they were in employment of the petitioner, working in irrigation Department, Dho-lpur Division, from January 1, 1978 and their services were terminated without making compliance of Section 25F and 25G of the Act, inasmuch as, they were neither given one month's notice in writing nor paid wages for the period of notice and retrenchment compensation. They also pleaded that the employer did not publish the seniority list to show that they were the last persons to be employed in their category....
Anjana Vs. Mangal Singh and ors.
Court: Rajasthan
Decided on: Nov-08-1995
Reported in: I(1996)ACC486; 1996ACJ1349; 1996(3)WLC398
Mohini kapoor, J.1. Parliament in its wisdom has confined the applicability of Section 140 of the Motor Vehicles Act, 1988, to only those cases where the death and permanent disablement of any person is resulted from an accident. The interim compensation on the ground of 'no fault liability' has not been allowed in case of accident where disablement is temporary. Where the disablement is temporary, the injured person will be entitled to compensation after the whole matter is inquired into. At the time of moving an application under Section 140 of the Motor Vehicles Act the injured claimant has to satisfy that on account of the accident, he or she has been permanently disabled. In the present case, the certificate given by the doctor is as under:I certify that I have this day 29.6.1995 examined Anjana, 5 years, who states that she was accidentally injured on 12.11.1994 and was admitted into this hospital and discharged on.. .and treated in O.P.D. at...from 12.11.1994 to till...M.I. 11/2...
Rajmal Vs. State of Rajasthan and anr.
Court: Rajasthan
Decided on: Nov-03-1995
Reported in: 1996ACJ1166; AIR1996Raj80
ORDERArun Madan, J. 1. This order will dispose of the above application for compliance of order, dated 22-9-1989 passed by this Court in S. B. Civil Writ Petition No. 3967/1989 filed by the applicant-petitioner. This Court while disposing of the writ petition allowed the same in terms of its order, dated 22-9-1989 with the direction to the State Government for conducting thorough inquiry into the matter and the circumstances resulting in the death of the petitioner's wife Smt. Lalitabai while she was being operated for Laproscopic Tubectomy on 2nd April, 1989 at Primary Health Centre, Gangapurcity, District Sawaimadhopur. This Court had also directed vide the said order that a high level inquiry to be initiated into the matter so as to ascertain the cause of death of Smt. Lalitabai and to fix the responsibility for negligence, if any, on the concerned Doctor. It was further directed that if the circumstances leading to the death of the petitioner's wife were accidental on account of ca...
In Re: Sirohi Cements Ltd.
Court: Rajasthan
Decided on: Nov-03-1995
Reported in: [1998]94CompCas769(Raj)
V.K. Singhal, J.1. Both the aforeaid applications are being disposed of by this common order.2. An application under Section 446(2) of the Companies Act has been made by RFC and RIICO to remain outside the liquidation proceedings. In this matter a reference was received from the Board for Industrial and Financial Reconstruction under Section 20 of the Sick Industrial Companies (Special Provisions) Act, 1985. The possession of the unit has beentaken over by the RIICO on March 10, 1995. The dues of the RIICO are stated to be to the tune of Rs. 2.09 crores as on October 15, 1995. The RFC has stated that the dues are Rs. 82.52 lakhs as on October 1, 1995,3. Besides this, the SBB] is also one of the creditors. The claim of the workmen is also to be taken into consideration by the official liquidator,4. The arguments of learned counsel for the parties have been heard. Learned counsel for the applicant placed reliance on the decision in Central Bank of India v. Elmot Engineering Company [1994...
National Textile Corpn. (D.P. and R.) Ltd., Unit Mahalakshmi Mills Vs. ...
Court: Rajasthan
Decided on: Nov-01-1995
Reported in: (1998)IIILLJ700Raj; 1996WLC(Raj)UC610
ORDERN.L. Tibrewal, J.1. By this petition under Article 226 of the Constitution the petitioner challenges the order dated, September 12, 1989 passed by the Labour Court, Jaipur, under Section 33C(2) of theIndustrial Disputes Act, 1947 (for short the I.D. Act).2. The relevant facts necessary for the present petition are that Respondents No. 2 to 5 herein. who are Office Boys working in the office of the Unit Mahalaxmi Mills, Beawar, moved an application under Section 33C(2) of the I.D. Act for compulation of their wages for over time claiming a total sum of Rs. 42,048. The Labour Court vide impugned order recorded a finding that the respondent- workmen have worked 1/2 hour in excess to the prescribed normal working hours and as such, they were entitled to get over time wages at double the rates of ordinary wages for 1 excess hours worked by them during June, 1982 to June, 1985, the Labour Court computed Rs. 2,628 as over time wages and the same amountwas awarded to each of the workman.3...
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