Rajasthan Court October 1997 Judgments
Assistant Commercial Taxes Vs. Habib Engineering Works
Court: Sales Tax Tribunal STT Rajasthan
Decided on: Oct-27-1997
Reported in: (2003)133STC275Tribunal
1. This application for revision filed before the Rajasthan High Court stood transferred to this Tribunal with the coining into force of the Rajasthan Taxation Tribunal Act, 1995 and is directed against the judgment dated August 2, 1994 in appeal No. 34/91/ST/Chittorgarh of the Rajasthan Sales Tax Tribunal (as the Rajasthan Tax Board, hereinafter referred to as the Board, was then known) upholding the judgment dated November 30, 1990 of the Deputy Commissioner, Appeals, Commercial Taxes Udaipur setting aside the order dated August 16, 1990 of the petitioner-assessing authority (AA) made under Section 17 of the Rajasthan Sales Tax Act, 1954 ("RST Act") rectifying the assessment order dated January 16, 1988 made under Section 10, RST Act with respect to the assessment periods April 1, 1984 to March 31, 1985 and April 1, 1985 to March 31, 1986.2. We have heard the learned counsel for the parties and have considered the material on record.3. By a notification No. F.4(26)FD/Gr.IV/79-21 dat...
Tag this Judgment!Official Liquidator, Auto Electricals (India) Pvt. Ltd. Vs. P.R. Mehta ...
Court: Rajasthan
Decided on: Oct-24-1997
Reported in: [1999]98CompCas62(Raj)
N.L. Tibrewal, J. 1. The official liquidator of the company in liquidation, namely, Auto Electricals (India) Pvt. Ltd., has filed this application under Section 454 of the Companies Act, 1956 (for short 'the Act'), with the prayer to suitably punish the non-applicants, who are ex-directors of the company as they have failed to submit the statement as to the affairs of the company in the prescribed form within the stipulated period. 2. The undisputed facts are that non-applicant No. 1, P. R. Mehta, who was the managing director of the company, filed Company Petition No. 11 of 1985 under Section 433 read with Section 439(b) and 439(c) of the Act with a prayer to order winding up of the company and to appoint the official liquidator attached to the court as provisional liquidator of the company. This petition was filed on October 4, 1985. Vide order dated September 18, 1987, the company court appointed the official liquidator as provisional liquidator of the company. Thereafter, vide orde...
Tag this Judgment!Rajasthan State Road Transport Corporation Vs. Gopal Singh and anr.
Court: Rajasthan
Decided on: Oct-24-1997
Reported in: (1999)IIILLJ810Raj; 1998(1)WLC1; 1997(2)WLN658
M.G. Mukherji, C. J. 1. The reference is at the instance of the learned single Judge in S. B. Civil Writ Petition No. 6345/ 1992 and S. B. Civil Writ Petition No. 3784/1993. In the first writ application filed by the Rajasthan State Road Transport Corporation ('RSRTC' for short hereinafter) the award dated December 3, 1991 as passed by the Labour Court, Bhilwara in Labour Case No. 9/1991, formerly numbered as 39/1987 has been impugned by the RSRTC whereby the learned Judge, Labour Court having found the order of termination dated October 8, 1994 to be unsustainable directed reinstatement of the workman Gopal Singh treating his case to be one of continuous employment and observed that the said Gopal Singh would be entitled to 50% of his backwages till the date of the award and would be entitled to full wages thereafter. His two annual grade increments were withheld. The, RSRTC was also declared to be entitled to deduct a sum of Rs. 8000/- to which extent it sustained as a loss on accoun...
Tag this Judgment!Nemi Chand Sharma and Etc. Etc. Vs. Mehrishi Dayanand Saraswati Univer ...
Court: Rajasthan
Decided on: Oct-24-1997
Reported in: AIR1998Raj256; 1998(3)WLC67
Verma, J1. The above said D. B. Special Appeal No. 765/94. has been directed against the order dated 24th of August, 1994, passed by Hon. Mr. Justice, V. K. Sinehal, in C. W. No. 5473/ 1994.2. The facts and grounds of challenge in the appeal and connected writ petitions are common and, therefore, they are being decided by common judgment.3. The facts are being taken from D. B. Civil Special Appeal No. 765/1994, arising out of Civil Writ Petition No. 4573/l994 (Nemi Chand Sharma v. M.D.S. University). The learned single Judge had dismissed the writ petition vide order dated 24th August. 1994. holding that Rule 5 of the Pre Teacher Education Test (hereinafter called as the 'PTET'), contained in the guidelines issued by the Mehrishi Dayanand Saraswati University. Ajmer (for short the 'University'), was not ultra vires as per judgment of a Division Bench of this Court in Mahavir Prasad Jangid v. State of Rajasthan and another in D. B. Civil Writ Petition No. 2345/1987. and as many as 214 o...
Tag this Judgment!Mohan Lal Vs. Rakesh Meghwal and ors.
Court: Rajasthan
Decided on: Oct-24-1997
Reported in: 1998(1)WLN389
V.S. Kokje, J.1. The petitioner who was the official candidate of the Indian National Congress in the last assembly elections held in the year 1993 from the Parbatsar Assembly Constituency No. 197 of the Rajasthan Legislative Assembly has challenged the election of respondent No. 1 who was the official candidate of the Bhartiya Janta Party at that election.2. The election petition raised three grounds for setting aside the election. Firstly it was alleged that the election of respondent No. 1 was liable to be declared void on account of improper acceptance of nomination paper of respondent No. 1 on account of which result of the election was materially affected. Secondly, it was alleged that the election of respondent No. 1 was materially affected on account of improper rejection of votes of the petitioner and improper inclusion of votes cast in favour of the petitioner in the number of votes cast in favour of respondents No. 1 and 2, Thirdly, it was alleged that the election of respon...
Tag this Judgment!Hastimal Lodha Vs. Shakuntala Kumari and ors.
Court: Rajasthan
Decided on: Oct-23-1997
Reported in: 1999ACJ790
D.C. Dalela, J.1. Both the appeals have arisen out of the common award dated 5.9.1994 passed by the learned Motor Accidents Claims Tribunal, Jaipur City, Jaipur, (for short 'the Tribunal'), in the Motor Accident Claim Case Nos. 566 and 728 of 1987, relating to the same accident that took place on 27.4.1987. Both the appeals involve a common legal question, therefore, they are being decided by this common judgment.2. It is alleged that on 27.4.1987 at about 3.30 p.m., Banwari Lal and Harishchand Kumar were going on a scooter from Tilak Nagar towards Moti Doongri Road, a bus bearing No. RRZ 3851 collided with the scooter from back. The scooter was driven by Harishchand Kumar and Banwari Lal was pillion rider. The bus was driven by Ismail Khan rashly and negligently. Both Banwari Lal and Harishchand Kumar sustained injuries in the accident and ultimately, both of them expired. The bus was owned by Hastimal Lodha and it was insured with National Insurance Co. Ltd.3. Respondent Nos. 1 to 4 ...
Tag this Judgment!Oriental Insurance Co. Ltd. Vs. Sunita Dhanda and ors.
Court: Rajasthan
Decided on: Oct-23-1997
Reported in: 1999ACJ916
D.C. Dalela, J.1. Both these appeals referred to above, arise out of the same award dated 18.11.1988 of the learned Motor Accidents Claims Tribunal, Jaipur, (for short 'the Tribunal'), passed in Motor Accident Claim Case No. 168 of 1983 and, hence, they are being disposed of by this common judgment. Claimant, Parmendra Nath Dhanda (who has since died during the pendency of the appeals and his legal heirs have been brought on record as the appellants in the Appeal No. 133 of 1989, and, was respondent No. 1 in the Appeal No. 65 of 1989, hereinafter referred to as 'the claimants'), filed a claim petition against the truck driver, Jaswant Singh (respondent No. 1 in Appeal No. 133 of 1989 and respondent No. 2 in Appeal No. 65 of 1989, hereinafter referred to as 'the truck driver'), D.M.H.P. Sales Ltd., Delhi, (respondent No. 2 in Appeal No. 133 of 1989 and respondent No. 3 in Appeal No. 65 of 1989, hereinafter referred to as 'the truck owner'), the truck insurer, Oriental Insurance Co. Ltd....
Tag this Judgment!Madan Mohan and anr. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Oct-23-1997
Reported in: 1998(1)WLC690; 1997(2)WLN545
M.A.A. Khan, J.1. Heard.2. On 19.4.1997 Suresh Chand Sharma, the informant, lodged a report with the P/s. Hindaun City, regarding the commission of rape by Vrindavan, applicant No. 2 on his wife Smt. Kusumlata. Against Madan Mohan, applicant No. 1. it was alleged that when Suresh went to protest against the mis-behaviour of Vrindavan, applicant No. 2, against his wife, he was beaten by Madan Mohan and Vrindavan, applicant Nos. 1 and 2. The police registered a case for offences Under Sections 323, 451 and 376/511 IPC. After investigation the police came to the conclusion that no offence, punishable Under Section 376 r.w. Section 511 IPC was committed in the case. A police report for offence Under Sections 451 and 323 IPC was accordingly submitted before the A.C.J.M., Hindaun. It appeals that after the learned Magistrate had received the police report, he directed the police to get Smt. Kusumlata examined Under Section 164 Cr. P.C. Smt. Kusumlata was accordingly examined on 12.6.1997 Und...
Tag this Judgment!Miss Monika JaIn Vs. the State of Rajasthan
Court: Rajasthan
Decided on: Oct-23-1997
Reported in: 1998(1)WLC301; 1997(2)WLN561
B.S. Chauhan, J.1. The instant petition has been filed challenging the order dated 19.12.1996 contained in Annex. 2 to this petition by which the result of the examination for B.Com. Part. 1 1996 has been cancelled and the petitioner has further been debarred from appearing in examinations for the years 1997 and 1998.2. Petitioner was a student of B.Com. Part 1 and appealed in the examinations held in May, 1996 from the Examination Centre in PND College, Gajsinghpur, as a regular student. In the said examination, petitioner was allotted the Roll No. 56862. After the examinations were over, the result of B.Com. Part I was declared on 19.7.1996 and the same was published in the newspapers, wherein it was shown that the result of the petitioner had been withheld on the ground of using unfair means. Respondents university served a notice at 11.9.1996 contained in Annex. 1, wherein the petitioner was asked to appear before the unfair Means Standing Committee constituted by the respondent Un...
Tag this Judgment!D.R. Kalla and ors. Vs. the State of Rajasthan
Court: Rajasthan
Decided on: Oct-22-1997
Reported in: 1998(2)WLC169; 1997(2)WLN550
B.S. Chauhan, J.1. In all these cases, similar legal issues are involved and therefore, they are being disposed of by a common judgment.2. Mainly two averments have been made. Firstly ; the authority which passed the impugned suspension order is not competent to do so, not being the appointing authority and, secondly; petitioners are facing criminal trial, on the same charges and the disciplinary proceedings ought to have been stayed till the finalisation of the trial in the criminal court.3. In view of the above legal submissions, the facts involved in these cases are irrelevant but it may be mentioned that the criminal cases are pending for 2 to 3 years and suspension orders have been passed quite a long ago.4. The issues involved are no more res Integra. The said issues had been considered in a catena of decisions. On the first issue, learned Counsel for the petitioners have vehemently argued that the authorities which passed the suspension orders are not the appointing authorities ...
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