Rajasthan Court April 1997 Judgments
Mahaveer Enterprises Vs. Union of India (Uoi) and ors.
Court: Rajasthan
Decided on: Apr-30-1997
Reported in: [2000]244ITR789(Raj)
M.G. Mukherji, C.J.1. This writ application has been filed by the Mahaveer Enterprises, Pindwara, District Sirohi, impugning certain assessment orders whereby the taxing authority levied tax on the writ petitioner as regards the sale of agricultural lands by the writ petitioner. There was a further prayer for quashing of the impugned penalty orders and a further prayer directing the respondents to refund the entire amount of tax, interest and penalty recovered from the petitioner on this account with interest. A general prayer was made so as to hold that the sale of agricultural lands does not give rise to any taxable income under the Income-tax Act irrespective of the fact of the location of the agricultural lands within or outside the municipal limits. There was a challenge to the vires of the Explanation inserted in Section 2(1A) of the Income-tax Act incorporated by the Finance Act, 1989, with retrospective effect from April 1, 1970, contending, inter alia, that the same was illega...
Tag this Judgment!Mahaveer Enterprises Vs. Union of India and ors.
Court: Rajasthan
Decided on: Apr-30-1997
Reported in: (1997)143CTR(Raj)252
ORDERM. G. MUKHERJI, C.J. :This writ application has been filed by Mahaveer Enterprises, Pindwara, District Sirohi, impugning certain assessment orders whereby the taxing authority levied tax on the writ petitioner as regards the sale of agricultural lands by the writ petitioner. There was a further prayer for quashing of the impugned penalty orders and a further prayer directing the respondents to refund the entire amount of tax, interest and penalty recovered from the petitioner on this account with interest. A general prayer was made so as to hold that the sale of agricultural lands does not give rise to any taxable income under the IT Act irrespective of the fact of the location of the agricultural lands within or outside the municipal limits. There was a challenge to the vires to the Explanation inserted in s. 2(1A) of the IT Act incorporated by the Finance Act, 1989, with retrospective effect from 1st April, 1970, contending inter alia that the same was illegal and unconstitution...
Tag this Judgment!Sohan Raj Surana Vs. the State of Rajasthan and ors.
Court: Rajasthan
Decided on: Apr-30-1997
Reported in: 1997(3)WLC347; 1997(1)WLN591
R.R. Yadav, J.1. The petitioner by way of filing the present writ petition initially questions the validity and legality of the suspension order dated 25.7.69 Ex. P/l and subsequently by way of amended writ petition, he questions the validity and legality of the impugned order of dismissal from service dated 25.7.89 Ex. P/14 to the writ petition on the ground inter alia, that once he was proceeded on the same charges in a criminal offence before a competent Court of law and was acquitted on the premises that the prosecution has failed to prove charges then thereafter the disciplinary authority cannot be allowed to dismiss him on the same set of circumstances on the same evidence which has been disbelieved by a competent Court of law. It is also averred in the writ petition that enquiry report and order of dismissal in his case is based on no evidence. It is also averred in the writ petition that the deceased-petitioner was not afforded reasonable opportunity of hearing and as such the ...
Tag this Judgment!Kshetriya Samyukt Vikas Parishad Samiti and ors. Vs. State of Rajastha ...
Court: Rajasthan
Decided on: Apr-29-1997
Reported in: 1998(1)WLC579; 1997(1)WLN562
V.K. Singhal, J.1. All these writ petitions are disposed of by this common judgment. The learned Counsel for the respondents have raised a preliminary objection that the writ petitions are not maintainable as filed by the societies or association of persons and that the petitions suffer from laches and delay.2. In the case of writ petition No. 1013 of 1996 the plot holders of villages Budhsingh Pura, Manohar Pura, Tilawala Badh, Jagatpur, Tilawala etc. have prayed that the notification dated 15.10.1991 issued under Section 4 and declaration dated 16.2.1993 issued under Section 6 of the Land Acquisition Act, 1894 and also the award dated 7.8.1995, be quashed and the respondents be directed not to interfere with the peaceful possession of the plot holders.3. In the case of writ petition No. 416 of 1996 the petitioner is stated to be an organisation of the plot holders of 45 schemes chalked out by many cooperative societies in the area of villages Budhsingh Pura, Manohar Pura, Tilawala Ba...
Tag this Judgment!State of Rajasthan Vs. Chatra Ram and ors.
Court: Rajasthan
Decided on: Apr-26-1997
Reported in: 1998CriLJ248; 1997WLC(Raj)UC685
G.L. Gupta, J. 1. Through this appeal State of Rajasthan has challenged the acquittal of 9 respondents by the learned Addl. Sessions Judge, Nagaur vide his judgment dated 30-4-1982 under Sections 147, 148, 302, 302/149, 307, 307/149, 323 and 324/34, IPC.2. The case relates to an occurrence which took place on 5-10-1980 at 7 p.m. in village Chhila in which four persons received injuries Phoosaram succumbed to injuries after some time. The FIR Ex.P/4 was lodged by Dula Ram (PW 5) at Police Station, Balaji wherein it was stated that when he along with Phoosa Ram, Pema Ram and Sona Ram were returning to their houses from the field of Pusa Ram, they were given beatings in the field of Jogidan by Chandra Ram, Narain Ram, Chatra Ram, Sheraram Birma Ram, Kishan Ram, Purkha Ram, Birma Ram and Mohan Ram. On this report a case under Sections 147, 148, 149, 307 and 323, IPC was registered in the police. The police obtained the injury reports of Pusa Ram, Sona Ram, Dula Ram and Pema Ram, inspected ...
Tag this Judgment!Girdhar Gopal and ors. Vs. Babulal and ors.
Court: Rajasthan
Decided on: Apr-26-1997
Reported in: 1999ACJ621
Shiv Kumar Sharma, J.1. Dissatisfied with the size of the award passed by the learned Judge, M.A.C.T., Jaipur dated 15.5.1989, the claimants have preferred this appeal.2. The claim-petition was related to an accident which occurred on 14.7.1983 resulting into the death of the only son of the claimants. The deceased Deepak was 17 years of age at the time of accident and he was a student of B. Com. 2nd year. Mr. Sandeep Mathur has placed reliance on Haji Zainullah Khan v. Nagar Mahapalika, Allahabad 1994 ACJ 993 (SC) and Bhura Lal v. Nanu Ram 1996 (1) WLC 142.3. In view of the ratios of the aforementioned judgments, the claimants in the present appeal are also entitled to get lump sum award of Rs. 1,50,000 as the case of the present appellants is not distinguishable from that of the cases referred herein-above. Therefore, I allow this appeal in part and the award granted by the learned Tribunal should be stepped up.4. Consequently, I direct that the appellants are entitled to receive a l...
Tag this Judgment!Rajasthan Financial Corporation Vs. State of Rajasthan
Court: Rajasthan
Decided on: Apr-26-1997
Reported in: 1997(1)WLN610
Amaresh Ku. Singh, J.1. Heard the learned Counsel for the petitioner and the learned Public Prosecutor.2. This petition is directed against the order dated 25th July, 1995 passed by the learned Civil Judge (Junior Division) cum Judicial Magistrate First Class, Kherwara by which order the learned Judicial Magistrate dismissed the application of the petitioner filed under Section 451 of the Criminal Procedure Code for giving the truck in the superdgi of the petitioner.3. The facts of the case so far as they are relevant for the disposal of this petition may be summarised as below: The Rajasthan Financial Corporation advanced loan to one Dharma for purchase of truck. Dharma utilised the loan for the purpose of purchasing the truck No. RJJ 2951. During the period when some installments of the balance of loan remained unpaid Dharma transferred the truck to one Mahesh Chandra. After sometime Dharma removed the truck from the possession of Mahesh Chandra and in consequence Mahesh Chandra file...
Tag this Judgment!The State of Raj. Vs. Gena Ram and ors.
Court: Rajasthan
Decided on: Apr-24-1997
Reported in: 1997(3)WLC209; 1997(1)WLN498
A.S. Godara, J.1. This appeal by leave has been preferred against the judgment and order of acquittal dated 29.11.78 passed by the learned Addl. Sessions Judge No. 2, Jodhpur in Sessions Case No. 7/78 thereby acquitting the accused-respondents of the offences charged with.2. Briefly stated, the facts giving rise to the prosecution of the accused-respondents, of whom Hindu Ram died during the pendency of this appeal resulting in abatement of his appeal, are as follows: P.W. 8 Labu Ram and P.W. 7 Ramu Ram are real brothers. P.W. 2 Shankar Ram is son of P.W. 7 Ramu Ram. P.W. 1 Teja Ram is son of Peera Ram who is brother of Ramu Ram and Labu Ram. P.W. 3 Sukha Ram and P.W. 4 Amara Ram are sons of Labu Ram. They are residing in Jakharon-ki-Dhani of Village Kosana. The accused are also residents of the same. Dhani and village. Both the parties are living in the same locality. The complainant party as well as the accused-party were having strained relationship due to straying of each other's a...
Tag this Judgment!Sang Singh and anr. Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Apr-23-1997
Reported in: 1997(3)WLC123; 1997(1)WLN560
Amaresh Ku. Singh, J.1. Heard the learned Counsel for the petitioners and the learned Public Prosecutor nobody appeared on behalf of non-petitioners No. 2 and 3 inspite of service of notice on them.2. This petition has been filed against the order dated 26th April, 1994 passed by learned sub-Divisional Magistrate, Banner under Sections 107 and 116(3) of the Criminal Procedure Code. A perusal of the order passed by the learned Sub-Divisional Magistrate shows that Naib Tehsildar First Tehsil, Barmer submitted an information before the learned Sub-Divisional Magistrate to the effect that Khasra No. 1462/2 was under attachment and Nakhta Ram S/o Mehara Ram was living in the house constructed on that Khasra and Nakhta Ram was stopped by Tan Singh and Sang Singh from entering into his residential premises and that the aforesaid persons had illegally occupied the premises of Nakhta Ram. It was further reported to the learned Sub-Divisional Magistrate that Tan Singh and Sang Singh had spread t...
Tag this Judgment!Maharaja Shree Umaid Mills Ltd., Pali Vs. State and ors.
Court: Rajasthan
Decided on: Apr-22-1997
Reported in: AIR1998Raj15; 1997(1)WLN555
ORDER1. Both these petitions are disposed of by this common order as the common question for decision is involved in these matters.2. Writ Petition No. 2924/90 is filed by the petitioner Maharaja Shree Umaid Mills Ltd., Pali and the Writ Petition No. 2791191 is filed by the petitioner Shree Rajasthan Syntex Ltd. Both the petitioners have challenged in these petitions the exhorbitant enhancement of fees for testing and inspection of the petitioners' installation from the year 1977-78 and onwards. Except the service number, connected load and number of machinery connected to it rest of the particulars in both the petitions are same. The petitioners were required to pay the fees for testing and inspection of its installation under the provisions of notification dated 25-8-59 published in Govt. Gazette dated 27-8-59 made effective from 1-1-1959 by the Stale Govt. which provides that fees shall be charged in accordance with the scales prescribed in the Schedule to the notification dated 17-...
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