Rajasthan Court September 2000 Judgments
Marudhara Conductors (P) Ltd. Vs. Assistant Commissioner of Income Tax
Court: Rajasthan
Decided on: Sep-08-2000
Reported in: (2001)70TTJ(NULL)661
ORDERP. M. Jagtap, A.M.This appeal is preferred by the assessee against the order of Commissioner (Appeals), Jodhpur, dated 19-7-1993.2. The learned counsel for the assessee submitted that the assessee has decided not to press ground Nos. 1, 2 and 3. Accordingly the same are dismissed as not pressed.3. Ground No. 4 relates to disallowance of Rs. 1,31,853 out of interest income. The facts giving rise to this issue are that the assessee debited a sum of Rs. 81,853 and Rs. 50,000 towards interest payable to MMTC Jaipur and MMTC Yamuna Nagar, respectively. It was noticed by the assessing officer from the audit report furnished by the assessee along with the return of income that there was a dispute between the assessee and MMTC regarding the amount of interest. It was also noticed by the assessing officer that there was no settlement arrived at between the parties and the liability remained in dispute at the relevant time. He, therefore, considered the provisions of interest made by the as...
Tag this Judgment!Hotel Association of Jaipur Through Its Secretary Vs. the Municipal Co ...
Court: Rajasthan
Decided on: Sep-08-2000
Reported in: 2001(4)WLN323
P.P. Naolekar, J.1. Learned counsel for the appellant undertakes to withdraw the review application filed before the learned Single Judge for review of the order passed on 15.3.1999 in writ petition No. 2067/98.2. Hotel Association of Jaipur (herein appellant Association) is a registered association having the membership of the persons who are carrying on business of hotel in Jaipur City. Prior to the Rajasthan Municipalities Act, 1959 (for short 'the Act of 1959') came into force the Jaipur Municipal Act, 1943 (for short 'the Act of 1943') was in force in Jaipur City. Under the Act of 1943 bye-laws were framed for regulating, licensing and inspecting the conduct of places used a hotels, restaurants, boarding and lodging houses etc. The bye-laws were given effect from 1.5.1946.3. As per Sub-Clause (b) of Clause 2 the period of licence for running the hotels and restaurants or boarding and lodging houses was upto one year. Under the old bye-laws the members of the appellant Association ...
Tag this Judgment!Dalpat Raj Bhandari Vs. President of India and Others
Court: Rajasthan
Decided on: Sep-07-2000
Reported in: 2001(1)WLC149; 2001(1)WLN603
ORDERLakshmanan, CJ.1. The unsuccessful petitioner in the writ petition is the appellant in this appeal. The case was argued before the learned Single Judge as well as before us by the petitioner-appellant in person. An interesting prayer was made in the writ petition in the nature of mandamus. The prayer in the writ petition reads as follows:i) Respondents be directed to advertise the post of Chief Justice of India, Judges of Supreme Court. Chief Justice of High Courts andJudges of High Court and petitioner be provided an opportunity to apply under such advertisement and compete before any appointment is made and selection be made after considering all candidates who are eligibles and applies for such appointment.ii) It be declared right to opportunity to apply for the post of and appointment of Chief Justice of India, Judge of Supreme Court, Chief Justice of State and High Court is an un- amendable fundamental right in these appointments and every eligible has right to apply and comp...
Tag this Judgment!Punjab National Bank and ors. Vs. Surendra Nath
Court: Rajasthan
Decided on: Sep-07-2000
Reported in: (2001)ILLJ79Raj; 2001(1)WLC352; 2001(1)WLN359
Dr. AR. Lakshmanan, C.J. 1. Punjab National Bank, New Delhi andtwo others are the appellants in this SpecialAppeal. This Special Appeal was filed by theBank against the judgment passed by thelearned single Judge on February 16, 2000 inS.B. Civil Writ Petition No. 824/1992,quashing the punishment orders and grantingof consequential benefits to the respondentherein, petitioner in the Writ Petition. 2. The writ petition was filed to quash the order dated September 26, 1990 (Annexure 13), of the disciplinary authority and that the order dated November 11, 1991 (Annexure 17), passed by the appellate authority imposing punishment of removal of the respondent herein from service and other consequential reliefs.3. According to the respondent, he belongs to Rawal community, which is a Scheduled caste and that the said community follows Nath sect. He made an application to the Executive Magistrate (Tehsildar), Pali, the authority competent to grant certificate certifying that the respondent belo...
Tag this Judgment!Divisional Mechanical R.S.R.T.C. and ors. Vs. Mohanlal Mali and ors.
Court: Rajasthan
Decided on: Sep-07-2000
Reported in: 2001(4)WLC480; 2001(1)WLN371
Rajesh Balia, J.1. The matter has come up on application for early hearing on behalf of respondents. The consent of the parties matter has been heard.2. The subject mater of this writ petition is an award made by the Labour Court, Jodhpur dt. 15.1.1999 (Annexure-6) read with the earlier order dt. 17.12.1990 (Annexure-4). Mohanlal respondent No. 1 since deceased, was charged with misconduct of beating a fellow worker and abusing him while he was returning home after attending the Court hearing at Jalore on 21st Feb. 1983. After holding a departmental enquiry into the charges the said workman was dismissed from services by order dt. 24th June, 1983 and remuneration for the period of suspension was also forfeited. The dispute about the said punishment was referred to Labour Court, Jodhpur for adjudication vide notification dt. 23rd July, 1989. By the order dt. 17.12.1990 the Labour Court found the enquiry to be invalid for two reasons. Firstly that the workman was not given a copy of rele...
Tag this Judgment!Om Prakash Purohit Vs. Union of India and ors.
Court: Rajasthan
Decided on: Sep-06-2000
Reported in: 2001(1)WLC462; 2001(1)WLN178
ORDERBalia, J.1. Appellant in this appeal is an Engineer employed in the Central Public Works Department. While he was working as Superintending Engineer, Jodhpur Central Circle, CPWD, Jodhpur, the appellant was ordered to be transferred as Superintending Engineer, (Valuation) Bhopal vide order dated 19.7.99, which was communicated by the Deputy Director (Administration), New Delhi, from the office ofthe Directorate General or the Central Public Works Department. The order was at the instance of the Director General of the Central Public Works Department. By the same order Mr. R.P. Mathur, respondent No. 5 in this appeal who was then working as Superintending Engineer, P&A;, North Zone III, Jaipur was posted vice appellant. The order dated 19th July, 1999 in all contained 4 transfers including of the appellant and said Mr. R.P. Mathur. According to that order, one Lalit Mohan, S.E. (Valuation), Bhopal has been transferred as S.E. (P&A;) North Zone III Jaipur vice Mr. R.P (2) Mathur and...
Tag this Judgment!Dr. Sarvada Nand Sharma Vs. State of Rajasthan
Court: Rajasthan
Decided on: Sep-06-2000
Reported in: 2001(1)WLN82
ORDERLakshmanan, CJ.(1). These two appeals have been filed by Dr. Sarvada Nand Sharma and the State of Rajasthan, against the order dated 27.8.1997, passed by a learned Single Judge of this Court. We have heard Shri R.C. Joshi, learned counsel for Dr. Sarvada Nand Sharma, and Shri N.K. Maloo, learned counsel for the respondent - State. (2). The petitioner appellant in Appeal No. 852/1999, was serving as Sheep & Wool Extension Officer. A charge sheet was served upon him under section 16 of the Rajasthan Civil Services (Classification, Control & Appeal) Rules, 1958 on 22.10.1982. After conducting the enquiry, an order dated 3.8.1985, imposing punishment of dismissal from service, was passed by the respondent State. The said order was challenged by the petitioner appellant in this Court by filing writ petition. The writ petition was disposed of by a learned Single Judge vide order dated 27.8.1997. A short order was passed by the learned Single Judge, which reads as under; 'By this writ pe...
Tag this Judgment!Tehsildar, Girva Vs. Bhagwan and Others
Court: Rajasthan
Decided on: Sep-06-2000
Reported in: 2001(4)WLC387; 2002(1)WLN168
ORDERBalia, J. (1). Undisputed facts in the present case as found by all the authorities passing orders Ex. 4, Ex. 5 and Ex.6 are that the land in question was recorded in the name of respondents No. 1 to 6 before the Settlement Officer in Samvat 2041 ordering change in the jamabandi on 21.11.84 to enter the name of Shri Eklingji Maharaj as Khatedar. Aggrieved with the change, the respondents No. 1 to 6 have made the application before the Addl. Collector, Udaipur alleging that the settlement authorities are required to repeat the entiries of existing Jamabandies and are not authorised to alter the entries without orders or any legal sanction from competent authorities in appropriate proceeding and as such the order of Settlement Officer dated 21.11.84 is without jurisdiction. The Addl. Collector, in the first instance, had no quarrel with the aforesaid principle but on a report submitted about the properties of the temple came to the conclusion that since as per that report the land i...
Tag this Judgment!State of Rajasthan Vs. Bhanwarlal
Court: Rajasthan
Decided on: Sep-06-2000
Reported in: 2001(1)WLC325; 2001(1)WLN122
ORDERPalshikar, J.(1). Being aggrieved by the order of acquittal passed by the learned Sessions Judge, Bikaner on 5.1.84 in Sessions Case No. 128/82, the State has come up in appeal against the said acquittal on the grounds mentioned in the memo of appeal as also verbally canvassed before me.(2). With the assistance of the learned P.P. and the learned counsel for the accused, I have scrutinised the record and reappreciated the oral and documentary evidence.(3). The prosecution story as unfolded on reappreciation of the evidence is that on 3.9.82 a seven years' old girl named Soma was playing near her house on the road when the accused came there, took her into the house and raped her. At that time, the girl cried and hearing her cries, one Gordhan went to the house. On seeing him, the accused ran away. Gordhan took the bleeding girl to her mother and thereafter when the father of the girl returned, a First Information Report (FIR) was lodged at 9 AM on 5.9.82 in Police Station, Nokha. ...
Tag this Judgment!Satish Kumar and ors. Etc. (In Jail) Vs. State of Rajasthan
Court: Rajasthan
Decided on: Sep-06-2000
Reported in: 2001CriLJ4860; 2001(1)WLC299; 2001(1)WLN253
Sunil Kumar Garg, J.1. The above mentioned both appeals are being decided by this common judgment as they have been preferred by the accused appellants against the judgment and order dated 7-8-1999 passed by the learned Special Addl. Sessions Judge (Women Atrocities), Sri Ganganagar by which he convicted and sentenced the above named accused appellants and another accused Baljindra Singh (hereinafter referred to as 'the co-accused'), who has not preferred appeal against his conviction, as per the office report, in following manner:--____________________________________________________________________________Name of accused appellants Convicted Sentence awarded under Section____________________________________________________________________________1. Satish Kumar 366 read with Five years RI & fine of 120-B, IPC. Rs. 2,000/- and in defaultof payment of fine, to furtherundergo six months RI. 2. Raju Rajendra Singh -do- -do- 3. Boby Sikander Singh -do- -do- 4. Nimma Nirmal Singh -do- -do-...
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