Rajasthan Court February 2001 Judgments
Rajasthan High Court Advocates Association Vs. State of Rajasthan and ...
Court: Rajasthan
Decided on: Feb-28-2001
Reported in: AIR2001Raj232; 2001(2)WLC344; 2001(2)WLN260
ORDERPrasad, J.(1). The petitioner, Rajasthan High Court Advocates Association, an Association of the Advocates Practising at Jodhpur, has moved certain writ petitions. In these writ petitions, the petitioner Association has prayed that the Principal Seat/Bench/circuit Benches of the various Tribunals be established at Jodhpur. The prayer made in various writ petitions is delineated hereinbelow:S.No. Writ Petition Prayer made for establishment of 1. 1486/1998 Principal Seat of the Board of Revenue at Jodhpur. 2. 1167/1998 Rajasthan State Transport Appellate Tribunal 3. 1485/1998 Rajasthan Cooperative Tribunal 4. 1622/1998 Rajasthan Non-Government Educational Institution Tribunal 5. 1238/1998 Motor Accident Claims Tribunal (2). For the purposes of deciding the controversy, the facts relating to the demand for establishment of the Board of Revenue for Rajasthan at Jodhpur are taken into consideration.(3). According to the petitioner, it is deeply concerned about the balanced developm...
Tag this Judgment!Anand Prakash Solanki Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Feb-28-2001
Reported in: 2001(2)WLN254
ORDERHon'ble Prasad, J.(1). In the present writ petition, the petitioner has raised a grievance regarding his transfer.(2). The petitioner was an Officer belonging to the cadre of Rajasthan Higher Judicial Service. In 1996 he was working as Special Judge (SC/ST Cases) and Additional Sessions Judge, Bikaner. Ai the relevant time, composition of various Districi Forums in the State was to be completed. The petitioner was qualified to be appointed as President of a District Forum. After being considered, the petitioner was appointed as President, District Consumer Protection Forum, Pali (referred hereinafter as 'the Forum') vide order dated 9.2.1996, The order has been produced as Ex, 1 with the writ petition.(3). While the petitioner was discharging the functions of the President of the Forum, he was informed telephonicatly that he has been transferred/posted as President, District Consumer Protection Forum, Jalore and in his place respondent No.5 has been appointed/posted as the Preside...
Tag this Judgment!Naresh Agarwal and ors. Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Feb-28-2001
Reported in: 2001(4)WLN312
Verma, J.The petitioner Dr. Naresh Agarwal had qualified MBBS Examination in 1995 from RNT Medical College, Udaipur. The Principal RNT Medical College and Controller of Associate Groups of Hospitals, Udaipur had also given a certificate of his satisfactory behaviour in the college as far back on 16.3.1996, copy of which is attached as Annexure-I.(2). During the time of studies in MBBS in the College, because of certain dispute during elections of the Student's Union there was some hot deliberations amongst the students for which age group of students had also lodged an FIR in the year 1994 under Section 323 IPC. However, immediately thereafter the students had compromised on 31.8.1994 itself so far the offence under Section 323 IPC was concerned, but under Section 147 IPC, he was released under the Probation of Offenders Act as per Annexure-3.(3). He had applied for the post of Medical Officer and was appointed on the post on 24.6.1998 on temporary adhoc basis. Lateron for regular sele...
Tag this Judgment!Virendra Raj Lodha Vs. Ito
Court: Rajasthan
Decided on: Feb-28-2001
Reported in: (2001)71TTJ(NULL)697
ORDERS.R. Chauhan, J.M.This appeal by assessee for assessment year 1993-94 has been filed against the order of Commissioner (Appeals), Jodhpur, dated 10-1-1996.2. We have heard the arguments of both the sides and also perused the records.3. Ground No. 1 is general and we will deal with the specific grounds taken in respect of the said order and so ground No. 1 calls for no specific decision on our part.4. Ground No. 2 disputes additions made under section 143(1)(a) on account of the same being debatable. The learned Authorised Representative of assessee has contended that the point relating to allowability of deduction for expenses @ 40 per cent out of income from incentive bonus and exemption under section 10(14) in respect of additional conveyance allowance received by Development Officer of Life Insurance Corporation is highly debatable issue on which various Benches of the Tribunal as also various High Courts have different views and so no prima facie adjustment in respect of the s...
Tag this Judgment!Madho Singh and Etc. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Feb-28-2001
Reported in: 2001CriLJ2159
Arun Madan, J.1. These two criminal appeals have been preferred by appellants Nathu Singh and Madho Singh) challenging the judgment of the Additional Sessions Judge No. 1 Jaipur City who convicted each of them and sentenced as under :Under Section 302/34 IPC - Life imprisonment: with a fine of Rs. 25,000/- (in default, 3 yrs' RI)Under Section 323 IPC - One year's Simple imprisonment with a fine of Rs. 500/- (in default, 3 months SI)Under Section 341 IPC - One month's Simple imprisonment with a fine of Rs. 500/- (in default, 7 days SI)2. All substantive sentences were ordered to run concurrently.3. Facts in a narrow compass are that written report was lodged at PS Jhotwara (Jaipur) by Kishore Singh S/o Om Singh on 03-05-1999 alleging inter alia that on 01-05-99 at about 11 pm, Natthu Singh and Madho Singh (appellants) came in a bullet motorcycle to his house and asked his father to accompany them whereupon his father told him and his mother to accompany them and accordingly his father l...
Tag this Judgment!Laxmi Industries Vs. Commissioner of Income-tax
Court: Rajasthan
Decided on: Feb-27-2001
Reported in: [2001]250ITR616(Raj)
Rajesh Balia, J.1. Heard learned counsel for the parties : The Income-tax Appellate Tribunal at the instance of the assessee has referred the following question of law said to be arising out of its order passed in I. T. A. No. 865/JP of 1985, for the assessment year 1984-85 :'Whether the Tribunal was right in holding that Section 80HHC would not apply to the assessee for supplies made to ONGC and Oil India Ltd., on the basis of global tender floated by them, which is recognised as deemed exports by the Ministry of Commerce ?'2. The assessee which is a firm was making supplies to ONGC and Oil India Ltd. on the basis of global tender that was floated by them. The Ministry of Commerce vide its circular dated September 5, 1983, in order to give a boost to domestic industries and also to effect import substitution provided that domestic companies which on the basis of global tender supplied goods to ONGC and Oil India Ltd. would be entitled to all benefits which are being provided to export...
Tag this Judgment!Commissioner of Income-tax Vs. Laxmi Sales
Court: Rajasthan
Decided on: Feb-27-2001
Reported in: [2001]250ITR777(Raj)
Rajesh Balia, J.1. Heard learned counsel for the parties.2. This is an application under Section 256(2) for requiring the Tribunal to state the case and refer the question of law arising out of its order in ITA No. 318/JP of 1992 for the assessment year 1986-87.3. The respondent-assessee is a firm dealing in a certain brand of cigarettes manufactured by Godfrey Philips India Ltd. (GPIL). As a result of search operations carried out under Section 132 of the Income-tax Act, 1961, at the business/residential premises of GPIL and its wholesale dealers, incriminating documents including circulars issued by GPIL to its wholesale/retail dealers requiring them to charge premium/'on money' on certain popular brands of cigarettes and remit a major portion of such 'on money' to GPIL and utilise the balance on advertisement and publicity, were found and seized. During the course of proceedings under Section 132(5), the partners of the firm made confession about charging of 'on money' which was not...
Tag this Judgment!Commissioner of Income-tax Vs. Jairamdass Lokesh Kumar
Court: Rajasthan
Decided on: Feb-27-2001
Reported in: [2001]250ITR526(Raj)
Rajesh Balia, J.1. Heard learned counsel for the Revenue. No one has appeared for the respondents in spite of service.2. The Tribunal has referred the following question of law at the instance of the Commissioner of Income-tax, Jodhpur, arising out of its order in I. T. A. No. 1708/JP of 1991, for the assessment year 1988-89 for the opinion of this court :'Whether, on the facts and in the circumstances of the case, the Tribunal was legally justified in directing to delete the addition of Rs. 1,61,247 from the income of the assessee-firm when the Tribunal has given the finding that the said amount was income of the assessee-firm ?'3. The facts which led to this reference application are that the respondent-assessee is a registered firm engaged in the business of sale and purchase of cereals, pulses, oil seeds, cotton and other agricultural commodities. During the assessment proceedings it was found by the Assessing Officer that the firm has diverted its profit to four different persons ...
Tag this Judgment!Executive Officer, Municipal Board, Jhunjhunu and ors. Vs. Bhinwa Ram ...
Court: Rajasthan
Decided on: Feb-27-2001
Reported in: II(2002)ACC687; 2003ACJ1961; 2001(2)WLC520
J.C. Verma, J.1. Even though this appeal was filed by the Municipal Board, Jhunjhunu against the claimant-respondent for setting aside the award dated 22.7.1995 passed by the Motor Accidents Claims Tribunal, Jhunjhunu whereby an amount of Rs. 87,977.80 had been awarded to the claimant-respondent because of serious injuries suffered in accident occurred on 10.4.1989 when the fire engine No. RJP 6733 had knocked down the claimant, but the notice was issued for enhancement. The claimant-respondent had sustained injuries on the left leg. He remained in the hospital for about more than a month and suffered a permanent disability. His left leg was amputated. The appeal was admitted, however, at the time of its hearing on 4.10.2000, notice was issued to appellant itself to argue as to why the compensation be not enhanced.2. Claimant-respondent had suffered injuries because of the accident with fire engine on 10.4.1989, being driven by Jag-dev Kumar and belonging to the Municipal Board, Jhunjh...
Tag this Judgment!Vegta and anr. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Feb-27-2001
Reported in: 2002(2)WLN24
V.G. Palshikar, J.1. This appeal is filed by the accused-appellants challenging the judgment dated 7.10.1985 passed by Additional Sessions Judge, Rajsamand in Sessions Case No. 20/84 convicting the appellants under Section 366 I.P.C. to suffer rigorous imprisonment of 3 years and a fine of Rs. 250/- and in default of payment of fine to further undergo 1 month's rigorous imprisonment, on the grounds mentioned in the memo of appeal and as also canvassed before me.2. With the assistance of the learned Counsel for the accused-appellant and learned Public Prosecutor I have scrutinised record and reappreciated the evidence on record.3. The prosecution story as it emerges from, reappreciation of the evidence of the record is that a complaint was filed in Addl. Chief Judicial Magistrate, Rajsamand on 20.4.1984 by Bholu. S/o Khemji Gujar resident of Bhawa, Police Station Rajsamand against 5 persons namely Bagta, Pema, Laxman, Heera and Heera's wife with the allegation that on 18.4.1984 his daug...
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