Rajasthan Court February 2001 Judgments
Gajendra Singh and Others Vs. State of Rajasthan and Others
Court: Rajasthan
Decided on: Feb-16-2001
Reported in: AIR2001Raj328; 2001(3)WLC244; 2001(2)WLN241
ORDERChauhan, J. 1. The instant writ petition has been filed for issuing direction to the respondents for giving admission in B.Ed. Course to the petitioners by determining their merit as per Faculty-wise criteria.(2). The facts and circumstances giving rise to this case are that there are about GOOD seats in B.Ed. Course in the Slate of Rajasthan; out of which 600 scats are reserved for Shiksha Shastri, which is equivalent to B.Ed. Respondent No. 2 conducted thePre-Teachers Education Test, 2000 (for short, 'P.T.E.T.') on 8 10.2000. The result was declared on 12.12.^000 but as there had been some error in publishing the result by the local news- papers, the amended result was declared on 17.12.2000. Candidates had been offered admission but petitioner has not been admitted to the B.Ed. Course. Hence this petition. For deciding the case, facts in respect of petitioner No. 1 are taken into consideration.(3). Mr. Pushpendra Singh, learned counsel for petitioners, has submitted that person...
Tag this Judgment!Triveni Engineering and Industries Ltd. Vs. State and ors.
Court: Rajasthan
Decided on: Feb-16-2001
Reported in: 2001(4)WLC65; 2001(3)WLN127
Balia, J.(1). These two appeals raise a common question about the constitutional validity of Explanation II to Section 2(38) of the Rajasthan Sales Tax Act 1994 (hereinafter called the Act of 1994) on the envil that it is ultra vires the legislative competence of the Stale Legislature to enact a law by providing that 'notwithstanding the agreement for works Contract has been wholly on in part entered into outside the State or the goods have been wholly or in part moved outside the State, still it shall be deemed to be sale inside the State if the goods are in the State at the time of their use, application or incorporation in the execution of works contract as it impinges on item 92A of the Union list of Schedule VII and the provisions of Article 286 of the Constitution of India.(2). We may notice the facts in brief giving rise to these two appeals separately.(3). Appeal No. 1538/99 arises out of dismissal of writ petition No. 4983/99. The assessee, which is a company covered under the...
Tag this Judgment!Commissioner of Income-tax Vs. Shri Lal Bahadur Shastri Education Soci ...
Court: Rajasthan
Decided on: Feb-16-2001
Reported in: [2001]252ITR837(Raj)
Rajesh Balia, J. 1. Heard learned counsel for the Revenue. No one appeared on behalf of the respondent in spite of service. 2. The Income-tax Appellate Tribunal has referred the following questions of law said to be arising out of its consolidated order passed in five appeals relating to the assessment years 1983-84 to 1987-88 arising out of assessment proceedings for levy of tax on the income of the assessee which is claimed to be exempted from payment of tax under Section 10(22) of the Income-tax Act, 1961, as an educational institution solely existing for the educational purpose not for the purpose of profit and two appeals for the assessment years 1985-86 and 1987-88 arising out of penalty appeals under Section 221(1) of the Act. '1. Whether, on the facts and in the circumstances of the case, the Tribunal was legally correct in holding that the income of the assessee was exempt under Section 10(22) of the Income-tax Act, 1961 2. Whether, on the facts and in the circumstances of th...
Tag this Judgment!Salma Bano Vs. Anand Singh and ors.
Court: Rajasthan
Decided on: Feb-16-2001
Reported in: II(2001)ACC66; 2002ACJ1122
J.C. Verma, J.1. This civil misc. appeal has been preferred by claimant-appellant for enhancement of compensation against the award dated 7.7.1997 passed by the Motor Accidents Claims Tribunal, Kota, in M.A.C. Case No. 125 of 1994. The Tribunal awarded the amount of Rs. 43,027 as compensation.2. The claimant Salma Bano was injured in an accident on 13.1.1994 when she was hit by a Tata Estate car No. RJ 20-C 2018, which was driven by respondent No. 1 Anand Singh. The said Tata Estate car caused accident with the scooter, on which the present appellant was sitting. As a result of accident, the claimant sustained injuries and remained admitted in the hospital from 13.1.1994 to 24.1.1994 and is said to have suffered compound fracture in tibia-fibula of the right leg. She had also suffered injuries on the left leg and also on fingers and head. The wounds on the head were stitched. According to the claimant, she had suffered 15 per cent permanent disability.3. Since the present appeal is con...
Tag this Judgment!Commissioner of Income Tax Vs. Lal Bahadur Shastri Education Society
Court: Rajasthan
Decided on: Feb-16-2001
Reported in: (2001)167CTR(Raj)307
ORDERRajesh Balia, J.Heard learned counsel for the revenue . No one appeared on behalf of respondent in spite of service.2. The Appellate Tribunal has referred following questions of law said to be arising out of its consolidated order passed in five appeals relating to assessment years 1983-84 to 1987-88 arising out of assessment proceedings for levy of tax on the income of assessee which is claimed to be exempted from payment of tax under section 10(22) of the Income Tax Act, 1961, as the education institutions solely existing for the educational purpose not for the purpose of profit and two appeals for the assessment years 1985-86 and 1987-88 arising out of penalty appeals under section 221(1) of the Act.'1. Whether, on facts and in the circumstances of the case and Hon'ble Tribunal was legally correct in holding that the income of the assessee was exempt under section 10(22) of the Income Tax Act, 1961 ?2. Whether, on the facts and in the circumstances of the case the Tribunal was ...
Tag this Judgment!Cit Vs. Mewar Textile Mills Ltd.
Court: Rajasthan
Decided on: Feb-16-2001
Reported in: (2001)167CTR(Raj)583
RAJESH BALIA, J. Heard learned counsel for the parties.2. Unsuccessful before the Tribunal (sic) under section 256(2) of the Income Tax Act, 1961 requiring the Tribunal to refer the following questions said to be questions of law arising out of Tribunal's order dated 25-6-1998, in ITA No. 1960/Jp/1991 relating to assessment year 1989-90 :'1. Whether on the facts and in the circumstances of the case the Tribunal was justified in holding that the assessing officer cannot disallow the claim of interest of Rs. 9,63,700, on the ground that it does not fall within the categories mentioned under section 143(1)(a), inspite of the fact that the interest pertained to earlier year(s) and there was nothing on the record to show that the said amount of interest was under dispute and was settled during the accounting period in question ?2. Whether on the facts and in the circumstances of the case the Tribunal was justified in holding that the assessing officer was not justified in denying the claim ...
Tag this Judgment!Niroti and ors. Vs. Gopal Singh and ors.
Court: Rajasthan
Decided on: Feb-15-2001
Reported in: II(2001)ACC134; 2002ACJ1424; 2001(2)WLC163; 2001(4)WLN459
Verma, J.1. This appeal has been filed by the claimants against the award passed by the Motor Accident Claims Tribunal, Karauli in Case No. 107/92 on 14.3.1995, whereby his total claim had been dismissed.2. It was alleged in the claim application that the deceased Ram Singh was crushed by the driver Gopal Singh son of Birdha Singh on 28.2.1991 by truck No. RJD 8575. But lateron application was moved for amendment of the claim application to the effect that the parties had come to know that the truck was being driven by one Kirori Mal and not by Gopal Singh , and, therefore, Kirori Mal was also made party. The deceased was said to be of 18 years of age and his income was alleged to Rs. 3,000/-p.m. The claim was filed by the parents and the younger brother and wife aged only 12 years at the time of filing of the claim i.e. she was minor and the claim had been filed through her father in law. The defence was taken in the written statement that even according to the FIR the name of the dri...
Tag this Judgment!Smt. Pushpa Sharma and ors. Vs. Darshan Singh and ors.
Court: Rajasthan
Decided on: Feb-15-2001
Reported in: II(2001)ACC694; 2002ACJ1771; 2001(4)WLC341; 2002(2)WLN418
Verma, J.1. This Civil Misc. appeal has been filed by the widow of Major Brij Bhushan Sharma deceased and the daughter and son of such deceased for enhancement of compensation as awarded by the Motor Accident Claims Tribunal, Kotputli vide its order dated 6.2.1998, whereby the Motor Accident Claims Tribunal (here-in-after referred to as the Tribunal) had awarded an amount of Rs. 1,50,000/-along with interest.2. The deceased had died in the accident on 24.6.1989 near village Bhabharu Tehsil Kotputli. He was a retired Major from Army and was doing the business of Handicraft and Garments Export having his own Company. By qualification he was a Mechanical Engineer. It is stated that at the time of death he had entered in a new business in the name of Broman Fixright Hydraylic Consultant. He died while travelling in the bus No. RNP 3055 of the RSRTC while going from Jaipur to Delhi when the said bus and dashed from behind a stationary bus of UP Roadways, resulting another truck No. HNR 5225...
Tag this Judgment!Bhanwar Lal Vs. U.i.T., Jodhpur and ors.
Court: Rajasthan
Decided on: Feb-15-2001
Reported in: 2001(2)WLC460; 2001(2)WLN335
ORDERShethna, J.(1). On 14.3.1997, learned counsel Mr. Kala submitted before the Division Bench of this Court thai in case of Jag dish Singh vs. Rajasthan Housing Board (1), the Division Bench consisting of Hon'ble Mr. M.G. Mukherji, Actg. C.J. (as he then was) and Mr. Bhagwati Prasad, J. held that the cancellation of allotment without giving any effective opportunity of hearing was bad. Inspite of this judgment of Division Bench, Hon'ble Mr. Bhagwali Prasad, J. dismissed the writ petition filed by the appellant/petitioner though his Lordship was very much a party to that judgment of the Division Bench in Jagdish Singh's case (supra). On the basis of it, we ordered to issue notice to the respondents calling upon them to show cause as to why this appeal should not be allowed at the admission stage itself.(2). In response to the notice issued by this court, learned counsel Mr. Lodha appears for U.I.T. and Mr. Singhal appears for pvt. respondent No.3 in whose favour the allotment was made...
Tag this Judgment!Dr. Daksha Sankhla, Through Ajay Singh the Power of Attorney Holder Vs ...
Court: Rajasthan
Decided on: Feb-15-2001
Reported in: 2001(4)WLC417; 2001(2)WLN297
ORDERHon'ble Dr. Chauhan, J. (1). The instant writ petition has been filed for quashing the order dt. 28.7.1997 (Annx. 9), by which petitioner's services have been terminated.(2). The facts and circumstances giving rise to this case are that petitioner had been appointed temporarily as Lecturer in Botony Department in the respondent University vide order dated 27.10.1969. She stood confirmed on 14.12.1972 and later on promoted as Associate Professor on 24.12.87. She proceeded on leave for doing thePost Doctoral Research in the United Slates of America and stayed there from 29.8.90 to 15.10.96. Petitioner came to India on 16.10.96 and went back to U.S.A. again after applying for leave on 24,12.96. Petitioner sent several applications and FAX messages from there seeking extension of her leave on medical ground. She also sent a letter dated 19.3.97 stating that if her leave could not be extended, she may be given voluntary retirement. However, her services stood terminated vide order date...
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