Rajasthan Court March 2001 Judgments
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Commissioner of Income Tax Vs. Branch Manager, Lic of India, Merta Cit ...
Court: Rajasthan
Decided on: Mar-16-2001
Reported in: (2001)167CTR(Raj)410
Rajesh Balia, J.Heard learned counsel for the parties.2. This is an application under section 256(2) of the Income Tax Act, 1961, arising out a common order passed in group of cases in which this application relates to ITA No. 488/JP/1997 relating to the assessment year 1995-96 for which RI No. 39/Jd./1997 under section 256(2) (sic-256(1)) of the Act has been dismissed by the Tribunal to refer the following questions of law said to be arising out of the Tribunal appellate order.'1. Whether, on the facts and in the circumstances of the case, the Tribunal was justified in law in cancelling the demands raised under sections 201(1) and 201(A) of the Act.2. Whether, on the facts and in the circumstances of the case, the Tribunal was justified in law in holding that the principal officer (DDO) was justified in not deducting tax at source from conveyance allowance and additional conveyance allowance without certifying and verifying that the amount of these allowances had been actually incurre...
Meera Singh Vs. State of Rajasthan and Others
Court: Rajasthan
Decided on: Mar-15-2001
Reported in: 2002(2)WLN365
ORDERChauhan, J.1. The instant writ petition ha;, been filed for directing the respondents to register Firs! Information Report and investigate the case pertaining to the death of Brij Raj Singh.(2). The facts and circumstances giving rise to this case are that on 23.8.2000, at 3:15 a.m., one Ashok Singli, Inrharge of Balsamand Hotel, Jodhpur. reported the matter Jo the Police Station, Mandore (Jodhpur) that Brij Raj .Singh had drown in the lake. The police reached the spot, recovered the dead bodv of Brij Raj Singh and sent it for autopsy which was conducted on the same day by the Medical Jurist, M.G. Hospital, Jodhpur.(3). The police started proceedings under Section 174 of the Code of Criminal Procedure (hereinafter referred to as 'the Code') and the same have not yet been concluded. The petitioner-mother of deceased Brij Raj Singh has alleged in this petition that she had approached various times to the police authorities to lodge an F.I.R. but the same has not been registered and ...
Braham Singh and anr. Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Mar-15-2001
Reported in: AIR2001Raj392; 2001(3)WLC150; 2001(2)WLN248
ORDERLakshmanan, CJ.(1). The present petition has been filed by the two petitioners claiming that they are espousing the public cause,(2). According to the pelitioners, they are residents of Mahamandir Bagar and Mala Ka Than, Jodhpur. There is water supply facility for these areas constructed 4 years ago taking into consideration the population of the year 1991, which according to the petitioners has now multiplied by 2 1/2 times.(3). According to the pelitioners the respondents are going to grant water connection to the respondent No.7, a hotel from the same source. If the water connection is granted to the hotel from the same source then the hotel being situated at a lower alignment would siphon away the major portion of the water and the other residents will be left high and dry. Though the hotel is situated outside these localities but it has been claimed in the petitipn that the level of the hotel is much lower then the level of these localities as claimed in the petition about 10...
Har Sahay Meena Vs. U.O.i.
Court: Rajasthan
Decided on: Mar-15-2001
Reported in: 2001(4)WLC718; 2001(3)WLN265
ORDERYadav, J. 1. The question relating to 'jail or bail' during the pendency of trial, involved in the present two bail applications, with regard to custodial death alleged against accused-applicants, who are members of police force deserve serious consideration of this Court. The aforesaid question is to be answered with unstirredjudicial mindset. Keeping in view the nature of accusation, the nature of the evidence collected by Investigating Officer in support of such accusation, the severity of the punishment which conviction may entail, the difficult task, which uniformed police force to perform in adverse circumstances to maintain law and order and safeguards provided to them while discharging their professional duties, without being influenced with print media, leading to large scale public agitation.(2), The present two bail applications under Section 439, Cr. P.C., arise out of FIR No. 4(s) 2000/SIC. IV/ND registered for offence under Section 302, IPC, but after investigation, ...
Ram Swaroop Meena Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Mar-15-2001
Reported in: 2001(2)WLC393; 2001(3)WLN525
Sharma, J.(1). Instant Criminal Revision filed by Ram Swaroop Meena is directed against the judgment of Sessions Judge, Kota, dated 18.9.2000, whereby the trial court acquitted the accused non-petitioners of the charges under Sections 307, 326, 323, 324/34 IPC.(2). Brief facts relating to this Criminal Revision are that the statement of P.W. 6 Ram Swaroop injured was recorded by Police of the Police Station Itawa, district Kota, in which it was alleged by Ram Swaroop that he is serving in Kota and his family is also residing there. His parents are living in village Vinayaka. On Dashera occasion, he was in his village. He took dinner at the house of Rati Ram, where Brij Mohan, RatiRam, and Raja Ram were also there. They took wine. Then Ram Swaroop left for his home. When he reached the house of Devi Lal, after that what happened, it is not known to him. In the mid-night after 2 a.m., he found himself infront of the house of Khuma Bai. Ram Swaroop found that he had many injuries on his b...
Om Prakash and ors. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Mar-15-2001
Reported in: 2002(1)WLN115
N.N. Mathur, J.1. This appeal is directed against the judgment dated 26.10.1999 passed by the Additional Sessions Judge, Raisingh Nagar convicting the appellants for the offence Under Section 302/34 I.P.C. and sentenced to undergo imprisonment for life and each of them to pay a fine of Rs. 2000/-. The appellants have also been convicted for the offence Under Section 307/34 I.P.C. and sentenced to 7 years rigorous imprisonment and to pay a fine of Rs. 500/-. The appellants have been convicted for the offence Under Section 447 I.P.C. and sentenced to 3 months rigorous imprisonment and to pay a fine of Rs. 500/-.2. Briefly stated the prosecution case is that on 15.11.1994 at about 6.45 P.M., P.W. 3 injured Banwarilal gave statement Ex.P. 3 to the police stating inter alia that he along with his father Bhagirath had gone to the field at Chak 52 N.P. at about 11:30 A.M. While they were cutting 'Gwar' crop, his uncle Om Prakash his two Sons Kishan and Dilip along with Suresh son of Prithvira...
Tulsi Ram Vs. Judge, Industrial Tribunal and anr.
Court: Rajasthan
Decided on: Mar-14-2001
Reported in: [2001(90)FLR1160]; 2001(2)WLC714; 2001(2)WLN403
ORDERShethna, J.(1). The petitioner was working with the respondent Mill since 1965 as Weaver on Badli. According to him, he was made permanent w.e.f. 1.1.69. He claimed to be Union Leader having been elected as Vice President of Pali Mills Mazdoor Union in 1980 and later on, elected as General Secretary in 1983. He was charge-sheeted on 19.8.83 (Annex. 1) for abusing 3 Guards of unit at odd hours at 11:30 P.M. on 16.8.83. Simultaneously, he was also placed under suspension, [n the departmental proceedings, the Management appointed Chief Labour Officer of the mill as enquiry' officer and one Sudhir Chandra was appointed as Presenting Officer to present the case of the management. On 1.9.83, the petitioner denied the charges in the enquiry, therefore, as many as six witnesses were examined by the Management. They were duly cross examined by the petitioner. After the evidence of management was over, he examined himself on,29.10.83. Not only that, he examined one Ghewar Chand as his defen...
Mohan Singh Vs. State of Rajasthan
Court: Rajasthan
Decided on: Mar-14-2001
Reported in: 2001(3)WLC373; 2000WLC(Raj)UC97; 2001(3)WLN250
Mathur, J. (1). This appeal is directed against the judgment dated 10th Dec., 1996 passed by Sessions Judge, Rajsamand convicting the appellant Mohan Singh of offence u/Section 302 I.P.C. arid sentenced to undergo imprisonment for life and to pay a fine of Rs. 2000/- in default to further undergo six months rigorous imprisonment. (2). Briefly stated that prosecution case is that on 3.10.94 at about 11:00 P.M., P.W. 1 Kesar Singh lodged an oral First Information Report Ex. P1 at Police Station, Kelwada stating Inter alia that at about 7:00 P.M. he was attracted by the out cry of his brother Mohan Singh from his house. He rushed to his house. He found that number of people had assembled there. On inquiry, P.W. 3 Ratan Singh disclosed that uncle Mohan Singh and his wife Babia Devi thrashed Pratap Singh by 'Kulhari'. He also stated that Mohan Singh gave a 'Kulhari' blow on the head of Pratap Singh. He was taken to the hospital by P.W. 2 Ram Singh, P.W. 9 Gopal Singh and P.W. 4 Kishan Singh...
Commissioner of Income-tax Vs. Sriram and Co.
Court: Rajasthan
Decided on: Mar-14-2001
Reported in: [2001]250ITR169(Raj)
1. This is an appeal by the Commissioner of Income-tax, Bikaner, challenging the order passed by the Income-tax Appellate Tribunal, Jaipur Bench, Jaipur, by which it has allowed the appeal of the respondent-assessee and held that on the amount of net profit calculated on the basis of applying the rate as has been applied by the Assessing Officer in his order of assessment on best of his judgment, a deduction on account of depreciation allowance has to be made.2. Learned counsel for the Revenue urges that once the Income-tax Officer in best of his judgment adopts a net profit rate, no depreciation can further be claimed from that net profit. On the facts, the contention of the Revenue in this case cannot be sustained. While applying the net profit rate, the Income-tax Officer in his assessment order has clearly stated that he is applying a net profit rate at 8 per cent, without taking into account depreciation and interest paid to third parties. Thus, it has clearly postulates that net ...
K.S. Sharma Vs. Jodhpur Vidyut Vitaran Nigam Ltd.
Court: Rajasthan
Decided on: Mar-14-2001
Reported in: 2001(4)WLC698
Verma, J. (1). The petitioner, who was working in Rajasthan State Electricity Board now Vidyut Vitran Nigam Ltd. (hereinafter called 'Nigam') was charged sheeted on 19.6.92 under Regulation No.7 of the Rajasthan State Electricity Board Employees (Classification, Control and Appeal) Regulations, 1962 (hereinafter called 'Regulations') levelling the allegations of misconduct under Regulation 28(0 & 28(k) relating to the period of 1986-88, when the petitioner was posted as Asstt. Engineer (O&M;), R.S.E.B., Chechat, Ramganjmandi. The charges were denied. The Enquiry Officer was appointed vide order dated 18.9.93 (Annex.4). The petitioner was exonerated by the Enquiry Officer. (2). On receipt of the Enquiry Report exonerating the petitioner, the Secretary of the Nigam vide order dated 4.5.98 (Annex. 10) was of the opinion that the prosecution had not cared to produce the relevant documents and witnesses and for want of the relevant evidence none of the charges had been proved. The Secretary...
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