Rajasthan Court February 2003 Judgments
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Aruna Bano Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Feb-11-2003
Reported in: 2003CriLJ3963; RLW2003(4)Raj2318; 2003(3)WLC32
ORDERS DETAINING CERTAIN PERSONS-(1) The Central Government or the State Government may,-(a) if satisfied with respect to any person that with a view to preventing him from acting in any manner prejudicial to the defence of India, the relations of India with foreign powers or the security of India, or (b) if satisfied with respect to any foreigner that with a view to regulating his continued presence in India or with a view to making arrangements for his expulsion from India,it is necessary so to do, make an order directing that such person be detained.(2) The Central Government or the State Government may, if satisfied with respect to any person that with a view to preventing him from acting in any manner prejudicial to the security of the State or from acting in any manner prejudicial to the maintenance of public order or from acting in any manner prejudicial to the maintenance of supplies and services essential to the community it is necessary so to do, make an order directing that ...
Commissioner of Income Tax Vs. Aravali Construction Co. (P) Ltd.
Court: Rajasthan
Decided on: Feb-11-2003
Reported in: (2003)185CTR(Raj)464
S.K. Keshote, J. 1. On an application filed under Section 256(1) of the IT Act, 1961, the Tribunal has referred the following question for the opinion of this Court:'Whether, on the facts and in the circumstances of the case and in law the Tribunal was justified in directing the AO to allow interest on excess TDS, amount also despite the fact that interest under Section 214 is only allowable on advance-tax payment ?'2. In this case, the assessee has paid tax to the tune of Rs. 2,72,288 by way of tax deduction at source (TDS). The assessment has been completed under Section 143(3) of the Act and a demand of Rs. 1,18,202 was raised against the assessee. The balance amount has been refunded to the assessee, but no interest has been paid. The assessee claimed before the AO that on the amount refunded, interest should be paid as required under Section 214 of the IT Act.3. ITO has rejected the claim of the assessee. In appeal before the CIT(A), CIT(A) also dismissed the appeal of the assesse...
Gunesh Textiles Vs. Regional Director, Employees' State Insurance Corp ...
Court: Rajasthan
Decided on: Feb-11-2003
Reported in: (2004)IILLJ136Raj; 2003WLC(Raj)UC796
H.R. Panwar, J.1.This miscellaneous appeal is directed against the judgment dated May 24, 1995 passed by Employees' Insurance Court (Civil Judge, Senior Division), Pali (hereinafter referred to as 'the EI Court') whereby the EI Court dismissed the application filed by appellant under Section 75-G of the Employees' State Insurance Act, 1948 (for short 'the Act'). Aggrieved by the judgment impugned, the appellant has preferred present miscellaneous appeal. I have heard learned counsel for the parties. Perused the judgment impugned and relevant material.2. The appellant establishment is a partnership firm engaged in printing and dyeing of clothes having its factory at Pali, Rajasthan. It is contended that the said establishment is engaged in printing and dyeing of clothes (textile) since 1975. There are 13 to 14 persons working in the factory for printing and dyeing of clothes. Thus, the said establishment has more than 10 persons working with the aid of power, situated within the municip...
Smt. Shanti Devi and ors. Vs. Dhanna Ram and ors.
Court: Rajasthan
Decided on: Feb-11-2003
Reported in: 2003(3)WLN401
Jagat Singh, J.1. Heard the learned counsel for the parties.2. This misc. civil appeal has been filed on behalf of the claimants under Section 173 of the Motor Vehicles Act, 1988 against the award dated 23.1.1990 passed by the Judge. Motor Accident Claim Tribunal, Jodhpur by which, the Tribunal has awarded Rs. 54,000/- only for the accidental death of Bagda Ram aged 35 years who has left behind four sons and one widow and was doing the business of milk seller and was earning Rs. 12,000/- to Rs. 13,000/- per year. The accidental death took place on 15.12.1983 at 3.00 P.M. when Bagda Ram was standing at Bus Stand Dangiawas, a truck No. RJK 7878 came with a great speed from the side of Jodhpur, which was driven rashly and negligently by the driver, dashed against Bagda Ram with violent force resulting which, he succumbed to the injuries instantaneously. In the above accident, one Dhanna Ram also received injuries. Both of them filed claim petitions against the driver, registered owner of ...
Municipal Council Vs. Mangilal and anr.
Court: Rajasthan
Decided on: Feb-10-2003
Reported in: [2003(97)FLR1027]; RLW2003(3)Raj1632; 2003(3)WLC96
Garg, J.1. This writ petition under Articles 226 and 227 of the Constitution of India has been filed by the petitioner on 25.8.1992 against the respondents with the prayer that by an appropriate writ, order or direction, the judgment and award dated 30.8.1991 (Annex. 3) passed by the learned Judge, Labour Court, Udaipur (respondent No. 2) by which he accepted the application filed by the respondent No. 1 workman-Mangilal under Section 33-C(2) of the Industrial Disputes Act, 1947 (hereinafter referred to as 'the Act of 1947') against the present petitioner and ordered that the respondent No. 1 workman be fixed in the identical pay scale of Conductor, which was given to the employees of the Rajasthan State Road Transport Corporation and further ordered that notional fixation of the respondent No. 1 workman with effect from 5.4.1986 on the post of Jamadar made by the petitioner be re-fixed in the pay scale of Conductor etc. etc;, . be quashed and set aside.2. It arises in the following ci...
Badri Lal Joshi and ors. Vs. State and ors.
Court: Rajasthan
Decided on: Feb-10-2003
Reported in: RLW2003(3)Raj1677; 2003(3)WLC213
Tatia, J. 1. Heard learned counsel for the parties. 2. Brief facts of the cases are that an advertisement was issued and published in Rajasthan Patrika on 8.8.98 inviting applications for the post of Physical Training Instructor Gr. III (Male). The qualification for recruitment to the post of Physical Training Instructor Gr. III (Male) was shown as candidate must possess certificate of Senior Secondary issued by a Board recognized by the State Government and the Secondary certificate in five subjects issued by a Board recognized by the State Government, out of which atleast 3 subjects should be mathematics, English and Hindi. In addition to this, the candidates should possess certificate in physical education. 3. The petitioners applied for the post and found their names in the merit list prepared by respondent No.3. In the month of Nov. 1998, petitioners found that their names have been deleted from the merit list and other persons are being offered appointment on the said post. The p...
Mrs. Rekha Vs. Pramod Kumar
Court: Rajasthan
Decided on: Feb-10-2003
Reported in: RLW2003(4)Raj2131; 2003(3)WLC179
Gupta, J.1. This appeal has been field by the wife against the judgment of the learned Additional District Judge No. 1, Chittorgarh dated 4.12.1997 passed in Civil Misc. Case No. 154/92 dismissing the wife's petition for dissolution of marriage.2. Brief facts of the case are that on 14.7.92 the appellant submitted the petition under Section 13 of the Hindu Marriage Act (hereinafter to be referred to as 'the act') seeking dissolution of marriage on the ground of cruelty, and desertion for last eight, years.3. The brief allegations are that the marriage of the parties was solemnized on 12.12.1997 according to Hindu rites, thereafter the appellant went to the matrimonial home some four times, and lastly lived there in the year 1984, when the appellant's father left her to Nimbaheda, at that time, the respondent manhandled her, and tried to kill her by pouring kerosene, the appellant's watch was broken, her documents regarding education were set ablaze, in that process the appellant had to...
Jagdish Prasad and ors. Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Feb-06-2003
Reported in: RLW2003(2)Raj1033; 2003(2)WLC626
Rathore, J. 1. Present petition is directed against the order dated 21.6.2002 passed by the District Collector, Bharatpur and against the notice dated 21.6.2002 also issued by District Collector, Bharatpur. 2. Brief facts of the case are that the petitioners are the elected ward members of Municipal Board Kumher District Bharatpur. Total 20 ward members were elected. In addition to the elected ward members there are two co-opted members. 3. District Collector Bharatpur issued a notice dated 21.6.2002 for convening a meeting for consideration of motion upon the request made by the petitioners. An application dated 11.6.2002 along with no confidence motion duly signed by petitioners was moved against the Chairman of Municipal Board Kumher to the District Collector Bharatpur. 4. It is given out by petitioners that no action was taken on the aforesaid application dated 11.6.2002 till 14.6.2002. In the meantime, petitioners moved another written application duly signed and duly attested by ...
Ram Chandra Vs. Union of India (Uoi) and ors.
Court: Rajasthan
Decided on: Feb-06-2003
Reported in: RLW2003(4)Raj2142; 2003(3)WLC675
Garg, J.1. This writ petition under Article 226 of the Constitution of India has been filed by the petitioner on 20.6.1991 against the respondents with the prayer that by an appropriate writ, order or direction, the order dated 5.9.1983 (Annex. R/1) passed by the Chief Security Officer, Northern Railway, Baroda House, New Delhi by which the petitioner was removed from service and the appellate order dated 5.3.1985 (Annex. 10) passed by the respondent No. 2 Director General by which the appeal of the petitioner against order of removal (Annex. R/1) was dismissed, be quashed and set aside.2. The case of the petitioner as put forward by him in this writ petition is as follows :-The petitioner was employee in capacity as Rakshak in the. Railway Protection Force of respondents and he was at the relevant time posted at Jodhpur.The case of the petitioner is that on 15.1.1981, he received a message about the illness of his wife and thereafter, he went to his village, but without obtaining prio...
Shri Kishan Vs. Rajasthan Housing Board and anr.
Court: Rajasthan
Decided on: Feb-06-2003
Reported in: RLW2003(2)Raj1159
Misra, J. 1. This writ petition has been filed for issuance of a writ order or direction to the respondent-Rajasthan Housing Board to grant benefit of its own policy decision to the petitioner, published in the daily newspaper dated 17.3.1988 and to act accordingly. He has further prayed that the land belonging to the petitioner bearing Khasra No. 157 measuring 5 Biswas of land situated in village Sukhalpura, Tehsil Sanganer, District Jaipur was not included in the notification for acquisition and therefore it should not be interfered with by the respondents and they should be restrained from dispossessing the petitioner from this land as he is the lawful owner of this area of land.2. The petitioner's specific case is that although large parts of land in the adjoining area were notified for acquisition under Section 4 of the Land Acquisition Act, 1953, this area of land measuring 5 biswas in Khasra No. 157 was not notified either under Section 5 or Section 9 of the Land Acquisition Act...
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