Rajasthan Court February 2003 Judgments
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Kaloo Chand and ors. Vs. the Board of Revenue and ors.
Court: Rajasthan
Decided on: Feb-04-2003
Reported in: 2003(3)WLC111; 2003(1)WLN483
Sunil Kumar Garg, J.1. This writ petition under Articles 226 and 227 of the Constitution of India has been filed by the petitioners on 8.9.1988 against the respondents with the prayer that by an appropriate writ, order or direction, the order dated 25.10.1985 (Ex. 6) passed by the learned Addl. Collector, Jalore (respondent No. 2), by which a reference under Section 82 of the Rajasthan Land Revenue Act, 1956 (hereinafter referred to as 'the Act of 1956') was made to the Board of Revenue, Ajmer (respondent No. 1) with the prayer that mutation No. 2 dated 15.11.1959 ordered by Sarpanch, Gram Panchayat, Narsana in respect of agriculture land bearing Khasra No. 422 measuring 33 Bigha 5 Biswas situated in village Lunawas in favour of the deceased Sagar Mal and present petitioners be cancelled as it was entered in the revenue record in violation of mandatory provisions of Section 42 of the Rajasthan Tenancy Act, 1955 (hereinafter referred to as 'the Act of 1955') and the judgment dated 16.12...
The Divisional Manager, Rsrtc Vs. Shri KamruddIn and anr.
Court: Rajasthan
Decided on: Feb-04-2003
Reported in: 2004(5)WLC770; 2003(3)WLN107
Ashok Parihar, J.1. The dispute regarding termination of services of respondent No. 1 (the concerned workman) was referred to the Labour Court, Ajmer, for adjudication by the State Government vide notification dated 31.3.1990. The Labour Court, after considering the evidence and material on record, held the punishment, imposed on the concerned workman, to be shockingly disproportionate, as such, using its discretion, as provided under Section 11A of the Industrial Disputes Act, the Labour Court reduced the punishment of dismissal into stoppage of two grade Increments with cumulative effect, vide award dated 16.7.1996. The backwages were also not allowed to the concerned workman. The award dated 16.7.1996, passed by the Labour Court, is under challenge in the present writ petition.2. The charge on the basis of which the termination was made has been that the concerned workman was found carrying two passengers without tickets with a further allegation that no fare had also been charged f...
Union of India (Uoi) Vs. Hasan Khan
Court: Rajasthan
Decided on: Feb-03-2003
Reported in: (2003)IILLJ779Raj; RLW2003(1)Raj626; 2003(1)WLC772; 2003(1)WLN612
Singh, CJ. 1. By this writ petition the petitioners challenge the order of the Central Administrative Tribunal, Jaipur Bench, dated 25.9.2002 passed in O.A. No. 398/97. The facts giving rise to the writ petition, are as follows:-2. On 21.3.1980 the private respondent was appointed as Statistical Assistant on ad hoc basis. Thereafter, on 4.3.1991 his services were regularised. On 30.4.1996, a medical board was constituted, for his medical examination. After the receipt of the opinion of the medical board his services were terminated on 30.9.1996 as he was found to be unfit for government service on account of medical disability. With effect from the same date the said respondent was granted disability pension. The private respondent feeling aggrieved by his termination, filed an Original Application before the Central Administrative Tribunal, Jaipur Bench. The Tribunal, vide impugned order, directed as follows:-'Resultantly, the O.A. is allowed. The order Annex.A.1 is hereby quashed. Th...
Oriental Insurance Co. Ltd. Vs. Smt. Hoshiyari Devi and ors.
Court: Rajasthan
Decided on: Feb-03-2003
Reported in: II(2003)ACC653; 2004ACJ1907; RLW2003(2)Raj729; 2003(2)WLC711; 2003(1)WLN471
Chauhan, J. 1. The application for substitution of LRs of deceased is allowed as his LRs are being represented by learned counsel Mr. H.S. Kharlia. Inspite of service, none entered appearance on behalf of Driver-respondent No. 7.2. This appeal has been filed on a very limited issue against the award of the Motor Accident Claims Tribunal awarding a sum of Rs. 1,25,000/- in case No. 43/93 dated 1.12.1995.3. The facts and circumstances giving rise to this case are that one Shri Ran Singh alongwith his wife Hoshiyari Devi- respondent No. 1- while going to Haryana, boarded vehicle meant exclusively for carrying goods and not passengers and met with an accident wherein Ran Singh died whereas his wife sustained injuries. After his death, the claimants respondents No. 1 to 6 before this Court, filed claim petition for a sum of Rs. 9,12,000/- asserting that the deceased was only 35 years of age and earning a sum of Rs. 5,000/- per month from agricultural work. After considering the claim, the l...
Smt. Pushpa Bharadwaj Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Feb-03-2003
Reported in: [2003(97)FLR1184]; RLW2003(2)Raj1406; 2003(2)WLC653; 2003(1)WLN473
Tatia, J. 1. Heard learned counsel for the parties.2. By this writ petition, the petitioner has challenged the order dated 12.5.1999 (Annexure-16) by which the petitioner, who is teacher of subject English was transferred from the Government Secondary School, Vidhyashala to the Government Secondary School, Kaliberi. The gist of the argument of the learned counsel for the petitioner is that this transfer order is liable to be quashed as the order has been passed malafidely and because of the pressure exerted by respondents No. 4 and 5 upon respondent No. 3 the District Education Officer and because of the reason that the petitioner has been transferred to the place where respondent Nos. 4 and 5 are also teachers and they are having inimical relations with the petitioner and in addition to that, the petitioner has been transferred to a school where there is no need of English teacher as there are already two teachers for the subject whereas after transfer of the petitioner from the Gover...
Commissioner of Income Tax Vs. Parmeshwar Bohra
Court: Rajasthan
Decided on: Feb-03-2003
Reported in: (2003)184CTR(Raj)388; [2004]267ITR698(Raj)
Prakash Tatia, J.1. This IT Appeal is directed against the order dt. 13th Dec., 2001, passed by the Tribunal, Jodhpur in ITA No. 486/Jdpr/1999 for the asst. yr. 1993-94.2. Brief facts of the case are that the assessee-respondent is having two business concerns, namely, P.G. Marble Trading Co., Kelwa and Asian Marble and Asbestos at Rajsamand. IT assessment of the respondent was completed under Section 143(3)/148 of the Income-tax Act, 1961 (for the short 'the Act of 1961') by order, dt. 24th Sept., 1997, passed by the AO (Annexure-1). The CIT opined that the order passed by the AO was erroneous and prejudicial to the interest of the Revenue and by exercising power under Section 263 by order dt. 31st Aug., 1999, held that opening balance in capital account in Asian Marbles and Asbestos, as on 1st April, 1992, shown by assessee at Rs, 2,73,500 represented assessee's income from undisclosed sources and was taxable in the asst. yr. 1993-94 in the absence of any proof regarding its accommod...
Commissioner of Income Tax Vs. Boutique Chic
Court: Rajasthan
Decided on: Feb-03-2003
Reported in: (2004)187CTR(Raj)38
1. On this reference application under Section 256 of the IT Act, 1961, notice was issued to the respondent to show-cause as to why the Tribunal should not be directed to refer the following question for our opinion:'Whether, in the facts and in the circumstances of the case and in law, the Tribunal was justified in holding that the counter sales to foreign buyers/tourists are eligible for exemption under Section 80HHC despite retrospective amendment of the Act by insertion of Explanation (aa) to Section 80HHC(4A) w.e.f. 1st April, 1986?' 2. At the outset, learned counsel for the respondent submits that the above question sought to be referred by the petitioner, is covered by the decision of this Court in the matter of ITO v. Vaibhav Textiles . Counsel further submits that the apex Court has also considered this issue in the case of CIT v. Silver & Arts Palace (Civil Appeal No. 4478 of 2000), and their Lordships have also taken the same view as that of this Court.3. These facts are not...
Kundan Associate (P) Ltd. Vs. Asstt. Cit
Court: Rajasthan
Decided on: Feb-03-2003
Reported in: [2003]130TAXMAN838(Raj)
ORDERHeard learned counsel for the parties.2. Following questions are raised in the appeal.'1. Whether the Income Tax Authorities were right in computing the allegedly undisclosed investment of the assessee on the basis of the purported fair market value of the property in question 2. Whether the purported undisclosed income found by the Income Tax Authorities was founded upon 'sufficient material' in the hands of the department and the revenue had discharge the requisite burden become coming to a finding of undisclosed income 3. Whether where the directors of a quasi-company, i.e., private limited company are absolved all liability under section 158BC of the Act of 1961, the company can be burdened with liability in the same transaction under section 158BD of the Act of 1961 ?4. Whether the order of the learned Income Tax Appellate Tribunal upholding addition of 'on money' paid in a transaction but remanding the matter for a bearing is bad for contrary and futility 5. Whether the inva...
New India Assurance Co. Limited Vs. Rajasthan State Road Transport Cor ...
Court: Rajasthan
Decided on: Feb-03-2003
Reported in: 2003(2)WLN581
Rajesh Balia, J.1. Heard the learned Counsel for the parties.2. The only question raised before us is whether in a case, the liability of the Insurance Company is held to be limited to the statutory liability under Section 95(2) of the Motor Vehicles Act, 1939 towards third party in respect of the goods/properties which have been damaged as a result of the accident, the Insurance Company is required in the first instance to satisfy the entire claim which the owner of such goods/property is entitled to recover from the owner of the vehicle, and the insurance company, when the vehicle is insured, may be left to recover the same from the owner of the vehicle, as per their inter se rights.3. The learned Single Judge relying on the decision of the Hon'ble Supreme Court in case of Oriental Insurance Co. Ltd. v. Cheruvakkara Nafaeesu and Ors., reported in AIR 2000 SCW 4535 corresponding to : AIR2000SC235 has held as under:Thus it may be that the liability of the insurance company may be limit...
Kundan Associate (P) Ltd. Vs. Assistant Commissioner of Income Tax and ...
Court: Rajasthan
Decided on: Feb-03-2003
Reported in: (2003)183CTR(Raj)353
1. Heard learned counsel for the parties. 2 Following questions are raised in the appeal : 'Whether the IT authorities were right in computing the allegedly undisclosed investment of the assessee on the basis of the purported fair market value of the property in question ?' 'Whether the purported undisclosed income found by the IT authorities was founded upon 'sufficient material' in the hands of the Department and the Revenue had discharged the requisite burden before coming to a finding of undisclosed income ?' 'Whether where the directors of a quasi-company i.e., private limited company are absolved of all liability under Section 158BC of the Act of 1961, the company can be burdened with liability in the same transaction under Section 158BD of the Act of 1961 ?' 'Whether the order of the learned Tribunal upholding addition of 'on money' paid in a transaction but remanding the matter for a hearing is bad being for contrary and futility ?' 'Whether the invalidity of a notice under...
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