Rajasthan Court April 2003 Judgments
Ram Bachan Ram Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Apr-24-2003
Reported in: 2003(3)WLC229; 2003(3)WLN28
Sunil Kumar Garg, J.1. This writ petition under Article 226 of the Constitution of India has been filed by the petitioner on 11.1.2000 against the respondents with the prayer that by an appropriate writ, order or direction, the respondents be directed to appoint the petitioner as a Teacher Gr. III in pursuance of the office order dated 11.1.1999 (Annex.7) passed by the District Establishment Committee, Zila Parishad, Bikaner by which he was selected and allotted Panchayat Samiti, Nokha and it was further prayed that the show cause notice dated 6.4.1999 (Annex.8) issued by the respondent No. 4 Chief Executive Officer, Jila Parishad, Bikaner, 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 is Meghwal by caste and is a member of the Scheduled Caste and under the law, he is entitled to reservation in providing employment. A copy of the caste certificate is marked as Annex.1.The petitioner is MA, B.Ed. (Siksha S...
Tag this Judgment!Mahaveer Prasad Sharma Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Apr-24-2003
Reported in: 2003(3)WLC252; 2003(3)WLN25
Sunil Kumar Garg, J.1. This writ petition under Article 226 of the Constitution of India has been filed by the petitioner on 10.4.1997 against the respondents with the prayer that by an appropriate writ, order or direction, the respondents be directed that promotions of the employees like the petitioner may be made against upgraded posts or against any future vacancies strictly in accordance with the combined seniority list published by the respondent No. 2 Chief Engineer, Irrigation Department, Jaipur vide Annex. 2 with all consequential benefits and the respondents be further directed not to segregate the combined seniority list of Electrical and Mechanical Department and accordingly, service condition of the petitioner may not be changed by way of changing designation/post from the Junior Engineer (Mechanical) to the Junior Engineer (Electrical).2. The case of the petitioner as put forward by him in this writ petition is as follows:The petitioner being diploma holder in Electrical w...
Tag this Judgment!Ravindra Kumar JaIn Vs. Commissioner of Income-tax and ors.
Court: Rajasthan
Decided on: Apr-23-2003
Reported in: (2003)184CTR(Raj)391; [2003]263ITR368(Raj)
1. By this application, learned counsel for the applicant submits that by mistake he referred to the provision of Section 260A of the Income-tax Act, 1961, but the relevant provision is Section 27A of the Wealth-tax Act, 1957, under which the appeal, in case of gift-tax, is maintainable. 2. Considering his submissions, the amendment application is allowed. Amended cause title has already been filed. That be taken on record. 3. Heard learned counsel for the appellant for admission of appeal also. 4. This appeal is moved under Section 27A of the Wealth-tax Act. The following questions are raised for our consideration : '1. Whether, on the facts and in the circumstances of the case, the transfer/nomination of membership of the Jaipur Stock Exchange Ltd., from the appellant to Shri Pawan Kumar Jain amounts to gift and is liable for tax under the provisions of Section 4(1)(a) of the Gift-tax Act, 1958 2. Whether, on the facts and in the circumstances of the case, the Tribunal was justified...
Tag this Judgment!C.T.O. Vs. Sadulshahar Krai Vikrai Sahakari Samiti
Court: Rajasthan
Decided on: Apr-23-2003
Reported in: RLW2003(4)Raj2274; [2004]135STC90(Raj); 2003(3)WLC194
Prasad, J.1. All these revision petitions circle around a principal question, whether the plant and machinery given on lease by a Co-operative society is a movable property or an immovable property ?2. A judgment of the Rajasthan Tax Board is under challenge wherein, it has been held that plant and machinery given on lease is immovable property. Aggrieved by the same, the present revision petitions have been preferred by the assessing authority. For the purposes of facts, revision petition No. 207/2003 is taken.3. Respondent-assessee has given his land, building, plant and machinery on lease for the year 1993-94, He received a lease money of Rs. 6,21,000/- lease included plant, machinery, land and building of the assessee. The Assessing Officer gave rebate as per the Rules of P.W.D. at the rate of 8.5% on land and building. The other amount on account of lease on plant and machinery was subjected to tax treating it to be movable property.4. The assessee preferred an appeal before the D...
Tag this Judgment!Lotan and anr. Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Apr-23-2003
Reported in: RLW2003(4)Raj2299; 2003(3)WLC556
Sharma, J.1. Whether relationship is such a factor which affects credibility of a witness This question requires consideration in view of the significant facts that the prosecution restsed the instant case only that the prosecution rested the instant case only on the testimony of close relatives of the deceased Jadvir Singh.The learned Additional Sessions Judge No. 2, Bharatpur convicted and sentenced the four appellants on the charge of murder of Jadvir Singh after placing reliance on the testimony of his wife, mother, son and salhej (sister in law) as under :-Lotan : u/Sec. 302 IPCTo suffer Imprisonment for lifeand fine of Rs. 1.000/-, in default to further sufferOne Month Simple Imprisonment.Satish Kumar, Kishan Singh & Shivdei : (Each)u/Sec. 302/149 IPCTo suffer Imprisonment for lifeand fine of Rs. 1000/-, indefault to further suffer One Month Simple Imprisonment.u/Sec. 147 IPCTo suffer Six Months RigorousImprisonment and fine of Rs. 100/-, indefault to further suffer Fifteen Days ...
Tag this Judgment!Bhawani Shankar Sharma Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Apr-23-2003
Reported in: RLW2003(4)Raj2665; 2003(4)WLC332
Misra, J.1. This writ petition had been filed for issuance of a writ of mandamus to the respondents for granting him appointment on the post of Senior Teacher (School Lecturer) in Commerce Subject with immediate effect and also to grant him all the consequential benefits of this post. The basis of this claim is that the petitioner had appeared in a competitive test for appointment of School lecturers in Commerce Subject and although he could not qualify for immediate appointment, he was put on the waiting list for appointment as and when the vacancies were available. The petitioner later was not granted any appointment and hence he filed this writ petition for the requisite direction to the respondents for granting him appointment.2. Having heard the counsel for the parties it became explicitly clear that the examination for appointment on the post was held in the year 1990 and the list of qualified candidates was prepared on 21st March, 1991 for 246 posts out of which 210 candidates o...
Tag this Judgment!Vinay Krishna Ghatak Vs. State of Rajasthan
Court: Rajasthan
Decided on: Apr-23-2003
Reported in: RLW2004(1)Raj3; 2004(1)WLC136
Garg, J.1. This appeal has been filed by the accused appellant against the judgment and order dated 28.11.2001 passed by the learned Addl. Sessions Judge (Fast Track), Rajsamand in Sessions Case No. 47/2001 by which he convicted the accused appellant for the offence under Section 376 IPC and sentenced to undergo seven years RI and to pay a fine of Rs. 5000/-, in default of payment of fine, to further undergo RI for three months.2. The facts giving rise to this appeal, in short, are as follows:-On 4.6.2000 at about 7.15 PM, PW 2 Monika (hereinafter referred to as the prosecutrxi) lodged an oral report (Ex. P/i) with the Police Station Raj Nagar District Rajsamand to Sunderlal Soni, who was Incharge of that Police Station, stating inter-alia that the accused appellant, who was doctor by profession, was known to her father and the accused appellant had brought to her from her father's house from Bengal two months back for doing the domestic work. The prosecutrix has further stated in her ...
Tag this Judgment!Haji Mohd. Ibrahim Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Apr-23-2003
Reported in: RLW2004(1)Raj198; 2004(1)WLC124
Sunil Kumar Garg, J. 1. The writ petition has been filed by the petitioner under Article 226 of the Constitution of India against the respondents with a prayer that by an appropriate writ, order or direction the respondents may be directed to calculate the entire services rendered by the petitioner in account i.e. with effect from 20.4.1965 to 31.10.89 in place of 1.8.68 to 31.10.89 and thereafter his pension case be re-calculated and revised pension, gratuity and other benefits be given to the petitioner.(2). The facts of the case as put forward by the petitioner are as under:i) That the petitioner was initially appointed in the respondent Department (Chief Engineer, P.W.D., Jodhpur) on daily rated basis witheffect from 20.4.1965 and he was declared semi- permanent with effect from 20.4.1967.ii) Further case of the petitioner is that after attaining the age of superannuation he stood retired from the service with effect from 31.12.1989. He was allowed retiral benefits by taking into a...
Tag this Judgment!Manak Enterprise and ors. Vs. State of Rajasthan and anr.
Court: Rajasthan
Decided on: Apr-23-2003
Reported in: 2004CriLJ854
ORDERO.P. Bishnoi, J. 1. This revision petition has been filed by the accused persons against an order dated 3-7-2002 by the learned Judicial Magistrate, Bar, Distt. Pali. In a complaint filed by the respondent No. 2 Manakraj, the three petitioners were being tried for an offence under Section 138 of the Negotiable Instruments Act before the said Court. The complainant examined himself as PW-1 and closed his evidence on 27-11-2001 after PW-2 Ishwar Chand was examined. The learned Court fixed the case for recording the statements of the accused persons under Section 313 of the Cr. P.C. and ordered that on the next date the accused persons shall remain present in the Court for the said purpose. In spite of the direction on most of the dates the accused persons were not present and ultimately their statements were recorded under Section 313 of the Cr. P.C. on 3-5-2002. Thereafter, an application under Section 91 of the Cr. P.C. was moved by the accused persons and a request was made that ...
Tag this Judgment!Birla Cement Works and anr. Etc. Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Apr-22-2003
Reported in: I(2004)ACC86; AIR2003Raj251; RLW2003(4)Raj2248; 2003(3)WLC428
Mathur, J. 1. In this group of special appeals and writ petitions the common question of law arises whether dumpers though used only within the enclosed factory premises fall within the exempted category and are 'motor vehicle' being adaptable and kept for use on roads even though actually used within the enclosed premises of petitioner factory or the mines area, are liable to pay tax under Section 4 and 4-B of the Rajasthan Motor Vehicles Taxation Act, 19512. The contention of the petitioners/appellants is that the dumpers are essentially earth moving equipment not adapted for use upon the roads and, therefore, are outside the ambit of the Rajasthan Motor Vehicles Taxation Act, 1951 (hereinafter referred to as the Act of 1951. On the other hand the case of the Department is that the dumpers are vehicles adapted or suitable for use on roads and being 'motor vehicle' per se and same liable to pay the tax on the footing of their use or kept for use on public roads. In our view the contro...
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