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Rajasthan Court April 2003 Judgments

Apr 17 2003

Rajasthan State Road Transport Corporation Vs. Ramesh Singh and ors.

Court: Rajasthan

Decided on: Apr-17-2003

Reported in: II(2004)ACC530; 2005ACJ919; 2003WLC(Raj)UC767

H.R. Panwar, J.1. This appeal under Section 173 of Motor Vehicles Act, 1988 (for short 'the Act') is directed against the judgment and award dated 2.6.1997 passed by the Motor Accidents Claims Tribunal, Sirohi (hereinafter referred as 'the Tribunal'), whereby the Claims Tribunal awarded compensation of Rs. 1,40,000 in favour of the respondent-claimant Nos. 1 and 2 (for short 'the claimants') and against the appellant-Rajasthan State Road Transport Corporation (for short 'the Corporation') and its driver respondent No. 3, Champa Lal. Aggrieved and dissatisfied by the judgment and award impugned, the Corporation has filed the instant appeal.2. I have heard the learned counsel for the parties and perused the judgment and award impugned. I have also gone through the record of the Tribunal.3. It is contended by learned counsel for appellant Corporation that the Tribunal had no jurisdiction to pass the award in favour of the claimants; deceased Radha Bai was an employee of the Corporation on...

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Apr 16 2003

Smt. Madhu Maheshwari Vs. Commissioner of Income Tax and anr.

Court: Rajasthan

Decided on: Apr-16-2003

Reported in: (2003)183CTR(Raj)429; [2004]267ITR176(Raj)

1. This appeal has been admitted in terms of the following questions :'Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in holding that Circular No. 648, dt. 30th March, 1993, issued by the CBDT would be applicable in the case of the appellant for the relevant asst. yr. 1989-90 irrespective of the fact that circular was not in existence when the return was filed on 29th Jan., 1991 ?''Whether ceiling laid down by the Circular No. 648, dt. 30th March, 1993, for the purpose of allowability of expenses from LIC commission would be applicable, if the income earned by the appellant is more than Rs. 60,000 from LIC commission ?'2. The appellant is LIC agent and existing assessee since 1974-75 with the IT Department. The appellant filed its income-tax return on 29th Jan., 1991, for the asst. yr. 1989-90 declaring an income for tax at Rs. 45,870. The appellant also received an income of Rs. 1,73,715 from LIC as commission during this year and claimed reb...

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Apr 16 2003

Commissioner of Income Tax Vs. Raghu Sinha

Court: Rajasthan

Decided on: Apr-16-2003

Reported in: (2003)183CTR(Raj)523; [2003]263ITR378(Raj)

1. On an application under Section 256(1) of the IT Act, 1961 (hereinafter referred to as 'the Act, 1961'), the Income-tax Appellate Tribunal, Jaipur Bench, Jaipur (for short 'the Tribunal'), vide its order dt, 18th June, 1993, 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 upholding the order of the CIT(A) taking the view that the medical expenditure amounting to Rs. 5,20,230 reimbursed to assessee being in the employment of M/s National Engineering Industries Ltd., Jaipur, was not treatable as a perquisite in the hands of the assessee under Section 17 of the IT Act, 1961 ?'2. During the period relevant to asst, yr. 1987-88, the assessee Shri Raghu Sinha was in the employment of M/s National Engineering Industries, Jaipur.In connection with the business of the employer the assessee left for USA on 30th Aug., 1986, and fell ill there. He was admitted in the hospital ...

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Apr 16 2003

Ram Niwas and Bhanwarlal Vs. State of Rajasthan

Court: Rajasthan

Decided on: Apr-16-2003

Reported in: RLW2003(4)Raj2441; 2003(3)WLC251

Bansal, J.1. The instant appeal stems from the judgment dated Sept. 14, 1984 passed by learned Additional Sessions Judge No. 1, Ajmer in Sessions Case No. 13/83 whereby he convicted and sentenced the appellant as under :-Ram Niwas and Bhanwarlaleachu/Sec. 304 Part 1/34 IPC10 years rigorous imprisonment and a fine of Rs. 2,000/- andin default of and in default of payment of fine to further undergo 6 months rigorousimprisonment.u/Sec. 323 IPCFine of Rs,1,000/- andin default to further undergo 3 months' simple imprisonment.2. Briefly stated the prosecution case, is that on Nov. 1, 1982 at 2:00 PM 'parcha-bayan' Ex.P5 of PW.4 Smt. Kajodi wife of Ganga Bisan aged about 50 years by caste Sadhu, resident of Village Manda was recorded by PW.8 Govind Singh, ASI, Police Station Kekri District Ajmer in General Hospital, Kekri wherein Smt. Kajodi stated that yesterday her son Rameshwar had gone to till his field with plough. In the afternoon Rameshwar released his bullocks and started taking his m...

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Apr 16 2003

Ram Swaroop Vs. Jagdish

Court: Rajasthan

Decided on: Apr-16-2003

Reported in: RLW2003(4)Raj2733

Lal, J. 1. This Civil second appeal under Section 100 CPC has been preferred by the defendant-appellant against the judgment and decree of the learned Addl. Distt. Judge No. 2, Alwar in Civil Regular Appeal No. 67/99 rejecting the appeal and confirming the judgment and decree of eviction of the suit shop passed by the learned Civil Judge (JD), Alwar in COS No. 364/86.2. The relevant facts are that the plaintiff - respondent instituted a suit against the defendant for his eviction from the suit shop described in para 1 of the plaint on twin grounds of default in payment of rent and reasonable bonafide necessity of the shop for his sons Man Prakash and Hem Chand for starting typing and shorthand institute. The defendant appellant contested the suit by filling written statement denying the averments made in the plaint and pleading that both the sons of the plaintiff were already employed in Government service. The plaintiff then amended his plaint under the orders of the trial court so as...

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Apr 16 2003

Hazna (Smt.) and ors. Vs. Prabhu Lal and ors.

Court: Rajasthan

Decided on: Apr-16-2003

Reported in: RLW2004(2)Raj800; 2003(4)WLC234

Panwar, J.1. This appeal under Section 173 of the Motor Vehicles Act, 1988 (for short, 'the Act') is directed against the judgment and Award dated 26-8-97 passed by the Motor Accident Claims Tribunal, Dungarpur (for short, 'the Tribunal'), whereby the Tribunal dismissed the claim petition filed by the appellant- claimants (for short, 'the claimants'). Aggrieved by the judgment and Award impugned, the claimants have filed the instant appeal.2. 1 have heard learned counsel for the parlies, perused the judgment and Award impugned and also gone through the record of the Tribunal.3. Briefly stated, the facts and circumstances, which are relevant and necessary to decide this appeal are that on 19-2-90, at about 1:30 P.M. deceased Kana was hit by a bus bearing No. RSG 2814 which was being driven at a great speed rashly and negligently by its driver, respondent No. 1 Prabhu Lal. Due to this accident, Kana was grievously hurt and succumbed to the injuries instantaneously. Claimants, who are the...

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Apr 16 2003

Ganashere Gram Sewa Sahakari Samiti Ltd. Vs. the Judge Labour Court-cu ...

Court: Rajasthan

Decided on: Apr-16-2003

Reported in: 2003(3)WLN118

Ashok Parihar, J1. By a notification dated 1.11.1993 the dispute in regard to the termination of services of respondent No. 2 (the concerned workman) was referred to the Labour Court,. Jaipur. After filing of statement of claim by the concerned workman, a written statement was submitted on behalf of the petitioner before the Labour Court. Subsequently, the case was transferred from Labour Court, Jaipur to Labour Court/Industrial Tribunal, Ajmer in January, 1996.2. After issuing a fresh notice, the case was fixed for evidence of the concerned workman. The statements of the concerned workman were recorded on 31.5.1996. Since none was present on behalf of the petitioner, after recording the statements of the concerned workman, an ex-parte award was passed by the Labour Court on the same date i.e. 31.5.1996, holding the termination of services as illegal and unjustified and further directing reinstatement of the concerned workman with all consequential benefits including back wages.3. Afte...

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Apr 16 2003

Cit Vs. Raghu Sinha

Court: Rajasthan

Decided on: Apr-16-2003

Reported in: [2003]130TAXMAN254(Raj)

On an application under section 256(1) of the Income Tax Act, 1961, (hereinafter referred to as 'the Act, 1961'), the Income Tax Appellate Tribunal, Jaipur Bench, Jaipur (hereinafter referred to as 'the Tribunal') vide its order dated 18-6-1993 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 upholding the order of the Commissioner (Appeals) taking the view that the medical expenditure amounting to Rs. 5,20,230 reimbursed to assessee being in the employment of M/s. National Engineering Industries Ltd., Jaipur was not treatable as a perquisite in the hands of the assessee under section 17 of the Income Tax Act, 1961 ?'2. During the period relevant to assessment year 1987-88, the assessee Shri Raghu Sinha was in the employment of M/s. National Engineering Industries, Jaipur.3. In connection with the business of the employer the assessee left for USA on 30-8-1986 and fell...

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Apr 16 2003

Smt. Madhu Maheshwari Vs. Cit

Court: Rajasthan

Decided on: Apr-16-2003

Reported in: [2003]131TAXMAN457(Raj)

ORDERThis appeal has been admitted in terms of the following questions:'1. Whether on the facts and in the circumstances of the case, the Tribunal was right in law in holding that Circular No. 648, dated 30-3-1993 issued by the Central Board of Direct Taxes would be applicable in the case of the appellant for the relevant assessment year 1989-90 irrespective of the fact that circular was not in existence when the return was filed on 29-1-1991?2. Whether ceiling laid down by the Circular No. 648, dated 30-3-1993 for the purpose of allowability expenses from LIC Commission would be applicable, if the income earned by the appellant is more than Rs. 60,000 from LIC Commission?'2. The appellant is LIC Agent and existing assessee since 1974-75 with the Income Tax Department. The appellant filed its income-tax return on 29-1-1991 for the assessment year 1989-90 declaring an income for tax at Rs. 45,870. The appellant also received an income of Rs. 1,73,715 from LIC as Commission during this y...

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Apr 16 2003

Jeevraj Singh Vs. Bhanwar Lal and ors.

Court: Rajasthan

Decided on: Apr-16-2003

Reported in: 2004(5)WLC785; 2003(3)WLN627

H.R. Panwar, J.1. This appeal is directed against judgment and Award dated 9.4.1997 passed by the Motor Accident Claims Tribunal, Rajsamand (for short 'the Tribunal'), by which the Tribunal awarded compensation of Rs. 1,65,000/- and Rs. 35,000/- as consolidated interest in favour of appellant - claimant (for short 'the claimant') and against the respondents No. 1 and 2. Aggrieved and feeling dissatisfied by the quantum of compensation awarded by the Tribunal, the claimant has filed the instant appeal seeking enhancement of compensation.2. I have heard learned counsel for the parties and perused the judgment and award impugned. I have also carefully gone through the record of the Tribunal.3. On 17.8.1989, the claimant was travelling in a bus bearing No. RNP 2994. The said bus was owned by the Rajasthan State Road Transport Corporation (for short, 'the Corporation'). While the said bus was plying in the area of village Lambodi, a truck bearing No. RPA 2788 came from opposite direction. B...

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