Rajasthan Court July 2003 Judgments
Cwt Vs. Seth Mukund Das Vishnu Kumar Rathi
Court: Rajasthan
Decided on: Jul-30-2003
Reported in: [2004]135TAXMAN434(Raj)
ORDERThis is the application under section 27(3) of the Wealth Tax Act, 1957.2. The revenue is praying for directing the Tribunal to refer to the court for consideration the following question of law :'Whether on the facts and in the circumstances of the case, the Tribunal was right in holding that the value of shares held by the assessee in M/s. Krishna Mills Ltd., Beawar should be taken on the basis of yield method ?'3. Learned counsel for the parties are in agreement that this matter is squarely covered by the Division Bench decision of this court rendered in the case of CWT v. Seth Gokul Das Pradeep Kumar Rathi .4. Thus in view of the decision of this court this question as framed and prayed for to refer to the court by the Tribunal does not arise. Accordingly, the reference application fails and same is dismissed....
Tag this Judgment!Nawab Khan Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Jul-29-2003
Reported in: RLW2004(1)Raj64; 2004(1)WLC721
Misra, J.1. The petitioner has challenged the order dated 16.1.1985 by which stoppage of two annual grade increments with cumulative effect has been imposed on him. This order was initially challenged before the District Collector, Sawaimadhopur who pleased to dismiss it against which an appeal was preferred before the Divisional Commissioner, Kota who upheld the order of the Collector. This writ petition has been filed challenging the aforesaid orders of the District Collector and the Divisional Commissioner, Kota who had confirmed the order imposing the penalty.2. The circumstances under which the aforesaid orders were passed arises out of an incident of theft of official record which was in the custody of the petitioner at his residential house at Hindaun since he was posted as a Patwari under Tehsildar of Hindaun. A Charge sheet was therefore issued against the petitioner stating that he was negligent in maintaining the official record of Sampat 2030 by retaining them in his rented...
Tag this Judgment!Sanjay Maud. Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Jul-29-2003
Reported in: RLW2004(1)Raj217; 2003(4)WLC693
H.R. Panwar, J.1. By the instant writ petition, petitioner seeks directions to the respondents to comply with the order passed by this Court on 30-11-99 in SBCW.P No. 3750/1999 and 86 connected writ petition.2. The facts and circumstances giving rise to this case are that the petitioner has to his credit the Degrees of B.Ed. from Barkatulla University, Bhopal (M.P.). in pursuance to the advertisement issued by respondents No. 2 and 3 for recruitment and appointment on the post of-Teachers Grade III, the petitioner submitted his application. His name was shown in the provisional select list but ultimately his name was deleted from the final merit list on the ground that he had passed the B.Ed, examination through correspondence course from the aforesaid university. He approached this Court by way of filing SBCVVP No. 3446/1999 seeking direction for his appointment on the post in question. The learned Single Judge allowed the said writ petition alongwith 86 other petitions, vide Order da...
Tag this Judgment!Narendra Kumar Vijaivargiya Vs. State of Rajasthan and anr.
Court: Rajasthan
Decided on: Jul-29-2003
Reported in: RLW2004(1)Raj688; 2004(1)WLC779
Gyan Sudha Misra, J.1. Whether an employee can raise the plea of discrimination and right to equality in order to derive monetary benefit if an illegal and unwarranted benefit has been availed by other similarly situated employees, is the core question that falls for consideration in this writ petition.2. The back-ground of this matter in which this question arises is that the petitioner had been initially appointed as a Teacher Grade-III on 18.10.1975 and thereafter continued to function on this post till 30.6.1982. He was thereafter selected by the Rajasthan Public Service Commission for the post of Junior Accountant which he joined on 1.7.1982 in the Public Health Engineering Department and he also started getting the salary for the post of Junior Accountant as also the benefit of the revised pay scale for this post. An amendment was later introduced by the Government of Rajasthan known as Rajasthan Service (Amendment) Rules 1985 which invited option from the Government Servants fro...
Tag this Judgment!Ravi Shankar Purohit and ors. Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Jul-29-2003
Reported in: RLW2004(2)Raj896
Garg, J.1. This writ petition under Article 226 of the Constitution of India has been filed by the petitioners on 30.3.1999 against the respondents with the prayer that by an appropriate writ, order or direction, the respondents be directed to provide appointments to the petitioners on the post of Physical Teacher Gr.III in pursuance of advertisement Annex. 1 dated 11th Sept. 1998 as per their stand in the merit against the existent vacancies before expiry of the date of filling up the vacancies before expiry of the date of filling up the vacancies or in the alternative, the appointments given to the persons through order Annex. 4 dated 21.2.1999 be declared illegal and discriminatory and the same be quashed and set aside.2. The case of the petitioners as put forward by them in this writ petition is as follows:-The case of the petitioners is that through advertisement Annex. 1 dated 11.9.1998, the respondents invited applications for recruitment on the post of Physical Teacher Gr.III a...
Tag this Judgment!Shanker Lal Mathur (Dr.) Vs. State of Rajasthan and anr.
Court: Rajasthan
Decided on: Jul-29-2003
Reported in: RLW2004(3)Raj1514; 2004(1)WLC290
Sunil Kumar Garg, J.1.This writ petition under Article 226 of the Constitution of India has been filed by the petitioner on 9.8.2001 against the respondents with the prayer that by an appropriate writ, order or direction, the respondents be directed to reimburse the expenses incurred by the petitioner in his Coronory Artery By Pass Surgery at Escort Heart Institute and Research Centre, New Delhi (for short 'Escort Institute') on 30.4.1999.2. The case of the petitioner as put forward by him in this writ petition is as follows:-On 26.3.1999, the petitioner suffered with a heart attack while he was holding the post of the Chief Medical and Health Officer, Sikar. The petitioner was immediately admitted as indoor patient at Government Hospital, Sikar where he suffered second heart attack on 1.4.1999 and therefore, he was immediately shifted to Santokh Ba Durlabhji Hospital, Jaipur on 1.4.1999 itself and thereafter, he was shifted to SMS Hospital, Jaipur on 5.4.1999 as indoor patient. On 11....
Tag this Judgment!D.C.M. Shriram Consolidated Limited Vs. Regional Provident Fund Commis ...
Court: Rajasthan
Decided on: Jul-29-2003
Reported in: [2004(102)FLR424]; (2004)IIILLJ396Raj; 2004WLC(Raj)UC365
S.K. Keshote, J.1. These two matters are in between the same parties and arising from the proceedings initiated by the respondent Regional Provident Fund Commissioner, Nidhi Bhawan, Jyoti Nagar, Jaipur (for short, the 'respondent-Commissioner') under Section 7A of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (hereinafter shall be referred to as 'the Act, 1952') and, thus, the same are taken up for hearing together and are being decided by this common order. In the writ petition, the petitioner D.C.M. Limited, Bara Hindu Rao, Delhi-6 (the appellant in the special appeal) (hereinafter shall be referred to as 'the establishment firm') challenged the order dated May 15, 1985 of the respondent-Commissioner. This order is enclosed of the writ petition as Annexure-15 at page Nos. 71-77. Under this order, the respondent-Commissioner held that the employees of the transport contractors are the employees of the establishment for the purpose of the Act, 1952 and that the ...
Tag this Judgment!State Bank of Bikanar and Jaipur Vs. Union of India (Uoi) and ors.
Court: Rajasthan
Decided on: Jul-28-2003
Reported in: (2003)185CTR(Raj)67; [2004]270ITR271(Raj); RLW2004(2)Raj899; 2003(4)WLC544
S.K. Keshote, J. 1. Heard the learned counsel for the parties, perused the entire record of the writ petition, special appeal and the order of the learned Single Judge.2. At the outset we are constrained to observe that the State of Bank of Bikaner & Jaipur has wasted huge public money in making this bulky record of the appeal.In appeal, the State Bank of Bikaner & Jaipur has challenged the order of the learned Single Judge under which, on the application filed by the respondent under Article 226(3) of the Constitution of India, the interim order granted on 27th March, 2003, has been vacated. Though this appeal is against the interim order on an interlocutory application and ordinarily it is not maintainable but on the insistence of the counsel appearing on behalf of the appellants, we have touched the merits of the matter.3. Having carefully examined the merits of the matter we are constrained to observe even filing of the writ petition in the matter is uncalled for. It was avoidable ...
Tag this Judgment!Bagga Mali Vs. Shri Bhawani Shankar Garg
Court: Rajasthan
Decided on: Jul-28-2003
Reported in: RLW2004(1)Raj184; 2003(4)WLC721
Ashok Parihar, J.1. Mr. S.M. Mehta, learned Advocate General who was directed to assist the court as to whether the Education Tribunal has the powers of contempt for non-implementation of the orders passed by the Tribunal, while relying on the judgment of this court in the case of Smt. Krishna Jha v. State of Raj. and Ors. (1), decided on 23.4.2003, Mr. Mehta submitted that orders passed by the Tribunal are now executionable treating the same as decrees of a civil court by way of an amendment in the Act itself.2. The Amendment Act No. 10 of 2003 inserting Section 27-A in the Rajasthan Non-Governmental Education Institutions (Amendment) Act by which a provision has been made to the effect that the order passed by the Tribunal shall be deemed to be the decree of the lowest civil court having territorial jurisdiction over the local area in which the respondents against whom the order has been made, ordinarily resides or carries on business or personally works for gain and shall be execute...
Tag this Judgment!Collector of Central Excise Vs. J.K. Udaipur Udyog
Court: Rajasthan
Decided on: Jul-28-2003
Reported in: 2004(177)ELT133(Raj); RLW2004(1)Raj246; 2003(4)WLC418
Singh, C.J.1. Reference has been made to us by the Customs, Excise and Gold (Control) Appellate Tribunal, New Delhi, under Section 35G(1) of the Central Excise Act, to consider the following question of law:'Whether the explosive used in the respondents' mines situated outside the premises of their cement factory, for the purpose of excavating limestone as raw material for manufacture of cement, can be considered as inputs (as used in relation to the manufacture of cement) eligible for Modvat credit in terms of Rule 57A of the Central Excise Rules, 1944'.2. The facts giving rise to the Reference are as follows:3. The respondent company manufactures cement in it's factory located in Udaipur. One of the raw materials for manufacture of cement is Limestone. The respondent obtained Limestone from mines owned by it. It used duty paid explosives to extract Limestone from the mines. It is not disputed that the Limestone so extracted was exempt from payment of excise duty by reason of exemptio...
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