Rajasthan Court September 2003 Judgments
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Commissioner of Income Tax Vs. Devilal Soni
Court: Rajasthan
Decided on: Sep-16-2003
Reported in: (2003)185CTR(Raj)180; [2004]271ITR566(Raj); 2004(1)WLC377
N.N. Mathur, J. 1. By way of instant application under Section 256(2) of the IT Act, 1961, the CIT, Bikaner seeks reference on the following question of law for the opinion of this Court :'Whether the Tribunal was legally empowered to 'review' its earlier order passed on 3rd Feb., 1997, by taking a different view on the same set of facts of the case ?'2. On the same facts, the CIT, Bikaner has also filed a writ petition under Article 226 of the Constitution of India seeking direction to set aside the order dt. 25th Nov., 1997, The tax reference as well as the writ petition are heard and disposed of by a common order as both of them pertains to the asst. yr. 1989-90 of the same assessee i.e., Devilal Soni.3. The facts which lead to filing of reference application and the writ petition are as follows :4. The respondent-assessee is an individual, engaged in the job of gold smith. A search operation was carried out at the residential premises of the respondent-assessee on 28/29th Sept., 19...
Smt. Mamta and ors. Vs. Hari Kishan
Court: Rajasthan
Decided on: Sep-16-2003
Reported in: AIR2004Raj47; I(2004)DMC558; RLW2004(3)Raj1504; 2004(1)WLC384
Mathur, J.1. We have heard Mr. M. Section Singhvi, learned counsel for the appellant and Mr. I. Section Pareek, learned Additional Government Advocate, party necessary for adjudication in the matter of payment of court-fees.2. The instant appeal under Section 19 of the Family Courts Act, 1984 is directed against the order of the learned Judge, Family Court, Jodhpur dated 10th July, 2003 rejecting the application for maintenance of wife and children by a peremptory order, in case of default of payment of deficit court-fees of Rs. 15.045/- calculated on ad valorem basis.3. The facts giving rise to the instant appeal are that the wife of respondent Hari Kishan viz., Smt. Mamta, daughters Ms. Saroj, Ms. Pooja and Ms. Arti filed an application under Section 18 and 20 of the Hindu Adoptions and Maintenance Act, 1956 in the Family Court, Jodhpur claiming maintenance in the sum, of Rs. 25,000/- per months. It is averred that the marriage between the first appellant Smt. Mamta and respondent Ha...
Sanjeev Kumar Charan Vs. State of Rajasthan and anr.
Court: Rajasthan
Decided on: Sep-16-2003
Reported in: RLW2004(3)Raj1486; 2004(1)WLC357
N.N. Mathur, J.1. The petitioner Sanjeev Kumar Charan was selected for appointment on the post of Munsif and Judicial Magistrate. However, he was not given appointment in view of the adverse police report. According to police record petitioner has been involved in theft cases. His photograph appears in the album of persons of criminal antecedents, kept at Police Station GRP, Jodhpur. In two cases, wherein petitioner alleged to have committed theft of the articles of foreigners in Train, challan for offence under Section 379 I.P.C. was filed in Court against him.2. It is contended by the learned counsel that the petitioner has been acquitted in both the cases, as such the adverse police report could not be a ground for refusing the appointment. It is also submitted that two other candidates namely Miss Rekha Choudhary and Sunil Yadav who were also tried for criminal cases have been given appointment. Thus, according to the petitioner it is the case of hostile discrimination.3. In reply ...
Shyam Singh Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Sep-16-2003
Reported in: RLW2004(3)Raj1678; 2004(1)WLC93
N.N. Mathur, J.1. The instant writ petition is offshoot of the pending Public Interest Litigation popularly known as Mahendra Lodha's case (D.B. Civil Writ Petition No. 6073/93), wherein by order dated 20th December, 2000 wide ranging directions were given to the State of Rajasthan and various local bodies in the matter of traffic management in the City of Jodhpur. Mr. Gajendra Singh Rathore learned counsel for the petitioner has invited our attention to Para 13 of the order to show that certain places were identified as places for parking the vehicles which includes an open area near Mohanpura Overbridge. Taking the clue from the order, petitioner seeks directions to restrain the respondents from installing any statute over the said site i.e. left side of the Mohanpura Overbridge. It is averred that Sojati Gate is the main centre of the Jodhpur City from the point of view of traffic movement as also the commercial activities, it is further averred that considering the large movement o...
Arawali Taxi Operators Union Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Sep-15-2003
Reported in: II(2004)ACC353; AIR2003Raj357; RLW2004(4)Raj2132
Mathur, J.1. The appellant, a Taxi Operators Union challenged one of the conditions attached to the contract carriage permit prohibiting to fit luggage carrier on the roof of the jeep being arbitrary and unreasonable. Learned single Judge dismissed the petition relegating the petitioner to alternate remedy under Section 89 of the Motor Vehicles Act.2. It is well established that High Court has power to issue in a fit case an order prohibiting an Executive Authority from acting without jurisdiction more particularly, in case where such an action is likely to subject a person to lengthy proceedings and unnecessary harassment. It is not necessary to tress all the judgments on the point, suffice to refer the decision of Apex Court in Whirlpool Corporation v. Registrar of Trade Mark, reported in (1998) 7 JT(SC) 243 : (AIR 1999 SC 22) wherein the Court reviewed almost all the cases on the point and reiterated three well established exceptions wherein writ jurisdiction does not operate as bar...
Commissioner of Income Tax Vs. Shree Rajasthan Syntex Ltd.
Court: Rajasthan
Decided on: Sep-15-2003
Reported in: (2004)186CTR(Raj)59; [2004]269ITR461(Raj)
RAJESH BALIA, J. 1. Heard learned counsel for the parties.2. This appeal under Section 260A of the IT Act, 1961 (for short 'the Act') is directed against the order of Tribunal, Jodhpur Bench, Jodhpur, dt. 28th January, 2003 at the instance of CIT. It relates to asst. yr. 1992-93. The issue relates to claim of the assessee regarding deduction of liability to pay premium on non-convertible debentures issued by it during the assessment year in question.3. The facts are that the assessee is a limited company, which is registered under the Indian Companies Act, 1956, It has issued non-convertible debentures of Rs. 3 crores in favour of LIC and State Bank of India mutual fund on premium. As per the term of issue of debentures, the assessee was to redeem those debentures at a premium of 5 per cent of the face value of the debentures in three equal instalments at the end of 7th, 8th and 9th year by paying Rs. 35 per year. The payment of Rs. 105 was to be made against the issue amount of Rs. 10...
General Manager, Pnb and ors. Vs. Jamna Devi (Smt.)
Court: Rajasthan
Decided on: Sep-15-2003
Reported in: (2004)IILLJ545Raj; RLW2004(1)Raj392; 2004(1)WLC368
Singh, CJ.1. This special appeal is directed against the order of the learned single Judge dated 16.12.2002 passed in S.B. civil Writ Petition No. 2380/2002.2. The brief facts giving rise to this appeal are as follows:3. In the year 1979, the husband of the petitioner was appointed as a peon in the New Bank of India. Subsequently New Bank of India was amalgamated with the Punjab national Bank. On 16.01.1988, Hiralal - the husband of the petitioner died while in service. On the date of his death, he had completed about 11 years of service in the Bank. It is not in dispute that at the time of his death, Provident Fund Scheme was in vogue.4. Subsequently, the Punjab National Bank framed the Punjab National Bank (Employees) Pension Regulation, 1995 (for short 'the Regulation') which amongst other things made provision for grant of pension to its retired employees and family pension to the families of the deceased employees, provided they opted for the same in the prescribed manner. Regulat...
Bhura Vs. Addl. District Judge No. 8 and ors.
Court: Rajasthan
Decided on: Sep-15-2003
Reported in: AIR2004Raj67; 2004(1)WLC180
Shiv Kumar Sharma, J.1. Mr. S.C. Gupta, for the petitioner.The defendant-petitioner in the instant writ petition under Article 227 of the Constitution seeks to quash the impugned order dated August 16, 2003 of the learned Additional District Judge No. 8. Jaipur City passed in Civil Misc. Appeal No. 3/2003 whereby temporary injunction granted in favour of the plaintiffs and the defendant petitioner was restrained from raising construction over the plot JCEF shown in the map 2. The grievance expressed by the learned counsel on behalf of the defendant petitioner was that second application for issue of temporary injunction was barred by principles of res judicata and the order of learned appellate Court was palpably illegal and not based on the sound judicial principles.3. Having scanned the material on record I find that plaintiffs sought the relief second time under the changed circumstances. It was pleaded by the plaintiffs that on February 12, 2003 the defendant and his sons threatene...
Sushil Kumar Shah and ors. Vs. Adj (Fast Track) No. 2 Camp Beawar and ...
Court: Rajasthan
Decided on: Sep-15-2003
Reported in: RLW2004(3)Raj1525; 2004(1)WLC176
Shiv Kumar Sharma, J.1.The plaintiff filed civil suit No. 21/2002 against the defendant petitioners in the court of Additional District Judge Beawar (Ajmer) in the month of March, 2002. On April 8,2002 the suit was registered and defendant petitioners were summoned to appear in the court on December 2, 2002. The defendants petitioners appeared on the date and sought time to file written statement. Learned trial court granted time and fixed August 4, 2003 for filing the written statement. The suit in the meanwhile appeared to have been transferred in the court of Additional District Judge (Fast Track) No. 2, Ajmer Camp Beawar and registered as bearing No. 248/2003 on August 4, 2003. The defendants petitioners intimated the court that they had submitted written statement on July 7, 2003 and the same be taken on record. Learned Additional District Judge (Fast Track) No. 2 Ajmer Camp Beawar vide order dated August 4, 2003 observed that as the written statement was filed beyond the prescrib...
Tarun Sharma and ors. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Sep-15-2003
Reported in: RLW2004(4)Raj2172; 2004(1)WLC394
K.C. Sharma, J.1. Above four criminal appeals arise out of the judgment and order dated 23.1.2001 passed by the Additional Sessions Judge No. 2, Ajmer, thereby holding the accused appellants guilty for offence under sections 302/149, 341 and 148 IPC for causing death of Manoj and accordingly convicting and sentencing the accused appellants in the manner stated below:U/S. 302/149 IPC Life imprisonment and a fine of Rs. 5000/- in default of payment of fine, each tofurther undergo rigorous imprisonment for one year.U/S. 148 IPC Three years rigorous imprisonment with a fineof Rs. 2000/- each, in default thereof, each tofurther undergo simple imprisonment for one year.U/S. 341 IPC One month's simple imprisonment with a fineof Rs. 500/-, in default thereof, each to further undergo simple imprisonment for a week.2. Since all the four appeals arise out of one and the same judgment in a Sessions Case No. 73/98, they are being decided by a common judgment.3. According the prosecution, Parcha Bay...
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