Rajasthan Court September 2006 Judgments
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Cosmopolitan Education Society Vs. Cit
Court: Rajasthan
Decided on: Sep-11-2006
Reported in: (2007)212CTR(Raj)368; [2008]299ITR47(Raj); RLW2007(2)Raj1591
Vineet Kothari, J.1. This appeal Under Section 260A of the Income Tax Act, 1961 (hereinafter referred to as 'the Act') has been filed by the assessee against the appellate order of the Income Tax Appellate Tribunal, Jaipur Bench, Jaipur allowing the Revenue's appeal and remanding the case back to the first Appellate Authority i.e. Commissioner of Income Tax (Appeals) to decide the issue again as to whether there was any mis-utilisation of the funds by the trustees or owner of the assessee Society and consequently whether the assessee was entitled to exemption from income tax Under Section 10(22) of the Act.2. This appeal is for the assessment year 1996-97 and learned Counsel urged that for the preceding abressment year 1995-96 the Income Tax Appellate Tribunal itself has decided in favour of the assessee that the assessee was entitled to exemption Under Section 10(22) of the Act and even the appeal against the said order of the Income Tax Appellate Tribunal was dismissed by this Court ...
ishwar Dass Moolrajani Vs. Union of India (Uoi) and ors.
Court: Rajasthan
Decided on: Sep-08-2006
Reported in: RLW2006(4)Raj3268
Shiv Kumar Sharma, J.1. Ishwar Dass Moolrajani, petitioner herein, has approached this Court with the prayer that his custody be declared illegal and a writ in the nature of Habeas Corpus be issued directing release of the petitioner forthwith.2. As per the facts stated in the writ petition the petitioner has been engaged in the trade of manufacture and sale of wrist watches 'ROCHEES' known for low priced watches to cater the need of masses who cannot afford costly watches. The Custom Authorities acting on the false information and frivolous insinuations propagated by the business rivals, initiated inquiry which culminated in arrest of petitioner on July 24, 2006.3. It is averred by the petitioner that arrest of the petitioner as well as orders granting remand by learned Additional Chief Judicial Magistrate (Economic Offences) Jaipur City are per se violative of statutory mandate of Articles 21 and 22 of the Constitution of India. The reasons as stated in writ petition are:IN REGARD TO...
Kailash Vs. State of Rajasthan
Court: Rajasthan
Decided on: Sep-08-2006
Reported in: 2006CriLJ4708; 2006(1)WLC639
Mohammad Rafiq, J.1. This appeal is directed against the judgment dated 20-11-1987 passed by the learned Sessions Judge, Pali whereby he convicted the accused-appellant for offence under Section 376 IPC and sentenced him to undergo rigorous imprisonment of three years with fine of Rs. 500/-, in default payment whereof to further undergo one month's simple imprisonment.2. The factual matrix of the case are that a first information report was lodged in a Police Station Kerla, District Pali on the basis of parcha bayan of one Dhanna S/o Ganesh Ji by caste Gurjar, resident of Chatra Ki Bhakhari, at 10:15 a.m. on 20-7-1985 who along with his sister Sua aged 12 years appeared before SHO on 20-7-1985. It was alleged that at 12 in the noon of that day his sister Sua had taken their cattle for grazing towards Kharda Dam. She carrie back to her house at 4.00 p.m. At that time she was crying and her blouse was torn apart. On inquiry she told that while she was with the grazing cattle near Kharda ...
Kajju Lal Vs. State of Rajasthan
Court: Rajasthan
Decided on: Sep-08-2006
Reported in: 2006CriLJ4386; RLW2007(1)Raj152
Mohammad Rafiq, J.1. This appeal has been filed by the appellant against the judgment dated 20th April, 1988 passed by the Additional District Judge and Sessions Judge, Rajsamand thereby convicting him for offence Under Section 201, IPC and sentencing him to undergo rigorous imprisonment of six months with fine of Rs. 300/-, in default payment whereof to further undergo one month's simple imprisonment.2. One Devi Singh Karwar resident of Pasund Kerawaton Ki Bhagal gave an information to SHO Police Station, Kelwara that he had heard about a dead body of a woman lying on side of the road leading from Lakhmawato Ka Guda to Nathdwara. He informed that the villagers have assembled there and the dead body was covered by Sari. The police on receiving this information, started an inquiry Under Section 174, Cr.P.C. Panchnama of dead body was prepared as Exhibit-P/5. On examination of the dead body, it was found that name Tulshi was inscribed at the right hand of the deceased and no external inj...
Official Liquidator of Shield Shoe Company P. Ltd. (In Liquidation) Vs ...
Court: Rajasthan
Decided on: Sep-08-2006
Reported in: [2007]135CompCas467(Raj); RLW2007(2)Raj1505; [2007]75SCL41(Raj)
Shiv Kumar Sharma, J.1. By way of judge's summons taken out under 1 Sections 542 and 543(1) of the Companies Act, 1956 (for short 'the Act') the official liquidator has prayed for an order:(i) to declare that the ex-directors are jointly and severally and personally liable without any limitation of liability for all the debts and other liabilities of the company ;(ii) to make further such other declaration for the purpose of giving effect to the aforesaid declaration ;(iii) to punish the ex-directors with such sentence as may be thought fit and proper in the facts and circumstances of the case and further direct the respondents to repay/restore the monies and properties which have not been handed over to the official liquidator with interest ; and(iv) to further direct the ex-directors to contribute the assets of the company by way of compensation with such sum in respect of their misapplication, retention and misfeasance and breach of trust.2. Contextual facts depict that M/s. Shield ...
Raj Kumar and anr. Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Sep-08-2006
Reported in: RLW2007(1)Raj519
Shiv Kumar Sharma, J.1. Challenge in these two appeals is to the judgments dated December 17, 1999 and April 13, 2004 rendered respectively by learned Additional Sessions Judge No. 1 Sikar and Additional Sessions Judge (Fast Track) No. 2 Sikar. Since both the judgments relate to one incident occurred on August 15, 1998, we proceed to decide these appeals by a common judgment. Appellants Bajrang Lal, Har Lal and Mangi Lal were tried together in Sessions Case No. 1/1999 and they were convicted and sentenced as under:Under Section 147 IPC:Each to suffer rigorous imprisonment for one year and fine of Rs. 200/- in default to further suffer rigorous imprisonment for one month.Under Section 148 IPC:Each to suffer rigorous imprisonment for one year and fine of Rs. 200/- in default to further suffer rigorous imprisonment for one month.Under Section 302/149 IPC:Each to suffer imprisonment for life and fine of Rs. 2000/-, in default to further suffer rigorous imprisonment for six months.Under Sec...
Babu Lal Jug Raj and Co. Vs. Ito and anr.
Court: Rajasthan
Decided on: Sep-08-2006
Reported in: (2007)208CTR(Raj)301; [2007]289ITD115(Jodh); RLW2007(1)Raj666
Rajesh Balia, J.1. This writ petition is directed against the issuance of notice under Section 148 of the Income Tax Act, 1961 dated 26th March, 1991 for reopening of the assessment of the petitioner's income for the assessment year 1984-85.2. The brief facts leading to this petition are that for the accounting period ending on 14th Nov., 1983 relevant to assessment year 1984-85, the petitioner has filed its return of income under Section 139(1) of the Act, 1961 on 12.6.1984 at Sumerpur.3. On 3.9.1984 the Income Tax Officer passed assessment order under Section 143(3) of the Act for the assessment year 1984-85 assessing the total income of the assessee.4. Thereafter a survey was conducted by the Income Tax Department on the business premises of the assessee on 6.12.1985 and certain documents and books were seized from the assessee's premises which were impounded under Section 131(3) of the Act and on basis of analysis of all those documents, the reassessment proceeding for assessment y...
Manna Singh Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Sep-08-2006
Reported in: RLW2007(2)Raj905
Mohammad Rafiq, J.1. This writ petition has been filed by the petitioner Manna Singh Chauhan praying for writ of mandamus directing the respondents to appoint him on the post of Physical Teacher Gr. III with effect from the date when the respondent No. 3 and 4 were so appointed with all consequential benefits together with interest @ 24% per annum and further declaring that the respondent No. 3 was not entitled to 10% extra marks for his domicile certificate and respondent No. 4 was not entitled to 5% extra marks for his district level sports certificate. Accordingly, the respondents should deduct such marks from the total marks secured by them.2. Since the appointment of respondent No. 4 Mitthu Singh has already been cancelled as a result of enquiry conducted by the respondents following the judgment passed by this Court on 26.5.2005 in Ganesh Lal v. State of Rajasthan S.B.C. Writ Petition No. 1768/98 in which district level tournament certificate produced by him was found forged and ...
Lalit Chouhan Vs. Shakeel Mohd. and ors.
Court: Rajasthan
Decided on: Sep-08-2006
Reported in: IV(2006)ACC732
ORDERAjay Rastogi, J.1. Instant appeal has been filed challenging the order dated 25.7.2005 whereby Motor Accident Claims Tribunal (ADJ (FT) No. 7, Jaipur City rejected claim petition (MAC) No. 219/2004.2. As alleged in claim petition, claimant met with an accident on 12.5.2002 while travelling in offending Jeep No. RJ-14-P-8815 along with his own brother besides seven other known persons from Bagru to Kekri and as a result of offending jeep being driven rashly and negligently by its driver it overturned and claimant alone sustained injuries. As per report, Medical Board opined 7% permanent disability to the claimant. FIR, for the accident (supra) was lodged by his brother on 21.5.2002 and all other members including his own brother sustained simple injuries for which they took medical first aid and discharged from the hospital. No reasons or explanation has come forward by the claimant for having lodged belated FIR after almost 10 days of the accident. On medical inspection of the off...
Bhag Singh Vs. Divisional Commissioner and ors.
Court: Rajasthan
Decided on: Sep-07-2006
Reported in: RLW2007(1)Raj114
Shiv Kumar Sharma, J.1. The petitioner has approached this Court to set aside the orders dated December 10, 1992, December 26, 1992 and August 12, 1996 and to declare that the petitioner's land is not liable to acquisition under the provisions of Urban Land (Ceiling & Regulation) Act, 1976 (for short '1976 Act'). In case of non-petitioners take possession of the land during the pendency of writ petition the same may be restored to the petitioner.2. Contextual facts depict that agricultural land bearing khasra No. 27 measuring 50 Bigha 30 Biswa situated in village Ramchandrapur Tehsil Ladpura District Kota was partitioned between the petitioner and Narendra Singh, Harcharan singh, Guruvachan Singh, Satyendra Singh, Jaswinder Singh, Kulwant Singh, Gurmeet Singh, Sukhdev Singh, Hakim Singh and Nichander Singh co-sharers. The petitioner filed returned under the provisions of 1976 Act. He also filed application under Section 20 of the 1976 Act of February 6, 1992 before the Additional Direc...
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