Rajasthan Court April 2007 Judgments
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Tribhuwan Kumar and ors. Vs. Commissioner of Income Tax and anr.
Court: Rajasthan
Decided on: Apr-03-2007
Reported in: (2007)213CTR(Raj)198
1. This appeal gives rise to the following substantial question of law:Whether, on the facts and in the circumstances of the case, the Tribunal was justified in dismissing the appeal preferred by the present appellant as not maintainable in view of Rules 19 and 20 of the IT (Appellate Tribunal) Rules, 1963, and the decision of the Tribunal, Delhi Bench, in the case of CIT v. Multiplan India (P) Ltd. (1991) 38 ITD 320 (Del)?2. Since the aforesaid question of law is short, by the consent of the parties, this appeal itself is heard and disposed of at this stage.3. It is not in dispute that the appeal being ITSA No. 112/Jp/2001 was preferred by the assessee, aggrieved by the order of the CIT(A), dt. 25th Sept., 2001, to the extent the additions were made in the trading account. It is also not in dispute that on the date when the aforesaid appeal came up for consideration before the Tribunal, neither the assessee nor his representative was present.4. It may be noted here that notice for hea...
Ramesh Chand Vs. State of Rajasthan
Court: Rajasthan
Decided on: Apr-03-2007
Reported in: RLW2007(4)Raj3206
Shiv Kumar Sharma, J.1. Ramesh Chand, the appellant herein, was put to trial before the learned Additional Sessions Judge (Fast Track) No. 2, Jhalawar, on the allegation of murder of his mother Naurangi Bai. Learned Judge vide judgment dated December 10, 2001 convicted and sentenced the appellant under Section 302 IPC to suffer imprisonment for life and fine of Rs. 200, in default to further suffer one month simple imprisonment.2. It is the prosecution case that on the basis of written report (Ex. P-1) submitted by Ram Chandra (Pw. 1) at Police Station Sarola Kala on August 29, 2000 a case under Section 302 IPC was registered and investigation commenced. It was interalia stated in the report that the appellant around 7.00 AM on the said day demanded explanation from his mother as to why she eloped with Chhotia and inflicted knife blows on her person. After usual investigation charge sheet was filed. In due course the case came up for trial before the learned Additional Sessions Judge (...
Sameera Bano (Smt.) Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Apr-02-2007
Reported in: AIR2007Raj168; RLW2007(2)Raj1674
S.N. Jha, C.J.1. A significant question of law - whether the dispute relating to any pre-election disqualification can be adjudicated only in an election petition before the District Judge under Section 43 of the Rajasthan Panchayati Raj Act, 1994 read with rule 80 of the Rajasthan Panchayati Raj (Election) Rules, 1994 or it can also be adjudicated by the authority under rule 23 of the Rajasthan Panchayati Raj Rules, 1996 read with Section 39 (2) of the Rajasthan Panchayati Raj Act, 1994 - is involved in these three special appeals. The point being common the appeals were heard together and are disposed of by this common judgment.2. The representative facts may be noticed from D.B. Special Appeal (W) No. 236/2006 which was argued as the leading case.3. The appellant filed writ petition, S.B. Civil Writ Petition No. 9758/2005, for quashing the enquiry initiated by the Chief Executive Officer (CEO), Zila Parishad Jhunjhunu. She was informed that the preliminary enquiry held by the Additi...
Saraswati Devi (Smt.) Vs. Maharao Brajraj Singh and ors.
Court: Rajasthan
Decided on: Apr-02-2007
Reported in: RLW2007(3)Raj2411
Vineet Kothari, J.1. This appeal is directed against the order dated 1.3.2007 passed by learned ADJ No. 1, Kota dismissing the civil suit No. 1/2000 on an application filed under Order 7 Rule 11 CPC by defendant No. 6 Ijyaraj Singh son of Sh. Maharao Brajraj Singh on 15.9.2006.2. The facts leading to the present impugned order in brief are like this.3. The plaintiff Smt. Saraswati Devi, appellant herein filed a suit for specific performance against the defendant with regard to 80 bighas of land which came under ceiling and under an exemption order passed on 24.2.1990 by the State Government exempting the land in question from the provisions of the Urban Land & Ceiling Act, 1976 (since repealed in 1999) on 24.2.1990. The agreement in question is said to be oral and made on 26.2.1990 and according to the plaintiff, she paid entire consideration of Rs. 12 lacs to the defendant No. 2 Prithvi Raj Singh who was trusted assistant of Maharao Bhim Singhji, who has since expired and present defe...
Radhey Shyam Vs. Union of India (Uoi) and ors.
Court: Rajasthan
Decided on: Apr-02-2007
Reported in: RLW2007(3)Raj2423
S.N. Jha, C.J. 1. This special appeal is directed against the order of the learned Single Judge dismissing the writ petition of the appellant. The appellant had filed the writ petition for quashing the orders by which his services had been terminated.2. The appellant was appointed as a Constable (G.D.) in the Central Reserve Police Force (CRPF) on purely temporary basis on 23.10.2001. On 9.4.2002 his services were terminated under proviso to Sub-rule (1) of Rule 5 of the Central Civil Services (Temporary Service) Rules, 1965. He preferred appeal against the said order which was dismissed by the Inspector General on 10.9.2002. He then filed review petition before the Director General but that too was dismissed on 1.5.2003. He thereafter filed the writ petition challenging the said orders.3. The writ petition was dismissed in limine without even calling upon the respondents to file the reply and as such, the stand of the respondents is not on the record. However, from the appellate order...
Indian Hotels Co. Ltd. Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Apr-02-2007
Reported in: 2007ACJ198
Mohammad Rafiq, J.1. Under challenge in this special appeal is the judgment dated 22-1-2007 passed by the learned single Judge whereby the writ petition filed by the appellant against the show cause notice issued by Collector (Stamps) in exercise of his powers under Section 47A of the Indian Stamp Act, 1899 read with Rule 66A of the Rajasthan Stamp Rules, 1955 was dismissed. The learned single Judge held that the writ petition cannot be directly entertained against a mere show cause notice particularly because it involves disputed questions of fact. While therefore dismissing the writ petition as not maintainable the learned single Judge directed the Collector (Stamps) to dispose of the matter as expeditiously as possible, preferably within 60 days.2. Factual matrix of the case is that a lease deed was executed between the appellant company and one Shri Vishvendra Singh on 30th March, 1998 who leased out to the appellant company his immovable property situated at Bharatpur, inter alia,...
Santosh Devi (Smt.) Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Apr-02-2007
Reported in: RLW2007(4)Raj2714
Prem Shanker Asopa, J.1. By this writ petition, the petitioner is seeking an appropriate writ, order or direction to consider her case for grant of pension as also for grant of arrears of pension since her entitlement i.e. 4.6.1997 with interest at the rate of 18% p.a. The petitioner has also claimed other retrial benefits and appointment on the post of Peon under the Rajasthan Recruitment of Dependents of Government Servants (Dying while in service) Rules, 1996 (in short 'the Rules of 1996').2. The facts, in brief, of the case, as per the petitioner are that her husband Radha Krishan Vaishnav was discharging his duties as LDC in Govt. Secondary School. Dumoli Khurd, Panchayat Samiti Buhana, Distt. Jhunjhunu from 10.10.1987. He continued to work with the respondents upto 4.6.1990 and from 4.6.1990 nothing has been heard about his whereabouts. A public notice was also issued by the Education Department in the newspaper asking the said Radha Krishn Vaishnav to present himself in the offi...
Regional Provident Fund Commissioner (the) and anr. Vs. Moti Warping F ...
Court: Rajasthan
Decided on: Apr-02-2007
Reported in: [2007(114)FLR394]; RLW2007(4)Raj2952
Mohammad Rafiq, J.1. This special appeal is directed against the judgment dated 4.5.1993 passed by the learned Single Judge whereby writ petition filed by the respondent was allowed and the order dated 14.9.1980 passed by the Regional Provident Fund Commissioner (for short 'the Commissioner') with regard to coverage of the respondent under Section 7A of the Employees' Provident Funds & Miscellaneous Provisions Act, 1952 (for short 'the Act of 1952') was set aside.2. Factual matrix of the case is that the respondent M/s. Moti Warping Factory which was a partnership firm comprising of two partners namely Shri Shanker Lai Garg and his son Shri Suraj Narain Garg, was registered under the Factories Act, the Rajasthan Sales Tax, Central Sales Tax, ESIC Act and was also registered as the Small Scale Industry. According to the case set up by the respondent-petitioner before the learned Single Judge in the writ petition, this factory was erected on a piece of land belonging to Mrs. Uma Garg wif...
Satya NaraIn Sharma Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Apr-02-2007
Reported in: RLW2008(1)Raj130
Prem Shanker Asopa, J.1. By this writ petition, the petitioner seeks to challenge the penalty order dated 4.8.1994 whereby three annual grade increments with cumulative effect have been withheld.2. The facts, in brief, of the case as per the petitioner, are that while working as LDC in Agriculture Marketing Department, the petitioner was served with a charge-sheet dated 30.3.1993 levelling two charges in the matter of overwriting/cutting in gate passes resulting in help to evade market fee and not placing the same on record is in violation of departmental circulars. After issuance of he charge-sheet although inspection was not allowed but reply was submitted, thereafter the enquiry officer was appointed and the enquiry officer without taking any evidence and without further showing the record and hearing the petitioner, submitted his report to the respondent No. 3 - Secretary, Krishi Upaj Mandi Samiti, Alwar. On receipt of enquiry report, the disciplinary authority straightway has pass...
Abdul Sattar and anr. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Apr-02-2007
Reported in: I(2008)DMC222
Dalip Singh, J.1. Having heard Learned Counsel for the petitioners, the learned Public Prosecutor and the Learned Counsel for the complainant and perused the case diary. It has been submitted that the husband has already been arrested. Some recoveries have been made by the police on the basis of information furnished by him, in the facts and circumstances of the case without expressing any opinion on the merits of the case, I deem it just and proper to grant the benefit of Section 438, Cr.P.C. to the accused-petitioners who are the father and mother of the husband.2. Accordingly, the bail application under Section 438, Cr.P.C. allowed Me concerned S.H.O. is directed that in the event of the arrest of accused-petitioner No. 1 Abdul Sattar son of Baljeet Jatu and No. 2 Smt. Sabera @ Sabri w/o Shri Abdul Sattar in connection with FIR No. 27/2007, Police Station Kotwali, Sikar, they shall be released on bail on furnishing a personal bond in the sum of Rs. 20,000 and two sureties in the sum...
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