Rajasthan Court May 2007 Judgments
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Assistant Commissioner, Commercial Taxes Vs. Mahaveer Timber Mart
Court: Rajasthan
Decided on: May-08-2007
Reported in: (2007)211CTR(Raj)90; (2009)24VST409(Raj)
Prakash Tatia, J.1. Heard learned Counsel for the parties.2. The law point raised by the Revenue in the present revision is whether the Tax Board was right in holding that the appeal preferred by the Revenue in the matter of provisional assessment proceedings became infructuous after the final assessment order made under Section 29 of the Rajasthan Sales-tax Act, 1994?3. Brief facts of the case are that a survey was undertaken on 15th May, 1997 at the business premises of the respondent/assessee and during the course of survey, incriminating documents were found. In survey, it was found that there were discrepancies in the books of account. The proceedings for provisional assessment of tax under Section 27 of the Rajasthan Sales-tax Act, 1994 (for short 'the Act of 1994') were initiated. Due notice was given to the assessee in the provisional tax assessment proceedings and tax liability of the assessee was assessed by the assessing authority by order dt. 11th Aug., 1997 holding that th...
Pankaj JaIn Vs. Smt. Nidhi and ors.
Court: Rajasthan
Decided on: May-08-2007
Reported in: RLW2007(4)Raj3578
Guman Singh, J.1. Challenge in the appeal No. 768/2005 is to the judgment and decree dated 18.1.2005 passed by Judge, Family Court No. 2, Jaipur, in Case No. 260/2003, whereby the petition filed by the respondent-wife (hereinafter referred to as the wife) was allowed and a decree of divorce was passed dissolving the marriage between the parties while the application of the respondent wife for permanent alimony was disallowed.Challenge in the another appeal No. 755/2005, filed by the wife Smt. Nidhi Jain is also to the aforesaid judgment and decree dated 18.1.05 passed by Judge, Family Court No. 2, Jaipur, whereby her application for permanent alimony was disallowed though her petition for decree of divorce was decreed.Both the appeals arise out of the judgment and decree dated 18.1.2005, passed by Judge, Family Court No. 2, Jaipur, as stated above, therefore, the same are being disposed of by this common order.2. Briefly stated the facts common to these appeals are that wife had filed ...
Suresh Rawat Vs. State of Rajasthan
Court: Rajasthan
Decided on: May-08-2007
Reported in: RLW2008(1)Raj266
Narendra Kumar Jain, J.1. This appeal, on behalf of accused-appellant Suresh Rawat S/o Ganga Ram Rawat, is directed against the judgment and order dated 18th January, 2002, passed by the Additional Sessions Judge (Fast Track), Alwar, in Sessions Case No. 104/2001 (64/2001), whereby the appellant was convicted as under:----------------------------------------------------------Under Sections Sentence of Imprisonment----------------------------------------------------------304B, IPC To undergo 10 years rigorous imprisonment498A, IPC To undergo 2 years rigorous imprisonmentand a fine of Rs. 1,000/-; in default of payment of fine, to further undergo 3 months additional rigorous imprisonment.----------------------------------------------------------Both the sentences were ordered to run concurrently.2. The learned Counsel for the accused-appellant contended that although deceased Anita died within a period of 7 years from the date of her marriage and her death was abnormal, but there is no i...
Basanti Lal Vs. Mst. Phaphi and ors.
Court: Rajasthan
Decided on: May-08-2007
Reported in: AIR2008Raj72
ORDERBhagwati Prasad, J.1. Heard learned Counsel for the parties.2. This appeal is preferred by the appellant against the judgment and decree dated 12-12-1988 passed by the Additional District Judge, Rajsamand, in civil original No. 10 of 1982.3. The appellant-plaintiff, in the suit filed by him contended that a house owned and possessed by the defendant-respondent was mortgaged to him for consideration of Rs. 10,000/-. The mortgage deed was registered after execution by the defendant respondent. Yet he had neither parted with the possession nor permitted the plaintiff appellant to make use of the house. Therefore, it was prayed in the suit that the plaintiff should be awarded monthly mesne profit, and the arrears as well.4. The defendant-respondent contested the suit and submitted that the mortgage deed was neither for consideration, nor any related action had taken place in relation to the mortgage, nor has he handed over the possession, because the plaintiff had promised that he wil...
Uma Shankar and ors. Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: May-08-2007
Reported in: 2008(1)WLN98
Mohammad Rafiq, J.1. This appeal is directed against the judgment of learned Single Judge dt. 03.08.2006 whereby the writ petition of the appellants filed against the judgment of the Board of Revenue dt. 24.10.1994 was dismissed. The Board of Revenue in that judgment had upheld the judgment of Revenue Appellate Authority, Kota which while partly allowing the appeal of the respondent No. 5 set aside the judgment/decree dt. 05.01.1994 passed by Assistant Collector, Kota in her suit filed under Section 183 of the Rajasthan Tenancy Act, 1994 (for short 'the Act') thereby directing him to first decide the proceedings initiated by the land holder under Section 175 of the Act.2. Factual matrix of the case is that the ancestral land of the appellants bearing khasra No. 149 measuring 23 bighas is situated in village Rajnagar, Tehsil Ladpura, District Kota. Originally this land was entered in the khatedari of Narayan and upon his death, in the name of his son Mangi Lal who expired on 25.09.1995....
State of Rajasthan and ors. Vs. Rajasthan Vidhi Seva Sangh and anr.
Court: Rajasthan
Decided on: May-07-2007
Reported in: RLW2007(3)Raj2164
1. This special appeal is at the instance of the State Government taking exception to the judgment dated 8t September, 1992 passed by the Single Judge in Writ Petition filed by the present respondents. For the sake of convenience we shall refer to the present appellants, 'the Government' and the present respondents 'the petitioners.'2. The petitioners prayed in the writ petition that the Government be directed to give pay scale of 860-1750 to the Legal Assistants and pay scale of 1000-1860 to the Head Legal Assistants with effect from 1st September, 1981.3. The petitioners founded their claim on better pay scale on the recommendations made by the Law Reforms and Legal Services Committee headed by the then Advocate General Dr. L.M. Singhvi (for short, 'Law Reforms Committee') and the recommendations of the B.P. Beri Pay Commission (for short 'Beri Pay Commission'). The petitioners also claimed that the Legal Assistants belonged to the Rajasthan Legal Service and, therefore, they must be...
Smt. Renu Gupta Vs. Commissioner of Income Tax
Court: Rajasthan
Decided on: May-07-2007
Reported in: (2007)211CTR(Raj)147; [2008]301ITR45(Raj)
1. Heard the learned Counsel for the parties.2. By filing this appeal, the appellant assessee has challenged the order dt. 24th March, 2005 passed by the CIT, Bikaner by which the CIT, while exercising the revisional jurisdiction under Section 263 of the IT Act has found that the order passed by the AO is against the interest of the Revenue The CIT, accordingly, set aside the order and remanded the matter back for fresh enquiry by giving opportunity to the appellant assessee to lead evidence in connection with the facts in issue The order of the CIT was taken further by way of appeal before the Tribunal The Tribunal also found that the CIT has exercised the revisional jurisdiction in proper manner and accordingly the said order was confirmed by the Tribunal, Jodhpur The orders passed by the CIT and the Tribunal are impugned in this appeal While admitting this appeal, this Court has formulated the following question:Whether in the facts and circumstances of the case, the CIT having issu...
Pawan Kumar Sharma Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: May-07-2007
Reported in: RLW2007(3)Raj2475
Ashok Parihar, J.1. Respondents had been served long back in August, 2005, however, in spite of repeated opportunities been given, no reply has been filed on behalf of the respondents.2. The controversy in regard to medical reimbursement has been decided by this Court in number of writ petitions. The petitioner has been denied reimbursement on the ground that prior permission for surgery at Escorts Heart Institute has not been sought. Time and again the Courts have expressed anxiety in such matters where the heart patients require immediate care, attention and proper treatment. The technicalities and necessities of certain prior permission should always be ignored in such matters. The emergency sees no laws. The main concern of the patient at the particular moment is to save his live and not to wait for the necessary formalities to be done by the officials. In the present bureaucratic set up when no definite guidelines have been issued by the State Government in regard to taking immedi...
Kishan Singh Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: May-07-2007
Reported in: RLW2007(4)Raj3010
Panwar, J.1. By the instant writ petition under Article 226 of the Constitution of India, the petitioner seeks a direction to the respondents to pay him the salary and other allowances from the date of removing him from service i.e. 5-12- 2001 till the date of his reinstatement in service along with interest (a) 9% per annum.2. The facts and circumstances giving rise to the instant writ petition are that disciplinary proceedings under Rule 16 of the Rajasthan Civil Services (Classification, Control & Appeal) Rules, 1958 (for short, 'the CCA Rules' hereinafter) were initiated against the petitioner. The memorandum of charges along with Statement of Allegations were served on the petitioner and during contemplation of the disciplinary proceedings, he was placed under suspension from 31-1-2001 to 5-12-2001. After holding the inquiry and finding the charges proved, the penalty of removal from service was imposed and in pursuance thereof, the petitioner was removed from service vide order A...
Pioneer Publicity Corpn. Vs. State and ors.
Court: Rajasthan
Decided on: May-07-2007
Reported in: RLW2007(4)Raj3153
Mohammad Rafiq, J.1. All the aforesaid writ petitions filed by different advertising companies/agencies seek to a challenge similar notice issued to them by the Jaipur Municipal Corporation on similar grounds. They were therefore heard together and are being decided by this common judgment.2. Heard learned Counsel for the petitioners, learned Counsel for Municipal Corporation, Jaipur, State of Rajasthan and Union of India (Railways).3. Learned Counsel for the petitioners argued that the hoardings which were put up by them on private buildings under due permission/licence from the respondent-Municipal Corporation are being abruptly sought to be removed by issuing a general notice dated 26.4.2007 which in fact is a similar notice in respect to all the petitioners and all hoardings in Jaipur. In the notice, it is stated that such hoardings, most of which are situated in densely populated areas, are posing thereat to public safety and proving hazardous to the traffic. Notice therefore requ...
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