Rajasthan Court January 2008 Judgments
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H.H. Rajdadiji Smt. Badan Kanwar Medical Trust Vs. Commissioner of Inc ...
Court: Rajasthan
Decided on: Jan-16-2008
Reported in: (2008)214CTR(Raj)621
1. All these four appeals involve common question, as to whether the Tribunal was right in holding that the hospital and the trust in question are two different and separate taxable entities, and as to whether in the facts and circumstances of the case, running of the hospital for charitable purposes, is the only activity undertaken by the trust and is, therefore, entitled for exemption in respect of its income arising out of the activities of running the hospital under Section 10(22A) of the IT Act, 1961; hereinafter referred to as 'the Act'?2. The learned Tribunal has found that the exemption is available under Section 10(22A) of the Act only, and has held that the assessee is entitled to exemption in respect of income, which is received from the hospital activity, as the hospital has been found, during the relevant period in all the four appeals, to be run for philanthropic purposes, and not for the purposes of profit. The contention of the learned Counsel for the appellant is, that...
Divisional Personnel Officer Vs. Megh Singh and anr.
Court: Rajasthan
Decided on: Jan-16-2008
Reported in: [2008(117)FLR888]; RLW2008(2)Raj1381
Gopal Krishan Vyas, J.1. By way of filing the present writ petition, the Divisional Personnel Officer, Northern Railway, Bikaner has challenged the order dated 23.9.1995 passed by Judge, Labour Court, Bikaner whereby the Judge, Labour Court, Bikaner has passed the order of payment of Rs. 4615.50 paisa within a period of two months failing which it was ordered that respondent workman will be entitled for interest @ 10% p.a. on the aforesaid amount.2. The aforesaid order impugned has been passed by Judge, Labour Court, Bikaner upon the application filed by the respondent workman under Section 33C(2) of the Industrial Dispute Act, 1947 (hereinafter 'the Act' only).3. According to the brief facts of the case, an application was filed by the respondent No. 1 under Section 33C(2) of the Act for computation of Rs. 4615.50 paisa before the Judge, Labour Court, Bikaner and in the claim petition submitted before the Judge, Labour Court, Bikaner it was stated that from 10.5.70 to 30.9.76, he work...
Minerals (the) and Metal Trading Corporation of India and ors. Vs. Aga ...
Court: Rajasthan
Decided on: Jan-16-2008
Reported in: RLW2008(2)Raj1598
Shiv Kumar Sharma, J.1. The appellant Minerals and Metal Trading Corporation of India Limited (in short 'MMTC') and its officers filed the present appeal challenging the order of learned Single Judge dated November 30, 1993 whereby the appellants were directed to refund Rs. One lac and fifty thousand with interest @ 17.5% p.a. with effect from May 24, 1984 relating to sale note dated ECI/22 and further delivering 7 MT ' of aluminium ingots to the respondent company at the prevailing rate as on May 8, 1984.2. The controversy in the present matter is with regard to supply of 50 MT imported aluminium to the respondent M/s. Agarwal General Engineering Work Ltd. (in short the 'respondent company'). The respondent company is engaged in the manufacture of conductors required by the Electricity Board. The aluminium ingots used in manufacture of the conductors were to be supplied by the appellant. Admittedly the MMTC appellant was required to supply aluminium in accordance with the allotment or...
Dharmendra Singh and anr. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jan-16-2008
Reported in: RLW2008(3)Raj2124
Shiv Kumar Sharma, J.1. Two nephews of Babu (deceased) viz. Dharmendra Singh and Nepal Singh, appellants herein, were put to trial before learned Additional Sessions Judge (Fast Track) No. 1, Bharatpur on the allegation of committing murder of Babu. Learned Judge vide judgment dated April 18, 2003 convicted and sentenced them under Section 302 IPC to suffer imprisonment for life and fine of Rs. 1000/-, in default to further suffer simple imprisonment for one month.2. Brief facts necessary of this appeal are as follows:Siya Ram had four sons namely Chet Ram, Babu, Biri Singh and Balbir. Since whereabouts of Biri Singh were not known for the last 20 years, agricultural land belonging to Siya Ram was divided in three parts and Chet Ram, Babu and Balbir each had a share of 13 bighas of land. Babu remained unmarried throughout. Chet Ram and Balbir had three and four sons respectively. About six years back Babu adopted Chet Ram's son Rajendra Singh, who used to plough 13 bighas of land of Ba...
The New India Assurance Co. Ltd. Vs. Smt. Dharma and ors.
Court: Rajasthan
Decided on: Jan-16-2008
Reported in: 2008(2)WLN212
Manak Mohta, J.1. This Misc. Appeal has been preferred by the appellant against the order of interim Award dt. 14.02.2007 passed by the learned Judge, Motor Accident Claims Tribunal, Hanumangarh, whereby the learned Tribunal has directed the appellant to deposit the amount of interim compensation to the tune of Rs. 50,000/-.2. Brief facts of the case are stated like that on 16.03.2006, Manoharlal and Parmeshwar were going to Raipur from Chak 7 MZW Dablikala on TVS Victor Motor Cycle No. RJ 30-3M/0035. At that time, Manoharlal was driving the Motor Cycle. When they reached on the road of Sardarshahar at about 6.00 AM, then, they saw a jeet No. RJ 21-C/0660 coming towards them. The jeep was being driven by Lalchand (driver) rashly and negligently at high speed. The jeep hit the motor cycle, by which, Manoharlal fell down on the road and sustained grievous injuries on his person. He was shifted to hospital, where he was declared dead by the doctor. An FIR No. 27/2006 was registered on the...
Hodal Singh and Kashi Ram Bhadu Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jan-15-2008
Reported in: RLW2008(2)Raj1308
Govind Mathur, J.1. By the judgment impugned dated 25.11.2003, learned Sessions Judge/Special Judge, (Prevention of Corruption Act Cases), Jodhpur, for the offences punishable under Sections 7 and 13(1)(d)(ii) of the Prevention of Corruption Act, 1988 (hereinafter referred to as 'the Act of 1988'), convicted appellant Kashi Ram and sentenced him as follows:-------------------------------------------------------Offence Sentenced to Fine In default toUnder Sectiion Undergo pay fine-------------------------------------------------------7 P.C. Act 5 yrs. R.I. 25,000/- 6 months S.I.13(1)(d) 5 Yrs. R.I. 25,000/- 6 months S.I.(ii) P.C.Act-------------------------------------------------------By the same judgment appellant Hodal Singh too was convicted for the offence punishable under Section 12 of the Act of 1988 and was sentenced to undergo five years rigorous imprisonment with fine of Rs. 25,000/-and in default to further undergo six months simple imprisonment, hence these appeals under Sec...
Rajasthan Rajya Vidhyut Karamchari Federation Vs. Jodhpur Vidhyut Vitr ...
Court: Rajasthan
Decided on: Jan-15-2008
Reported in: RLW2008(2)Raj1253
Gopal Krishna Vyas, J.1. This writ petition has been filed by a registered trade union representing majority of the employees of the erstwhile Rajasthan State Electricity Board. By order dated 9.4.2002, this Court allowed application filed by learned Counsel for the respondents for substitution of the respondents in the presence of learned Counsel for the petitioner Mr. Vinay Jain. The amended cause-title is placed on record. Hence, now the present writ petition is directed against respondent Jodhpur Vidhyut Vitran Nigam Ltd., Jodhpur (for short, to be called 'the Nigam' hereinafter) and its Secretary. For the purposes of filing this writ petition the Organising Secretary and Vice President are authorised to file the writ petition to safeguard, protect and advance the cause(s) of the Class IV employees of the Nigam in the matter of grant of selection-grade.2. It is disclosed in the writ petition that in terms of Section 10B of the Industrial Disputes Act, 1947, by mutual consent betwee...
Surjeet Singh and anr. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jan-15-2008
Reported in: RLW2008(2)Raj1554
Shiv Kumar Sharma, J.1. Three persons lost their lives and seven sustained injuries in an incident occurred on March 10, 2001 in village Tidhariya Police Station Todabhim. Surjeet Singh, Suresh Singh and Deshraj, appellants herein, along with fourteen co-accused, were put to trial before learned Additional Sessions Judge (Fast Track) Hindaun City District Karauli. Learned Judge vide judgment dated January 31, 2007 while acquitting co-accused persons, convicted and sentenced the appellants as under:Under Section 148 IPC:Each to suffer rigorous imprisonment for two years and fine of Rs. 200/-. in default to further suffer imprisonment for one month.Deshraj Under Section 302 and Suresh & SurjeetUnder Section 302/149 IPC:Each to suffer imprisonment for life and fine of Rs. 2000/-, in default to further suffer imprisonment for six months.Under Section 307 IPC:Each to suffer rigorous imprisonment for seven years and fine of Rs. 1000/-, in default to further suffer imprisonment for three mont...
The Managing Committee Vs. Smt. Vimal Jangu and ors.
Court: Rajasthan
Decided on: Jan-15-2008
Reported in: 2008(2)WLN437
N.P. Gupta, J.1. Heard learned Counsel for the parties.2. This appeal has been filed against the order of the learned Single Judge dt. 20.02.2002, dismissing the writ petition.3. The writ petition was filed to challenge the order of the Rajasthan Non-Government Educational Institutions Tribunal, Jaipur dt. 27.10.2001, whereby, the appeal of the private respondent was allowed and the order/ notice of termination dt. 07.11.2000 was held to be illegal and void and was quashed.4. For the present purpose, it would suffice to say that the workman was appointed on 20.08.1986 and, after due selection, she was appointed on probation. The employment was continued and it appears that the appellant took a stand that since the strength of students is reducing, there is no need of existing number of teachers and, therefore, it was decided that from the academic session 2000-01, post graduate classes shall be closed and the final year of M.A. shall be closed for the academic session 2002-03 and, acco...
Amba Lal Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Jan-14-2008
Reported in: RLW2008(2)Raj1841
Gopal Krishan Vyas, J.1. By way of filing present writ petition, the petitioner has prayed that respondents may be directed to give appointment to the petitioner on the post of Teacher Gr. III in Barmer District with effect from the date of filing the present writ petition with all consequential benefits. It is also prayed that the fixation of period of select list upto 31.3.1996 is illegal and the select list so prepared would have to be operated till the same is exhausted or at least new select list is prepared and the vacancies which become available during such period are required to be filled up from the select list so prepared. In the alternative, it is prayed that the respondents may be directed to extend the period of select list by the period equivalent to the period from 18.7.1995 to 20.11.1995 and consider the case of the petitioner for appointment on the post of Teacher Grade-III.2. The facts inter alia stated in the writ petition are that the name of the petitioner was spo...
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