Rajasthan Court October 2008 Judgments
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Central Office Mewar Palace Org. Vs. Union of India (Uoi)
Court: Rajasthan
Decided on: Oct-13-2008
Reported in: 2008[12]STR545; (2009)21VST56(Raj)
N.P. Gupta, J.1. This appeal has been filed by the assessee seeking to challenge the impugned orders of the Tribunal, so also of the authorities below. The appeal was admitted vide order dated 14-2-2007, on the following substantial question of law:Whether in the facts and circumstances the claim to refund of service tax which has been paid in excess wrongly could have been refused?2. The necessary facts are, that the assessee voluntarily deposited certain amounts with the department, purportedly representing service tax on different services, which were charged by the assessee from its sister concerns/clients, for the period September 1999 to May 2000. Realising that those services were not chargeable to service tax, the assessee issued credit notes with respect to the entire amounts to its concerns/clients, and lodged a claim for refund on 24-11-2000, for a sum of Rs. 3,40,040/-, which was subsequently revised on 18-12-2000 to Rs. 3,36,980/-.3. The learned Assistant Commissioner issu...
Mohd. Faruk Bhati Vs. S.B.B.J. and ors.
Court: Rajasthan
Decided on: Oct-13-2008
Reported in: RLW2009(1)Raj810
Gopal Krishna Vyas, J.1. By way of filing the present writ petition, the petitioner has prayed for quashing the order dated 5.3.2004 (Annexure-4) and prayed that a direction may be issued to the respondents to provide appointment to the petitioner on compassionate ground from the date when the dependents of other deceased employees of the respondent Bank were provided appointment.2. Brief facts of the case are that the father of the petitioner late Abdul Aziz Bhati was working as clerk-cum-casher in State Bank of Bikaner & Jaipur. He expired on 1.5.2003 while in service due to heart failure. The petitioner has placed on record the death certificate as Annexure-1.3. Late Abdul Aziz left behind him his wife Shahida and three other children including the petitioner. After his death, it became very difficult for the family members of deceased to survive, therefore, an application was moved by the petitioner being elder son of deceased employee for providing appointment on compassionate gro...
Bheru Lal Vs. State of Rajasthan and anr.
Court: Rajasthan
Decided on: Oct-13-2008
Reported in: RLW2009(2)Raj1050
Mahesh Chandra Sharma, J.1. By filing instant criminal Misc. petition the complainant petitioner has challenged the order dated 8.3.2006 passed by Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Baran (for short 'the revisional Court') passed in Criminal Revision No. 5/2006 (82/2005) by which he set-aside the order of cognizance dated 8.12.2005 passed by Civil Judge (Jr. Div.) & Judicial Magistrate, Mangrol District Baran (for short 'trial Court') in Criminal Case No. 53/2005 and remanded the matter for hearing afresh.2. Brief facts of the case are that complainant petitioner filed a complaint before trial Court against the accused respondent to this effect that entered into the conspiracy with the officials of Government Primary School, Jetalhedi. He further stated that the accused respondent filed a false application before the District Collector and District Election Officer, Baran stating therein that the petitioner is having three children and his third child was born w...
Vishnu Kumar Vs. Sona Devi
Court: Rajasthan
Decided on: Oct-13-2008
Reported in: RLW2009(3)Raj2373
Mahesh Chandra Sharma, J.1. By filing instant criminal revision the petitioner has challenged the order dated 5.7.2008 passed by Judge, Family Court, Kota (for short the court below') passed in misc. case No. 1002/2003, by which the application filed by the petitioner under Section 125 Cr.P.C. for setting aside the ex-parte order dated 4.9.2003 passed by the Court below was dismissed.2. Brief facts of the case are that non-petitioner Sona Devi filed an application against the petitioner under Section 125 Cr.P.C. before the court below by which she sought maintenance amount to herself and her daughter Priyanka.3. Mr. G.D. Porwal, counsel for the petitioner made a short request to the Court that the court below be directed to pass an order, after hearing petitioner, on imposition of the cost, which this Court may deem just and proper.4. Mr. B.N. Sandhu, Public Prosecutor assisted by Mr. R.S. Sharma accepted the submissions of counsel appearing for the petitioner.5. In view of above, the ...
Commercial Taxes Officer Vs. Bhawani Exports and Bhawani Emporium
Court: Rajasthan
Decided on: Oct-13-2008
Reported in: (2009)26VST318(Raj)
ORDERDinesh Maheshwari, J.1. These two revision petitions have been preferred by the Revenue against the common order dated August 27, 1998 as passed by the Rajasthan Tax Board, Ajmer, whereby the Tax Board has dismissed its similar appeals preferred against the common order dated February 24, 1995 as passed by the Deputy Commissioner (Appeals), Jodhpur in the respective appeals preferred by the dealers. Having been preferred against the common order and involving a similar question, these revision petitions have been heard together; and are taken for disposal by this common order.2. The aspects relevant for determination of the question involved in the matter are that while making assessments for the financial year 1990-91 in respect of the non-petitioners dealers, the assessing authority observed that certain handicrafts items were purchased by the dealers for re-sale under form ST-17 but were sold for the purpose of exports under form ST-17B and, on the opinion that the purchase on ...
inderjeet Vs. State of Rajasthan and anr.
Court: Rajasthan
Decided on: Oct-13-2008
Reported in: RLW2009(3)Raj2391
Mahesh Chandra Sharma, J.1. By filing instant criminal misc. petition the accused petitioner has challenged the order dated 8.3.2006 passed by Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Baran (for short 'the revisional Court') passed in Criminal Revision No. 5/2006 (82/2005) by which he partly allowed the criminal revision and quashed and set-aside the order dated 8.12.2005 passed by Civil Judge (Jr. Div.) & Judicial Magistrate, Mangrol District Baran (for short 'trial Court') in Criminal Case No. 53/2005 and remanded the matter for hearing afresh.2. Brief facts of the case are that complainant 'non-petitioner filed a complaint before trial Court against the accused respondent to this effect that he entered into the conspiracy with the officials of Government Primary School, Jetalhedi. He further stated that the accused petitioner filed a false application before the District Collector and District Election Officer, Baran stating therein that the complainant-non-petitio...
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