Court : Rajasthan
Reported in : [1993]200ITR434(Raj)
..... .b. sharma, j. 1. the rajasthan state electricity board (for short, 'the rseb'), the petitioner herein, has challenged the levy and imposition of additional tax under section 143(1a)(a) of the income-tax act, 1961 (for short, 'the act'), and the consequent issuance of intimation dated february 12, 1992, amended on february 28, 1992, and the demand of ..... and, after disallowing inadmissible expenditure, the aforesaid total loss was shown in the return filed as aforesaid. an intimation under section 143(1a)(a) of the income-tax act was issued to the rseb by the deputy commissioner of income tax (assessment), special range ii, jaipur, dated february 12, 1992, in which the additional tax ..... by the amount of adjustments.' 5. an analysis of the aforesaid extracted provisions of sub-sections (1) and (1a) of section 143 of the income-tax act will show that before the amount of tax payable under sub-section (1) is further increased by an additional income-tax calculated at the rate of twenty per .....
Tag this Judgment!Court : Rajasthan
Reported in : (1994)IILLJ600Raj; 1994(3)WLC240
..... 25. as already observed earlier, transfer of an employee by the employer is a normal incidence of service. even before coming into force of the industrial dispute (amendment) act, 1982, by which section 2(r- a), section 25t and fifth schedule were added along with some other provisions. the court has recognised protective right of ..... espousal of his cause by a union or by a substantial number of employees of the establishment. the parliament, therefore, amended the industrial disputes act by the industrial dispute (amendment) act, 1965. by this amendment, which became effective from december 1, 1965, section 2a came to be inserted. by virtue of the provisions contained in section 2a, ..... high court in madura mills ltd. v. guruvammal (1967-ii-llj-397), which have been approved. their lordships also approved views taken by mysore high court in nippani electricity company (p) ltd. v. bhimrao laxman patil (1969-i-llj-268), of kerala high court in nanu asan madhavan v. state of kerala (1970-i-llj .....
Tag this Judgment!Court : Rajasthan
Reported in : 2007ACJ213; 2007(4)ARBLR417(Raj); 2008(1)CTLJ97(Raj); RLW2007(4)Raj3232
..... is one of the fact or of law. furthermore, even if there is an error of construction of the agreement by the arbitrator, the same is not amendable to correction. lastly the reasonableness of an award is not a matter for the court to consider unless the award is preposterous or absurd. (ref. to m ..... /s. engineers syndicate v. state of bihar 2007 air scw 985, maharashtra state electricity board v. sterlite industries (india) : air2001sc2933 ; bharat coking coal ltd. v. l.k. ahuja : (2004)5scc109 ; rajasthan state electricity board v. gammon india ltd. 1998 dnj (raj) 680, indu engineering & textiles ltd. v. delhi ..... ble supreme court has observed as under (paras 27 & 23 of air):in the sphere of contractual relations the state, its instrumentality, public authorities or those whose acts bear insignia of public element, action to public duty or obligation are enjoined in a manner that is fair, just and equitable, after taking objectively all the .....
Tag this Judgment!Court : Rajasthan
Reported in : (1994)IILLJ770Raj
..... . thus, there appears to be a gap between the first part and the exclusion part. however, when such a gap is disclosed, the remedy lies in an amending act. the court has to interpret a statute and apply it to the facts.the wider literal meaning has since been adopted by the supreme court in sundara money and ..... the scope and implications of the provisions of sections 25g and 25h only, in cases which can be covered by section 25f. i have gone through the decision in english electric company of india ltd. v. industrial tribunal, madras and anr. (supra). the workmen employed in the company were casual employees. they were retrenched. the industrial tribunal declared ..... worked for 240 days, is not entitled to claim benefit of the provisions of section 25f, section 25g and section 25h of the act. shri arora placed reliance on the decisions of the kerala high court in english electric company of india ltd. v. industrial tribunal madras and anr. (1987-i-llj-141). the manager, state bank of indore, .....
Tag this Judgment!Court : Rajasthan
Reported in : [1987]67STC359(Raj)
..... in the course of inter-state trade ?3. during the pendency of this matter, the rajasthan sales tax act, 1954 was amended by the aforesaid amendment act of 1984 resulting in substitution of a new section 15 in the act under which the remedy of a revision has been substituted for a reference provided earlier. according to the transitory ..... provision contained in section 13 of the amendment act, the pending reference has been treated as a revision under the newly substituted section 15 of the principal act. this is how this revision comes up for decision.4. the material facts are these :the assessee, ..... 1976 sc 1016 fully support this conclusion on the facts of this case. the decisions in oh india ltd. v. superintendent of taxes [1975] 35 stc 445 (sc), english electric company of india ltd. v. deputy commercial tax officer [1976] 38 stc 475 (sc), state of bihar v. tata engineering & locomotive co. ltd. [1971] 27 .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2004(1)Raj608; 2004(1)WLC685
..... plaintiff-landlord pleaded that before and after filing of the suit the appellant-tenant let-out the suit shop to sh. ramesh gundali an employee in rajasthan state electricity board, jaipur, sh. kalyan an employee in law department, state of rajasthan and others persons.15. the learned trial judge cam to this conclusion that subletting ..... evidence the plaintiff-landlord failed to supplement the plaintiff-landlord that the tenant from time to time allowed a number of persons as sub-tenants and in amended plaint certain persons were named as sub-tenants but on evidence the plaintiff-landlord failed to prove subletting to any of them. on the oilier hand ..... the original landlord gifted the tenanted premises to his daughter, the transferee landlord. proviso 3 to section 11 (3) of kerala buildings (lease and rent control) act provided that no landlord whose right to recover possession arises under an instrument of transfer inter vivos shall be entitled to apply to be put in possession until the .....
Tag this Judgment!Court : Rajasthan
Reported in : 1995(1)WLC48; 1994(2)WLN74
..... samiti v. ashok singhal and ors. (1991 (suppl. 2 scc 419), union of india v. sher singh and ors. (1993) scc 608 and bihar state electricity board v. state of bihar and ors. (civil) appeal nos. 1577 - 1600/94 1577 - 1600/94 dt. 21 2.1994. in union of india ..... is that against the order passed by learned civil judge, on an application of reference, only one appeal under section 54 of the act is provided to this court. the appeal filed by the appellant against the order of learned civil judge, jodhpur, has already been dismissed ..... -respondents no. 4 and 5 filed caveat and challenged the maintainability of the special appeal on the ground that section 54 of the act provides only one appeal to this court and as such the special appeal submitted by the appellant is not maintainable. this court vide ..... state of rajasthan and transpose it as an appellant in appeal. the appellant is directed to file amended cause title within 15 days. the appeal be listed before the regular bench for decision on merits. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR2007Raj58; 2006(4)WLC575
..... subsidy was sanctioned to the tune of rs. 17, 82,070/-.3. it is not disputed that the factory was not in operation on account of electric disconnection and same was restored on 30-1-1997. since the subsidy amount is not disbursed, the petitioner requested through several letters to release the amount of ..... the industrial unit availing of subsidy under this scheme will follow and maintain any other condition laid down by this scheme or by procedure instructions, clarifications or amendments issued under this scheme.8. after referring clause 14 of the scheme, the petitioner further submitted that the controlling words in clause 14 are that breach ..... of loan amount and interest amount. therefore, the respondent riico moved before the collector to recover the amount under the rajasthan public demands recovery act, 1952 (for short, the act of 1952) and the additional collector issued a notice dated 27-11-2002 informing the petitioner-company that a certificate against the petitioner-company for .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2008(2)Raj1429
..... trial court.the learned counsel for the appellants does not dispute the factual aspect of the matter that the deceased mangi lal died on 17.3.2000 due to electric-shock, and present suit for compensation was filed by the appellants in the trial court on 24.2.2004 i.e. after a delay of about three-year ..... shri jai prakash gupta, the learned counsel for the appellants, is that the present matter is for compensation for the death of mangi lal, who died due to electric-shock and the trial court rejected the suit on the ground of limitation, which is not proper and justified in the eyes of law. he contended that earlier there ..... present case for the simple reason that earlier there was a specific period of limitation prescribed even under the provisions of the motor vehicles act, 1988, but subsequently the parliament amended the provisions of the motor vehicles act, 1988 and deleted the provision relating to the period of limitation for filing the application for compensation.11. so far as the .....
Tag this Judgment!Court : Rajasthan
Reported in : 2008ACJ310
..... present case for the simple reason that earlier there was a specific period of limitation prescribed even under the provisions of the motor vehicles act, 1988, but subsequently parliament amended the provisions of the motor vehicles act, 1988 and deleted the provision relating to the period of limitation for filing the application for compensation.14. so far as the application ..... .10. the learned counsel for the appellants does not dispute the factual aspect of the matter that the deceased mangi lal died on 17.3.2000 due to electric shock and present suit for compensation was filed by the appellants in the trial court on 24.2.2004, i.e., after a delay of about three years ..... mr. jai prakash gupta, the learned counsel for the appellants, is that the present matter is for compensation for the death of mangi lal, who died due to electric shock and the trial court rejected the suit on the ground of limitation, which is not proper and justified in the eyes of law. he contended that earlier there .....
Tag this Judgment!