Court : Rajasthan
Reported in : AIR1958Raj291
..... , therefore, only purported to be a recital of what happened in the past. it was not an instrument of gift.10. the definition of 'instrument' in section 2 clause (14) is a wide one but nevertheless in our opinion it did not cover the document under consideration. the ..... duty. the board of revenue, however, thought that the question was an important one and accordingly referred the case to this court under section 57 of the indian stamp act.6. we have heard learned counsel for seth hanuman prasad and the deputy government advocate. two questions arise in the present case :1. ..... were due in respect of the document.the tehsildar issued a notice to hanuman prasad for payment of rs. 30,620/- under section 40 of the indian stamp act. the latter replied that section 40 was not applicable and the tehsildar had no jurisdiction. the tehsildar forwarded the papers to the collector for guidance and the ..... for registration in tehsil bhilwara sometime ago. the inspector of registration who is in charge of a public office after scrutiny as contemplated under section 33 of the indian stamp act has held that the penalty of rs. 307620/- (thirty thousand six hundred and twenty) is recoverable from you because the document was ..... wasrealised.3. this document was executed on a stamp paper of the value of rs. 3/- and a registration fee of rs. 2/- was realised.4. on 2nd july, 1952 the registration inspector reported to the tehsildar bhilwara that the deed in question should have been executed on a stamp of rs. 3 .....
Tag this Judgment!Court : Rajasthan
Reported in : 1971WLN23
..... to the circumstances of the case including the nature of the character of the offender, it would not be desirable to deal with him under section 3 or section 4, and if the court passes any sentence of imprisonment on the offender, it shall record its reasons for doing so.(2) for the purposes ..... of satisfying itself whether it would not be desirable to deal under section 3 or section 4 with an offender referred to in sub-section (1), the court shall call for a report, if any and any other information available to it relating to the character ..... the case, including the nature of the offence and the character of the offenders, it is not desirable to deal with them under section 3 and 4 of the act. in para 6 of the judgment their lordships further observed that an ex-post facto law which only molifies the rigour of a criminal ..... and not imprisonment and not imprisonment for life. on these premises, it is argued that the case, of accused mangal singh is covered by section 6 of the act. learned counsel placed reliance on two decisions of the supreme court reported as ramji missar and anr. v. state of bihar : air1963sc1088 and rattan ..... section 335, voluntarily causes grievous hurt by means of any instrument for shooting, stabbing or cutting, or any instrument which, used as a weapon of offence, is likely to cause death, or by means of fire or any heated substance, or by means of any poison or any corrosive substance, or by means of any explosive .....
Tag this Judgment!Court : Rajasthan
Reported in : 1991ACJ890
..... the wife and the companionship, fellowship or togetherness of the husband and the wife alone is indicative of 'consortium'. under section 168 of the motor vehicles act, 1988 (section 110-b of the old act), the court is required to award just compensation. the factor of loss of company of a near and dear one ..... 1975 acj 9 (rajasthan).(2) bhagwanti devi v. ish kumar 1975 acj 56 (delhi).(3) municipal corporation of delhi v. shanti devi 1975 acj 508 (delhi).(4) delhi transport corporation v. pushpa chopra 1981 acj 203 (delhi).(5) mohinder kaur v. manphool singh 1981 acj 231 (delhi).(6) srisailam devastanam v. bhavani ..... the interest on it. but the rate of interest envisaged by the court should be 'interest rates appropriate to times of stable currency such as 4 per cent to 5 per cent'. regard should also be had to the fact that the interest may be taxed; only the net rate after ..... the corporation of contributory negligence to save itself from the compensation. the tribunal by adopting a multiplier of 23 awarded compensation at rs. 2,41,500/-.4. by increasing the multiplier to the figure of 28, the learned single judge raised compensation to rs. 3,09,000/-. this figure includes rs. 15 ..... near niros restaurant on mirza ismail road, jaipur in which girraj prasad agrawal, husband of respondent no. 1 and father of respondent nos. 2 to 4 died on account of rash and negligent driving of the driver of bus no. rrg 1957 belonging to the rajasthan state road transport corporation (hereinafter referred .....
Tag this Judgment!Court : Rajasthan
Reported in : (1994)IILLJ417Raj
..... to be noticed. this court as well as the supreme court have, time and again held that, in cases where an employee comes within the definition of the term 'workman' under section 2(s) of 1947 act, he cannot directly approach the high court for vindication of his rights in view of the fact that a more effective alternative remedy of getting relief ..... a particular amount of punishment, also largely depends on evidence which is produced by the parties before an adjudicating authority. the government while taking decision under section 12(5) read with section 10(1) of 1947 act discharges an administrative function, it cannot take upon itself the task of deciding the controversial and disputed questions of fact affecting merits of the case between ..... relevant provisions of law. in either case their actions or omissions have serious adverse impact on public interest. it is true that the power of the government under section 10 of 1947 act is administrative in nature but nevertheless this power has to be exercised with due application of mind and after an objective consideration of the material which conies to the ..... decision, as to whether a reference be made to the competent labour court/industrial tribunal for adjudication of the dispute relating to the termination of the services of the workmen.4. both these orders however show that the officers of the labour department of the government of rajasthan, who are entrusted with the duty of taking a decision regarding reference of .....
Tag this Judgment!Court : Rajasthan
Reported in : [1987]64STC146(Raj); 1986WLN(UC)347
..... of property in goods shall be deemed to have been made within the state if it fulfils the requirements of sub-section (2) of section 4 of the central sales tax act, 1956 (central act 74 of 1956). 7. this definition was amended by the amending act 18 of 1960 with effect from 1st april, 1960. by this amendment the words 'made within the state' along with ..... the words 'by one person to another' was omitted by this act.8. he has also invited my attention to the definition of 'sale ..... his finding that whether there is a common ownership of these units or not and such sale can be effected between two units without attracting the definition of 'sale' as defined under section 2(o) of the act of 1954.6. mr. maheshwari, learned counsel for the petitioners, has submitted that entry 54 of the seventh schedule, list ii, deals with the taxes ..... officer, navgaon v. timber and fuel corporation, tikamgarh air 1973 sc 2350. on the basis of these series of decisions of their lordships of the supreme court that the definition of 'sale' given in section 2(o) of the act of 1954 is ultra vires and it runs counter to the basic ingredient of sale. he further submits that by virtue of this .....
Tag this Judgment!Court : Rajasthan
Reported in : [1989]73STC138(Raj); 1988(2)WLN335
..... several other reported judgments. sri rajendra mehta, advocate, the learned counsel for laxman singh sampat singh, very fairly conceded that the definitions of 'sales tax law' and 'general sales tax law' as given in section 2(i) of the central act and the decision given by a division bench of this court in natwarlal v. state of rajasthan 1980 tax world 51, were ..... interest. revision petition no. 37/1979/ udaipur was filed by the assessee and it was allowed by the board of revenue, ajmer, on november 13, 1984 on the aforesaid grounds.4. a preliminary objection has been raised by the learned counsel for the assessee-non-petitioner, m/s. rajasthan mineral development syndicate, udaipur, that commercial taxes officer, sector b, udaipur, who ..... said penalty and interest could not be imposed under the aforesaid provisions of the rajasthan act as they did not exist in the rajasthan act when the central act came into force on january 5, 1957. thereafter, the commercial taxes officer, bhilwara, made an ..... rs. 13,597 under section 11-b of the rajasthan act read with section 9(2) of the central act by his order dated january 2, 1978. its appeal was dismissed by the learned deputy commissioner (appeals), commercial taxes, ajmer. the assessee filed revision no. 63/87/bhilwara before the board of revenue, ajmer and it was allowed on october 4, 1978, holding that the .....
Tag this Judgment!Court : Rajasthan
Reported in : [1995(70)FLR241]; (1995)IILLJ222Raj
..... on behalf of the employer that termination of service of the petitioner did not fall within the ambit of the term 'retrenchment' under section 2(oo) of the 1947 act. the labour court held that the work against which the workman had been engaged had been continuing and the corporation had not been ..... is entitled to have sundays and other holidays counted for the purpose of computation of 240 days service as envisaged in section 25b of the 1947 act.4. another argument of shri bhandari is that termination of the service of the workman does not fall within the ambit of ..... -478)(sc), and other subsequent cases. the effect of insertion of section 2(oo)(bb) is that now the termination of service which takes place by efflux of time or non-renewal of contract of employment are not covered by the definition of the term 'retrenchment'. an employee appointed for a fixed term ..... .5. after having given my thoughtful consideration to the submission of shri bhandari, i find myself unable to accept the same. section 2(oo) no doubt excludes from the definition of 'retrenchment' cases of termination of service by efflux of time and by non-renewal of contract of service. however, in ..... the case of termination of service in accordance with the conditions stipulated in the order of appointment is not excluded from the purview of section 2(oo) of the act. section 2( .....
Tag this Judgment!Court : Rajasthan
Reported in : [1996(74)FLR2459]; (1997)ILLJ817Raj
..... that only a permanent employee can be construed to be a workman. there is no room to think that a casual workman does not come within the scope of the definition of 'workman'. if jural relationship exists, it does not matter whether the employment is part-time or casual or part-time worker must be a regular worker. here in this ..... dispute that the provisions of section 25f of the act have not been complied with in the matter.the very fact that the service of the respondent-petitioner was engaged by the appellants goes to show that he was ..... from october 24, 1985 and his services continued till sometime in the year 1988, obviously, he has completed the service of 240 days and the provisions of section 25f of the industrial disputes act would be attracted, and the violation thereof would make the discontinuance of service of the respondent by the appellants as unlawful and cannot be sustained. there is no ..... as between servant and master. he is under obligation to work for fixed hours everyday, therefore, jural relationship of master and servant does exist between the appellant and the respondent.4. obviously, the respondent petitioner is employed by the appellants-non-petitioners to work and look after the garden of the corporation.5. in our opinion, part-time worker employed by .....
Tag this Judgment!Court : Rajasthan
Reported in : 2002(2)WLC456
..... , it cannot, but be concluded that the impugned order passed by the district magistrate is founded on existing material which is relevant for the formation of satisfaction required under sec. 3 of the act of 1980 before making the detention order. such order is not liable to be interfered with by way of judicial review in exercise of extraordinary jurisdiction.37. we ..... the basis of information reports received from intelligence agencies that the pakistan intelligence agencies are making all efforts through its agents in india for propping up terrorist activities; smuggling of explosives, illegal armaments, and false currency notes into indian territory and securing the information of defence importance. for this objective they are conniving with local anti-social elements and using them ..... the purpose for arriving at the subjective satisfaction. apart from the aforesaid grounds malafide can always be ground for judicial review of an order.24. it has been stated in (4) bhim sen v. state of punjab [air 1951 sc-481] and since then consistently followed. the court laid down firstly 'instances of past activities are relevant to be considered in ..... , but the same was turned down. this, according to the learned counsel for the petitioner, vitiates the detention order being violative of article 22(5) of the constitution of india.4. a reply has been submitted by the respondents on being called upon to do so to the writ petition. in this it has been clearly asserted by the respondents that .....
Tag this Judgment!Court : Rajasthan
Reported in : 1997(1)WLC275; 1996(1)WLN387
..... intends to make a distinction between allegation simplicitor and a fact. the. expression 'fact' has not been defined in criminal procedure code. it has been defined in evidence act in section 3. according to the definition given in section 3 the facts the expression 'fact' means and includes (1) anything, state of thing, or relation of things, capable of being perceived by the senses, ..... (ii) any mental condition of which any person is conscious. the definition of 'fact' as given in section 3 of evidence act shows that 'fact' is a material phenomenon, which is or was in existence and is or was capable of being perceived. this ..... consisting of the reasons given by the investigating officer in the final report and the statements of other witnesses recorded under section 151 of the criminal procedure code.3. the learned public prosecutor has supported the order of the magistrate.4. in order to appreciate the submissions made by the learned counsel for the petitioner it would be useful to take into ..... consideration the scheme of the criminal procedure code. the criminal procedure code makes a distinction between 'allegations' simplicitor' and 'fact or facts'. this distinction is indicated by the fact that, complaints has been defined in section 2(d) as .....
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