Court : Rajasthan
Prakash Tatia, J.1. In D.B. Civil Writ Petition No. 236/1984, following question has been referred to the Larger Bench by the order dated 16.12.2005 passed by the Division Bench of this Court headed by the then Hon'ble Chief Justice and one of us (Hon'ble Mr. Justice Prakash Tatia):Whether Hindustan Zinc Limited is 'State' or 'any other authority' within the meaning of Article 12 of the Constitution of India ?2. The facts of the case of D.B. Civil Writ Petition No. 236/1984 are that the petitioner, an employee of the respondent-Company, appointed in the year 1968, faced disciplinary proceedings wherein order of termination of his service was passed on 23.12.1983 (Annex.31) which was challenged by the petitioner by preferring S.B. Writ Petition No. 236/1984 before the single bench of this Court on 11.1.1984. According to the petitioner, the respondent Hindustan Zinc Limited, a company registered under the Companies Act, 1956, is Government of India Enterprise and is an instrumentality o...
Tag this Judgment!Court : Rajasthan
Reported in : [1987]64STC146(Raj); 1986WLN(UC)347
ORDERA.K. Mathur, J.1. In all these writ petitions a common question of law is involved, therefore they are disposed of by a common order.2. For the convenience of disposal of these writ petitions, facts of S.B. Civil Writ Petition No. 402 of 1985 : Rajasthan Spinning and Weaving Mills Ltd. (Unit Bhilwara) v. Commercial Taxes Officer, Special Circle, Udaipur and Anr. are taken into consideration.3. The petitioner-company by this writ petition has challenged that definition of 'sale' as contained in Section 2(o) of the Rajasthan Sales Tax Act, 1954 (hereinafter referred to as the Act of 1954), may be declared as ultra vires and invalid. It has also prayed that Section 3(2)(a) of the Rajasthan Sales Tax (Amendment) Act, 1960 may also be declared ultra vires and may be struck down, being violative of Articles 19(1)(g), 301 and 304 of the Constitution.4. The petitioner, M/s. Rajasthan Spinning and Weaving Mills Ltd., is a public limited company and owns two textile units, (i) one at Gulabp...
Tag this Judgment!Court : Rajasthan
Reported in : 1994(1)WLC554; 1994(1)WLN652
N.L. Tibrewal, J.1. The above mentioned writ petitions and other similar petitions mentioned in Schedule 'A' annexed herewith are disposed of by a common order, as they are identical and common questions have been raised, which relate to imposition of lax on the transfer of property in goods involved in execution of a works contract. More precisely, the grievance of the petitioners is that in view of the decision of the apex Court of the country in M/s Gannon Dunkerley & Co. and Ors. v. State of Rajasthan and Ors. (1983) 1 SCC 364 : (1993) 88 STC 204, whereby Section 5(3) of the Rajasthan Sales Tax Act, 1954 (hereinafter referred to as 'the RST Act' or 'the Act') and Rule 29(2)(i) of the Rajasthan Sales Tax Rules, 1955 (hereinafter referred to as 'the Rules') were declared unconstitutional and void, no tax is leviable in the State of Rajasthan on the goods and materials used in a works-contract, but still the same is being charged by the Commercial Taxes Department and the awarders of ...
Tag this Judgment!Court : Rajasthan
Reported in : AIR1977Raj6
ORDERD.P. Gupta, J.1. These five writ petitions can be conveniently disposed of by a common order as common questions of law arise for determination in these cases.2. The challenge in all these writ petitions is with regard to the reciprocal agreement arrived at under Sub-sections (3-A) and (3-B) of Section 63 of the Motor Vehicles Act (hereinafter referred to as 'the Act'), between the States of Rajasthan and Madhya Pradesh on April 3, 1975. The petitioner in writ petition No. 1028 of 1975, Mohammed Shafi is an existing operator of Chittorgarh-Begun Singoli Bhensrodgarh route, while the petitioner Bapulal in writ petition No. 1081 of 1975 is an existing operator of Chittorgarh-Begun-Singoli route. Bashir Ahmed, who is the petitioner in writ petitions Nos. 1041, 1077 and 1233 of 1975 is also an existing operator of Chit-torgarh-Bhensrodgarh via Begun and Singoli route. The route from Chittorgarh to Bhensrodgarh via Bebun and Singoli is an inter-Statal route, 140 Kilometers long, out of...
Tag this Judgment!Court : Rajasthan
Reported in : AIR1954Raj10
Sharma, J. 1. This is an application by Lalchand who is being prosecuted in the Court of the First Assistant City Magistrate, Jaipur, for an offence under Section 6 read with Section 8, Jaipur Essential Supplies (Temporary Powers) Act of 1947, hereinafter to be referred to as the Jaipur Act, on the allegation that he exported certain iron girders from Jaipur West Railway Station to Pokaran in Marwar on 5-4-1949 in contravention of Section 5 (a) of the Iron and Steel Control (Production and Distribution) Order of 1947, hereinafter to be referred to as the Jaipur Order. One Nanulal was also challaned along with him but he was discharged by the learned Magistrate. Lalchand has come in revision tothis Court and the following two points are raised on his behalf: 1. that the Jaipur Act was repealed on the 20th July 1949 by the Rajasthan Essential Supplies (Temporary Powers) Ordinance, 1949, hereinafter to be referred to as the Rajasthan Ordinance, which was published in the Rajasthan Gazette...
Tag this Judgment!Court : Rajasthan
Reported in : AIR1953Raj12
ORDERRanawat, J. 1. The Sessions Judge, Jaipur, has made this reference under Section 438 Cr.P.C. recommending that the order of the Special Magistrate, dated 18-8-50, by which he held that the accused can be tried for an offence under Section 161, I.P.C., even though he was not extradited for that offence, be set aside, 2. The accused Dr. Ram Babu Saksena belonged to U.P. and was a member of the U.P. Civil Service. He was appointed the Administrator of the then Tonk State on the 21st January 1948, but upon recognition by the Ministry of States, Government of India, of Nawab Ismail Ali Khan, hereinafter referred to as the Nawab, as the Ruler of the Tonk State, he was appointed the Prime Minister and Vice-President of the Tonk State Council on the 14th of February 1948. 3. The case of the prosecution is that the Nawab desired to take an amount of Rs. 13,00,000/- from the State Treasury of the Tonk State for his personal expenditure and requested the accused to assist him in obtaining th...
Tag this Judgment!Court : Rajasthan
Reported in : AIR1967Raj24
Modi, J.1. The judgment and decree of the learned District Judge, Bikaner, dated the 11th of September, 1957 are being assailed before us both by the plaintiff and the defendant by their respective appeals Nos. 6 of 1958 and 15 of 1958. By this judgment the learned District Judge partly decreed the plaintiff's suit for a sum of Rs. 4,340 as price of his two plots of land taken over by the covenanting State of Bikaner; Rs. 1,000 as damages for his mental worries and Rs. 500 for incidental expenses; the total amounting to Rs. 5,840 against the defendant State, the suit having been dismissed against the other defendant, namely, the Union of India.2. The facts leading upto this appeal, in so far as they are admitted between the parties or have been held to be proved satisfactorily, may be briefly set out as follows :3. The plaintiff was the owner of the two plots of land in dispute situate on the Gajner road near the Orphanage in the city of Bikaner having purchased the same from the said ...
Tag this Judgment!Court : Rajasthan
Reported in : 1973(6)WLN906
M.L. Joshi, J.1. By these seven writ petitions under Article 226 of the Constitution of India, the validity of the various draft schemes for nationlisation of Motor Transport Service under Section 68C of the Moter Vehicles Act (hereinafter called the M.V Act) has been challenged by the operators of the affected routes on various grounds, I had issued a notice to the respondents to show cause why the petitions be not admitted and in answer to that, Dr. L.M. Singhvi, learned Advocate General, Mr. M D. Purohit, learned Deputy Government Advocate and Mr. R.N. Munshi, appeared for the respondents.2. Civil Writ Petition Nos. 881 of 1973 (S. Kripalsingh v. State of Rajasthan) and 1447 of 1973 (Messrs Gram Transport Service v. State of Rajasthan) pertain to the draft scheme relating to Jaipur Pilani route; Civil Writ Petitions Nos 825 of 1973 (Messrs Green Bus Service Private Limited v. State of Rajasthan) and 1448 of 1973 (Rajasthan Transport Corporation v. State of Rajasthan) relate to the p...
Tag this Judgment!Court : Rajasthan
Reported in : 1983WLN338
D.L. Mehta, J.1. A common question is involved in both the writ petitions so it will be convenient to dispose them of by a single order.2. This writ petition is directed against the order passed by the Collector and District Magistrate, Jodhpur dated 2-3-1983 vide Ex. 3. The Collector has directed that exhibition of video cassette is against the provision of Cinema Regulation Act. He has further directed that the exhibition should be stopped within 24 hours.3. Petitioner's submission is that he is running a restaurant having a capacity of 90 persons at a time and in the Restaurant soft drinks, snacks and South Indian dishes are served to the customers. The customer is not supposed to take away the material supplied by us out side the Hotel. They also provide certain things for the entertainment and comfort of the customers and the amount that is being realized by them is virtually the service charges. Their further submission is that the petitioner displays videocassette recorder and d...
Tag this Judgment!Court : Rajasthan
Reported in : 1994(1)WLN496
Rajesh Balia, J.1. The petitioner is a public limited company and is a manufacturer of Cement in its Factory at Chittorgarh.2. As a part of its business activity for transportation of lime stone from the pit heads of mine to the crushers, the petitioner placed six orders for supply of six HM 1035 type dumpers to the Hindusthan Motors Limited, Tiruvulur, Tamil Nadu. The dumpers known as rear dump trucks were sold to the petitioner fitted with E-3 tyres, 2.3 CUN body extension and front suspension on cylinder as is apparent from Annexure/5, the invoice. For the purpose of transportation from the place of despatch viz. Menallathur to Chiltorgarh body and tyres were dismantled and sent separately that is apparent from despatch challan Annexure/4. The ease of the petitioner further is that out of the said six dumpers, three dumpers were cleared in the last week of July, 1993 by the Ratanpur check Post of the Commercial Taxes Department without demanding any entry tax. Two dumpers were detai...
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