Court : Rajasthan
Decided on : Nov-02-2001
Reported in : 2002(1)WLN642
..... rules prescribed for appointment he has given appointment to one of his close relative i.e. sister's son. by doing this he encouraged nepotism. this act of the delinquent reflected his nepotism character.30. the third charge against the delinquent was that without advertising the vacancy the proceedings for appointment were completed in ..... one day. this was done to favour his close relative and thus, the delinquent acted in an improper manner and encouraged nepotism.31. in relation to the aforesaid charges the stand of the delinquent-petitioner has been that basant kumar was ..... made immediately and he has sought the permission from his immediate superior to make such appointment. since the rules had not laid any guidelines, the petitioner acted in consonance with the practice prevailing in the respondent court and, thus, no misconduct has been committed by him.43. the enquiry authority has found that .....
Tag this Judgment!Court : Rajasthan
Decided on : May-10-2001
Reported in : 2002(1)WLC216; 2007(3)WLN373
..... having more than two children is disqualified to be member of any panchayati raj institution. the respondent no.3, on being served with the notice under section 39 of the act, had in the first instance moved this court by way of a writ petition no. 1087/2001 challenging the validity of the said enquiry. his contention ..... authority investigating into the disqualification of the holder of an office of any panchayati raj institution and on finding that any person suffers from any disqualification under section 19 of the act of 1994, he is required to declare the office to be vacant.3. learned counsel for the respondent no.3 joins issue on that ground. ..... - a panchayati raj institution, challenging the order dated 7.4.2001 (annex.5) passed by state govt. in purported exercise of its power under section 97 of the rajasthan panchayati raj act, 1994 directing stay of the operation of order passed by divisional commissioner, bikaner on 21st march, 2001 declaring the respondent no.3, the sarpanch of .....
Tag this Judgment!Court : Rajasthan
Decided on : Feb-12-2001
Reported in : 2001(2)WLC453; 2001(2)WLN336
ORDERShethna, J.(1). Notice to the respondents. (2). Mr. V.K. Mathur, who appeared before the CAT and who is also standing counsel for the respondents, is directed to accept notice.(3). At the request of learned counsel Mr. Kaushik, this matter is beard and disposed of finally.(4). By now, law is very well settled by umpteen number of judgments of the Hon'ble Supreme Court regarding the doctrine of legitimate expeclation. The person who joins the service will definitely expect himself to be confirmed after the period of probation is over, if nothing wrong is found against him during the period of probalion.(5). In the instant case, the petitioner/original applicant was appointed on the post of Wash Boy on probation for a period of 2 years way pack on 12.4.89. Similarly, one Devdas was appointed on the post of Wash Boy on probation for a period of 2 years way back on 2.9.3.89. Their services were terminated by an order dated 2.6.95 with effect from 31.5.95. Both of them filed separate o...
Tag this Judgment!Court : Rajasthan
Decided on : Aug-24-2001
Reported in : 2002(3)WLN105; 2002(3)WLN105
..... , and prosecution branch and the fire branch have specific task relating to their branch i.e. prosecution of the cases launched by rpf under the rp (up) act and the rules whereby the fire branch was entrusted the task of manning and maintaining mobile and static fire stations to combat fire hazards on the railways. they have ..... act and in exercise of (he powers conferred under section 21 of the act, the central government had made rules which came into force w.e.f. 3.12.1987 ..... post the surplus staff in any of the branch.6. it shall be worthwhile to narrate the scheme of the act. parliament had enacted the railway protection act, 1957 with a view to provide for the constitution and regulation of an armed force. section 21 of the act empowers the central government to make rules interalia; for the purpose of said .....
Tag this Judgment!Court : Rajasthan
Decided on : Nov-29-2001
Reported in : (2002)74TTJ(NULL)26
..... same is a sort of confirmation/declaration of the contract already concluded. he has, in this regard, referred to residuary clause of section 2(47)(vi) of the income tax act and emphasised on the words 'or any other manner'. he has relied on his written submission and has specifically referred to para 34 ..... , therefore, follow our decision rendered above on similar ground and accordingly find no fault with the learned deputy commissioner (appeals)s direction in allowing standard deduction under section 16(i) out of assessees salary/remuneration from the company. we, therefore, decline to interfere with the same.27. ground no. 2 disputes the deletion of ..... employee/servant of company. that being the situation the assessee is found to be entitled to deduction under section 16(i) of the act. as such the impugned order of learned commissioner (appeals) in allowing standard deduction under section 16(i) to the assessee out of the remuneration salary is quite justified and suffers from no infirmity .....
Tag this Judgment!Court : Rajasthan
Decided on : May-03-2001
Reported in : AIR2001Raj331; 2001(4)WLN6
..... before the deputy registrar (11). it was also pleaded that sixth respondent bank of rajasthan instituted fir no. 18/2000 on january 14, 2000 against the defendants under sections 406, 420 and 421 of the indian penal code. these averments have been supported by the affidavits of harish chand bader. the affidavit have not been countered by ..... affidavit of property dealer ashok joshi is not required and i do not agree with the observations of the learned court below. the learned judge ought to have acted upon the uncontroverted affidavits of harish chand bader.11. full bench of delhi high court in chanddu lal v. municipal corporation of delhi (1), indicated that a ..... of his property and that the disposal is with the intention of obstructing or delaying the decree that may be passed against him. as the court must act with me utmost circumspection before issuing the order under this rule, the affidavit filed in support of the application therefore must disclose the malafide intention and conduct .....
Tag this Judgment!Court : Rajasthan
Decided on : Mar-07-2001
Reported in : 2001(2)WLC724; 2001(2)WLN226
..... from the responsibility to pay any trade tax that may be levied under the u.p. trade tax act, 1948 as amended from time to time in performance of this contract.' section 8-d of the u.p. sales tax act, 1948, provides for deduction of tax from the amount payable to works contractors. thus, under the terms ..... gujarat vs. meghji pethraj shah charitable trust (11).(10). the apex court in m/s dwarka dass marfatia vs. board of trustees (supra), held that where the act of statutory authority is arbitrary or malafide or not justified by public interest, the writ will be maintainable even in contractual matters. this principle has been elaborated in the ..... 2% royalty compulsorily at source have not defended the impugned notification on the ground that they have nothing to do with the said notification and they are simply acting as a 'collecting agency'. the state has chosen not to defend the writ petitions and appeals seriously. inspite of opportunities given, neither effective reply has been submitted .....
Tag this Judgment!Court : Rajasthan
Decided on : Apr-24-2001
Reported in : [2001]252ITR785(Raj)
..... consideration of this court in this case. 3. the facts leading to this appeal are that substantial additions were made by the assessing officer under section 40a(2) of the income-tax act, 1961 (for short 'the act of 1961'), by holding that the assessee has paid excessive purchase price to the sellers on purchases made by it from its sister concerns or ..... rate and the size of the wire was practically the same, the difference so paid was subjected to the provisions of section 40a(2) and the excess amount of expenses estimated at rs. 13,330 were sustained as additions under section 40a(2). 5. these findings of the commissioner of income-tax (appeals) were affirmed by the tribunal vide order under appeal .....
Tag this Judgment!Court : Rajasthan
Decided on : Sep-04-2001
Reported in : 2002(1)WLC48; 2003(1)WLN93
..... was also one such schemes made by the uti under section 21(1) of the act. the period of scheme was between sixteen to twenty years. by the impugned action what has been done by the board is to reduce the period of ..... was announced by the uti. the maturity period of scheme ranged from sixteen years to twenty years. it was made under section 21 of the act coupled with the provision for amendment of the scheme under section 21(3) of the act. the scheme was duty gazetted on 17.4.1993. copy of the scheme was available to all potential investors from ..... ). the board makes, from time to time, various schemes for issuing units and for investment by the public. the schemes are made under section 21(1) of the act. the corpus of the scheme in turn is invested in debts, equities and/or other securities as per investment objectives of the respective schemes. rajlakshmi unit scheme 1992 .....
Tag this Judgment!Court : Rajasthan
Decided on : Oct-16-2001
Reported in : 2001(3)WLC781; 2000WLC(Raj)UC83
..... could not give any explanation as to how he came into possession of the gold and silver ornaments of the deceased. thus presumption under illustration (a) of section 114 of evidence act could be drawn that it was the appellant who committed murder and robbery. 14. as also noticed earlier, blood stained chaku (knife), baniyan, tehmad (lungi) ..... robbery are proved to have been the integral parts of the one and the same transaction and therefore the presumption arising under illustration (a) of section 114 of the evidence act is that not only the appellant committed the murder of the deceased but also committed robbery of her gold ornaments which from part of the same ..... . dead body of sushila was subjected to autopsy. the appellant was arrested on september 15, 1993, on the basis of information supplied by him under section 27 of the evidence act sho mal singh pw. 16 recovered silver anklets, one gold nose ring and four gold earrings from the house of the appellant. knife allegedly used in .....
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