Court : Rajasthan
Decided on : Jul-13-2001
Reported in : 2002(2)WLC479; 2002(5)WLN372
..... citizens and their representatives; physical disability or health problem; any disciplinary action; measures for improvement; abilities, knowledge, experience and aptitute recommendation of training and development required; attitude towards the weaker section of society and performance; overall assessment; assessment of integrity; remarks of the reviewing officer/authority; fitness for promotion in turn. these were the columns to be filled up in appraisal ..... justice, and its sweep depend upon the nature of the rights involved, having regard to the setting and context of the statutory provisions. where a statute requires an authority though acting administratively to record reasons, it is mandatory for the authority to pass speaking orders and in the absence of reasons the order would be rendered illegal, where a vested right .....
Tag this Judgment!Court : Rajasthan
Decided on : Apr-26-2001
Reported in : 2003ACJ897
..... thus the liability and the policy in the instant case was same as statutory liability contemplated under clause (b) of sub-section (2) of section 95 of the act.11. so is the position in the case of rajendra kumari v. shanti trivedi 1989 acj 517 (sc), who was ..... respect of any one claim or series of claims arising out of one event is rs. 50,000. while dealing with section 95 of the act where it was mentioned that the company shall not be liable in respect of death or bodily injury to any person other ..... where the deceased was going on scooter and was hit by an oil tanker no. pbp 6767. it was held that under section 95(2)(b) of the act, the liability of the insurance company was rs. 1,50,000.14. so was the position in the case of rajan ..... found to be correct.16. there are number of authorities wherein it has been settled that before the amendment in the motor vehicles act, the liability of the insurance company is limited to the extent of statutory liability and as such in the present case the .....
Tag this Judgment!Court : Rajasthan
Decided on : Feb-26-2001
Reported in : (2001)168CTR(Raj)380; [2001]249ITR710(Raj)
..... for any purpose other than diagnosis of the person whose body print it represents.it is further clear to our mind that it is not the requirement of section 32a of the income tax act, 1961, nor can it be read in the context of the provision that in order to fulfil the condition that a machinery or plant must have ..... which should be for manufacture or production of goods not included in the list of articles or things in the eleventh schedule appended to the act. it is not further condition of applicability of section 32a that such article or thing so manufactured or produced must be an article or thing which could be sold and bought in the open ..... (3) after due enquiry and consideration. in view thereof the order of the commissioner of income tax was set aside.the commissioner moved an application under section 256(1) of the income tax act, 1961, for referring the question of law said to be arising out of the tribunal's order. that application has been allowed and it referred the following .....
Tag this Judgment!Court : Rajasthan
Decided on : Apr-23-2001
Reported in : AIR2001Raj306; 2001(3)WLC493; 2002(2)WLN405
..... competency of the witness i.e. holder of power of attorney, after discussing the provisions of order iii, rule 1 and order xviii. cpc r/w. section 118 of the evidence act which clearly provided that all persons are competent to testify unless the court considers that they are prevented from understanding the questions put to them, or from giving ..... the witness. it is true that the testimony of such person will definitely be subject to the scrutiny in the manner provided in the provisions contained in section 60 of the evidence act viz. a viz. credibility of such testimony and not relating to the competency of a person to depose on behalf of some other person. it was ..... ground that he holds the power of attorney, cannot be said to be in the category of persons who are incapable of being witnesses as provided by section 118 of the evidence act; whether such a power of attorney holder has personal knowledge about the matters in controversy may be a question which can be thrashed out by cross- .....
Tag this Judgment!Court : Rajasthan
Decided on : Sep-06-2001
Reported in : [2000(84)FLR621]; RLW2003(1)Raj542; 2002(3)WLN257; 2002(3)WLN257
..... for no interference in this appeal.'17. from above observations, since in the present case shots were made from both the sides, but all were ineffective, offence under section 307 ipc cannot be said to have been proved. from this point of view also, the accused appellant is entitled to acquittal findings of learned trial judge are liable ..... and one mehar singh who pleaded not guilty and claimed trial.6. during trial, 5 witnesses have been produced by the prosecution and thereafter statement of accused under section 313 cr.p.c. was recorded and examined one witness in defence.7. after the conclusion of the trial, the learned additional sessions judge vide his judgment and ..... got arrested along with 12 bore gun.3. p.w.4 richhpal singh chalked out regular fir ex.p/7 in the police station, hanumangarh for offence under sections 307 and 353/34 ipc against the accused appellant and his father mehar singh.4. after usual investigation, a challan for said offences was presented against the accused .....
Tag this Judgment!Court : Rajasthan
Decided on : Apr-25-2001
Reported in : II(2002)ACC606; 2002(1)WLC620
..... premium and thus liability and the policy in the instant case was same as statutory liability contemplated under clause (b) of sub-section (2) of section 95 of the act.11. so is the position in the case of smt. rajendra kumari and anr. v. smt. shanta trivedi and ors. ..... of any one claim or series of claims arising out of one event is rs. 50,000/-. while dealing with section 95 of the act where it was mentioned that the company shall not be liable in respect of death or bodily injury to any person ..... where the deceased was going on scooter and was hit by an oil tanker no. pbp 6767. it was held that under section 95(2)(b) of the act, the liability of the insurance company was rs. 1,50,000/-.14. so was the position in the case of rajan ..... to be correct.16. there are number of authorities wherein it has been settled that before the amendment in the motor vehicles act, the liability of the insurance company is limited to the extent of statutory liability and as such in the present case the .....
Tag this Judgment!Court : Rajasthan
Decided on : Jun-28-2001
Reported in : 2002(2)WLN79
..... concerned, less said the better. to bring home the charge of conspiracy within the ambit of section 120-b of the indian penal code, it is necessary to establish that there was an agreement between the parties for doing an unlawful act. it is no doubt true that it is difficult to establish conspiracy by direct evidence and ..... took the photographs, which in my opinion was in the course of his business activities. therefore, appellant ram kishan deserves to be acquitted of the offence under section 292 ipc.28. as regards the contention of the learned counsel for the accused appellants that there being unexplained inordinate delay in lodging the fir, the prosecution story ..... fine of rs. 15,000/-. the relevant observations are quoted below:in the result, this appeal is partly allowed. the conviction of the accused appellant under section 376 ipc is maintained and upheld, but the sentence of rigorous imprisonment for 10 years awarded by the learned trial court is reduced to the imprisonment for the .....
Tag this Judgment!Court : Rajasthan
Decided on : Sep-14-2001
Reported in : (2001)172CTR(Raj)105
..... 1976, explanation 1 was substituted in the following terms, which was in force during the relevant assessment year in question. the relevant provisions of the act for the present purposes read as under :section 271. failure to furnish returns, comply with notices, concealment of income, etc.-(1) if the assessing officer or the commissioner in the course ..... counsel for the appellant.the appellant has sought to challenge the order passed by the tribunal sustaining the levy of penalty under section 271(1)(c) of the income tax act, 1961 (hereinafter referred to as 'the act, of 1961') in respect of additions made in the income of the appellant as a result of cash found in his ..... in purchase and sale of contraband gold. the said amount was handed over to the income tax authorities under section 132a of the income tax act, 1961, for taking proceedings in that regard under the income tax act. this led to assessment of the said sum in the hands of the assessee by rejecting his explanation by .....
Tag this Judgment!Court : Rajasthan
Decided on : Mar-16-2001
Reported in : (2001)167CTR(Raj)169
..... may be noticed here that there is distinction regarding meaning of plant for the purposes of depreciation allowance under section 32 and investment allowance under section 32a of the act. while section 32 of the act identifies depreciable assets distinctly as building, machinery or plant and furniture but is not inhabited by any other condition ..... or production of any article or thing specified in the said list.(2b) ...............explanation : ...................10. a perusal of the scheme of section 32a of the act makes it abundantly clear that investment in anything which can be termed in generic sense as plant and machinery used for the purposes of business ..... word depreciation in the context of independent description of building as depreciable asset. this is apparent from the following statement of law while interpreting section 32 of the act :'42. further for running almost all industries or for carrying on any trade or business, building is required. on occasions, building may .....
Tag this Judgment!Court : Rajasthan
Decided on : May-04-2001
Reported in : 2007(3)WLN171
..... the learned magistrate after considering the statement of the complainant smt. shashikala and her witnesses found that no case was made out against any of the accused for offence under sections 323, 406 and 504 i.p.c. and, therefore, refused to take cognizance by his impugned order dated 2.3.1998. however, he was satisfied that a prima ..... trying civil suits, a complete code of civil procedure is there and before the civil courts, the lawyers are entitled to appear whereas under the provisions of family courts act, the lawyers are not entitled, the parties have to plead their own cases before the family courts unless and until in a case, special permission is granted by the ..... mentioned that the criminal complaint was filed earlier by the respondent no.2 wife before the competent criminal court on 8.1.1997 against the present petitioners for offence under sections 498-a, 354, 406, 323 and 504 i.p.c. it appears that as a counter blast, the petitioner no. 1 mahaveer kumar husband had filed the .....
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