Court : Rajasthan
Reported in : AIR1970Raj70; [1969]74ITR378(Raj); 1969()WLN83
..... does not make any provision for the levy of special surcharge. as we are of opinion that the term 'income-tax' as used in sub-section (3) (a) of section 2 of the finance act, 1957, does not include the amount of surcharge for the union and also the amount of special surcharge as prescribed under the head 'surcharges on ..... by the assessee against the assessment for the assessment year 1957-58 and referred the following question to this court under section 66 (1) of the act: 'whether on the facts and in the circumstances of the case surcharge was a separate item of taxation different from income-tax and therefore the special surcharge ..... the tribunal did not see any merit in the contention raised by the assessee and, therefore, it dismissed this ground. on an application filed by the assessee under section 66 of the act, the income-tax appellate tribunal came to the conclusion that a question of law arises from its order in income-tax appeal no. 6347 of 1964-65 filed .....
Tag this Judgment!Court : Rajasthan
Reported in : 1969WLN52
..... practitioner against the board at that time. the decision of the above question depends upon the interpretation of the second part of clause 13 of section 26 of the rajaslhan municipalities act, 1959 (hereinafter called the act).2. the respondent had filed his nomination paper for election to ward no. 10 of the minicipal board, sikar. at the time of ..... it was held that:if a person is disqualified on the date of nomination, he cannot be chosen as a candidate because the disqualification mentioned in section 13-d of the u. p. municipalities act (2 of 1916) attaches to him on that date.and further that:the wiping off of the disqualification under the second proviso has no - ..... 1 is as follows:whether the nomination of the applicant was illegally rejected by the returning officer and if so, what is its effect?section 24 of the act lays down that:subject to the provisions contained in sections 9 and 26, a person shall not be qualified to be chosen to fill a seat on a board unless-(a) ...(b) .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1970Raj216
..... counsel for the respondent drew my attention to the following observations made in veerappa v. raman & raman ltd., air 1952 sc 192:--'an examination of the relevant sections of the motor vehicles act does not support the view that the issue of a permit for a bus-- which falls within the definition of a 'stage carriage' -- is necessarily, ..... labouring under a misconception if they entertained a contrary view.'14. after the above observations were made the provisions of the motor vehicles act were drastically altered by act no. 100 of 1956. a perusal of section 24 goes to show that an application for the registration of a motor vehicle can only be made by the owner of the ..... the regional transport authority and objected to the grant of permit to chatur bhuj he had not served a copy of his objections on him as required by section 57 (4).12. i think that the petitioner has sufficient interest to maintain this writ petition as there must be quite a few passengers travelling directly between .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1970Raj118; 1969()WLN75
..... a valid contract had not been arrived at between the appellant and the state, the former is entitled to claim compensation or damages under section 70 of the contract act. section 70 of the contract act is in the terms following:-- 'where a person lawfully does anything for another person, or delivers anything to him, not intending to do ..... the person for whom something has been done or to whom something has been delivered must enjoy the benefit thereof. if all these conditions are satisfied, section 70, contract act, would set in and it imposes upon the party concerned liability to make compensation or to restore the thing so done or delivered notwithstanding the fact that ..... the contract had not been made as required by article 299 of the constitution. a claim for compensation under section 70, contract act, is not founded upon any contract or tort but upon a third category of law, i.e., a quasi-contract or restitution: vide air 1968 sc .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1970Raj32; 1970CriLJ300; 1969()WLN71
..... may be disregarded without invalidating the thing to be done, are called directory.'12. a broad survey of the relevant statute is proper and profitable at this stage. under section 5 of the act, every member of the r. a. c. shall, upon his appointment and as long as he continues to be a member thereof, be deemed to be a police ..... was merely intended to facilitate the recall to the mind of the witness for the purposes of evidencing the fact that manlaram had signed a statement as required y section 4 of the act. in this view of the matter, manglaram should face his trial and this is not a fit case for quashing the commitment order.6. let me examine the ..... , manglaram did not come to acquire the status of a member of the rajasthan armed constabulary and could not incur the liability laid down by section 6 of the act. his further submission is that section 6 of the act is a penal provision which must be strictly construed. he relied on m. v. joshi v. m. u. shimpi, air 1961 sc 1494.4 .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1971Raj38
..... was inducted as a tenant of the mortgagee shrinarain.14. the next question is whether mohinudin is entitled to protection under the raiasthan premises (control of rent and eviction) act, 1950? the learned counsel for mohinudin has placed reliance on a bench decision of this court in ghamandi ram v. shankarlal, 1965 raj lw 333 = (air 1966 ..... in the suit shop and that in any case mohinuddin was not entitled to protection available to a tenant under the rajasthan premises (control of rent and eviction) act 1950. in the result he partially allowed both these appeals and modified the judgment and decree of the trial court to this extent that the plaintiff would be ..... inducted as a tenant by the mortgagee and since no case for ejectment had been made out against him under the rajasthan premises (control of rent and eviction) act, 1950 a decree for possession could not be passed against him.3. after recording the evidence produced by the parties the learned munsiff granted a preliminary decree for .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1970Raj36
..... that any fact may be proved which shows in what manner the language of a document is related to existing facts. he has also referred to section 98 of the evidence act, according to which evidence may be given to show the meaning of illegible or not commonly intelligible characters, of foreign, obsolete, technical, local and provincial ..... no evidence can be given in terms of such contract, grant or other disposition of the property except the document itself. he has further submitted that section 92 of the evidence act excludes evidence of any oral agreement between the parties to such document for the purpose of contradicting, varying, adding to, or subtracting from its terms. ..... except the licence ex. 7 which is the sole memorial of the transaction and all other evidence should be excluded by virtue of the provisions of section 91 of the indian evidence act. we shall examine this argument later on but for the present we shall concentrate our attention on the licence ex. 7 only :21. paragraph .....
Tag this Judgment!Court : Rajasthan
Reported in : 1969WLN193
..... , be said that the considerations which prevailed for holding that there was discrimination in enacting that portion of section 2(e) of that act are the same while enacting section 4(b) of the act. in our opinion section 4(b) of the act is not hit by article 14 of the constitution.25. having decided this point of law, we remand ..... a company in liquidation not made by a proceeding instituted by the presentation of a plaint context be considered to be a 'suit' instituted within that section.11. the limitation act is in pari materia with the civil procedure code and the same meaning must be given to a suit instituted in the civil procedure code. thus, in our view because ..... behalf of the debtors in these cases that the debt relief court should be taken to be hearing a suit when they are hearing an application under section 6 of the act and, therefore, a reference is permissible by such a court. the provisions of civil procedure code clearly show that a suit originated by filing a plaint and not .....
Tag this Judgment!Court : Rajasthan
Reported in : 1969CriLJ1324; 1969()WLN87
..... out briefly as follows:-the station house officer, police station, malasisar, district jhunjhunu, filed a complaint against sardar khan and five others under section 6 read with section 11 of the act in the court of sub-divisional magistrate jhunjhunu on 7-5-1968 alleging that the accused bad constructed a mosque in village dabri, district ..... having committed this offence. after recording the evidence of the parties the learned magistrate found that all the five accused had committed offence under section 6 read with section 11 of the act, and consequently he convicted them for the said offence and sentenced them to pay a fine of rs. 25/- each, and in default ..... and tranquillity in respect of construction of such building. it has been laid down in the rules that on presentation of an application under section 5 or section 6 of the act the collector may consult the devasthan department and make enquiries from the local police officers or local authority or neighbours of the buildings as .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1970Raj48; 1969()WLN111
..... bikaner route having been granted by the sta could not be cancelled by the rta, a subordinate authority in view of the language of section 60 of the motor vehicles act (hereinafter called 'the act'); that the principles of natural justice have been violated firstly because the charge against the petitioner was in regard to shah-pura-behror ..... beri, j.1. this is a petition under article 226 of the constitution of india complaining against the cancellation of a stage carriage permit under section 60 of the motor vehicles act and seeks a writ of certiorari against the order of the transport appellate tribunal, rajasthan dated the 23rd january, 1964.2. the petitioner is a ..... the first. i, therefore, propose to examine question no. 2 first.7. this question revolves around the pivot of section 60 of the act, and it is therefore, proper to extract out the relevant portion of that section:'60. (1) the transport authority which granted a permit may cancel the permit or may suspend it for such period .....
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