Court : Rajasthan
Decided on : Feb-01-1994
Reported in : 1994CriLJ3770; 1994(1)WLN161
..... the morchas were visible to each other and the shots were fired from rifles which have a firing range of about 1000 feet and, therefore, it can definitely be concluded that, the accusded party fired at the police party in. order to kill them and, therefore, the learned add1. sessions judge, hanumangarh was ..... he was ordered to undergo 15 days' rigorous imprisonment. however, he was acquitted of the offence under sections 302/34 ipc, 307/34 ipc, section 353 ipc and section 27 of the indian arms act. he has preferred no appeal.4. facts necessary to be noticed for the disposal of these appeals, as are revealed from fir no ..... meanwhile,the accused ramswaroop, alias ram sukh, was arrested. he was also put for trial. the permission for prosecuting them for the offence under section 25/27 of the arms act was obtained from the district magistrate, sriganganagar and they have been filed and have been marked as ex. p/30, 31 and 32 in ..... small suit case. the seized s, along with the ornaments etc. were deposited in the malkhana of the police station. a case under sections 25 and 27 of the arms act was registered against shri ram swaroop, s/o jeevan ram, r/o kavlisar at police station nokha. copy of the fir has been ..... the basis of this an fir has been recorded by him which is bearing no. 153/81 and which has been registered under sections 302, 307, 353/34 ipc and section 27 arm's act against accused mani ram, madan and ram swaroop. after doing this and informing addl. s. p. hanumanagarh, he came back .....
Tag this Judgment!Court : Rajasthan
Decided on : Feb-04-1994
Reported in : 1994(3)WLC64; 1994(2)WLN186
..... rejection of that appeal was equivalent to a dismissal from office by the inspector general himself and as such sufficient to satisfy sub-section (2) of section 240 of the act. we cannot accede to this contention. in theory as well as in practice there is a well marked difference between a decision ..... of bias, even though it may not be malacious in fact.9. once the court has found that the action of the respondent no. 4 in acting as complainant, as witness and then as judge is vitiated on account of violation of principles of natural justice, there is every justification to quash ..... . in so far as this case is concerned, the very foundation on case of the petitioner lies in the claim that the respondent no. 4 has acted as a complainant, as a witness and as a judge and, therefore, his action is vitiated on account of violation of principles of natural ..... note that ex. 16 is not a show cause notice simplicitor. it contains a definite conclusion recorded by the disciplinary authority that the petitioner deserves to be removed from service. what the disciplinary authority (respondent no. 4) has done- is to call upon the petitioner to submit his representation to the general ..... that the enquiry officer has found the charges to have been proved beyond doubt. by showing himself to be the disciplinary authority the respondent no. 4 expressed his opinion that the petitioner should be removed from service. he directed the petitioner to submit his representation to the general manager for review .....
Tag this Judgment!Court : Rajasthan
Decided on : Feb-17-1994
Reported in : 1994(1)WLN238
..... -will paints industries v. the state of rajasthan decided on october 14, 1993, has observed and held as follows:from reading of section 41(1) read with the definition of 'excise revenue' and also section 41(2) (d) of the act of 1950, it is apparent that the legislature has expressly given powers to the state government to make rules relating to excise. revenue ..... petition) and notification dated march 16, 1982 (annexure 2 of the second writ petition) and amendment made in rule 69b of the rules and section 4(3) by which 'denatured spirituous preparations have been included therein and chapter iv-a of rules relating to control over denatured spirit and denatured spirituous preparations are ultra vires the constitution.9. now the question is whether ..... litre as the state government and its authorities do not render sufficient service. he lastly contended that malathion technical is not a denatured spirituous preparation as defined in section 3(3a) of the act.4. in reply, it has been contended by the learned counsel for the respondents that the permit fee is being charged as a part of the regulatory measures and ..... misuse of the industrial alcohol and converting it to that of potable alcohol, the inclusion of the denatured spirit or the denatured spirituous preparation in the provisions of section 3(4)(i) of the act, whereby the excisable articles have been defined cannot beheld to be ultra vires of the constitution.these observations are based on the aforesaid decisions of the hon'ble .....
Tag this Judgment!Court : Rajasthan
Decided on : Feb-17-1994
Reported in : 1994(1)WLN357
..... ) is automatically recognised for the purpose of employment.' presidentmaithili vishwavidyapithdarbhanga 8460048. section-2(f) of the university grants commission act, 1956 defines the term 'university. according to this definition, university means a university established or incorporated by or under a central act, a provincial act or a state act and includes any such institution as may in consultation with the university concerned ..... notification no. f. 26/4/52 c.c. dated, 20.9.1952 issued in consultation with the union public service commission that in case of degree/dipoma awarded by universities in india which ..... been got printed by maithili university (maithili vishwa vidyapith). the relevant abstract of the notification of the government of india is as follows:notification no. p.26/4/52 c.c.government of indiaminister of home affairsnew delhithe 20th september 1952 sub: recognition of the examination.according to the ministry of home affairs government of india ..... mathili university (mathili vishwa vidyapith) darbhanga. this degree of b.ed. has been recognised by the government of india. ministry of home affairs vide notification no. p. /4/52-cc aged, 20th september, 1952. he had produced all his documents before being appointed in service and by treating him to be eligible, the district establishment committee of .....
Tag this Judgment!Court : Rajasthan
Decided on : Feb-23-1994
Reported in : 1994(1)WLN496
..... motor vehicles within the meaning of definition of motor vehicles given under the motor vehicles act, 1939 and the act of 1988. it was also contended that section 2(c) of the act of 1988 makes a reference to the definition of motor vehicles given under the act of 1939, the act, of 1939 having been repealed the act is left with no definition of motor vehicles, therefore, no tax ..... of the commercial taxes department without demanding any entry tax. two dumpers were detained by the respondent no. 4, the officer incharge commercial taxes department check post, ratanpur on august 9, 1993 and remaining one dumper was on the way. by notice annexure/6 dated august 11, 1993, 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 ..... is liable for registration in the state under the motro vehicles act, 1939 (central act 4 of 1939), at such rate or rates, as may be notified by the state government from time to time but not exceeding the rates notified for motor vehicles under section 5 of the rajasthan sales tax act, 1954 (rajasthan act 29 of 1954) or fifteen per cent of the purchase .....
Tag this Judgment!Court : Rajasthan
Decided on : Feb-28-1994
Reported in : 1994(1)WLC554; 1994(1)WLN652
..... goods transferred in execution of works contract, whether as gods or in some other form which have already suffered tax at the rate, prescribed under section 5 or which are exempted from tax under section 4 of the act.(ii) all sums towards labour charges, which are directly co-related with the goods, property in which has passed in the execution of works contract ..... 'turnover' in clause (t) was also amended. clause (u) was introduced to define works contract. sub-section (3) was added in section 5 and sub-section (2-c) was inserted in section 7. then again, by rajasthan sales tax (second amendment) act, 1988 (act no. 13 of 1988) definition of 'works contract' contained in clause (u). was substituted. after the decision of the supreme court in builders ..... there is no question of such goods having suffered tax at the raes prescribed under section 5. in this context we may again refer to the definition of taxable turnover contained in section 2(s) of the rajasthan sales tax act wherein provision is made under clause (i) to (iv) for deduction from the turnover for arrivingat the taxable turnover. clause (i) refers to sale ..... of goods, 'on which no tax is leviable under this act' and clause (ii) refers to sale of .....
Tag this Judgment!Court : Rajasthan
Decided on : Feb-28-1994
Reported in : (1995)IILLJ452Raj
..... and for certain other purposes, hereinafter appearing; it is hereby enacted as follows:' section 2 of the 1947 act contains various definitions. 7. section 2(kkb) defines 'labour court' as a labour court constituted under the section. section 2(r) defines 'tribunal' to mean an industrial tribunal constituted under section 7a and includes an industrial tribunal constituted before may 10, 1957, under the 1947 ..... standing orders; 2. the application and interpretation of standing orders; 3. discharge or dismissal of workman in-chiding reinstatement of, or grant of relief to, workman wrongfully dismissed; 4. withdrawal of any customary concession or privilege; 5. illegality or otherwise of a strike or lockout; and 6. all matters other than those specified in the third schedule. ..... the third schedule. 1. wages including the period and mode of payment; 2. compensatory and other allowances; 3. hours of work and rest intervals; 4. leave with wages and holidays; 5. bonus, profit sharing, provident fund and gratuity; 6. shift working otherwise than in accordance with standing orders; 7. classification by grades; 8 ..... the passengers while the bus was plying from badi choupad to housing board circle, but further opined that the total loss caused to the corporation was of rs. 4 and stoppage of two grade increments with cumulative effect was extremely harsh punishment because, that would affect him perpetually in his service career. similarly, in respect of punishment .....
Tag this Judgment!Court : Rajasthan
Decided on : Feb-28-1994
Reported in : 1995CriLJ3066; 1994(2)WLC69; 1994(1)WLN252
..... some details in bhanwar lal v. state of rajasthan, 1988 raj cri c 546. in that case, sections 306, 107 & 108, ipc, were analysed and considered, and following observations were made:-'according to the aforesaid definition, there should be either instigation or sorne conspiracy or intentionally aiding or illegal omission.'to instigate' means ..... on loan from the accused-petitioner and hence committed suicide, but on this ground alone it cannot be said that the accused-petitioner had abeted the act of suicide committed by smt. kusum devi. it is, therefore, urged that the impugned order may be set aside and the charge framed against ..... therefore, does not commit theft. but a is guilty of abetting theft, and is liable to the same punishment as if b had committed theft.explanation 4. - the abetment of an offence being an offence, the abetment of such an abetment is also an offence.illustrationa instigates b to instigate c to ..... in the society, namely poverty. there were only two bread earners in the family. namely ram kishore (the husband of the deceased) and anil (son).4. seema was of marriagable age and had been married away in december, 1992. this must have added to the financial burden of the family.5. ..... ram charan and his wife - santosh were residing with ram kishore. thus, it was a large family. ram kishore was serving as a class-iv employee in the tourism department. his son rakesh was studying in vith class, while the other son anil sharma was employed in rajasthan shilp gram udyog .....
Tag this Judgment!Court : Rajasthan
Decided on : Mar-01-1994
Reported in : [1994]210ITR620(Raj)
..... the revenue against the order of the commissioner of income-tax (appeals) before the income-tax appellate tribunal. besides the points that the proceedings initiated under section 147(a), theaction could be justified under section 147(b) of the act and in the alternate the action could be taken to give effect to the order passed by the commissioner of income-tax under ..... the precious cut stones into the firm as his capital by the assessee which constituted the transfer within the meaning of section 2(47) of the act which is liable to tax in accordance with the provisions of section 47 read with section 49 and it was treated as a short-term capital gain.3. in appeal, the commissioner of income-tax (appeals) upheld ..... of rs. 15,32,000 fully covered by the voluntary disclosure made by the bigger hindu undivided family, whereas in accordance with the declarations under section 3(1) of the voluntary disclosure of income and wealth act, 1975, the declaration was made on december 30, 1975, in respect of precious cut stones weighing 2,800 carats and were valued at rs. 23 ..... balance 50 per cent, was liable to capital gains. notice under section 148 read with section 147(a)/147(b) for the assessment year 1977-78 were issued on january 4 ,1979. the income-tax officer also proposed to the commissioner of income-tax to take action under section 263 of the act as, according to him, the order passed waserroneous/prejudicial to the interests .....
Tag this Judgment!Court : Rajasthan
Decided on : Mar-04-1994
Reported in : [1995]211ITR163(Raj)
..... prior to the coming into force of the hindu women's rights to property act, 1937, the right that the said act created were not available to the deceased as section 4 of the said act provides that nothing in that act shall apply to the property of any hindu dying intestate before the commencement of ..... the act. it was also observed that under section 14 of the hindu succession act, 1956, the right of ..... since she had no interest in the property of the hindu undivided family except the right of maintenance. it was observed that under section 7 of the estate duty act, no coparcenary interest ceased on her death. for determining the value of the right of maintenance which ceased on the date of death ..... 1. the income-tax appellate tribunal has referred the following question of law arising out of its order dated march 1, 1981, under section 64(1) of the estate duty act, 1953 :'whether, on the facts and in the circumstances of the case, the tribunal was justified in holding that the deceased had ..... the title of any person claiming as heir to the last coparcener. (iv) the principle of relation back applies only when the claim made by the adopted son relates to the estate of his adoptive father. the estate may be definite and ascertained, as when he is the sole and absolute owner of .....
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