Court : Rajasthan
Decided on : Apr-06-2009
Reported in : AIR2009Raj164; RLW2010(1)Raj109
..... order dated 14-3-2007, as pointed out above, this court is not pronouncing on the validity or invalidity of the same but a few aspects definitely deserve comments. under the scheme of consideration of motion of no confidence, the motion is not merely moved and voted at; but the same is ..... this date, i.e., 1-3-2007, for the declaration dated 23-2-2007 on her resignation and for the operation of section 36 of the act of 1994, the respondent no. 4 was not a member of the gram panchayat at all. on this date, i.e. 1-3-2007 nothing was available that ..... , the chief executive officer is the competent authority per rule 21 of the rules of 1996 but then, by inserting an explanation to sub-section (1) of section 82 by act no. 9 of the year 2000, the legislature has made it clear that the expression 'chief executive officer' includes an 'additional chief executive ..... required to be considered that if ultimately such revision petition would fail, but before decision in revision petition, if in the meantime, only because of stay order, the respondent no. 4 would be participating in debate and voting on the motion and ..... act of 1994 as suggested by the government counsel and further assuming that any alleged revision petition was pending before the government, it was yet not a matter of granting of a routine stay; but the implication ought to have been considered and examined before issuing the stay order dated 14-3-2007. it was definitely .....
Tag this Judgment!Court : Rajasthan
Decided on : Apr-01-2009
Reported in : 2009(3)WLN312
..... relevant question if the vehicle was used or kept for use in the state that is sine qua non for imposition of the tax under section 4 of the act of 1951 but a close look at the pleadings of the parties and the material on record makes out that the petitioner did not ..... of limitation prescribed to prefer an appeal that is 30 days. i do not find any substance in the contentions so made. under section 14 of the act of 1951 any person aggrieved by an order relating to determination of recovery of tax may prefer an appeal within a period of 30 ..... advocate general mr. g.r. punia, on the other hand, while emphasizing on the preliminary objection regarding availability of alternative remedy of appeal under section 14 of the act of 1951, has referred to the decisions of this court in s.b. civil writ petition no. 4575/2007: mitha lal chouhan v. state ..... contended that the petitioner is not entitled for any relief in the extra-ordinary writ jurisdiction for availability of the alternative remedy of appeal under section 14 of the act of 1951. it is also submitted that the petition involves serious disputed questions of fact that cannot be gone into in the writ jurisdiction. ..... expressed thereupon because this court is of opinion that these and all other submissions could definitely have been taken up in appeal; and the matter could have been agitated before the appellate authority under section 14 of the act of 1951.10. for availability of specific alternative remedy and then, for involvement of .....
Tag this Judgment!Court : Rajasthan
Decided on : Mar-31-2009
Reported in : RLW2009(2)Raj1312
..... to call defence witnesses in the manner existing in present case is apparent denial of reasonable opportunity to the charged employee for defending himself. a definite prejudice, therefore, is caused by not calling the witnesses named by the petitioner without examining their relevance and ultimately holding him guilty for the ..... context of the charges found proved against him and that a penalty lesser than extreme penalty of dismissal or removal would have not met the act of misconduct for which the delinquent employee was found guilty. a judicious application of mind is certainly required while selecting a penalty sought to ..... employee renders himself liable to lose his job, incur social stigma thereby, and exposes his entire family to misery if he commits a fault.(4) in order not to attract the charge of arbitrariness it has to be ensured that the penalty imposed is commensurate with the magnitude of the ..... serious ailment that would have prevented him from giving necessary information to the bank, as such the petitioner submitted a false information to the bank.4. the charge no. 3 too was also bifurcated in two parts as follows:(1) as per the medical certificate submitted by the petitioner ..... violation of regulation 22(2) of the regulations of 1980 occurred as the petitioner remained absent from duties without having any reason beyond his control;(4) a violation of regulation 52(1) of the regulations of 1980 occurred as the petitioner claimed for extraordinary leave for a period of more .....
Tag this Judgment!Court : Rajasthan
Decided on : Mar-30-2009
Reported in : RLW2009(3)Raj2629
..... after hearing the petitioner on the count whether any commercial activity, which is alleged to be going on at the, plot, comes under the definition of commercial activity or not. the division bench has passed following order on 09.12.2005:however, the application which was moved for recalling the ..... appeal as not maintainable treating the order dated 28.12.2007 to have been made under section 72 of the uit act despite the fact that the said order was made under sections 90 and 91 of the act. in this writ petition, the petitioners are challenging order dated 28.12.2007 and have ..... running in the clinic is not a commercial activity, it is not necessary for the petitioners to apply for conversion of the residential plot no. b-4 and an advocate, doctor, astrologers, chartered accountants and tax consultants, by their profession, do not indulge in commercial activity and, therefore, they are ..... , shastri nagar, jodhpur; and, as per the petitioners, the said complaint was filed to harass them. in the complaint filed by respondent no. 4, it was mentioned that the land was allotted for residential purpose but the petitioners are using the said premises for commercial purpose and clinical hospital has ..... , also filed criminal complaint under section 133, cr.p.c. and wife of respondent no. 4 filed a civil suit which is pending in the civil court. the u.i.t. initiated proceedings against petitioner no. 1 under section 90 and 91 of the rajasthan urban improvement trusts act and, for the said purpose .....
Tag this Judgment!Court : Rajasthan
Decided on : Mar-27-2009
Reported in : 2009CriLJ4362; 2009(3)WLN9
..... in the case of bharat kishore lal singh dev v. judhistir modak : air 1929 patna 473, it had been held as follows:the definition of a complaint is to be found in section 4(h), criminal p.c. and is as follows:complaint means the allegation made orally or in writing to a magistrate, with a view ..... criminal procedure code. the learned magistrate is in terms asked to take administrative action. therefore, the petition or complaint was not such a complaint as a magistrate could act upon under section 190(1), criminal p.c.22. therefore, it is more than clear that a complaint must be made before the magistrate for his taking action ..... given by the magistrate shows that it is not at all satisfactory and nothing has been said as to why he had not promptly acted in accordance to law, when the application under section 156(3) cr.p.c. was filed before him. sooner such an application was received by the magistrate, he ought to ..... .c. direction be issued to the police to register a case at police station, chirawa for the offence under sections 379, 447/147 and 188 ipc and section 3(v)(x) and section 4 of the sc/st act.3. the petitioner had filed a report to the police with the averments that in the town of chirawa, ..... to direct the police to follow the mandate of law and if it is not so done, then it gives the police a long rope to act arbitrarily and at its whims. whenever an aggrieved person approaches a magistrate with the prayer that the police has refused to register his report in respect .....
Tag this Judgment!Court : Rajasthan
Decided on : Mar-20-2009
Reported in : RLW2009(4)Raj3124
..... in the eye of law, against the material and evidence available on record. the trial court has committed serious illegality in framing charges for the offence under section 4/5 of explosive substances act, 1908 against the accused petitioners. whereas, prima facie on the basis of the prosecution documents itself, no case against the accused petitioners is made out for ..... mines and the trial court without appreciating the provisions of the exposive substances act framed charge for the offence under section 4/5 of the explosive substances act. the learned counsel lastly drawn attention that the charge against the accused petitioners was framed under section 4/5 of the explosive substance act, but actually they have not committed any such offence they have only ..... 15, 2004, police station kaman, distt. bharatpur lodged an fir no. 22 of 2004 against the petitioners under sections 4/5 of the explosive substances act, 1908 alleging that on inspection at site office of the firm of major jagmal singh, explosives were found there without any license. after investigation, the police submitted challan against the accused petitioners before the trial ..... and ram balak patel, against the order dated feb. 6, 2009 of additional sessions judge (fast track) no. 4 deeg bharatpur in sessions case no. 64 of 2008 whereby the trial court framed charges under sections 4/5 of the explosive substances act, 1908 against them petitioner no. 1 is proprietor of m/s. jagmal singh & corporation and petitioner no. .....
Tag this Judgment!Court : Rajasthan
Decided on : Mar-18-2009
Reported in : RLW2009(4)Raj3527
..... and decided to recommend to the central government to issue letter of permission for establishment of new medical college at udaipur, rajasthan by geetanjali foundation, udaipur, rajathan under section 10a of the imc act, 1956 with an annualintake of 150 (one hundred & fifty) students for the academic session 2008-09. the council vide its letter dated 02.06.2008 communicated the ..... will be three papers, one each from physics, chemistry and biology of 300 marks each. paper from biology shall comprise of section `a' botany of150 marks and section `b' zoology of 150 marks of the standard of qualifying examination. iv. selection of students i. the selection of students to a medical college shall be based solely on the merit of the candidate ..... is valid. the admissions given by the respondent no. 5 institution from pc-pmt, bds and 10+2 examination are illegal not irregular.q.4 conduct of the institution and equity46. 4.here, the institution acted with ulterior motive right from the date when the supreme court delivered its judgment for sanction of the seats and the order of sanction was issued ..... laid down in pai foundation, : air2003sc355 ?(3) whether islamic academy, : air2003sc3724 could have issued guidelines in the matter of regulating the fee payable by students to the educational institutions ?(4) can the admission procedure and fee structure be regulated or taken over by the committees ordered to be constituted by islamic academy : air2003sc3724 ?28. the question no. (2) is relevant .....
Tag this Judgment!Court : Rajasthan
Decided on : Mar-18-2009
Reported in : 2009(2)WLN398
..... dispensable discordance could well have been brushed aside by the learned member of the board for the sake of decision of the case on merits and such an approach would definitely have been nearer to the interests of justice.14. leaving the other aspects aside, the learned member of the board could have appreciated the fact that the application was indeed ..... /sriganganagar that was dismissed on 04.04.2005 for want for prosecution.2. the background aspects of the matter are that an application moved by the petitioners under section 15aaa of the rajasthan tenancy act, 1955 claiming khatedari rights in the agriculture land comprised in khasra no. 3 at village dhaba, tehsil anupgarh came to be rejected by the tehsildar, anupgarh by ..... that he alone had passed the order dt. 04.04.2005 and the facts as stated therein were correct. the learned member found no justification to grant the application under section 151 of the code of civil procedure and hence, rejected the same.6. it may be pointed out that looking to the observations made by the learned member of the ..... observing that if the petitioners were aggrieved of the order dt. 04.04.2005, they ought to have moved a review application and the application as moved by them under section 151 of the code of civil procedure for restoration was not acceptable, the learned member of the board pointed out that the assertions as made in the application, about the .....
Tag this Judgment!Court : Rajasthan
Decided on : Mar-18-2009
Reported in : RLW2009(3)Raj2638
..... shown for the purpose other than agricultural. 1 may now refer to the facts of atya mohmmadi begum's case. the act came into force in the state of u.p. on 17.2.1976. the definition of 'urban land' in section 2(o) excludes from its ambit land which is mainly used for the purpose of agricultural. the open land of the ..... ) against the order of the learned additional dist. and sessions judge no. 3, jodhpur dtd. 23.7.2001 dismissing the civil misc. application no. 4-a/1991 filed by the appellant under section 40 of the said act seeking to set aside the sale made by the respondent no. 1 - public trust in favour of the respondent no. 5 - a housing society of ..... parshwanath jain tirth trust? v) relief.5. the learned trial court after taking evidence from both the sides dismissed the said application under section 40 of the act by the impugned order dtd. 23.7.2001 deciding issue no. 4 regarding non-impleadment of sh. jain swetamber bherubagh parshwanath jain tirth and in favour of the applicant, whereas the issues no. 1 and ..... ceiling law and sale being contrary to the provisions of ceiling law is also no longer res integra and stands decided by this court.12. the findings of issue no. 4 about not maintainability of the application on account of non-impleadment of shri jain shwetamber bherubagh parshwanath jain tirth trust, decided in favour of the applicant, however, requires no interference .....
Tag this Judgment!Court : Rajasthan
Decided on : Mar-17-2009
Reported in : [2009]182TAXMAN52(Raj)
..... only in which case, it would be a capital loss. according to him, it would be wrong to say that the amount does not come within the definition of 'income'. thus, the orders passed by the income-tax officer and inspecting assistant commissioner of income-tax were confirmed by the commissioner of income-tax (appeals ..... in such circumstances, the order of commissioner of income-tax (appeals) was sustained.5. learned counsel for the assessee has taken us through various sections of the income-tax act and contended that in any case, it cannot be a revenue receipt and at best it will only be a capital receipt.6. learned counsel ..... -tax officer observed in his order that it is true that it was not a receipt in the normal course of assessee's business, but it would definitely be an income of the assessee and has to be assessed to tax under the head, 'income from other sources'. the matter was referred to the ..... to hold that everything that is exempted from capital gains by the statute could be taxed as a casual or nonrecurring receipt under section 10(3) read with section 56. we are fortified in our view by a similar argument being rejected in nalinikant ambalal mody v. s.a.l narayan row, cit : [1966] ..... assessee-firm became entitled to realize a sum of rs. 20,000 as compensation in terms of the condition contained in clause (7) of the agreement.4. the claim of the assessee-firm before the income-tax officer was that the amount so received was in the nature of non-taxable capital receipt as no .....
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