Court : Rajasthan
Reported in : 1979WLN634
..... what of the man who asks, on what basis is it judged immoral? answers based on religion cannot appea to non-believers and so fall outside the scope of this chapter. a secular answer given by professor hart is that 'some shared morality is essential to the existence of any society.' 'essential' has two aspects. on the one hand ..... service and mr. singhvi's contention is that since he was not convicted, the provisions of rule 14(1) of the railway servants (disciplinary and appeal) rules, 1968 cannot be applied. it has also been argued that after filing of the writ application, the railway has hastened to dismiss him from service before the matter was adjudicated ..... result of the unusual protest and vehemence at the bar of counsel of petitioner that the high court cannot refuse to give relief to the petitioner even though he acted like a 'sex starved vulture' in a railway station waiting room, while putting the robes of a railway ticket collector on duty and, exhibited debased and reprehensible .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1980Raj207; 1980()WLN288
..... duties, the petitioner is entitled to invoke the extraordinary jurisdiction of this court. the argument, in my humble opinion, is wholly misconceived. article 51a, which occurs in chapter iv-a of the constitution, enumerates fundamental duties. it enjoins duties on every citizen of india in respect of the matters enumerated in clauses (a) to (j). ..... right is sine qua non for the issuance of a writ of mandamus. here, i may refer to padfield v. minister of agriculture, fisheries and food, 1968 ac 997 on which considerable reliance was placed by the learned counsel for the petitioner. i may at once state that it does not support the contention of ..... government to be discharged towards the petitioner. in these circumstances, the contention of the learned counsel that discretion vested in the appropriate government under section 3 of the act has not been exercised and, therefore, the petitioner has a right to maintain the writ petition, is devoid of force.5. learned counsel for the petitioner .....
Tag this Judgment!Court : Rajasthan
Reported in : 1980WLN(UC)90
..... of the duties of the gramdan board. the bhoodan board means the rajasthan bhoodan yagna board established under section 3 of the rajasthan bhoodad yagna act, 1954. chapter iv of the act deals with constitution and working of gram sabha. section 13 provides for constitution of gram sabha. it lays down that with effect from the date ..... this ground. annexure 8 dated july 18,1978 is the declaration made by collector, banswara, by which, village padola was declared as the gramdan village. chapter ii of the act deals with the gramdan board section 5 thereof lays down that the bhoodan board shall be the rajasthan gramdan board, (hereinafter referred to as the 'gramdan ..... adequate factual foundation, it is hazardous to embark upon a determination of the points involved.same is the view taken in union of india v. khas kranpura colliery co ltd. : [1968]3scr784 , rabindra nath sons and ors. v. union of india and ors. : [1970]2scr697 , duiga prasad v. the chief controller of imports and exports and ors. .....
Tag this Judgment!Court : Rajasthan
Reported in : [1980]46STC141(Raj); 1980()WLN393
..... of goods or the sale of manufactured goods should be inside delhi. it was held that resale within the meaning of section 5(2)(a)(ii) of the bengal finance (sales tax) act (6 of 1941), as applied to the union territory of delhi, was not confined to the territory of delhi but also included resale outside the territory of delhi. in ..... a.i.r. 1968 s.c. 599, the supreme court observed as follows :normally, a tax on sale of goods does not directly impede the free movement or transport of goods. section 21 of ..... penalty/levy in question.17. article 301 came up for consideration before their lordships of the supreme court in andhra sugars ltd. v. state of andhra pradesh a.i.r. 1968 s.c. 599 as well as in state of madras v. nataraja mudaliar a.i.r. 1969 s.c. 147.18. in andhra sugars ltd. v. state of andhra pradesh .....
Tag this Judgment!Court : Rajasthan
Reported in : (1980)15CTR(Raj)180; [1981]127ITR308(Raj)
..... 's report dated august 4, 1969, was also filed. she valued her ratanada flats, jodhpur, at rs. 1,16,000 as per valuation certificate dated november 7, 1968, of approved valuer, shri h. r. sahgal. the other property consisting of her deposits in the banks, shares of hira crushing private ltd., annuity deposits, etc., ..... ]67itr11(sc) and it was observed as under (head note) :' whether on the information in his possession he should commence proceedings for assessment or reassessment, must be decided by the income-tax officer and not by the high court. the income-tax officer alone is entrusted with the power to administer the act: if he ..... act of 1958, on the basis of which the controller can entertain a reasonable belief that property assessed to estate duty has been under-valued.'116. a caution that the high court should not substitute its jurisdiction under article 226 of the constitution of india for the jurisdiction of the ito concerned, was given in cit v. a. rawtan and co. : [1968 .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1981Raj98; 1980()WLN344
..... which he did. in this connection, it is necessary to notice some of the sections which are having bearing on the question. chapter ii of the act deals with survey of wakfs, it contains sections 4, 5, 6, 7 and 8. section 4 deals with preliminary survey of ..... shall, unless it is modified in pursuance of a decision of the civil court under sub-section (1) be final and conclusive.' chapter iv deals with registration of wakfs. section 25 provides for registration and section 26 makes it incumbent on the board to maintain a ..... which the reliance was placed by the learned counsel for the appellant is state wakf board, madras v. abdul azeez sahib, air 1968 mad 79. in that case, the dispute related to a wakf known as rustom saheed durga wakf. the wakf was included in the ..... the decree or modify it.15. the expression 'relating to' used in section 57 (1) of the act was examined in state wakf board, madras case (air 1968 mad 79) (2) in that case, it was held that a suit for a declaration that the decree .....
Tag this Judgment!Court : Rajasthan
Reported in : 1981(8)ELT772(Raj)
..... any person invested by the government of the powers of any officer under the ordinance. in this connection reference has also been made to section 13 of the finance act, 1950. section 13 of the finance act, 1950 may be reproduced here for ready reference :-'13. repeals and savings-(1) if immediately before the 1st day of april, 1950, there is in force in ..... kind of notice which should precede assessment nor lay down the need to pass an assessment order. the supreme court observed as follows :-'16. it will be noticed that in chapter iii, the term 'assessment' was used only in the former rule 10-b, corresponding to the present rule 9-b while dealing with provisional assessment of duty. but, rule 52 ..... c.m. lodha, c.j.1. this is a defendant's first appeal from the judgment and decree dated february 29, 1968, passed by the district judge pair, whereby the learned district judge decreed the plaintiff-respondent's suit for the recovery of rs. 2,14,520/-, on account of arrears of .....
Tag this Judgment!Court : Rajasthan
Reported in : 1980WLN(UC)287
..... that prior to this, he was working as accounts clerk and was receiving rs. 162/- pay + rs. 10/- as special pay. according to him,by order of the finance department dated july 18,1968 inserted as an exception no. i under rule 26-b of the rules, for fixation of pay as accountant, his pay should have been notionally treated as rs ..... 1-9-1961 to a post carrying duties and responsibilities of greater importance than those attached to the post held by him, under the provisions of other rules in this chapter plus special pay attached to the higher post, if any, works out to less than the pay of the post held by him, the difference shall be allowed as ..... in the higher post, the next increment shall be admissible after completion, of service for the full incremental period counting for increment under rule 31 of rajasthan service rules.vide finance department notification no. f. 1(40)fd(gr. 2)/74 dated august 28,1974, the following was substituted for the existing rule 26a(1)(i):(i) that were a .....
Tag this Judgment!Court : Rajasthan
Reported in : [1982]50STC89(Raj)
..... . upadhyaya : [1974]96itr1(bom) harbans lal malhothra and sons private limited v. income-tax officer, 'c' ward, comp. dist. ii, calcutta : [1972]83itr848(cal) and jaipur finance and dairy product pvt. ltd., pilani v. commissioner of income-tax, jaipur .7. mr. mehta, the learned counsel for the department, contended that under section 17 of the ..... of the board of revenue allowed the revision by his judgment dated 30th march, 1973. it was held that the default in making payment before 5th march, 1968, was waived and rendered no benefit and accordingly the commercial taxes officer was directed to pass a fresh order in accordance with the judgment. the commercial taxes officer ..... the special appeal on 31st july, 1974. it is also argued that even in the rectification application submitted by the assessing authority under section 17 of the act no such allegation was made that shri tunwal had been authorised and the board in accepting the application by its order dated 16th october, 1976, could not .....
Tag this Judgment!Court : Rajasthan
Reported in : 1981CriLJ1244; 1981()WLN274
..... there is some modification of either colour or intensity, for these may .well be the, sites of erasures.'21. osborn in his book, 'questioned documents' (second edition) chapter xxvi, dealing with paper and questioned documents has observed, 'it has been conclusively shown that several questioned documents of widely different dates were all written on paper that originally formed ..... l.j.79 ix prove that the death was homicidal does not apply to the facts of the instant case. in the state of raiasthan v. inder singh 1968 raj lw 147 a divison bench of this court has held that it is not necessary for the prosecution to prove that the deceased was killed by direct proof ..... of his contention that the opinion as to whether a paper has been torn from a copy is an opinion which is admissible under section 45 of the evidence act. he submits that the various circumstances on which reliance has been placed by the learned sessions judge are proved by convincing evidence, and the chain of those .....
Tag this Judgment!