Court : Rajasthan
Decided on : Sep-08-1980
Reported in : 1980WLN472
..... each of them was entitled to be treated as a 'child' as defined in clause (d) of sub-section (1) of section 2 of the rajasthan children act, 1970 (hereafter called the act) he, however, further held that though they were children, they could still be tried by the court of sessions at ajmer under sections 302 and 364, i.p ..... the court of sessions to try them for the commission of the said offence in accordance with the procedure for trial before a court of sessions as prescribed in chapter xviii of the news code is still intact.11. in arriving at the aforementioned conclusion to the effect that a child who is alleged to have committed an offence ..... the learned additional sessions judge, that he discovered some repugnancy between section 27 of the new code, which is legislation enacted by the parliament, and section 58 of the act which is legislation enacted by the legislature for the state of rajasthan. holding that the law made by parliament must prevail in preference to the law made by the .....
Tag this Judgment!Court : Rajasthan
Decided on : Apr-28-1980
Reported in : AIR1981Raj98; 1980()WLN344
..... merits on the ground on 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 wakfs. section 5 (1) provides that ..... sub-section (2) of section 5 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 register of wakfs containing the particulars mentioned ..... question under sub-section (1) shall, unless revoked or modified by a civil court of competent jurisdiction be final.' section 57 finds place in chapter vii and it deals with judicial proceedings. section 57 of the act is as follows: '57. notice of suits, etc., by courts:-- (1) in every suit or proceeding relating to a title to wakf .....
Tag this Judgment!Court : Rajasthan
Decided on : Feb-26-1980
Reported in : (1980)15CTR(Raj)180; [1981]127ITR308(Raj)
..... quashed.78. in the three writ petitions notices have been issued on march 7, 1978, to nawal kanwar under section 17(1)(a) of the act for reopening her assessment of 1969-70, 1970-71 and 1971-72, on the basis of the revenue audit report treating it as a ground 'for reason to believe' that wealth has escaped assessment ..... 74 for reopening the completed assessment of wealth-tax are quashed. similarly, notices dated 7th march, 1978, under section 17 of the w.t. act, issued to xawal kanwar for the assessment years 1969-70, 1970-71, 1971-72, 1972-73, 1973-74 and 1974-75 for reopening the completed assessment of the wealth-tax are quashed.125. the respondents ..... residing at sunset view, opposite central school, ratanada, jodhpur, furnished her wealth-tax return for the assessment year 1969-70, under section 14 of the act to the wto, a-ward, jodhpur, on june 29, 1970, in the status of 'individual' in the prescribed manner, setting forth her net wealth as on the valuation date, i.e., april 1, 1969. .....
Tag this Judgment!Court : Rajasthan
Decided on : Feb-28-1980
Reported in : 1980WLN(UC)379
..... schemes framed there under can be challenged by aggrieved persons on t(sic)e ground that it is not a valid scheme as required by the provisions of chapter iv-a of the act. it is not possible for me to read in para no. 4 of this judgment, the substance of which i have mentioned above, any expansion of the ..... the various aspects of the power of judicial review in such cases by the high court under article 226 of the constitution of india.9. on a plain reading of chapter iv a mentioned above, it would appear that the state transport undertaking in the principal organisation which has to initiate the schemes of nationalisation of the road transport services. ..... the state of andhra pradesh and ors.: : [1964]6scr330 (para 35 to 37) and the gauhati high court in premadhar barua and ors. v. state of assam and ors.: air 1970 assam page 1, has further dealt which on this aspect of the matter. mr. munshi confronted with the above submission placed strong reliance upon the judgment of the supreme court .....
Tag this Judgment!Court : Rajasthan
Decided on : Jul-18-1980
Reported in : 1980WLN(UC)287
..... 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 ..... a of the rules is wrong. he submitted that while holding the post of accounts clerk, the petitioner was appointed as accountant after passing the qualifying examination on february 23, 1970. his initial pay drawn as accountant was fixed at the minimum i.e. rs. 200/- and that prior to this, he was working as accounts clerk and was .....
Tag this Judgment!Court : Rajasthan
Decided on : Feb-07-1980
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 ..... 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. : [1969]2scr861 , trilokchand motichand v. commissioner of sales tax bumbay (g), kamini kumar das .....
Tag this Judgment!Court : Rajasthan
Decided on : Oct-14-1980
Reported in : [1982]50STC89(Raj)
..... : [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 ..... passed. reliance is placed on master construction co. (p.) ltd. v. state of orissa : [1966]3scr99 m. haji mohamed ismail sahib and co. v. state of madras [1970] 26 stc 73 (fb) v. p. minocha, income-tax officer, special investigation circle vii, ahmedabad v. income-tax appellate tribunal, ahmedabad : [1977]106itr691(guj) additional commissioner of ..... 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 .....
Tag this Judgment!Court : Rajasthan
Decided on : Feb-18-1980
Reported in : [1980]46STC141(Raj); 1980()WLN393
..... 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 ..... . a copy of the deputy commissioner's order dated 27th march, 1970, has been placed on the record and marked annexure 1. on receipt of the record, the commercial taxes officer issued a notice dated 19th february, 1971, to ..... order of the commercial taxes officer, the petitioner filed appeal before the deputy commissioner, commercial taxes (appeals), udaipur range, udaipur, who, by his order dated 27th march, 1970, held that penalty was leviable, but, at the same time, he remanded the case to the assessing authority for redetermining the amount of penalty after notice to the assessee .....
Tag this Judgment!Court : Rajasthan
Decided on : Feb-02-1980
Reported in : 1980WLN(UC)74
..... the learned single judge has relied upon western india watch co. v. its workmen : (1970)iillj256sc and state, of madras v. cp sarothy : (1953)illj174sc and held on the analogy of section 10 of the industrial disputes act that the administrative authorities are not deprived of their jurisdiction by rejecting the prayer once for ..... the amount of compensation determined to be paid to the other side and further the required formalities have been completed. it is to be noted that this chapter, read as a whole, nowhere contemplates judicial proceedings nor does it contemplate quasi judicial proceedings, except the collector or revenue appellate authority. all that which ..... proceedings also. merely because the person is adversely affected by an order, the order cannot become judicial or quasi judicial in nature. the provisions in this chapter further contemplate calling and hearing of objections but from that also, it cannot be inferred that the order would become judicial or quasi judicial. we are .....
Tag this Judgment!Court : Rajasthan
Decided on : May-01-1980
Reported in : 1980WLN(UC)204
..... tried for the offences under sections 148, 342/149 and 452, indian penal code by the additional sessions judge, sirohi, who by his judgment dated may 25, 1970 acquitted all the five respondents of the charges levelled against them. dissatisfied with the judgment of acquittal the state of rajas than has preferred this appeal.2. briefly stated ..... quarrel having taken place at the house of sardara, the (sic)liding of the leaned additional sessions judge that the deceased and his associates were aggressors and the act of the respondents was in exercise of right of private defence can not be said to be justified. controvesting these arguments mr. m.c. bhandari, learned counsel ..... held that it was voluntarily made and at that time the maker of it was mentally and physically fit to narrate the incident, the dying declaration can be acted upon even without any corroboration. the sanctity of dying declaration need not be emphasised because the maker of it being on the verge of death is not likely .....
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