Judgment Search Results Home > Cases Phrase: finance act 2005 section 2 income tax Court: rajasthan Page 100 of about 8,155 results (0.371 seconds)

State Bank of India Vs. Sharda Spuntex Pvt. Ltd.

Court : Rajasthan

Reported in : AIR2010Raj1

..... law by the civil court and suit is not maintainable, then and there, upon the said application the suit is required to be dismissed.section 34 of the act of 2002 and section 18 of the act of 1993 read as under:34. civil court not to have jurisdiction.-no civil court shall have jurisdiction to entertain any suit or proceeding in ..... of limit. for the purpose of adjudicating the contention of learned counsel for the respondent- plaintiff that they are not borrower, the definition of borrower provided under section 2(f) of the act of 2002 is required to be perused which runs as under:2(f).-'borrower' means any person who has been granted financial assistance by any bank or ..... of availing forward contract limit, therefore, the respondent-plaintiff company certainly falls within the definition of 'borrower' and, for the same, there is complete bar under section 34 of the act of 2002 and as per order vii rule 11(d), c.p.c. the court is required to see the plaint and if it is found that suit .....

Heera Lal Vs. State of Rajasthan

Court : Rajasthan

Reported in : 1987(2)WLN472

..... the mercy of the vicious dealer. and when the primary necessaries of life are sold with spurious admixtures for making profit his only protection is the prevention of food adulteration act and the court, if offenders can get away with it by payment of trivial fines, as in the present case, it brings the law into contempt and its enforcement a ..... withdrawn by the accused after making forged signatures of ram swaroop on the withdrawal forms.3. the trial court framed charges under section 419, 420 & 468, i.p.c. however after the trial the magistrate convicted the accused under section 419, 420 and 468, i.p.c. but in appeal the accused has been acquitted for 419, i.p.c. for the ..... -11-1981 passed by sessions judge, ajmer in criminal appeal no. 152 of 1980, maintaining the conviction of accused under sections 420 & 468 i.p.c. but acquitting the accused under section 419 i.p.c. and also maintaining the sentence under section 420 and 468, i.p.c. for one year's r.i. and a fine of rs. 400/- and .....

Shyam Sunder Mal Vs. Rajasthan High Court

Court : Rajasthan

Reported in : 2000(4)WLC4; 2007(2)WLN584

..... resulting in pecuniary loss to the govt. servant must be held to be an objective rather than a subjective function. the very nature of the function implies duty to act judicially. in such a case if any opportunity to show cause against such a proposed action is not given, the action is liable to be struck down as invalid. ..... cases the dropping of enquiry would automatically bring the case within purview of sub-rule (3) and the employee be subjected to denial of remuneration of period of suspension, an act of employer not to take work from him, while master employee relationship exists. for non-discharge of duty, which is not be volition of the employee, no part of ..... date when the earlier order of compulsory retirement has come into force and it has been set aside. this order was set aside on departmental appeal by the hon'ble acting chief justice finding that the incumbent has already attained the age of superannuation of 58 years on august, 31, 1994 and he stood retired on that date. in .....

Chandra Bhan Vs. State of Rajasthan

Court : Rajasthan

Reported in : 1989(2)WLN628

..... bring the balance of penalty just now.62. it is settled law that recovery of notes alone is not sufficient to prove charge under section 5(1)(d) read with section 5(2) of the act or section 161 ipc. it is necessary for the prosecution to prove that the accused accepted the money voluntarily or with consenting mind and that the ..... accepted rs. 25/- with consenting mind. it is settled position of law that mere recovery of currency notes from accused is not sufficient to prove offence under section 5(l)(d) of the act and the prosecution has to prove that the accused accepted the tainted money with consenting mind, as is observed in the following cases:(2) surajmal v. ..... mohammed yamin, special judge, for a.c.d. cases jaipur, whereby the accused appellant has been found guilty for the offence under section 161 ipc and section 5(1)(d) r/w section 5(2), prevention of corruption act and he has been sentenced to one year's rigorous imprison' ment and a fine of rs. 200/- in default of payment of .....

Dhanki and anr. Vs. State of Rajasthan and anr.

Court : Rajasthan

Reported in : RLW2007(3)Raj2494

..... in both these appeals arising from the judgment of the learned additional sessions judge dated 28.2.2006, appellants thavra and his wife dhanki have been convicted of offence under section 302 ipc and sentenced to imprisonment for life and to pay a fine of rs. 2000/- each and in default, to further undergo three months' simple imprisonment on the ..... does not inspire confidence. thus, this circumstance cannot be accepted as an incriminating circumstance against the appellant.9. as regards the second circumstance, appellant thavra was arrested on 2.3.2005 vide ex. p. 2. in pursuance of the information given by him vide ex. p. 24, a blood stained 'kulhari' was recovered vide ex. p. 16 in ..... said that he intended to commit murder of deceased kalu. he can, at the most, be clothed with the knowledge that in the ordinary course of nature, his act may cause death. thus, it is not a case of culpable homicide amounting to murder but a case of culpable homicide not amounting to murder, punishable under .....

Jagram Vishnoi Vs. District Supply Officer and anr.

Court : Rajasthan

Reported in : 2008(1)WLN237

..... has been allotted fair price shop for village shobhala darshan, district barmer.2. the brief facts leading to the filing of present writ petition are that on 11.04.2005, a notification was issued by the district supply officer, barmer, for allotment of fair price shop inter alia in village shobhala darshan. in pursuance of the said notification ..... to show that any such fresh consideration was ever made. it goes without saying that the public authorities while taking a decision to allot the fair price shop cannot act according to their whims and fancy. it is true that neither the petitioner, nor respondent no. 2 can claim the dealership as a matter of right, but then ..... the applications for allotment of the shop were considered by allotment advisory committee presided over by the district supply officer, barmer in its meeting held on 20.05.2005. a perusal of the minutes placed on record as annex.-3 goes to show that the majority of the members expressed their opinion for allotment of the shop .....

Sardar Khan Khokhar Verses Devji Patel and Others

Court : Rajasthan

..... to in paragraph 18(b) was therefore an integral part of the election petition. it follows that there was total non-compliance with the requirements of sub-section (3) of sec.81 of the act by failure to serve the appellant with a copy of the election petition. in ch. subbaraos case (air 1964 sc 1027) (supra), the ..... the appellant and therefore failure to supply a copy of the photograph to the appellant did not amount to a violation of the provisions of sub-sec.(3) of section 81 of the act. 10. in the case in hand the grounds taken in paras 15.4 to 15.8 of the election petition are founded on the document ..... is yes, the candidate shall furnish the following information: (i) case/first information report no./nos. (ii) police station(s) district(s) ..state(s) .. (iii) section(s) of the concerned act(s) and brief description of the offence(s) for which he has been convicted. (iv) date(s) of conviction(s). (v) court(s) which convicted the candidate (vi .....

Govind Kalwani Vs. Raj.High Court, Jodhpur and ors

Court : Rajasthan Jodhpur

..... -examinations. in the peculiar circumstances of the case before such unending trial could get converted itself into a permanent menace, the answering respondents had to act and had acted to hold the credibility of the entire institution. the petitioner has provided for all the reasons and circumstances leading to the satisfaction of the answering respondents ..... ors. (air1991sc385, ex.constable chhote lal v/s union of india and ors. ((2000) 10 scc196 and sudesh kumar v/s state of haryana and ors. ((2005) 11 scc525 in submitting that dispensation of the departmental enquiry, after it was initiated and was not concluded, was not justified.17. mr.m.c.bhoot relying ..... on your part was not proper and thus you transgressed all limits of decency, failed to maintain the dignity and respect towards the judiciary. this conduct and act of yours besides being unbecoming of an officer amounts to gross misconduct. statement of charge no.2 that you shri kalwani while posted & functioning as stated above .....

Murli Manohar Vyas Vs. Registrar, Co-Op. Soci. Jpr. and Ors

Court : Rajasthan Jodhpur

..... observed that same should be passed after taking into consideration the gravity and seriousness of the offence, holding a preliminary enquiry, if possible and such an administrative act should be free from arbitrariness. it should be bonafide and in public interest. para 32 of the said judgment reads thus:- the principles of law enunciated ..... hereinabove show that the every governmental action including purely administrative acts have to be free from arbitrariness. wherever, the order is made by a public authority affecting a member of public (he may be a government employee). ..... the employee, its gravity and seriousness, the record of 5 the government servant and the likely impact on service or the public interest of the alleged act of delinquency of the employee. the power of suspension cannot be exercised as a matter of course. no unfettered discretion is vested with the competent authority .....

State and Ors Vs. M/S Balaji Marble Mines and Ors

Court : Rajasthan Jodhpur

..... the provision aforesaid nowhere mentions for rectification of 'apparent mistakes' only. the statute refers 'rectification of mistake' and the scope of sub-section (1) of section 64 of the act of 1932 is sufficient enough to infer that the registrar is having authority to conduct an inquiry too within the permissible limits for rectification of ..... . the legislature has given these two modes for rectification of the mistakes to the registrar for distinct purposes. the power given under sub-section(2) of section 64 of the act of 1932 can be invoked where all partners of the firm are at consensus about the mistake occurred in the document relating to the ..... the petitioner questioning the entries dated 07.02.2005 and 13.10.2006 recorded in the register of firms.where there is bona fide dispute about the documents and interpretation of various laws requiring recording of evidence, the matter cannot be adjudicated under section 64 of the act which being a summary proceeding, wherein only .....