Court : Rajasthan Jodhpur
..... supposed to have been written, (v) by having the comparison done in court of the secret books of account with some admitted writing as provided in section 73 of the evidence act, (vi) by proof of an admission [10] made by any one of the respondents that the secret books of account related to the business transactions ..... and another (air 197.sc 1281). in the said verdict, the apex court, while interpreting the term sale within the meaning of section 2(g) and section 3 of the central sales tax act 1956, held in clear term in para 12 that assessing authority should examine each transaction to see whether it was a completed contract of ..... with mr. dinesh kumar for the respondents. *** reportable by the court: all these six revision petitions are preferred by the petitioner-assessee under section 86 of the rajasthan sales tax act 1994 (for short, the act of 1994) against the impugned judgment/order dated 20th of september 2002, passed by the learned tax board, ajmer, whereby three appeals filed .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... supposed to have been written, (v) by having the comparison done in court of the secret books of account with some admitted writing as provided in section 73 of the evidence act, (vi) by proof of an admission [10] made by any one of the respondents that the secret books of account related to the business transactions ..... and another (air 197.sc 1281). in the said verdict, the apex court, while interpreting the term sale within the meaning of section 2(g) and section 3 of the central sales tax act 1956, held in clear term in para 12 that assessing authority should examine each transaction to see whether it was a completed contract of ..... with mr. dinesh kumar for the respondents. *** reportable by the court: all these six revision petitions are preferred by the petitioner-assessee under section 86 of the rajasthan sales tax act 1994 (for short, the act of 1994) against the impugned judgment/order dated 20th of september 2002, passed by the learned tax board, ajmer, whereby three appeals filed .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... supposed to have been written, (v) by having the comparison done in court of the secret books of account with some admitted writing as provided in section 73 of the evidence act, (vi) by proof of an admission [10] made by any one of the respondents that the secret books of account related to the business transactions ..... and another (air 197.sc 1281). in the said verdict, the apex court, while interpreting the term sale within the meaning of section 2(g) and section 3 of the central sales tax act 1956, held in clear term in para 12 that assessing authority should examine each transaction to see whether it was a completed contract of ..... with mr. dinesh kumar for the respondents. *** reportable by the court: all these six revision petitions are preferred by the petitioner-assessee under section 86 of the rajasthan sales tax act 1994 (for short, the act of 1994) against the impugned judgment/order dated 20th of september 2002, passed by the learned tax board, ajmer, whereby three appeals filed .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... registrable) instrument which is not duly stamped?. to find an answer, it may be necessary to refer to the provisions of the indian stamp act, 1899 (`stamp act' for short). section 33 of the stamp act relates to examination and impounding of instruments. the relevant portion thereof is extracted below : -10- 33.examination and impounding of instruments.-(1) every ..... to be rejected by this court on 9.1.2009 with observation that since the petitioner was pursuing the remedy and obtained the award in the year 2006 and tried to execute it, then he found that the award is nullity, then those facts may be considered while considering the petitioner's prayer for ..... such shri r.s.tambi and shri madhusudan vyas did not participate in the arbitral proceedings. arbitrator shri giriraj sanadhya independently passed an award dated 13.1.2006 and an application for execution of that was filed by the applicant before learned district judge, rajsamand. learned district judge, rajsamand by order dated 18.2. .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... bona fide requirement, which already stands established in the present case. so far as the issue of partial eviction is concerned, under sub-section (2) of section 14 of the act a restriction has been put on eviction based on comparative hardship and the law further provides that where the court is satisfied that no hardship ..... at in his favour and he should discharge the onus. in view of the language of provision regarding 13 comparative hardship and partial eviction in section 14(2) of the act requiring 'satisfaction of the court', the burden of partial eviction also has to be discharged by the defendants. in the statements before the trial ..... .: air2004sc3484 maganlal v. nanasaheb : (2008) 13 scc758 pratap rai tanwani & anr.v.uttam chand & anr. : (2004) 8 scc490 mohinder prasad jain v. manohar lal jain : (2006) 2 scc724and shamshad ahmad & ors.v.tilak raj bajaj & ors.: 2008 air scw6201 8 it was further submitted that the trial court committed error in ordering partial eviction of the .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... bona fide requirement, which already stands established in the present case. so far as the issue of partial eviction is concerned, under sub-section (2) of section 14 of the act a restriction has been put on eviction based on comparative hardship and the law further provides that where the court is satisfied that no hardship ..... at in his favour and he should discharge the onus. in view of the language of provision regarding 13 comparative hardship and partial eviction in section 14(2) of the act requiring 'satisfaction of the court', the burden of partial eviction also has to be discharged by the defendants. in the statements before the trial ..... .: air2004sc3484 maganlal v. nanasaheb : (2008) 13 scc758 pratap rai tanwani & anr.v.uttam chand & anr. : (2004) 8 scc490 mohinder prasad jain v. manohar lal jain : (2006) 2 scc724and shamshad ahmad & ors.v.tilak raj bajaj & ors.: 2008 air scw6201 8 it was further submitted that the trial court committed error in ordering partial eviction of the .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... and 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 ..... 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 rectification of any .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... and 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 ..... 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 rectification of any .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... by notification shall be eligible for appointment as a teacher. the ncte stands authorized by the central government as an academic authority to exercise power conferred by sub-section (1) of section 23 of the act of 2009. tilok singh & ors. vs. state of rajasthan & ors. (s.b.civil writ petition no.10339/12 ) & 89 connected matters. 25 ..... matter of fact, even the urgent temporary appointment in any public service to any post de hors the relevant rules without permission of the competent authority is prohibited under section 4 of the act of 1999. rather, the appointment in tilok singh & ors. vs. state of rajasthan & ors. (s.b.civil writ petition no.10339/12 ) & 89 ..... does not arise. relying upon the decision of the apex court in the matter of 'secretary, state of karnataka and others vs. uma devi and others' 2006(4) scc1 submitted that to meet the particular situation the state government is not precluded from framing the scheme for giving employment but then the contractual employees engaged .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... a).whether the suit property was purchased benami in the name of the plaintiffs by their father defendant no.4 ?. (b).whether sale is not in contravention of section 8 (2) of the act ?. (c).whether on account of alleged active fraud the suit filed by the plaintiffs was liable to be rejected ?. the suit property, a house was purchased ..... , it is apparent that the property was in fact purchased from the funds of the plaintiffs and the same was sold by him in violation of provisions of section 8 of the act and therefore, the transfer was void. with reference to various documents, it was submitted that the income-tax returns were filed well before the property was purchased ..... the house and sold the same and the suit has been filed malafidely. the property was purchased in the name of the plaintiffs 'benami' and therefore, section 8 of the act was not applicable. in the alternative, it was submitted that even if it is held that the property belongs to the plaintiffs still defendant no.4 as .....
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