Court : Rajasthan
Reported in : AIR1969Raj310; [1969]73ITR450(Raj); 1969()WLN153
..... notional allowances varying from time to time according to the exigencies of the revenue and the interests and promotion of industry by the finance acts and they do not represent the true market value at the end of each year. in that case, the asses-see had already made adjustment in his books of ..... of the appellate assistant commissioner and the wealth tax officer that these authorities proceeded to determine the value of the assets of the assessee not under section 7(1) but under section 7(2) of the act. the balance-sheet showed the assets at cost, but a note had been appended earlier that depreciation had not been taken into account. the tribunal ..... regard to the balance-sheet of such business as on the valuation date and making such adjustments therein as the circumstances of the case may require, (b) ......................-.' 4. under section 7(1), the value of any asset will be deemed to be the value which the asset would fetch if sold in the open market on the valuation date. this .....
Tag this Judgment!Court : Rajasthan
Reported in : 1969WLN62
..... sale according to rule 265 then the matter will fall to be governed by the provisions of rule 270. rule 77 specifically relates to an appeal under section 26-a or section 27 of the act. rule 77, therefore, to my mind, will be inapplicable to an appeal under rule 270 of the rules and the requirement laid down in rule 77 ..... 272 of the rules were brought to his notice.6. for appreciating the first contention i may read the relevant provisions of the rajasthan panchayat act, 1953, here in after to be referred as the 'act':section 26-a - appeal from orders of panchayats under:chapter iii: any person aggrieved by any order or direction of a panchayat under this chapter ..... for sales of such abadi lands.8. the question arises whether these rules really come in conflict with the provisions of sections 26-a and 27 of the act. in my view, they do not so come in conflict. sections 26-a and 27 deal with the administrative functions of the panchayat generally whereas these rules lay down the procedure to .....
Tag this Judgment!Court : Rajasthan
Reported in : 1969WLN51
..... falling within the definition given in section 4 of the negotiable instruments act prima facie intend to create a negotiable instrument and unless there are facts and circumstances negativing such an intention it must be held to be a promissory note ..... document was to obtain an acknowledgement in writing of the two loans advanced to the defendant. the writing fulfils all the requirements of the promissory note given in section 4 of the negotiable instruments act. it was held in smt. bhanwar bai v. ghanshyam dass s.b. civil revision no. 251/1964 decided on 7-12-65 that parties creating a document .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1970Raj70; [1969]74ITR378(Raj); 1969()WLN83
..... of tax on income shall be increased for the purposes of levying the special surcharge on unearned income by 15 per cent under the provisions of section 2 (1) (a) of the finance act 1957 (act no. 2 of 1957). he urged that simply because the income-tax on the dividend income of the assessee is to be computed with reference ..... it is not disputed that in the case of the assessee paragraph a of the first schedule of the finance act, 1957 applies. under this provision of section 2 (1) (a) of the finance act which is made subject to sub-section (3) of that section, the assessee is entitled to claim that the income-tax on his dividend income should be calculated by applying ..... does not make any provision for the levy of special surcharge. as we are of opinion that the term 'income-tax' as used in sub-section (3) (a) of section 2 of the finance act, 1957, does not include the amount of surcharge for the union and also the amount of special surcharge as prescribed under the head 'surcharges on income .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1970Raj118; 1969()WLN75
..... that a valid contract had not been arrived at between the appellant and the state, the former is entitled to claim compensation or damages under section 70 of the contract act. section 70 of the contract act is in the terms following:-- 'where a person lawfully does anything for another person, or delivers anything to him, not intending to do so ..... in this case it is nowhere found that the proposal of granting rebate to the plaintiff, involving appreciable financial commitment, was referred to the finance department. unless that was done, it cannot be said that the proposal reached the final stage of maturity. 10. article 299(1) of the constitution is in ..... the state and in particular proposals involving an expenditure for which no provision has been made in the appropriation act, rule 35 of the said rules lays down that the views of the finance department shall be brought on the permanent record of the department to which the case belongs and shall form part of the case. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1970Raj36
..... says that any fact may be proved which shows in what manner the language of a document is related to existing facts. he has also referred to section 98 of the evidence act, according to which evidence may be given to show the meaning of illegible or not commonly intelligible characters, of foreign, obsolete, technical, local and provincial ..... wal of bundi. who was the chairman, and shri kesari singh mehta, collector, bundi, nominee of the state, and also shri mehtab chand, officer on special duty, finance department, jaipur, nominee of the state. the report of the chairman is in hindi, and the third paragraph of the report when translated into english reads as under:--' ..... basis of this report that among the directors his highness of bundi was the chairman, and the collector, bundi and shri mehtab chand offi-cer-on-spccial duty finance department, jaipur were the nominees of the state government. no objection was taken to the resolution of the company referred to in the report of the chairman. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1969WLN193
..... , be said that the considerations which prevailed for holding that there was discrimination in enacting that portion of section 2(e) of that act are the same while enacting section 4(b) of the act. in our opinion section 4(b) of the act is not hit by article 14 of the constitution.25. having decided this point of law, we remand ..... a company in liquidation not made by a proceeding instituted by the presentation of a plaint context be considered to be a 'suit' instituted within that section.11. the limitation act is in pari materia with the civil procedure code and the same meaning must be given to a suit instituted in the civil procedure code. thus, in our view because ..... or class of societies.(4) the lending policy of a financing bank shall be approved by the government.21.there are also restrictions placed on a registered co-operative society under section 66 when the loan is given to a non-member. the other provisions of that act also show that the formation and working of the co-operative .....
Tag this Judgment!Court : Rajasthan
Reported in : 1969CriLJ1324; 1969()WLN87
..... out briefly as follows:-the station house officer, police station, malasisar, district jhunjhunu, filed a complaint against sardar khan and five others under section 6 read with section 11 of the act in the court of sub-divisional magistrate jhunjhunu on 7-5-1968 alleging that the accused bad constructed a mosque in village dabri, district ..... having committed this offence. after recording the evidence of the parties the learned magistrate found that all the five accused had committed offence under section 6 read with section 11 of the act, and consequently he convicted them for the said offence and sentenced them to pay a fine of rs. 25/- each, and in default ..... way or the other. learned counsel for the petitioner also invited our attention to another decision of their lordships in state of m. p. v. azad bharat finance co. : 1967crilj285 in which their lordships laid down three teats for determining whether a particular provision is permissive or obligatory 6. first is-if a statute leads .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1970Raj134
..... the government. 172. in the circumstances, learned counsel for the petitioner stressed the last and the fifth test. he referred to a number of sections in the act for showing that the governmental control was so thorough and complete that there was full subordination of the pramukh and consequently, he has to be taken ..... of personal knowledge and information received and reasonably believed to be correct. the petitioner also filed an affidavit as required by the proviso to section 83(1) of the act but in the affidavit it was not mentioned what allegations were being verified on personal knowledge and what allegations were based on information received ..... the government. this is only partially correct. there are two sources of finances provided for the zila parishads. one is by government grants and the second is by donations by the panchayat samitis (vide section 63 of the panchayat samitis and zila parishad act). the government have no hand whatsoever regarding the second source. apart from .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1970Raj252; [1970]75ITR253(Raj); 1969()WLN365
..... appellate assistant commissioner. there it raised one more point and that was that the business income of the assessee became taxable by the amendment of section 14 (3) of the act made by the finance act, 1960 and this amendment could not take away the vested right of the assessee exempting its business income from taxation till 1st april, 1960 ..... to promulgate laws which have prospective or retrospective effect and that the argument of the assessee that it was immune from taxation under section 14 (3) of the act before its amendment by the finance act, 1960 would not assist him because later on by an amendment that im-munity has been taken away and the as-sessee is ..... rs. 15,000/-. this amendment came into effect from the 1st of april 1960 by the finance act of 1960 which received the assent of the president on 20th of april, 1960.section 1 (2) of that act provided that the provisions of that act were to come into force from 1st april, 1960. because of this amendment, assessment proceedings .....
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