Court : Rajasthan Jodhpur
..... to the bank. the complainant further alleged that he presented the cheque for encashing in his bank i.e. uco bank, jaitsar on 11.9.2007 from where an intimation was received that the funds were insufficient in the account held by the accused. thereupon, the complainant gave a legal notice to the accused through ..... ganganagar against the petitioner with the allegation that the petitioner handed over a cheque of rs.40,000/- payable at uco bank, jaitsar to the complainant on 31.8.2007. the complainant alleged that the cheque was handed over to him by the accused at sri ganganagar with the assurance that the same would be honoured on being presented ..... 178 and 179 cr.p.c. and section 138 of the negotiable instruments act and lays down the law in the correct perspective. if the view as expressed by the hon'ble apex court in the case of shamsad begum is accepted, then a situation may arise wherein the banking institution or a finance company, which has in its possession numerous .....
Tag this Judgment!Court : Rajasthan
..... scheme of the act specially after amendment of section 254 of the act conferring powers of granting stay upon the appellate tribunal after insertion of sub-sections (2a) and (2b) in section 254 of the act by finance act, 1999 with effect from 01.06.1999 and further first proviso substituted by finance act, 2007 with effect from 01.06.2007 extending period of ..... default against an order under sub-section (6a) of section 206c on or after the 1st day of april, 2007 but before the 1st day of june, 2007 shall be deemed to have been filed under this section.] (2) notwithstanding anything contained in sub-section (1) of section 246 every appeal under this act which is pending immediately before the ..... was selected for scrutiny, since a survey was conducted on 18.03.2007 at the business place of the petitioner under section 133a of the act, his case was fixed for assessment upon scrutiny, and accordingly, a notice under section 143 (2) of the act was issued to him on 24.04.2009. the assessee produced .....
Tag this Judgment!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 .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... notices issued against it for assessment year 2005-2006 and 2006-2007 in which demand of approximately rs.64.30 lacs has been raised against the said company manufacturing cement, as a consequence of amendment brought in section 8 of the cst act, 1956 including section 8(5) of the said act by finance act no.20/2002 with effect from 11.5.2002 prohibiting the ..... state government to dispense with requirement of furnishing declaration in form c/d for the dealers to avail concessional rate of cst under section 8(4) of the act. s.b. civil writ ..... by notfn no.f.4(72)fd/gr.iv/81-18 dated 6.5.1986 as amended from time to time (s.no.625).5.section 8 of the cst act as amended by finance actno.20/2002 with effect from 11.5.2002 is also reproduced herein below for ready reference:prior to amendment after amendment8.rates of tax on .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... cement ltd. v/s state of rajasthan dtd. 11.10.201115/105dtd.29.07.2006 and 27.06.2007 under clause 13 of the rips, 2003 which provision is akin to section 263 of the income tax act and clause 13 and 14 are reproduced hereinbelow for ready reference: 13. revision by the state government: ..... after 28.4.2006. preliminary objections & case set-up bypetitioner before principal secretary16.the petitioner unit contested the said revision petitions before the principal secretary, finance and made detailed written submissions raising preliminary objections before him vide annex.39 dtd.31.3.2009. the same as noticed in the impugned order in ..... a cement manufacturer, is before this court under article 226 of the constitution for challenging the impugned order dtd.31.3.2009 passed by the principal secretary, finance, government of rajasthan, jaipur under the provisions of clause 13 invoking his revisional jurisdiction under rajasthan investment promotion scheme, 2003(hereinafter referred to as the rips .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... sold in the trade or its `stock' of land bank, therefore, the petitioner jda is not only a `service provider' which is a widely defined term under section 2(o) of the act but it can also be construed to be `trader' dealing with `goods' and on account of defective `goods' or `defect in services', the district forum and ..... dated 25/11/2006 in complaint case no. 253/2006 (laxman khetani vs. secretary, uit, jodhpur), the appeal filed by the uit, jodhpur namely; appeal no. 415/2007 came to be dismissed by the state consumer disputes redressal forum on 5/3/2008 vide ex. r/4/2. the revision petition against the said order of state commission ..... to protect a consumer against services rendered by statutory bodies. the legislature expanded the meaning of the word `service' in section 2(o) to even such facilities as are available to a consumer in connection with banking, financing etc. each of these activities are discharged both by statutory and private bodies. in absence of any indication, express or .....
Tag this Judgment!Court : Rajasthan
..... , 307 and 34 i.p.c. was registered and investigation commenced. during the investigation, the police arrested the appellants and recorded their statements under section 27 evidence act leading to recovery of lathi and knife from them. the police also got injury and postmortem report ext.p5 of deceased hemraj and injury report of ..... an entry made regarding departure of police person to place of occurrence. the honble apex court in the case of vikram & others v. state of maharastra air 2007 supreme court 1893 held that when prosecution witness alleged to have informed officer - incharge of police station on telephone and the head constable states that he had written ..... supreme court in its subsequent judgments namely gulichand and others v. state of rajasthan (1974) 3 scc 698 and kalegura padma rao and another v. state of andhra pradesh 2007 (2) crimes 217 (sc). 33. in view of the above legal position and the factual position, the eye witnesses produced by the prosecution cannot be termed as .....
Tag this Judgment!Court : Rajasthan Jaipur
..... ground that no requirement of furnishing declaration in form st-18a could be fastened upon the respondent-assessee in the present case, the penalty in question under section 78 (5) of the act deserves to be set aside and the appellate authority below has rightly done so, and therefore, their orders would not require any interference by this court. ..... 8 of the aforesaid notification providing for requirement to furnish such declaration in form no. st-18a besides the sale bills and goods transportation receipt as per section 78 (2) of the act as they were not electrical goods but the same were goods used for distribution of electricity or any other form of power and, thus, as per ..... , mr. achintya kaushik appearing for mr. r.b. mathur, relying upon the decision of hon'ble supreme court in the case of guljag industries v. cto reported in (2007) 7 scc 269 and state of rajasthan v. d.p. metals reported in (2002) 1 scc 279, submitted that learned tax board has erred in setting aside the penalty .....
Tag this Judgment!Court : Rajasthan Jaipur
..... revision cases, submits that as the voltage stabilizers supplied by the assessee therein are accessories to electrical energy, the same are exempted from tax under section 8 of the act. we find it extremely difficult to accede to the submission of the learned counsel. what is exempted from tax is electrical energy and not any ..... also relied upon by the learned tax board in the present case.13. in pragati silicons (p) ltd. v. commissioner of central excise, delhi reported in (2007) 9 supreme court cases 470, the hon'ble supreme court while dealing with the question relating to classification of goods plastic name plates for motor vehicles and held ..... as cinema arc carbon and used in the projectors for exhibition of films fell within entry no.4 of the first schedule of andhra pradesh general sales tax act, 1957 which read as under: cinematographic equipment, including cameras, projectors, and sound recording and reproducing equipment lenses, films and parts and accessories required for use .....
Tag this Judgment!Court : Rajasthan Jaipur
..... 7 whereof vested a right in favour of lessee (respondent-5) to create encumbrances on the lease hold rights possessed by them in favour of a financial institution for loan/finances raised for development of fort, with a condition that encumbrances are to be cleared before expiry/ termination of lease period. that apart, cl.7 (d) of lease ..... been agreed to that the lessee shall have a right to create encumbrances on the lease hold rights possessed by them in favour of any financial institution for loan/finances raised for the development of fort, subject to the condition that the encumbrances are cleared before the expiry/ termination of the lease period.7. the lessor herein ..... mardia chemicals ltd.'s case (supra) itself and also by virtue of the amendments effected to sections 13 and 17 of the principal act. the liberty given by the learned single judge to the appellants to resist s.a.no.104 of 2007 preferred by the respondents before the drt on all aspects was duly upheld by the division .....
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