1
Court : Rajasthan
Decided on : Dec-10-1976
Reported in : 1976WLN815
A.P. Sen, J.1. This is a petition under Article 226 of the Constitution filed by M/s. Akbarali Amanatali, Pali, seeking to quash three orders of reassessment dated 16-11-1966 under Section 12(1) of the Rajasthan Sales Tax Act passed by the Assistant Commercial Taxes Officer, 'C' Ward, Pali.2. The petitioners are a partnership firm engaged in the business of manufacture and sale of bangles and are registered as dealer under the Rajasthan Sales Tax Act, 1955, hereinafter referred to as 'the Act'. The firm has been granted an exemption certificate under Section 4(3) of the Act by virtue of Notification No. F.21(7)SR/55 dated 14-5-1955, which reads:(11) Bangles made of lac, Topali (of coconut), Xylonite or Catalin tube.3. For the assessment years 1959-60, 1960-61 and 1961-1962, the petitioner's firm filed returns claiming exemption from sales tax on the sale of bangles made by it. The Sales Tax Officer, Pali by his assessment orders allowed the exemption claimed and raised no demand.4. In ...
Tag this Judgment!Court : Rajasthan
Decided on : May-10-1976
Reported in : AIR1976Raj219; 1976(9)WLN300
ORDERD.P. Gupta, J.1. These 29 writ petitions arise in somewhat similar circumstances and, therefore, it would be proper to dispose them of by a common order.2. The petitioners in all these writ petitions were employed in different capacities at various places in Rajasthan in the Indian Railways and they were removed from service as a sequel to the All India Strike of Railwaymen, which took place in May, 1974. It is common ground that the Central Government, by virtue of the powers conferred upon it under Rule 118 of the Defence of India Rules, 1971 prohibited any strike in the Railway Service in India in connection with any industrial dispute for a period of six months with effect from November 26, 1973. Several Unions representing railway employees gave notices of an All India Strike of employees working on Indian Railways, which was to take effect from May 8, 1974, to ventilate the grievances of the railway employees, in respect of various matters relating to their service condition...
Tag this Judgment!Court : Rajasthan
Decided on : Sep-24-1976
Reported in : AIR1977Raj150; 1976(9)WLN589
ORDERRanjindar Sachar, J.1. This is a petition under Article 226 of the Constitution seeking to quash the notification issued by the respondent No. 1 State of Rajasthan dated 21-11-1975 by which it has cancelled its earlier notification dated 12-11-1975 by which the State had in exercise of its power under Section 48(1) of the Rajasthan Land Acquisition Act (hereinafter to be called the 'Act') had withdrawn the land of the petitioner from acquisition as declared in Section 6 notification dated 24-11-1973.2. The petitioners are the owners and occupiers of land on Kila Nos. 1 to 5 of square No. 36, situate in Chak 3-E, District Sri Ganganagar. The State of Rajasthan published a notification D/- 18-1-1971 under Section 4 (1) of the Act, proposing to acquire the land for public purpose for extension of Abadi Ganganagar. The notification was published in the Government Gazette of 16-12-1971. Amongst others it included the petitioner's land in Kila No. 36. A further notification dated 24-11-...
Tag this Judgment!Court : Rajasthan
Decided on : Oct-12-1976
Reported in : 1976WLN759
M.L. Jain, J.1. This judgment will dispose of the above mentioned two writ petitions.2. The petitioner was appointed as the authorised auctioneer of the Western Railway for conducing the auction of coal and, half burnt coal and scraps (sic) the Union of India under the supervision of the District Controller of Stores, Western Railway, Ajmer during the years 1962, 63 and 1963-64 under an agreement dated 7th April, 1962 Condition No. 17 of this agreement was that the auctioneer will be responsible to recover from the purchasers sales tax and other charges, if any, leviable on such sales conducted by him or obtain necessary licence or permission from the concerned Government. The assessee collected sales tax firm, the buyers in pursuance of this arrangement and also deposited the amount with the Government, but of course under a protest that he was not a dealer and that he was entitled to refund of the tax paid by him.3. In the year 1963, the petitioner worked as a sole proprietor in the ...
Tag this Judgment!Court : Rajasthan
Decided on : Oct-21-1976
Reported in : AIR1977Raj46
V.P. Tyagi, Actg. C.J. 1. These 27 special appeals arise out of the judgment of the learned single Judge D/-22-12-1975 whereby the learned Judge has held that the proceedings commenced under Chapter III-B of the Rajasthan Tenancy Act, 1955 (hereinafter referredto as the 'old Law') for the determination of the ceiling and the surplus area of the land-holder shall even after the Rajasthan' Imposition of Ceiling on Agricultural Holdings Act, 1973 (Act No. 11 of 1973) (hereinafter called the 'new Law.) came into force, be governed by the old Law and the new Law shall have no effect on such proceedings. Having felt aggrieved by this finding the landholders have preferred these appeals.2. In order to resolve the controversies raised in these appeals it will be relevant to give a short history of various laws enacted by the legislature from time to time for the fixation of ceiling on agricultural holdings. For the first time, the law was made in the State of Rajasthan by enacting the Rajastha...
Tag this Judgment!Court : Rajasthan
Decided on : Nov-29-1976
Reported in : AIR1977Raj121
Jain, J.1. This judgment will dispose of two appeals namely, D. B. Civil Misc. Appeal No. 14/1970 and D. B. Civil Misc. Appeal No. 105/1969. These appeals arise out of an order made by the Motor Accidents Claims Tribunal, Ajmer on September 12, 1969.2. A bus RJZ 202 was travelling from Bandarwara to Ajmer on May 31, 1966. When it was about six miles and two furlongs from Ajmer, it found the road blocked near Makhupura by a tree fallen on road. While other vehicles were passing on the right side of the road, the driver of this vehicle instead chose to pass his vehicle by the left side of the tree where it is alleged, there was not much space for the vehicle to pass with the result that the vehicle first dashed against the side wall which save way and the vehicle then over-turned and fell down.3. One of the consequences of the accident was that one Dharamchand a passenger sustained fatal injuries and died instantaneously on the spot. His widow, three minor children and his parents filed ...
Tag this Judgment!Court : Rajasthan
Decided on : Apr-06-1976
Reported in : AIR1976Raj178
Jain, J.1. We will dispose of these six appeals and two revisions by this single judgment 2. An Accident involving two motor vehicles took place on 14-5-1967 at 7.00 p. m. near village Kamalpura on the Bhilwara-Shahpura Road. Passenger bus No. RJE 6-53 was coming from Kota Side, while Jeep No-RJE 723 was going from Bhilwara in the opposite direction. Both the vehicles collided giving rise to 4 claim petitions Nos. 26/67, 27/67, 28/67 and 29/67, which were filed before the Motor Accidents Claims Tribunal, Bhilwara.3. The bus was owned by Aaya Singh and was insured with New Great Insurance Company of India Ltd. It was being driven by Panna Lal. The bus had no permit, yet it was carrying a marriage party from Kota to Bhilwara. The marriage party was of Sub-Inspector Bahadur Singh of Bhilwara. The jeep was owned by Bhagwan Swaroop and insured with the Vulcan Insurance Co., Ltd. It was being driven by Shakoor Pinara. The Jeep was carrying Chandan Singh, Bagh Singh, Raj Kanwar, Anand Kanwar ...
Tag this Judgment!Court : Rajasthan
Decided on : Nov-08-1976
Reported in : 1976WLN783
M.L. Jain, J.1. This judgment will dispose of two appeals namely, D.B. Civil Misc. Appeal No. 14/ 1970 and D.B Civi1 Misc. Appeal No. 105/1969. These appeals arise out of an order made by the Motor Accidents Claims Tribunal, Ajmer on September 12, 1969.2. A bus RJZ 202 was travelling from Bandarwara to Ajmer on May 31, 1966 When it was about six miles and two furlongs from Ajmer, it found the road blocked near Makhupura by a tree fallen on the road While other vehicles were passing on the right side of the road, the driver of this vehicle instead chose to pass his vehicle by the left side of the tree where it la alleged, there was not much space for the vehicle to pass wish the result that the vehicle must dashed against the aids wail which gave way and the vehicle then over-turned and fell down.3. Ore of the consequences of the accident was that one Dharam Chand a passenger sustained fatal injuries & died instantaneously on the spot. His widow, three minor children and his parents fil...
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