Court : Rajasthan Jaipur
..... -7, mansavorar, jaipur. since the petitioner failed to repay the loan amount, notice under section 13(2) of the securitisation and reconstruction of financial assets and enforcement of security interest act, 2002 (here-in-after to be referred to for short as act of 2002) was issued to the petitioner. subsequently, the respondent bank filed an application under section 14 of the ..... act of 2002 before the district collector and district magistrate, jaipur for providing police assistance in order to take the possession of the disputed property. district collector and district magistrate, jaipur .....
Tag this Judgment!Court : Rajasthan Jaipur
..... project. therefore, a fir needs to be lodged against him. 3. the petitioner challenged the said order by filing a revision petition under section 97 of the rajasthan panchayati raj act before the minister for rural development and panchayati raj department. vide order dated 15.09.2009, the hon'ble minister stayed the order dated 10.09.2009. however, since the .....
Tag this Judgment!Court : Rajasthan Jaipur
..... of tax avoided by the assessee, who has concealed any transaction of sale or purchase from his books of accounts or registers required by under section 21 of the act is concerned, the contention of the learned counsel for the petitioner-assessee has some force. if this transaction of sale of hydraulic excavator was not recorded in the books ..... the facts and circumstances of the case; and therefore, they do not give rise to the question of law required to be determined under section 86 of the rst act, 1994. whether the assessee had closed-down business of sale of stones for the year in question or not; whether registration certificate empowers it to sell even the ..... was duly recorded in the books of accounts of the assessee, therefore, the petitioner-assessee was not liable to pay any penalty under section 16 (1) (i) of the act. he relied upon the following judgments in support of his contentions: 1.the state of gujarat v. raipur manufacturing co. ltd., reported in [1967] 19 stc 1 (sc).2 .....
Tag this Judgment!Court : Rajasthan Jaipur
..... 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. secondly, ..... to contend that items imported by the assessee do not fall under any of the items so specified which are sought to be taxed as electrical goods under the rst act, 1994.96. electrical goods excluding electrical fans, desert and room coolers, wires and cables, bulbs and tube-lights, electrical home appliances with their parts and accessories. .... ..... 18a was not even required to be furnished or accompanied with the said goods checked and found in transit on 14.10.2000 as per section 78 of the act; and therefore, there was no question of imposition of any penalty for any deficiency or absence of the said declaration. he also submitted that other relevant prescribed .....
Tag this Judgment!Court : Rajasthan Jaipur
..... has also been refunded and - in absence of holding of any shares of company jmel, it is neither creditor nor contributories as provided u/s 439 of companies act, 1956 ("co. act"); as such, has no right of hearing at the stage of admission of winding up petition. 5. at the cost of repetition, it is reiterated that it ..... either of applicants seeking impleadments that they are contributories and rightly so since for a contributory one has to fulfil conditions as provided u/s 439(4) of co. act, which indisputably are not meted out by either of applicants seeking impleadments. thus, contention advanced by counsel for applicant (genus) that they are creditors of the company on ..... persons having jural relationship with the company, either by reason of a concluded contract or quasi contract alone can be said to be covered u/s 439 of co. act.8. applicant-genus, as alleged, deposited certain payment of employees' dues as also of state government and mere making of payment of certain dues will not make .....
Tag this Judgment!Court : Rajasthan Jaipur
..... person of the deceased was inflicted by fists and kicks and, therefore, it cannot be inferred that there was any intention or even knowledge of the accused that their act was likely to cause death of the deceased. in these circumstances, we find that the finding of the learned trial court acquitting the accused persons of the charge under ..... the accused persons that they will cause the death by strangulation. to us it appears that all of a sudden any one of the accused throttled the deceased which act of one of the accused persons was not shared by the other and so in our opinion in the particular circumstances of this case a common intention cannot be ..... clear from the evidence on record that no weapon was used by the appellants against the deceased. we cannot find any intention or even knowledge to the accused that their act was likely to cause the death of the deceased. the conviction under sec. 302 ipc cannot, therefore, be sustained & it is altered to sec. 325 ipc........22. in .....
Tag this Judgment!Court : Rajasthan Jaipur
..... 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 accessories to ..... : arc carbons are accessories required for use with cinematographic equipment, etc., and fall for taxation under entry 4 of schedule i to the andhra pradesh general sales tax act, 1957, even though they may be used up. they do not fall within entry 38. annapurna carbon industries co. v. state of andhra pradesh [1976] 37 ..... 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
..... /2009 on having purchased lease hold rights through respondent-6 (secured creditor) under securitisation & reconstruction of financial assets & enforcement of security interest act, 2002 (sarfaesi act), but has been dispossessed on 09/03/2010 pursuant to warrant of possession issued by the executing court, jhunjhunu on 05/03/2010 in ..... possession of lease holds rights over mukandgarh property was handed over to petitioner, who indisputably, as assignee of secured creditors (tfci) took possession under sarfaesi act, to which indisputably, neither respondents-2 to 4 nor the borrower/lessee (m/s cross country hotels) raised objection at any stage; and lease holds ..... would in no manner frustrate rights of petitioner for restoration of possession of mukandgarh property having been vested in its favour by virtue of sarfaesi act (supra) and accordingly it is held that the petitioner was unlawfully dispossessed through warrant of possession impugned herein. consequently, writ petition succeeds and is .....
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..... . copy of driving license and identification card of the deceased were recovered from the accused pratap singh on the basis of information given under section 27 of evidence act. necessary memos and site plan were prepared.5. during investigation, seized clothes of deceased, blood stained soil, and shoes etc. were sent for fsl and after ..... innocence lies upon the accused under such circumstances. it seems, therefore, to follow that whatever force a presumption arising under section 106 of the indian evidence act may have in civil or in less serous criminal cases, in a trial for murder it is extremely weak in comparison with the dominant presumption of innocence.46 ..... view of principles laid in musheer khan's case (supra), in a case of murder, only on the basis of presumption under section 106 of the evidence act, the finding of conviction cannot be arrived at because this presumption is extremely weak incomparison with the dominant presumption of innocence.48. in these circumstances, we find .....
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..... of mr. ravindra parihar, the mother, the wife, the son and the daughter. as far as the multiplier is concerned, according to the ii schedule attached with the motor vehicles act, in case the deceased is between the age of 45 and 50, then a multiplier of 13 is to be applied. hence, the learned tribunal was certainly justified in applying ..... been taken as the future prospect. therefore, the learned tribunal should have assessed his income as rs.9,000/- per month. according to the ii schedule attached with motor vehicle act, mr. ravindra parihar would have spent 1/3 of his income upon him. thus, he would have spent rs.3,000/- upon him, and rs.6,000/- upon his family .....
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