Court : Rajasthan
Decided on : Feb-26-1980
Reported in : (1980)15CTR(Raj)180; [1981]127ITR308(Raj)
..... comprehensive enough to include all proceedings of assessment, reassessment and for reopening the completed assessment. according to him, proceedings for reopening under section 17 of the act are nothing but a continuation of the process of assessment and reassessment only.27. it is common ground between the parties that all the five cases of ..... assessment because a completed assessment can always be challenged before a hierarchy of authorities by way of appeal, revision, reference, etc., under the provisions of the act. if that is done, the question of assessment again becomes open before the appellate or revisional forums and in a given case, on proper proof of ..... writ applications, any relevant material, data, details or reasons providing a justification for the reopening notices under section 17(1)(a) or (b) of the act, nor any such ground or reason which could have justified them, have been further substantiated by references to the primary facts earlier disclosed by the assessee and .....
Tag this Judgment!Court : Rajasthan
Decided on : Jan-25-1980
Reported in : 1980WLN119
..... payable, or the apportionment of compensation among the persons interested. the court, therefore, has no jurisdiction to issue any such direction in a reference under section 18 of the act. it is, therefore, not necessary for us to examine this matter on merits at all more over, under sub-section (1) of section 31, it appears that ..... relation to such acquisition as if sub-section (2) of section 23 had been omitted. the question of validity of the aforesaid provision in the housing scheme land acquisition act. came up for consideration before this court in s.b. civil writ petition no. 1712 of 1971-burmah shell oil storage distributing co., v. state of rajasthan and ..... standard. the land acquired has, therefore, be to valued not only with reference to its condition at the time of the declaration under section 4 of the act but its potential value also must be taken into account. the sale deeds of the lands situated in the vicinity and the comparable benefits and advantages which they have .....
Tag this Judgment!Court : Rajasthan
Decided on : Mar-21-1980
Reported in : 1980WLN483
..... follower of divine light mission and is one of its whole time active members since 1961. the divine light mission is a society registered under the societies registration act and was founded to propagate spiritual message the founder was satgurudev shri hansji maharaj, who has since expired. the present patron is smt. rajeshwari devi popularly known ..... as shri mataji, the wife of the founder after the death of shri hansji maharaj his youngest son, accused no. 1 prempal singh ravat, popularly known as bal yogeshwar was recognised as the spiritual head of the mission. although the mission does not recognized any office like the spiritual head nor does the spiritual head is ..... mission, the accused no. 1 was removed from the spiritual headship on 2nd april, 1975, and his eldest brother shri satpal singh ravat, popularly known as shri bal bhagwan was recognised as its spiritual head. this greatly infuriated accused no. 1 and 2.2. all the accused in conspiracy with each other in order do malign, .....
Tag this Judgment!Court : Rajasthan
Decided on : Mar-07-1980
Reported in : 1980WLN447
G.M. Lodha, J.1. Dowry hungry vultures, having failed, in getting T.V. Frieze, Scootor and coins of Rs. 25,000/- (price for selection as Tehsildar) started teasing, taunting insulting and creating untolerable torture, resulting in severe mental agony, apathy for such disgraceful beastly life and nervous break down of an innocent, beautiful educated yet helpless newly married girl, who was thus forced to commit suicide by burning herself alive such is the tragic' pathetic, hair raising, heart breaking, nerve cracking, conscious shocking and society rocking, one line prosecution story of Urmilla the deceased and crime of abatement of suicide by husband Ashok Kumar and his dowry starving family members. Yet the prayer is for extraordinary, exceptional judicial favour of bail without jail', by the alleged 'dowry devils'. Urmilla's 'death will' is as under: (Reproduced from police Diary):eq>s ugh irk vki yksxks ds tgu es bruk fo'k Hkjk iM+k gS vki ,d ,d djds vkjksi eq> ij yxkrs jgs ysfdu vk...
Tag this Judgment!Court : Rajasthan
Decided on : Sep-06-1980
Reported in : 1980WLN444
k.d. sharma, acting, c.j.1. in this petition of the nature of habeas corpus under article 226 of the constitution of india, the petitioner complains against his detention in c.r. no. .....
Tag this Judgment!Court : Rajasthan
Decided on : Sep-08-1980
Reported in : 1980WLN472
..... and april 2, 1980, and instead hold that he has no jurisdiction to try mahavir singh and sumer singh alia sumelia, who are admittedly children as defined in the act. the jurisdiction to deal with the children lies exclusively with the children's court ajmer. all the proceedings so far held in respect of the children by court and ..... learned additional sessions judge, that he discovered some repugnancy between section 27 of the new code, which is legislation enacted by the parliament, and section 58 of the act which is legislation enacted by the legislature for the state of rajasthan. holding that the law made by parliament must prevail in preference to the law made by the ..... , direct him to be released on probation of good conduct or make an order directing that the child be sent to a special school. section 22 of the act makes it further clear in so many words that, notwithstanding anything contrary contained in any other law for the time being in force, so delinquent child shall be .....
Tag this Judgment!Court : Rajasthan
Decided on : Feb-11-1980
Reported in : 1980WLN79
..... of ordinance no. 4 of 1949 a proper construction and interpretation of section 4 of ordinance no. 4 of 1949 clearly exhibits that it was intended to repeal all acts, bye laws, rules and notifications which were in force in the erstwhile native states which were comprised in the united states of rajasthan. the intendment is clear and ..... rule-making authority may be it is impossible to avoid some hiatus between the coming into force of the re-enacted statute and the simultaneous repeal of the old act and the making of regulations often, the time lag would be considerable, it is conceivable that any legislature'; in providing that regulations made under its stature will ..... set aside.4. the respective contentions of the learned counsel for the parties have been considered and the record of the cases carefully perused. the u.p. municipalities act, 1916 was made applicable to the erstwhile state of bundi in 1947. this position is not disputed by any of the parties. the impugned bye-laws were framed .....
Tag this Judgment!Court : Rajasthan
Decided on : Jan-01-1980
Reported in : 1980WLN(UC)31
..... had been living separately since 1964 and in view of the relations between the parties the court should have granted a decree for judicial separation under section 13a of the act, as section 13a provides for an alternative relief of a decree for judicial separation in divorce proceedings, when the court considers it just to do so having regard to ..... learned counsel. we may read section 15a here, so as to deal with the contention of shri kala:13. as alternate relief in divorce proceedings. in any proceedings under this act, on a petition for dissolution of marriage by a decree of divorce, except in so far as the petition is founded on the grounds mentioned in clauses (ii), (vi) ..... stated that section 13a does not add a new ground for obtaining a decree for judicial separation. the petition for judicial separation can be moved under section 10 of the act on any of ground specified in sub-section (1) of section 13 and in the case of wife, also on any of the ground specified in sub-section (2) .....
Tag this Judgment!Court : Rajasthan
Decided on : Feb-02-1980
Reported in : 1980WLN(UC)74
..... proceedings before the divisional irrigation officer and the collector under section 22 and section 24 of course stand on different footing. the divisional irrigation officer acts purely as an administrative officer and his proceedings are of administrative nature but when the matter is considered by the collector, it partakes the character of ..... the respondents here before this court, is irrelevant for adjudicating the nature and character of the order passed by the divisional irrigation officer under the act while first refusing to sanction the new water channel and then reviewing that order by ordering or recommending the construction of the same water channel.6 ..... workmen : (1970)iillj256sc and state, of madras v. cp sarothy : (1953)illj174sc and held on the analogy of section 10 of the industrial disputes act that the administrative authorities are not deprived of their jurisdiction by rejecting the prayer once for making reference to the industrial tribunal and they can always make the .....
Tag this Judgment!Court : Rajasthan
Decided on : Sep-25-1980
Reported in : 1980WLN635
..... section 58, as amended by the rajasthan act, is as under:(2) a permit may be renewed on an application made and disposed of as if it were an application for a permit:provided that ..... by the tribunal in this respect, which could not be interfered with by this court in writ proceedings.14. moreover, the rajasthan amendment of the motor vehicles act regarding section 58 also provides for giving preference to the state transport undertaking over applications for renewal from an individual or cooperative society. sub-section (2) of ..... provisions of subsections (3) of section 58 regarding condonation of delay in making an application for renewal of a permit, the applicability of section 5 of the limitation act in such matters is excluded. in this context, bhagwati j., speaking for the court, observed as under:this provision may seem harsh, but it has been .....
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