Court : Rajasthan
Decided on : Feb-08-1994
Reported in : [1994]207ITR632(Raj); 1994(1)WLC510
..... judicial magistrate (economic offences), jaipur, dated august 17, 1991, whereby the charges have been framed against the petitioners for the offence under section 277 of the income-tax act, 1961. since a common question is involved in all these three petitions, for the sake of convenience, i dispose of them by this common order.2. the ..... firm and assessed as such. not only that, the prosecution also lodged against the partners for offences under section 277 read with section 278 of the income-tax act, 1961, as well as section 477a of the indian penal code, and complaint to this effect was filed in the court of munsif and judicial magistrate, barmer, ..... the accused petitioners were discharged for the offences under section 277 read with section 278 of the income-tax act and only framed the charges against the accused petitioners for the offence under section 277 of the income-tax act. out of six, only three witnesses have been examined by the prosecution, that too pre-charge witnesses. .....
Tag this Judgment!Court : Rajasthan
Decided on : Oct-18-1994
Reported in : 1995CriLJ2295; 1995(3)WLC150
..... ' association whether such person is be of that association or not, take cognizance of that offence without the accused being committed to it for trial.'the act has been enacted in the interest, of general public and intends to provide for the control of production, supply or distribution or trade and commerce in ..... interference.6. the only question, which calls for determination in the present case, is: whether the police has power to investigate the matter under the essential commodities act for the contravention of the order, 1976, or the power exclusively vests in the authorities/officers authorised under clause 24 of the order, 1976? the state government ..... special judge accepted the contention raised by the learned counsel for the acccused and held that the police had no power to investigate into the matter under the act and the powers vest in the officers authorised under clause 24 of the rajasthan food-grains and other essential articles (regulation of distribution) order, 1976 (for .....
Tag this Judgment!Court : Rajasthan
Decided on : May-20-1994
Reported in : (1996)ILLJ389Raj; 1995(1)WLC706
..... may, subject to such conditions, if any, as it may think fit to impose, direct that the provisions of this act shall not apply in relation to the wages to disabled employees. (2) the appropriate government may, if for special reasons it thinks so fit by notification in the ..... prescribes the procedure for fixing and revising minimum wages and under section 26. the appropriate government in case it so thinks fit can suspend the provisions of the act in certain contingencies. the provisions contained in the said section are reproduced hereunder for the facility of reference:'26. exemptions and exceptions. (1) the appropriate government ..... respondents no. 1 and 5 it is stated that the petition was misconceived. the notification annex. 5 had been issued under section 26(2) of the act and therein the procedure prescribed under sub-section (2) fully arms the appropriate government for special reasons, if it thinks so fit by notification for such period .....
Tag this Judgment!Court : Rajasthan
Decided on : Jul-11-1994
Reported in : [1995(71)FLR593]; (1995)ILLJ914Raj; 1994(2)WLC735; 1994(2)WLN202; 1994(2)WLN79
..... the learned counsel, are analogous to the execution proceedings and the labour court has no jurisdicti6n to award interest in a claim petition under section 33c(2) of the aforesaid act. learned counsel has supported his contention on the case laws reported in (a) 1984 (2) service law journal 576 (delhi) page 21; (b) (1964 (2) labour law ..... 1967 raj. 24 a decision of this court, interest was awarded on the basis of implied agreement on equitable considerations even though there was no provision in the act in regard to payment of interest. that case relates to acquisition of land by the former state of bikaner and is hardly relevant to the controversy raised in the ..... (anncx.2) was sent which is staled to have gone unnoticed.even the undisputed amount was not remitted. an application under section 33(c)(2) of the aforesaid act was moved before the labour court for the recovery of the undisputed amount, earned leave, bonus, which is said to have been illegally retained by the respondent no.2 .....
Tag this Judgment!Court : Rajasthan
Decided on : Jul-13-1994
Reported in : 1994CriLJ3652; 1995(1)WLC666; 1994(2)WLN395
..... that an application dated 28-6-1994 was made by society abhiyan through its secretary govind mathur saying that the applicant is a society registered under the rajasthan societies registration act and from the aforesaid death note it was clear that a group atleast of six persons besides jitendra accused involved in the racket of beguiling young girls and even after ..... and circumstances the local police has not fairly conducted the investigation in the matter.4. it is alleged that the accused being highly influential and connected, the local police has acted under their influence. the facts as emerged out from the petition may be summarised, miss. swati, a student of m.a. geography died in mysterious circumstances on 13-3-1994 .....
Tag this Judgment!Court : Rajasthan
Decided on : Nov-15-1994
Reported in : [1995(71)FLR740]; (1999)IIILLJ1401Raj; 1995(1)WLC565
..... file an affidavit explaining the prime objection of the petitioner in respect of the compensation of notice pay as contemplated by section 25f of the i.d. act. one bhagwati shanker filed an affidavit on july 3, 1993 stating that the respondent did not appear before the medical board constituted to ascertain his correct age ..... and the executive lays down the conditions of service by making rules under the proviso to article 309 of the constitution. the courts are to see that executive acts fairly and gives a fair deal to its employees. the normal rule, of course, is regular recruitment through the prescribed agency but exigencies of administration may ..... termination order itself, therefore, the learned single judge has erred in holding that the termination order was passed in contravention of section 25f of the industrial disputes act. he has contended that the learned single judge has erred in granting relief of regularisation on the basis of affidavit filed by the respondents in the year .....
Tag this Judgment!Court : Rajasthan
Decided on : Feb-09-1994
Reported in : (1995)IILLJ206Raj; 1994(2)WLC609; 1994(1)WLN235
..... court and to get consequential benefits.6. accordingly, writ petition is allowed. the retrenchment order annexure 9 being in contravention of section 25f of the industrial disputes act is held to be void and quashed. however, since the petitioner has already superannuated, no order of re- in statement is passed. the respondents are ..... court in this petition inter- alia on the ground that the retrenchment order dated september 8, 1982 is also violative of section 25f of the industrial disputes act, inasmuch as the petitioner was not paid the compensation as required under section 25f(b) alongwith the termination of his service. from november 27, 1965 ..... court, udaipur, dated march 15, 1979 inter-alia on the ground that retrenchment was effected without following the mandate of chapter v b of the industrial disputes act. a writ petition against that order was also dismissed by this court and the petitioner was reinstated with all consequential benefits. thereafter, vide impugned order dated .....
Tag this Judgment!Court : Rajasthan
Decided on : Mar-02-1994
Reported in : (1994)119CTR(Raj)312; [1994]210ITR711(Raj); 1994(1)WLN403
..... of cognizance of the offences.4. the income-tax officer while making the assessment for the year 1974-75 referred the matter under section 16a of the wealth-tax act to the valuation officer and the value of rs. 12,68,000 was adopted after giving the opportunity to the assessee. an appeal was preferred before the appellate ..... the plots on the relevant valuation date could not be more than rs. 3,00,000 in view of the provisions of the rajasthan urban property (restriction on transfer) act, 1973, is perverse and contrary to the material on record ?' 2. the brief facts of the case are that the state legislature enacted the rajasthan urban property ( ..... the facts and in the circumstances of the case, the income-tax appellate tribunal was justified in holding that the provisions of the rajasthan urban property (restriction on transfer) act, 1973, were applicable for determining the market value of the plots for the purposes of the wealth-tax on the relevant date of valuation ? 2. whether, on the .....
Tag this Judgment!Court : Rajasthan
Decided on : Mar-04-1994
Reported in : [1995]211ITR333(Raj)
..... , j. 1. this writ petition has been filed with the prayer to quash the order dated november 3, 1987, passed under section 279(1) of the income-tax act, 1961 (hereinafter called 'the act'), and also to set aside the criminal complaint and the proceedings pending in the court of the special judicial magistrate (economic offences), jaipur, in criminal case no. 282 ..... which it claimed as alleged bad debts and alleged payment of commission, etc. it was held that the assessee had committed an offence punishable under section 276c(1) of the act. the entries of bad debts of rs. 1,63,153 were made on the last date of the relevant assessmentyear 1981-82. a sum of rs. 4,74,062 was .....
Tag this Judgment!Court : Rajasthan
Decided on : Sep-28-1994
Reported in : (1996)IIILLJ1144Raj; 1995(3)WLC462
..... several grounds in the memo of appeal. however, this appeal was also dismissed.6. the petitioner, therefore, applied for raising an industrial dispute u/s 10 of the industrial disputes act, 1947. however, the state government declined to make a reference on appreciation of the contentions on merit. this obviously was an a illegality. it is, thereafter that the present petition .....
Tag this Judgment!