Court : Rajasthan
Decided on : Jan-16-2002
Reported in : RLW2003(1)Raj235; 2002(4)WLN223
..... evidence. 22. in the present case, from the evidence on record, it cannot be said that the death of the deceased was directly the result of rash or negligent act on the part of the accused petitioner. in these circumstances, the findings of conviction recorded by the courts below cannot be sustained and they are to be interferred with by ..... in such a situation, accident took place, it cannot be said that the death of the deceased in this case was the directly result of a rash or negligent act of the accused petitioner. the mere fact that the accident would not have taken place if the accused petitioner would have been still more cautious would not be enough to ..... as under :- 'to impose criminal liability under section 304-a ipc, it is necessary that death should have been the direct result of a rash or negligent act of the accused and that act must be the proximate and efficient cause without the intervention of author's negligence. it must be the causa causons: it is not enough that it may .....
Tag this Judgment!Court : Rajasthan
Decided on : Apr-16-2002
Reported in : RLW2003(3)Raj1553; 2002(5)WLC67; 2002(5)WLN426
..... that multiplier cannot exceed 18 years purchase factor. in the instant case, deceased was 40 years of age and the second schedule to section 163-a of the m.v. act, 1988 which can be taken as a guideline provides the multiplier for a different age group of the victims and for the age group from 40 years to 45 years ..... the death of a young boy.9. the tribunal failed to award the interest from the date of application. section 171 of the act provides that where any claims tribunal allows a claim for compensation made under this act, such tribunal may direct that in addition to the amount of compensation simple interest shall also be paid at such rate and from .....
Tag this Judgment!Court : Rajasthan
Decided on : Aug-08-2002
Reported in : (2002)177CTR(Raj)165
..... ) on the ground that under similar circumstances no penalty was levied in the case of sister concern ?' 2. in the proceedings under section 271(1)(c) of the income tax act, a penalty of rs. 19,320 was levied. the commissioner confirmed the penalty. the tribunal held that out of the total addition of rs. 29,267, penalty was rightly imposed ..... by the courtthis reference application at the instance of revenue under section 256(2) of the income tax act, 1961, has been filed seeking opinion of this court on the following questions :'1. whether on the facts and in the circumstances of the case of tribunal is legally justified .....
Tag this Judgment!Court : Rajasthan
Decided on : Mar-19-2002
Reported in : 2002(4)WLC198; 2003(1)WLN30
..... created by a statute, even if its order is, expressly or by necessary implication, made final if the said tribunal abused its power or does not act under the act but in violation of its provisions.20. a constitution bench of the hon'ble supreme court in firm of illury subbayya chetty and sons v. state of ..... the civil court by express provision may not be a complete bar to entertain a suit if party satisfies the civil court that the statutory tribunal has not acted in conformity with the fundamental principles of judicial procedure. moreso, the statutory tribunal must be competent to provide all the remedies normally associated with the actions in ..... and ors., : [1997]2scr12 , the court observed that while entertaining the second appeal, the court should not over-look the change brought about by the amendment act of 1976 restricting the scope of second appeal drastically and now it applies only to appeals involving substantial question of law, specifically set-out in the memorandum of appeals .....
Tag this Judgment!Court : Rajasthan
Decided on : Feb-04-2002
Reported in : [2002(94)FLR1178]; RLW2003(1)Raj109; 2002(3)WLN1
..... in pannalal binjraj v. union of india (15), and ajantha industries v. central board of direct taxes (16). while interpreting section 127 of the income tax act, 1961 the apex court held that recording of reasons for transferring the case from one jurisdiction to another was mandatory and the said reasons must be communicated to ..... industries (india) pvt. ltd., calcutta v. its workmen (13), wherein the apex court categorically held that while passing the order under section 33-b of the act, 1947 the appropriate government must record reasons and the said requirement is to be complied with both, in substance and in letter. merely stating that the withdrawal of ..... apex court observed that the state or its instrumentality must not take any irrelevant or irrational factor into consideration or appear arbitary in its decision. 'duty to act fairly' is part of fair procedure envisaged under articles 14 and 21. every activity of the public authority or those under public duty must be received and .....
Tag this Judgment!Court : Rajasthan
Decided on : Mar-27-2002
Reported in : (2004)86TTJ(NULL)410
..... the parties are admittedly income-tax assessees. the amount given and accepted was duly explained amount. hence, there was no addition made under section 68 of the act.5.8 while interpreting penalty provisions the legislative intent and the object behind the enactment plays important role and has always to be kept in mind. the cbdt ..... cit, bikaner range, bikaner.5. the learned authorised representative made the following submissions :5.1 the transaction with sister-concern was not covered by section 269ss of the act. it is an admitted position of facts that there are transactions between two sister-concerns. the assessing officer and the learned dy. cit both have used the words ' ..... 94.2. in this case, the assessing officer had levied a penalty of rs. 5,05,300 under section 271d of the act for violation of provisions contained in section 269ss of the act which prohibits taking or accepting from any other person any loan or deposit otherwise than by an account payee cheque or account payee .....
Tag this Judgment!Court : Rajasthan
Decided on : Feb-14-2002
Reported in : 2002(2)WLC544; 2002(2)WLN663
..... and spirit of the legislation that gives it power to act and must not act arbitrarily or capriciously.'27. similar view has been reiterated by the hon'ble supreme court in comp: trailer and auditor general of india v. k.s. ..... :-'the power....cannot be arbitrarily or indiscriminatorily exercised....the power is coupled with a duty...the authority must genuinely address itself to the matter before it....it must act in good faith, must have regard to all relevant considerations and must not be shirked by irrelevant consideration, must not shriek to promote alien to the letter ..... authority who can always review its order of suspension as it is an inherent power conferred upon him by the provisions of article 21 of the general clauses act, 1897 and while exercising such a power, the authority can consider the case of an employee for revoking the suspension order, if satisfied that the criminal case .....
Tag this Judgment!Court : Rajasthan
Decided on : Mar-06-2002
Reported in : RLW2003(1)Raj453; 2002(3)WLN383; 2002(3)WLN383
..... (for short 'the samiti') at sri ganganagar and various other places in exercise of powers conferred under section 6 of the rajasthan agricultural produce market act, 1961 (for short the act of 1961). after declaring the boundaries of the principal market yard at sri ganganagar for carrying on business for sale and purchase of the agricultural produce ..... cannot be given retrospective effect. lastly, it was argued that the procedure adopted in the guidelines is discriminatory and runs contrary to the aims and objects of the act of 1961. it is also against the interest of the public. therefore, the above guidelines deserve to be quashed. 15. the learned counsel for the respondents ..... of the shops or auction of the shops and guidelines for above purposes and fixing of the guidelines are certainly instructions for carrying of the purposes of the act and falls within section 34-a. it nowhere abdicates the power of the committee. therefore, the learned single judge was right in holding that the state .....
Tag this Judgment!Court : Rajasthan
Decided on : Jan-09-2002
Reported in : 2002(2)WLC627
..... land in question under section 29. therefore, the authorisation of the state govt. to demand conversion charges under the circumstances similar to one under rajasthan municipalities act is not permissible as per the decision of this court referred to above, and the circumstances in which demand of conversion charges could have been made, does ..... 207. it was a case in which distinction between expression 'subject to other provisions' on the one hand and 'notwithstanding anything contained in other provisions of the act' on the other hand was clearly brought out while considering the interplay of articles 372 and 278 with each other. subha rao, j. speaking for the ..... respondents any further, even if, on principle the correctness of proposition is accepted.13. thus, the distinguishing feature in section 73-b vis-a-vis municipalities act, does not assist the respondents in the present case for coming to different conclusion.14. it was next contended by learned counsel for the respondent that .....
Tag this Judgment!Court : Rajasthan
Decided on : Feb-07-2002
Reported in : 2002(2)WLC391; 2002(5)WLN136
..... collector (land records) also determined the recurring compensation amount payable to the petitioner's father (maharao bhim singh) for such requisitioned land under the requisition act and its rules and such determined annual recurring compensation payable from the date of requisition of land for defence purpose was subsequently revised as already stated herein ..... compound.20. shri mehrish drew my attention to the provisions of sections 106, 107, 112, 114, 127, 131, 132 & 136 of the land revenue act. section 106 deals with survey or resurvey. section 107 pertains to record operations. according to section 127 upon closure of survey and record operations, all applications & ..... b) of section 260 whereby it has been directed that the duties imposed and powers conferred by sections 131, 132 & 136 of the land revenue act on the land records officers shall be performed & exercised by the sub-divisional officers) and accordingly the collector has no jurisdiction to entertain any application under .....
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