Court : Rajasthan
Decided on : Aug-28-2003
Reported in : AIR2003Raj340; RLW2004(1)Raj373; 2004(1)WLC201
..... dealt with, by an appropriateorder in judicial review proceedings wherethe court concludes that the decision is suchthat no authority properly directing itself onthe relevant law and acting reasonably couldhave reached it.'63. the grant of contract provides as a first step a provisional selection. respondent no. 5 was provisionally selected. thereafter, ..... spirit. it would not have been unreasonable if the tender was not accepted by the answering respondent. that would have meant that the state is not acting rationally or with reasonableness. as per the report of the state government, the procedural impropriety has not been in the process and, therefore, the ..... .35. the petitioner is narrating the events as they appeared in the newspaper report. it is inadmissible in accordance with the principles enunciated in the evidence act. the petitioner's contention is that he was prevented from bidding. this is not supported by any cogent evidence and, therefore, without foundation. under the .....
Tag this Judgment!Court : Rajasthan
Decided on : Aug-26-2003
Reported in : RLW2004(1)Raj49; 2003(4)WLC563
..... purpose of either party.20. the other grounds of eviction are sub-letting, creation of nuisance and inconsistent use of the premises. section 13 (1) (e) of the act provides that where the tenant has assigned, sub-let or otherwise parted with the possession of, the whole or any part of the premises without the permission of the landlord ..... during the pendency of this appeal. therefore, the defendant was and is entitled to benefit to first default as provided under sub-section (6) of section 13 of the act. however, the trial court did not record any such finding. further, it is made clear that excess rent amount deposited in compliance of the order of the trial ..... new finding of default in payment of rent from october 1983 was impermissible. section 13 (1) (a) of the rajasthan premises (control of rent and eviction) act, 1950 (in short the act,) provided that one of the grounds of eviction would be where the tenant has neither paid nor tendered the amount of rent due from him for six months .....
Tag this Judgment!Court : Rajasthan
Decided on : Aug-18-2003
Reported in : AIR2004Raj1; RLW2003(4)Raj2490; 2003(4)WLC472
..... . children can experience neuropsychological problems, retardation etc.22. as already noticed, the waste water contains copper (cu) as well. according to this report, large concentration (2 mg/day) of copper acts as intestinal irritant leading to vomiting. the report of rspc also reflects that presence of cr, pb, fe and magnesium (mg) have crossed the permissible limits in drinking water. presence .....
Tag this Judgment!Court : Rajasthan
Decided on : Aug-01-2003
Reported in : (2003)184CTR(Raj)563; [2004]271ITR545(Raj)
..... tribunal has attained finality. 12. the learned counsel for the assessee admits that the revenue has not filed any application before this court under section 256(2) of the act, for direction to the tribunal to send the statement of the case and refer the question no. 3. 13. in these undisputed facts we find sufficient merits, substance ..... tribunal concluded that search was not complete till 14th of oct., 1987 and thus the assessee earned the immunities under expln. 5 of section 271(1)(c) of the act, 1961. 9. on merits the learned tribunal held that the penalty imposed cannot survive. the learned tribunal recorded a finding of fact that as per the departmental valuation, ..... j. 1. heard the learned counsel for the parties. 2. it is not in dispute that the revenue in its application under section 256(1) of the it act, 1961 (for short, 'the act, 1961') had proposed the following three questions, which are stated to be of law, for referring the same to this court for its opinion. '1. whether, .....
Tag this Judgment!Court : Rajasthan
Decided on : Jul-28-2003
Reported in : RLW2004(3)Raj1578; 2004(1)WLC459
..... would not adversely affect the service career of the petitioner. moreso, the criminal court has no competence to pass an order under the probation of offenders act, 1958 inteferring with the service career of the convict.suppression of material fact:-22. it is settled proposition of law that when a person approaches for employment ..... petitioner was convicted by the criminal court. however, instead of sentencing him to any imprisonment, the trial court granted the benefit under the probation of offenders act to him, which does not obliterate the fact of prosecution and conviction by the court. the suppression of such material fact by itself disentitles the petitioner to ..... against the petitioner, the word 'no' has been filled up in the form; the petitioner had been granted the benefit under the probation of offenders act as the offence did not involve moral turpitude; in the verification roll it has categorically been mentioned by the district magistrate that according to the judgment of .....
Tag this Judgment!Court : Rajasthan
Decided on : Jul-28-2003
Reported in : (2003)185CTR(Raj)67; [2004]270ITR271(Raj); RLW2004(2)Raj899; 2003(4)WLC544
..... action or there has been a contravention of fundamental rights of the appellants or there has been a violation of the rules of natural justice or that the officer acted under the provisions of law which is ultra vires.5. the grievance is made and justification has been given to come directly to this court by circumventing the ..... tribunal to take the action or there has been a contravention of fundamental rights or there has been violation of rules of natural justice or where the tribunal has acted under the provisions of law, which is ultra vires, then notwithstanding the existence of an alternative remedy, this court can exercise its jurisdiction to grant relief. in ..... t(a), it department. we fail to see how in the matter the writ petition is maintainable. the application filed by the appellant under section 154 of the it act has also been rejected by the officer concerned.4. it is true that an alternative remedy does not divest this court of its powers to entertain petitions under articles .....
Tag this Judgment!Court : Rajasthan
Decided on : Jul-23-2003
Reported in : (2003)184CTR(Raj)365; [2005]272ITR613(Raj)
1. on an application under section 256(1) of the it act, 1961, tribunal has referred the following question for the opinion of this court :'whether, on the facts and in the circumstances of the case, the tribunal was justified in law .....
Tag this Judgment!Court : Rajasthan
Decided on : Jul-23-2003
Reported in : (2003)185CTR(Raj)619
..... the following questions :1. whether, on the facts and in the circumstances of the case, the tribunal, after construing and interpreting the provisions contained in section 69a of the it act, 1961, was right in law, in holding that the assessee was the owner of 144 silver bars found at premises no. a-11 and a-12, sector vii, ..... circumstances of the case, there was any material available with the tribunal to come to a conclusion that the brden which lay upon the ao under section 69a of the it act, 1961 to prove the ownership, in absence of any independent material or evidence available with him, stood discharged ?8. whether, on the facts and circumstances of the case ..... or material so gathered ?5. whether the order of the customs authorities constituted a valid evidence within the meaning of section 69a r/w section 132 (4a) of the it act, 1961 to come to a conclusion that the assessee was the owner of 146 silver bars ?6. whether the mere possession of 146 silver bars was sufficient material for .....
Tag this Judgment!Court : Rajasthan
Decided on : Jul-14-2003
Reported in : (2003)185CTR(Raj)601; [2003]264ITR744(Raj)
..... assessing officer on november 9, 2000, making variation in the calculation computing the interest as made by the assessee under sections 234b and 234c of the act.5. aggrieved by the aforesaid additions made to the admitted liability to pay interest by the assessee while exercising jurisdiction under section 143(1), the assessee preferred ..... made in the computation of interest under section 234b. only the issue with respect to addition on account of interest computation under section 234c of the act survives.8. the assessee's contention in that regard has been, firstly that the assessing officer was not justified in making such recomputation of interest chargeable ..... on which two views are possible without having recourse to regular assessment proceeding after issuing notices under section 143(2). as noticed above, since the amendment act, 1999, any such discretion in the assessing officer to make prima facie adjustment of any claim made by the assessee, or the liability admitted by the .....
Tag this Judgment!Court : Rajasthan
Decided on : Jul-08-2003
Reported in : (2003)184CTR(Raj)555; [2004]267ITR466(Raj)
..... published in the journal. thereafter, assessee carried the matter before the tribunal. the tribunal has also upheld the view taken by cit under section 263 of the it act, 1961. 7. mr. ranka, learned counsel for the assessee-petitioner submits that when assessee received the amount against the advertisement in journal which is circulated out ..... cost.' 'the dictionary meaning of the word 'advertisement' is to give public information and to draw attention or to offer for sale by public notice. the act of asking anything by public notice amounts to advertisement. in our considered view advertisement charges cannot be said to be on account of sale of printed material for ..... or produce any thing. this court has taken the view that they manufacture and produce the goods, therefore, they are entitled for investment allowance under section 32a of the act, 1961. 14. in the case of bajaj tempo ltd. v. cit : [1992]196itr188(sc) , there was no dispute before their lordships whether a particular activity .....
Tag this Judgment!