Court : Rajasthan
Decided on : May-13-2003
Reported in : 2004CriLJ202; RLW2003(3)Raj1750; 2003(3)WLC761
..... or any prescribed officer superior in command to the one who confirmed such finding or sentence and thus, when a statutory remedy is provided under the act of 1950 itself, the petitioners should have first availed of that statutory remedy before seeking the discretionary remedy under article 226 of the constitution of india ..... procedures and hence, where statutory remedies are available, a petition under article 226 should not be entertained. 11. when a statutory remedy is provided under the act itself, resort must be had to that particular statutory remedy before seeking the discretionary remedy under article 226 of the constitution of india. the high court may, ..... the respondents, they were charge-sheeted through charge-sheet annex. 24 for various offences including for the offences under sections 63 and 64(e) of the act of 1950 and 34 ipc. the sum and substance of the charges levelled against the petitioners was that all the petitioners accepted bribe from some prospective candidates .....
Tag this Judgment!Court : Rajasthan
Decided on : May-13-2003
Reported in : AIR2003Raj335; I(2004)BC283; RLW2004(1)Raj124
..... learned adj no. 7, jaipur city, jaipur whereby issue no. 4 pertaining to the maintainability of the application filed under section 31 of the state financial corporations act 1951 (in short 'theact') has been decided against the petitioners.2. the relevant facts which are not in dispute are that the rajasthan state industrial development and ..... as per the re-scheduled package. the non-petitioner, therefore, took possession of the mortgaged/ hypothecated properties in exercise of its rights under section 29 of the act and recovered rs. 100.00 lac by auctioning the same. for the hypothecated goods which were not available in stock, the petitioner deposited rs. 28,000/- in ..... not that it cannot withdraw or abandon the proceedings initiated under section 31 at 'any stage and then take recourse to the provisions of section 29 of the act. any interpretation which frustrates the right of the corporation to recover its dues must be eschewed. similarly, if in a given case, the corporation has taken .....
Tag this Judgment!Court : Rajasthan
Decided on : May-12-2003
Reported in : (2003)184CTR(Raj)72; [2004]267ITR366(Raj)
..... t.s. balaram, ito v. volkart bros. and ors. : [1971]82itr50(sc) , as according to the tribunal it involved interpretation of the provisions of section 43b of the act.11. apart from the fact, that the proceedings of the assessee's case itself shows that the issue about the allow ability of deduction claimed by him involved a seriously ..... call for any requisite information from the assessee for the assessment year in question and to make a regular assessment within the meaning of section 143(3) of the act.apparently, the status of intimation given under sub-section 143(1)(a) was of provisional nature subject to regular assessment if the ao opts to go for the same ..... the refund and to raise objections thereto on which the ao was obliged to take proceedings to its logical conclusion and pass necessary order under section 143(3) of the act. from asst. yr. 1988-89 onwards, the assessee was given remedy of approaching the assessing authorities under sub-section 143(1)(a) or to prefer an appeal, in .....
Tag this Judgment!Court : Rajasthan
Decided on : May-12-2003
Reported in : RLW2003(4)Raj2203; 2003(3)WLC789
..... could not be denied on the ground that because the petitioner instead of waiting in queue and spending time in seeking a clarification from a local hospital has decided to act with promptitude in the interest of self preservation by taking his wife immediately to an institute approved by the state govt. 10. apart from this, there are two decisions of .....
Tag this Judgment!Court : Rajasthan
Decided on : May-12-2003
Reported in : RLW2004(2)Raj985; 2003(4)WLC206
..... 394 of the companies act, 1956 and according to the said scheme, hotel laxmi vilas palace (respondent no. 4) is to be transferred to respondent no. 3 udaipur hotels private ..... laxmi vilas palace, udaipur, a new shell company was incorporated by the name udaipur hotels private limited (respondent no. 3) under the provisions of the companies act, 1956.the further case of the petitioners is that a scheme has been prepared and filed with the department of company affairs under section 391 read with section ..... india in the ministry of tourism as an autonomous public sector corporation with the objects set out in its memorandum of association. it was incorporated under the companies act, 1956. the government of india owns about 90% of the equity share capital of the corporation and its entire administrative and financial control vests in the government .....
Tag this Judgment!Court : Rajasthan
Decided on : May-09-2003
Reported in : (2003)183CTR(Raj)614; RLW2004(1)Raj644
..... be considered as uninhibited allowable business expenditure, as any other expenses incurred wholly and exclusively for the purposes of business, not otherwise specifically dealt with under the act.13. the core of the issue in this appeal is whether the amount of salary which is the contentious issue between the parties is allowable expenditure in ..... part of expenses forming part of market expenditure in question cannot be disallowed or reduced by invoking sub-sections (3a) and (3b) of section 37 of the act. it was also urged that, what the assessee has incurred by way of marketing expenditure is one consolidated sum debited to mcdowells company. it has not incurred ..... indian made foreign liquor (imfl) manufactured by mcdowells is not allowable, on a conjoint reading of sub-sections (3a) and (3b) of section 37 of the act.8. the contention raised by the learned counsel for the appellant is that part of this amount represents the amount spent on salaries of mcdowells employees. however, salary .....
Tag this Judgment!Court : Rajasthan
Decided on : May-07-2003
Reported in : RLW2003(4)Raj2680; 2003(3)WLC599
..... salary for their whole time work. the constitutional provision prohibiting begar under article 23 of the constitution of india, very rarely made base for challenge to such inhuman acts of the states. unfortunate aspect in this matter is that the employees are suffering continuously since decades and the state despite claiming that the state is giving 90 ..... state and ors. (28), decided on 15.7.1998. the direction of this court mentioned in the order annexure-3 itself makes it clear that the act of the state government of giving appointment to poor persons on consolidated fixed amount was deprecated by the high court and this condemnation is being encashed by the state ..... the sanctioning authority to exercise its discretion to grant or not to grant aid in regard to the items covered under section 7(3) and 7(4) of the act.'and, thereafter, held that :-'selection scale being salary, once the state government has decided to grant aid to the ngei (non-government educational institutions), it will .....
Tag this Judgment!Court : Rajasthan
Decided on : May-05-2003
Reported in : RLW2003(3)Raj1912; 2003(3)WLC648
Garg, J. 1. This writ petition under Article 226 of the Constitution of India has been filed by the petitioner on 24.5.2002 against the respondents with the prayer that by an appropriate writ, order or direction, the impugned order dated 3.5.2002 (Annex. 9) passed by the respondent No. 2 Principal, Sainik School, Chittorgarh by which the services of the petitioner were terminated with effect from 30th June, 2002 holding that his services were now no more required by the respondent No. 1 Sainik School, Chittorgarh, be quashed and set aside and further, the respondents be directed to take the petitioner back in service, as if the impugned order of termination Annex. 9 was not passed, with all consequential benefits.2. The case of the petitioner as put forward by him in this writ petition is as follows :-An advertisement dated 30.9.2000 (Annex. 1) was issued by the respondent No. 1 Sainik School, Chittorgarh inviting applications for recruitment to the post of Librarian and since the peti...
Tag this Judgment!Court : Rajasthan
Decided on : May-02-2003
Reported in : RLW2003(3)Raj1955; 2003(3)WLC579
Garg, J.1. This writ petition under Article 226 of the Constitution of India has been filed by the petitioner on 27.11.1997 against the respondents with the prayer that by an appropriate writ, order or direction, the respondent No. 2 the District Establishment Committee, Zila Parishad, Churu be directed to allot the petitioner to any Panchayat Samiti within its jurisdiction (Churu (District) for appointment to the post of Teacher Gr. III and the respondents be further directed to appoint the petitioner on the post of Teacher Gr. III on and from the date persons lower in merit list to the petitioner have been appointed, with all consequential benefits.2. The case of the petitioner as put forward by her in this writ petition is as follows :-The petitioner passed her Secondary School Examination from the Board of Secondary Education, Ajmer in the year 1987, a copy of the mark-sheet is marked as Annex. 1. Thereafter, the petitioner passed her Higher Secondary School Examination from the Bo...
Tag this Judgment!Court : Rajasthan
Decided on : May-02-2003
Reported in : 2003CriLJ4162; RLW2003(4)Raj2540; 2003(4)WLC333
..... of sadhuram, murari lal inflicted knife blow on his ear and nose but according to the statement of investigation officer kanhaiya lal, murari lal informed him under section 27 evidence act that he could recover lathi used in commission of offence and on the basis of said disclosure statement of murari lal, lathi was recovered. (iv) kanhaiya lal also stated that ..... difficult to find witness who has not made any embellishment or exaggeration and therefore, in such case court would be justified in separating the chaff from the grain and then act upon the grain....'16. for the purpose of considering the case of ram kunwar when we look at the prosecution evidence we find that all the eye witnesses consistently deposed .....
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