Court : Rajasthan
Decided on : Oct-01-1986
Reported in : AIR1987Raj174; 1987(1)WLN548
..... so that prescribing of different conditions of eligibility does not ipso facto result in violation of article 14 of the constitution. moreover, for entry into medical colleges there is a definite recommendation of the medical council of india prescribing the minimum age limit, while no corresponding recommendation of any body of experts relating to the engineering colleges has been shown to ..... the field, is also required to prescribe the minimum standards of medical education. it is also empowered by the act to make regulations generally to carry out the purpose of the act and particularly for the matters specified expressly in section 33 of the act. one of the recommendations made by the medical council of india in exercise of its statutory power is that ..... minimum age limit prescribed for the purpose and a candidate should be eligible for admission on passing the qualifying examination, which is the first year of the three years degree course after passing the higher secondary examination. based on the normal calculation, learned counsel concedes that ordinarily minimum age of a candidate at the time of passing the qualifying ..... since the division bench deciding pramil gupta's case (supra), or cannot be read in the manner suggested by the learned single judge making this reference. the aforesaid questions nos. 2 and 3 need not, therefore, be answered.11. consequently, our answers to the questions referred to us for decision are as under : --(1) the impugned provision prescribing the .....Tag this Judgment!
Court : Rajasthan
Decided on : Jul-18-1986
Reported in : 1986WLN(UC)368
..... the rules for recruitment to the haryana civil services (executive branch) and other allied services.12. in dr. dinesh kumar and ors. v. motilal nehru medical college, allahabad. : air1985sc1059 it was observed by their lordships of the supreme court as under:now it is necessary to point out that the number of ..... 7, 1985 and according to the university ordinances, after passing the final mbbs it was necessary to complete one year rotating internship before conferring the mbbs degree. under clause (d) of ordinance 268 a relaxation not exceeding 30 days was permissible in hard and genuine cases under very exceptional circumstances on the ..... of the principal to condone any further period. it was further submitted by mr. khan that so far as the principal is concerned, he had acted in good faith, and had taken prompt action without any delay on his part. it was also submitted that the principal shall abide by any directions ..... the best efforts of the petitioner this hon'ble court was pleased to pass an order on 11-7-1985 directing the respondent nos. 1 and 2 to permit the petitioner to join the rotating internship prescribed for the mbbs course. it has been submitted that though the petitioner had submitted the ..... circumstances of the case may kindly be granted in favour of the petitioner;(g) cost of the writ petition be allowed in favour of the petitioner.2. learned single judge by order dated may 19, 1986 observed as under:this would show that except securing zero mark in the long case in .....Tag this Judgment!
Court : Rajasthan
Decided on : Aug-22-1986
Reported in : 1986(2)WLN685
..... the petitioner along with his father came back to their village in rajasthan. the petitioner joind iind year of three year degree course in the maharana bhopal college, udaipur. meanwhile pre-medical test for admission in mbbs course in medical colleges in rajasthan was held in 1984 and the petitioner in order to prepare for this test did not appear in ..... intelligent mind, they would have had no adequate opportunities for development so as to be in a position to compete with others. so also students belonging to the weaker sections who have not, by reason of their specially or economically disadvantageous position, been able to secure education in good school would be at a disadvantage compared to students belonging ..... bombay in 1982. the petitioner could not appear in 1982 examination because of serious illness of his father. however, the petitioner appeared for higher secondary certificate examination (10 plus 2) pattern from maharashtra state board of secondary & higher secondary education, pune. petitioner passed this examination in march 1985 in first division. by this time the father of the ..... /corporations/improvement trust/municipal board/ panchayat samities/cooperative bodies duly constituted by the government of rajasthan;or(iii) statutory bodies and corporations formed under the indian companies act incorporated in rajasthan;or(iv) he/she is a son/daughter of an employees of university in rajasthan or higher secondary board of education (rajasthan) provided for category ( .....Tag this Judgment!
Court : Rajasthan
Decided on : Mar-21-1986
Reported in : 1986WLN(UC)114
..... did not come out with the full story at an early date and gave out the details in order to match their version with the medical evidence. the witnesses who were not named, have subsequently become witnesses of the incident on account of relationship and these factors cannot be attributed to ..... lodged at the police station. the manner in which that part of the incident occurred was revealed only when shyamlal and ramnath were examined under section 161 cr.pc. the version about the incident which occurred in niroti's field is that he, along with ramnath. shyamlal and amarsingh were collecting ..... when the murder committed is gruesome, then the rule of prudence is that there should be a high degree of proof about the crime. according to him, fouler the crime, higher the degree of proof required. the next contention is that gangeram is the solitary witness of the murder of sonkhia ..... sessions judge no. 2 dholpur, in sessions case no. 21/1979, for offences under sections 302, 326, 325, 324, 323, read with section 149 of the indian penal code. the appellants sriya and rasham have been convicted for the substantive offence of section 302 ipc and also under section 27 of the arms act. they have ..... and the testimony of a solitary witness has to be examined with caution. a solitary witness has to be a witness of sterling-worth before acting on his evidence and .....Tag this Judgment!
Court : Rajasthan
Decided on : Oct-16-1986
Reported in : 1987WLN(UC)31
..... court of sessions judge sri ganganagar. the learned sessions judge framed a charge under section 302/114, ipc against accused deshraj and under section 302, ipc and sections 27 and 25 of the arms act against accused krishna kumar. both the accused pleaded not guilty and claimed to be ..... krishna kumar, is open to grave doubt and cannot be accepted. there can be an honest mistake or an over zealous act on their part in pointing out the appellant krishna kumar as the person when they had seen fleeing away from the plat-form ..... worth of no credence. he, therefore, rejected these two sets of evidence as they furnish no incriminating material against the appellant. pw 2 rustome hind, who was standing hand in hand with the deceased victim khan mohammed lent no support to the prosecution. he deposed ..... him as under:_______________________________________________________________________________s.no. offence u/s sentence awarded_______________________________________________________________________________(1) 302, ipc imprisonment for life ;(2) 27, arms act six months' rigrous imprisonment ;(3) 25(1)(a), arms act six months' rigorous imprisonment._______________________________________________________________________________2. briefly stated, the prosecution case is that pw 13 mam kauri was ..... place of incident. the postmortem examination over the victim's dead body was conducted by the medical jurist dr. goyal (pw 15). he noticed the following injuries on the dead body:external(1) gun shot 1' x 1 .....Tag this Judgment!
Court : Rajasthan
Decided on : May-12-1986
Reported in : 1986(1)WLN577
..... duties of the board have been specified and subject to such reasonable provision as may be made under section 98 every board shall make reasonable provision for the special matters contained in section 99 of the act such as providing special medical aid and accommodation for the sick in times of dangerous disease and taking such measures as may be ..... have the licences renewed on payment of fee and this right cannot be denied for extraneous reasons; that the decision of the respondents nos. 2 & 3 is beyond the scope of section 90 of the act as well as the bye-laws4. before i take up the reply filed on behalf of the respondents and arguments advanced, it will be ..... municipal council, free and fair opportunity to all advertisers and to check and discourage profiteering defaults and malpractices was provided. as per the case of the respondents nos. 2 and 3 the renewal applications have been duly considered and the letters were issued to the petitioners; providing opportunity for personal hearing but shri roop chand maheshwari did not ..... writ petition for which renewal has been prayed.____________________________________________________________________s. no. of writ petition name of petitioner hoardingsno.____________________________________________________________________(1) 602/1986 roop chand maheshwari, 25m/s rajasthan publicity centre.(2) sbcw no. 542/86 m/s national advertising co. 65(3) sbcw no. 562/86 rainbow advertising services 5(4) sbcw no. 563/86 selvel advertising pvt. ltd .....Tag this Judgment!
Court : Rajasthan
Decided on : Apr-14-1986
Reported in : (1986)54CTR(Raj)188; 164ITR148(Raj); 63STC203(Raj)
..... . 40 lakhs or whose professional receipts exceed rs. 10 lakhs alone for submiting audited accounts. in this connection, learned counsel for the petitioner invited my attention to the definition of 'assessee' as given in section 2(7) of the income-tax act, which reads as under : ' 'assessee' means a person by whom any tax or any other sum of money is payable under this ..... the central board of direct taxes. for the purposes of the proposed provision, the term 'accountant' will have the same meaning as in the explanation below sub-section (2) of section 288 of the income-tax act. the expression 'specified date', in relation to the accounts of any accounting year or years relevant to any assessment year, would mean the date of the expiry ..... own people, that its laws are directed to problems made manifest by experience and that its discriminations are based on adequate grounds ; (d) that the legislature is free to recognise degrees of harm and may confine its restrictions to those cases where the need is deemed to be the clearest; (e) that in order to sustain the presumption of constitutionality, the ..... counsel has referred to the definition of 'turnover' as given in random house dictionary, 1972 edn., at page 1418, which reads as under : ' the total amount of business done in a given time.' 43. in webster's third new international dictionary, it has been defined as under: ' the amount of business done; degree of business activity' (page 2469). section 44ab clearly contemplates that .....Tag this Judgment!
Court : Rajasthan
Decided on : Jan-02-1986
Reported in : 64CompCas613(Raj)
..... is a motor cab which is defined in section 2(15) of the motor vehicles act as any motor vehicle constructed, adapted or used to carry not more than six passengers excluding the driver for hire or reward. the tourist taxi which was involved in the accident in this case, will definitely come under the said definition of ' motor cab'. therefore, in view of the ..... view of the aforesaid decision given by their lordships of the supreme court, difficulty arose in interpreting the provisions of sub-clause (4) of clause (b) of sub-section (2) of section 95 of the act. different views were expressed by different high courts and in these circumstances, the above question has been referred to a larger bench by the learned single judge.6 ..... , the argument of learned counsel for the appellant cannot be accepted and it must be held that the provisions contained in sub-clause (4) of clause (b) of sub-section (2) of section 95 must give way to the interpretation given by the supreme court in the above case. the award of rs. 20,000 given by the learned judicial commissioner, therefore, being ..... of damages assessed by it as compensation to the injured claimant.......the tribunal was of the view, however, that the injured claimant was guilty of contributory negligence and that the degree of negligence on his part was 50 per cent. in view of the said finding, the tribunal had awarded rs. 13,000 only after assessing the damages at rs. 26 .....Tag this Judgment!
Court : Rajasthan
Decided on : Mar-02-1986
Reported in : (1987)56CTR(Raj)248; 165ITR759(Raj)
..... that the hedging transactions entered into by the trust constituted a business activity which did not come within the definition of 'charitable purpose' given under section 2(15) of the indian income-tax act (hereinafter referred to as 'the act'), as including relief of the poor, education, medical relief and the advancement of any other object of general public utility not involving the carrying on of ..... such exemption for the assessment year 1968-69. there can be no manner of doubt that the assessee-trust was entitled to be exempt from tax under section 11 read with section 2(15) of the act as this was a trust wholly for 'charitable purposes'. the question no. 1 is, therefore, answered in the affirmative and in favour of the assessee. as regards ..... . whether, on the facts and in the circumstances of the case, the assessee-trust was entitled to exemption from tax under section 11 read with section 2(15) of the income-tax act, 1961, as being a trust wholly for charitable purposes ?2. if the answer to question no. 1 be in the affirmative, then whether the income of the trust from hedging transactions was ..... behalf of the department, it was submitted that the trust was not entitled to any exemption under section 11(1)(a) of the act due to its involvement in hedging transactions which were the activities carried on for profit within the meaning of section 2(15) of the act. the tribunal, after considering the contentions of the parties and scrutinising the terms of the trust .....Tag this Judgment!
Court : Rajasthan
Decided on : Sep-05-1986
Reported in : 1986WLN(UC)665
..... by misunderstanding or by mistake of law would be denial of a service condition within meaning of sub-clause (v) of section 2(f) of the act and therefore would come within the definition of service matters as proved in section 2(f)(v) of the act against which an appeal lies to the tribunal. according to mr. singhvi, though compulsory retirement has not been specifically provided ..... lie or be instituted in any civil court with respect to any matter arising under or provided for by the act' (emphasis supplied by us). in the earlier part of this order the definition of service matter as given in section 2(f) of the act has been extracted. as already stated earlier, even the case of the petitioner is not that the matter falls ..... in any of the clauses (i) to (v) of section 2(f) of the act and according to the petitioner it falls under clause (v ..... the act?2. the petitioner ramcharan das was appointed as head master government secondary school, ramjipur kalan (jaipur) in december 1984, which is said to be at a distance of 30 miles from jaipur. he made a request to the chief minister for his transfer to jaipur city on the ground that he is a cronic patient of disentry and needs constant medical .....Tag this Judgment!