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Judgment Search Results Home > Cases Phrase: rationale Court: rajasthan Year: 1993 Page 1 of about 11 results (0.009 seconds)

Oct 06 1993 (HC)

Arnod Panchayat Samiti Vs. State of Rajasthan

Court : Rajasthan

Decided on : Oct-06-1993

Reported in : 1993WLN(UC)216

..... reason that they were appointed after 16.5.88 but before 11.8.89 is not justified. mr. udawat has not been able to satisfy this court as to the rationale of fixing of this date. the only ground taken by him is that advertisements have been issued for selection in the year 1989 but has conceded that no selection took .....

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Feb 18 1993 (HC)

Jagrup Singh Vs. State of Rajasthan and ors.

Court : Rajasthan

Decided on : Feb-18-1993

Reported in : AIR1993Raj157; 1993(2)WLC605

..... down in heydon's case (1584) 3 co-rep 7a) are instructive......... and find out what was the mischief that was sought to be remedied and then discover the true rationale for such a remedy. in black-claw a son international ltd. v. papierwerke waldhof-aschaffenburg ag. (1975 (1) all er 810). lord reid observed as follows (all er p. 814 .....

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Aug 12 1993 (HC)

Manoj Kumar Bansal Vs. State of Rajasthan and anr.

Court : Rajasthan

Decided on : Aug-12-1993

Reported in : (1994)ILLJ1155Raj; 1993(2)WLC751

g.s. singhvi, j.1. it is indeed unfortunate that despite a clear verdict given by this court as early as on october 7, 1991 in s.b. civil writ petition no. 5368/90 riyaz ali v. state of rajasthan and ors., and 36 connected writ petitions, the petitioner has been compelled to file this writ petition seeking the same relief which had been given by this court to similarly situated persons who had filed writ petitions no. 2281/91, 2293/91, 2294/91, 2403/91, 2404/91, 2619/92 and 2586/91 which were decided on october 7, 1991. it is strange that in cases of those persons who have approached the court the director of agriculture department himself issued order on may 15, 1992 for reinstatement of those petitioners and yet he has failed to give effect to the order of the court in totality leading to the filing of this writ petition which could have been avoided if the departmental authorities had been a bit sympathetic and fair to the petitioner's case.2. before i proceed further, i consider it necessary to make mention of few facts.3. petitioner, who passed academic qualification of b.a. (agriculture) with 62% marks, had been registered with the man power department of the government of rajas than. his name was sponsored by the man power department to the director of agriculture for appointment as junior engineer. out of the list of candidates whose names were sponsored by the man power department, a merit list was drawn up by the agriculture department for appointment on the post of .....

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Jan 12 1993 (HC)

Govind Singh Vs. State of Raj.

Court : Rajasthan

Decided on : Jan-12-1993

Reported in : 1993(1)WLC533; 1993WLN(UC)12

n.k. jain, j.1. by this writ petition filed under article 226 of the constitution of india, the petitioner seeks a direction that the respondent state be directed to include officers of the rajasthan accounts service in the schedule appended to the rajasthan civil services (special selection and special conditions of service of project directors and project officers) rules, 1975 or otherwise to quash the schedule being discriminatory and violative of article 14 and 16 of the constitution and also prayed for a direction not to proceed with the selection till its decision.2. the facts necessary to be noticed for the disposal of this writ petition briefly stated are that the petitioner, a member of rajasthan accounts service, was initially appointed as accounts officer on 24.11.82 and presently he is posted at jaisalmer in indira gandhi canal project in senior scale. it is also alleged that he remained as accounts officer in the district rural development agency (hereinafter referred to as 'the drda') from 5.6.1986 to 10.8.87, and worked as officer incharge of some of the projects/works viz. desert development programme, coordinator panchayat samiti, luni and mandore; officer incharge, purchase committee as deputed by adm (dev), jodhpur, officer incharge, family planning ward no. 17 at jodhpur etc. the main grievance of the petitioner is that the members of the rajasthan accounts service have not been included in the schedule which has been appended to the rajasthan civil .....

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Sep 08 1993 (HC)

State of Rajasthan and anr. Vs. Babu Khan

Court : Rajasthan

Decided on : Sep-08-1993

Reported in : (1994)IILLJ457Raj; 1994(1)WLC371

orderrajendra saxena, j.1. this review petition has been directed against the judgment dated january 13, 1992 passed by the division bench of this court consisting of hon'ble justice miss. k. bhatnagar, who has now retired, and hon'ble mr. justice rajendra saxena in d.b. civil special appeal no. 473/91, 'state of raj v. babu khan', whereby appellants' special appeal was dismissed and the order dated february 2, 1990 passed in s.b. civil writ petition no. 898/89 'babu khan v. state 'of raj.' was confirmed.2. succinctly stated, the relevant facts are that respondent babu khan filed a writ petition alleging that he was appointed as l.d.c. temporarily on daily wages in the rehabilitation section of the collectorate, churu vide order dated november 2, 1987 (annex. 1) till february 29, 1988 and thereafter his services were extended upto october 3, 1988, when his services were brought to an end. thereafter, he was again appointed from november 2, 1988 to november 30, 1988 and further a fresh appointment was given to him on december 2, 1988 for a term ending on december 31, 1988 and that in between this period, he was transferred from the famine relief section collectorate, churu to the distt. rural development agency, churu under the national rural employment programme. he contended that he was a workman within the meaning of section 2(s) of the industrial disputes act (in short, 'the act') and that his retrenchment was effected without complying with the mandatory provisions of .....

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Apr 12 1993 (HC)

Nizam and ors. Vs. Jaipur Development Authority and ors.

Court : Rajasthan

Decided on : Apr-12-1993

Reported in : AIR1994Raj87; 1993(2)WLC169

n.l. tibrewal, j.1. both the writ petitions relate to the same subject-matter and common questions of law and facts are involved hence, they are disposed of by a common order. an important question of general importance involved in the petitions is : --'whether an open space/ spaces reserved as per approved scheme under rajasthan urban areas (sub-division, reconstruction and improvement of plots) rules, 1975 could be allotted by jaipur development authority to a private personal body for a school.' 2. rajasthan urban areas (sub-division, reconstruction and improvement of plots) rules, 1975 (in short, 'the rules') have been framed by the state government in exercise of powers under section 74 read with section 73-a of the urban improvement trust act (for short, 'uit act), the rules provides a complete procedure permission for subdivision, reconstruction and improvement of plots by a person or a private individual or a local authority or group of individuals, societies including co-operative societies or companies whether incorporated or not, or a coloniser, a state government department other than the defence department of the government of india, under rule 28, the trust is empowered to approve a plan for subdivision, reconstruction or improvement of plots with or without modification or reject any plan submitted by a developer for any reason enumerated in the said rule. proper standards and provisions for roads, open space, educational facilities and other facilities as .....

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Oct 12 1993 (HC)

M.D. Jewellers Vs. Commissioner of Income-tax

Court : Rajasthan

Decided on : Oct-12-1993

Reported in : (1993)115CTR(Raj)497; [1994]208ITR196(Raj)

v.k. singhal, j.1. the income-tax appellate tribunal has referred the following question of law arising out of its order dated may 14, 1981, in respect of the assessment year 1971-72 under section 256(1) of the income-tax act, 1961 :'whether, on the facts and in the circumstances of the case, the learned tribunal was correct in law in upholding the validity of the income-tax officer's action under section 147(a) read with section 148 of the act?'2. the brief facts of the case are that the assessment of the assessee was completed on december 22, 1973. in the said assessment, a cash credit of rs. 20,000 appearing in the name of shri raoveer vikram singh was found. the said amount was not disclosed in the assessment year at all. later on, the income-tax officer discovered from the statement of shri raoveer vikram singh that the cash credit of rs. 20,000 was not genuine and, therefore, he was of the view that the income represented by the cash credit and interest claimed thereon by the assessee escaped assessment. the income-tax officer, therefore, initiated proceedings under section 147(a) read with section 148 of the act. the notices were issued on july 24, 1975, and were served on august 7, 1975. the income-tax officer gave opportunity to cross-examine the alleged creditor who deposed on oath that he had not advanced rs. 20,000 to the assessee but it was only a hawala entry.3. the income-tax officer therefore made an addition of rs. 20,000 in the reassessment proceedings. in .....

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Oct 14 1993 (HC)

Commissioner of Wealth-tax Vs. Man Bahadur Singh

Court : Rajasthan

Decided on : Oct-14-1993

Reported in : (1994)116CTR(Raj)47; 1993WLN(UC)258

v.k. singhal, j.1. the income-tax appellate tribunal, jaipur bench, jaipur, has referred the following questions of law arising out of its order in respect of the assessment years 1971-72 to 1975-76 under section 27(1) of the wealth-tax act, 1957 :'(1) whether, on the facts and in the circumstances of the case, the tribunal was justified in setting aside the order of the lower authorities and restoring the matter regarding valuation of self-occupied property to the wealth-tax officer with the direction to reframe the assessment in accordance with law and as per the decision of the special bench of the income-tax appellate tribunal, delhi bench 'a', dated february 17, 1981, in wealth-tax applications nos. 614 to 624/(delhi) of 1979 and wealth-tax applications nos. 703 to 717/(delhi) of 1979 in the case of shri biju patnaik, new delhi ? (2) whether, on the facts and in the circumstances of the case, the tribunal was justified in holding that rule 1bb of the wealth-tax rules, 1957, is procedural in nature and retrospective in operation and, therefore, the same is applicable in the year under consideration ?' 2. the brief facts of the case are that the assessee filed a return of its net wealth on the basis of the report of the registered valuer but the wealth-tax officer referred the matter for valuation to the departmental valuation officer under section 16a of the wealth-tax act and framed the assessments in conformity with the report of the valuation officer. the assessed .....

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Nov 10 1993 (HC)

Radmal and ors. Vs. the State of Rajasthan and ors.

Court : Rajasthan

Decided on : Nov-10-1993

Reported in : 1994(1)WLC229; 1993WLN(UC)502

y.r. meena, j.1. this miscellaneous petition under section 482 cr.p.c. is directed against the order of the learned addl. district & sessions judge no. 2, ajmer, dated 29.7.91, whereby he has rejected the revision petition of the petitioner on the ground that it is an interlocutory order.2. the impugned agricultural land bearing khasra numbers 835, 836, 837, 838, 839, 293 and 473 in village land in tehsil kishangarh measuring 48 bighas, is the khatedari land of shri dev narain ji maharaj and it was khudkast of shri dev narainji maharaj and it was khudkast of shri dev narainji maharaj since samvat 1752, through its pujaris, the seva-puja of the temple is performed by respondents no. 2 and 4, and their ancestors since inception when the temple constructed. the impugnal agricultural land is attach with the aforesaid temple. it was in the possession of the non-petitioners who are performing seva-puja of the temple. mainly the gurjar community is the worshipers of shri dev narainji maharaj but the pujaris of the temple are jats. in 1990 the petitioners have applied for the registration of a trust of the temple alongwith the attached land, under the rajasthan public trust act, 1959. objections were invited and, thereafter assistant commissioner, devasthan department allowed the application for registration of the trust under the rajasthan public trust act, 1959. against that order the respondents have filed the appeal which is still pending. after the registration of the trust, .....

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Jul 29 1993 (HC)

Ratan Lal Soni Vs. the State of Rajasthan and ors.

Court : Rajasthan

Decided on : Jul-29-1993

Reported in : 1994(1)WLC679; 1993WLN(UC)194

k.c. agrawal, c.j.1. this writ petition, under article 226 of the constitution of india, has been filed by ratanlal soni, who claims himself to be a journalist and editor of 'jung ke khilaf jung', a hindi weekly published from jaipur, in paragraph 2 of the writ petition, he narrated the purpose of filing the writ petition and the same.the present writ petition is being submitted as a public interest litigation to show as to how public authorities are making gross and wholesale violation of law.2. in paragraph 10(a) of the writ petition, the petitioner alleged that the hindi daily rajasthan patrika in its issue dated 21.8.1989 published a news item that the jaipur development authority (hereinafter to be refereed to as 'the j.d.a.') approved schemes of three housing cooperative societies ignoring all the relevant rules and regulations in that behalf. relying on the rajasthan patrika of the aforesaid date, the petitioner claimed that the approved plan of these housing cooperatives involved lands of crores of rupees and these plans were earlier disapproved, but now in order to give advantage to these societies, the plans have been approved. he alleged that the ulterior motive disclosed by the rajasthan patrika was an eye opener.3. these three societies were (i) subhash sindhi grah nirman samiti (hereinafter to be referred to as the sindhi samiti), (ii) ramjupura grah nirman sahkari samiti') (hereinafter to be referred to as 'the ramjipura samiti') and (iii) meena colony grah .....

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