Reported in : 2009[14]STR450; [2009]21STT404
.....the interest on the assumption that the demand made is penalty. however, on going through the impugned order of the additional commissioner, we find that he had waived penalty and the amount of rs. 19,009/- demanded is only in the form of interest under section 75, which is mandatory in nature. learned counsel for the respondent submitted that the amount was also deposited prior to final orders issued by the tribunal. since we find that the tribunal has cancelled the demand treating as penalty, we allow the appeal by cancelling the order of the tribunal and restoring the demand of interest under section 75 of the act. the deposit made will be ad justed towards liability in terms of demand but without charging any interest thereon.
Tag this Judgment! Ask ChatGPTReported in : (2009)24VST422(Ker)
.....the parties. once there is a binding bilateral contract, it cannot be gainsaid that one party cannot unilaterally resile. i would think that in the facts of this case, admittedly when the petitioner has given exhibit p5 and what is more, when there was no order granting permission under rule 30, it was not open to the authority under exhibit p9 series issued in the year 2005 to take the view that the petitioner must be held to the earlier application for compounding. all the more so, the unrebutted allegations in the writ petition would show that the petitioner was filing monthly returns and paying tax which were being accepted. i would think that there is considerable force in the contention taken by the petitioner and the petitioner is entitled to succeed. it is submitted by the senior counsel for the petitioner that in fact the petitioner has already paid the amount due under section 5(1) of the act. in view of the fact that there is no order permitting compounding of the assessment, it is to be completed under section 5. accordingly, the writ petition is disposed of as follows.6. exhibit p9 is quashed and there will be a direction to the first respondent to complete the.....
Tag this Judgment! Ask ChatGPTReported in : AIR2008Raj194
.....the minor son of the parties, custody of whose person is in question, is living with his father at jodhpur. 2. a brief reference to the background facts would suffice. the non-petitioner (hereinafter also referred to as 'the mother') has filed the aforesaid petition under section 10 of the act of 1890 stating the facts about her marriage with the petitioner (hereinafter also referred to as 'the father') on 03.06.2001 and out of this wedlock, the child master durgesh having born on 28.09.2004. while stating various facts and incidents when she was compelled to leave or was forcibly removed from the matrimonial house and was harassed by the petitioner and his family, the mother has ultimately referred to the incidents of 17.06.2006 and 18.06.2006 when, according to her, the child master durgesh was removed from her custody and under the compelling circumstances she was taken by her father to merta. narration of such facts and aspects is not necessary for the purpose of the present petition involving only the question of jurisdiction; however relevant aspects of the matter are that at the time of filing of the aforesaid petition, the child was about 13/4 years of age and the.....
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.....to make total deposit of rs. 1/12th of expected revenue vide letter annex.2 dtd. 31.8.2006. the petitioner immediately deposited the same and in fact, the petitioner's bid was never rejected by the respondents and they arbitrarily issued fresh nit on 18.9.2006 without either cancelling the tender of the petitioner or rejecting his bid and informing the petitioner about the same. he further contended that once the department had corrected the mistake and issued amended notification on 29.8.2006 correcting the amount of security deposit of rs. 5.90 lacs, they ought not have to opened the financial bid and disclosed bid of the petitioner at 5% of the expected revenue to other parties and thereafter cancelling the entire nit process and issuing fresh nit in which one of the earlier participants admittedly gave higher bid after knowing the bid of the petitioner and this showed that the respondents clearly wanted to give a helping hand to such bidders and without any cogent reason and without rejecting the bid of the petitioner, the whole process was cancelled. he submitted that under clause 46 of the conditions of nit, the respondent - commissioner had power to reject any tender.....
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.....determination of' his status as juvenile under section 2(k) of the juvenile justice (care and protection of children) act, 2000 has been rejected.2. factual matrix of the case is that a first information report for offence under section 365, 394,302 and 201 ipc was lodged against the petitioner with police station, khetri. petitioner applied for grant of bail pending trial under section 439 cr.p.c. which was rejected by the additional chief judicial magistrate, khetri. petitioner thereupon moved the court of additional sessions judge (fast track) no. 2, jhunjhunu headquarter khetri on the premises that his date of birth being 26.6.1989, on the date of incident, which is 26.4.2007, his age was 17 years and 10 months. this was contested by the prosecution which made an application for enquiry into the question of age of the petitioner. the court by its order dated 13.6.2007 directed for constitution of medical board for determination of the age of the petitioner. the court also allowed the parties to adduce the evidence. the accused petitioner produced ashok kumar, head master of the government primary school ismilepur as aw-1 and ratni, mother of the petitioner as aw-2, apart from.....
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.....'the magistrate' would mean the magistrate who had passed the first order of maintenance because court is strengthened in this interpretation by the fact that section 128 cr.p.c. which is the section for enforcement order of maintenance specifically provides that such petition under section 125 cr.p.c. may be presented before 'any magistrate'. therefore, in these circumstances, the petition under section 127, cr.p.c. will have to be filed before the magistrate who has passed the first order of maintenance.6. it is not in dispute that respondent-wife approached the learned additional sessions judge by filing revision petition under section 397 cr.p.c. learned additional sessions judge has held that application for increase in the quantum of maintenance could be moved under section 127 cr.p.c. only if there was some change of circumstances. g. balraj supra was a case in which order of maintenance against the husband was passed at the instance of the wife by the metropolitan magistrate of hyderabad. thereafter, she filed another application under section 127 cr.p.c. for enhancement of the maintenance, but this time before third metropolitan magistrate who enhanced quantum of.....
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.....prisoner (shortening of sentence) rules, 1958 (hereinafter referred to as 'rules of 1958') was rejected on the ground that in jail, his work in the factory was not satisfactory. petitioner therefore, has challenged the order of state dt. 19.03.2008 rejecting his prayer for shortening of sentence and pre-mature release.3. under rule 8 of the rules of 1958, any convict who is eligible for premature release can move an application in this regard. petitioner's case is under sub-rule 1 of rule 8 of the rules of 1958 as petitioner is not in the category of habitual offender. petitioner has been awarded a sentence of ten years, therefore, he has served sentence of over three years. there is no dispute that the petitioner has already completed the requisite sentence period.4. it appears from the report of advisory board dt. 10.01.2008 that advisory board took into consideration the opinion of jail authorities who have opined that petitioner has not committed any crime during the period of sentence. his work was found satisfactory even if petitioner did some less working at some period. the recommendation of the jail authorities as well as recommendation of advisory board is in favour of.....
Tag this Judgment! Ask ChatGPTReported in : 2008(3)ShimLC506
.....administrative tribunal.3. in view of the directions of learned tribunal, deputy commissioner, bilaspur was to inquire into the matter and to give a fact finding inquiry report about the correctness of the scheduled caste certificate issued in favour of the petitioner. the deputy commissioner, bilaspur entrusted the inquiry to the additional district magistrate, bilaspur, who conducted the fact finding inquiry in consonance to the provisions of law and submitted a fact finding report on 1.8.1999, whereby, the petitioner's certificate categorizing him as scheduled tribe was found not genuine.4. the petitioner undisputedly belongs to gujjar community and is permanent resident of village panjera, tehsil nalagarh, district solan, h.p. i.e. a part of the area which was covered under sub-section (1) of section 5 of the punjab reorganization act, 1966 and gujjar community of that area were not acknowledged as scheduled tribe in view of the presidential notification of constitution (scheduled tribes) order 1950, whereas the gujjar community of bilaspur (h.p.) was acknowledged as scheduled tribe. it appears, on the application of the petitioner's father, shri kadu ram, submitted on.....
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.....vide report ext. pa gave the opinion that the sample contained the contents of charas.3. appellant was charged with an offence, punishable under section 20 of the narcotic drugs and psychotropic substances act by the trial court. he pleaded not guilty and was, therefore, put on trial. prosecution examined pw-4 si lal singh and pw-1 constable chet ram to prove the alleged recovery of charas from the appellant. it examined pw-2 hc hari singh and pw-3 hhc bir singh to link the report ext. pa of the chemical examiner with the sample taken from the stuff allegedly recovered from the appellant.4. learned counsel representing the appellant has submitted that the prosecution examined only two police officials to prove the accusation of recovery of charas from the appellant and that not only that the statements of the two officials are contradictory to each other, but are also contradictory to the departure entry, copy ext.pw1/a, made in the rojnamcha. another submission made by him is that the link evidence produced by the prosecution is not trustworthy, because as per entry in the register malkhana, the sample which was examined at the laboratory, was handled, besides pw-2 hc hari.....
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.....is required to be imposed and he cannot claim the benefit of probation of offenders act or escape the punishment to be imposed upon him.9. the facts of the case show that while driving the vehicle rashly or negligently, the respondent had caused simple injuries to one nek ram and also caused death of kalam ram and, therefore, he was tried by the court leading to his conviction. keeping in view the facts and circumstances of the case and the fact that the sentence was imposed by the learned trial court on 24.6.2006 and the occurrence relates back to 1.10.2004, i am of the opinion that the respondent deserves to be sentenced as under:under section 304-a ipc : imprisonment for six months and a fine of rs. 50,000/-. fine, if deposited, shall be liable to be paid to the legal heirs of the deceased kalam ram.under section 279 ipc : imprisonment for three months and a fine of rs. 1,000/-.under section 337 ipc : imprisonment for three months and a fine of rs. 5,000/-. fine, if deposited, shall be liable to be paid to nek ram, injured.10. all the sentences shall run concurrently. the petitioner has been awarded lesser sentence in view of the facts of the case and this shall not be.....
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