Rajasthan Court October 1997 Judgments
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Sohan Singh Vs. State of Rajasthan
Court: Rajasthan
Decided on: Oct-15-1997
Reported in: 1998CriLJ2618
ORDERMohd. Yamin, J.1. This is an appeal against conviction of accused appellant for offence under Section 376, I.P.C. and punishment of three years rigorous imprisonment and a fine of Rs. 1,000/- and in default rigorous imprisonment for six months passed by learned Sessions Judge, Bikaner on 14-4-1981.2. The case of the poseculion is that Mst. Kamrunisha and her sister Najmunisha belong to Tata Jamshedpur. They were working with Gopal Thekedar. In front of their working place, one Toti Gujrati was running a tea stall. It was Gopal Thekedar who told both the sisters that the work of theka had finished and that theka work is to be done at Purlia and that both the sisters would be taken there. Kamrunisha and her sister went to Jamshedpur in the morning some time two years before 22-1-1980. Gopal, Pushpa and Toti brought them to a railway station from where Pushpa went back. The Kamrunisha, prosecutrix, was brought to Jalandhar in Punjab by Gopal and Toti. They sold the prosecutrix for Rs...
Union of India (Uoi) Vs. Soram Bai and ors.
Court: Rajasthan
Decided on: Oct-15-1997
Reported in: 1(1998)ACC529
Shiv Kumar Sharma, J.1. The questions that arise for consideration in this appeal are whether the respondents are dependents of the deceased Lal Singh Nath under Section 123 of the Railways Act, 1989 and whether the deceased was a bona fide passenger ?2. These questions have emerged in the following circumstances:(i) The deceased Lal Singh Nath was travelling in the ill-fated train 1593 Dn. Kota-Bhopal passenger which met with an accident at about 21.15 hrs. on September 21, 1993 between Chhabra Gugor and Bhulon Stations in Kota Ruthiyal Singh line non-electrified BG section of Kota Division of Western Railway. The deceased Lal Singh Nath died on the spot as a result of injuries sustained in the accident. The age of deceased Lal Singh Nath, according to the claim application, was 35 years.(ii) In the written statement the Railway Administration only admitted injuries as a result of accident. It was pleaded that 'regarding the alleged nature of injuries and subsequent death the applican...
Nirmal Kumar and Etc. Etc. Vs. State of Rajasthan and anr.
Court: Rajasthan
Decided on: Oct-14-1997
Reported in: AIR1998Raj189; 1998(2)WLC141; 1997(2)WLN519
ORDERV.K. Singhal, J. 1. All the above writ petitions are disposed of by this common judgment since the controversy is common.2. The dispute which has been raised before me is in respect of the reciprocal transport agreement entered into between the State of Rajasthan and State of Haryana in which the number of permits as published in the proposal were less and have been increased while the agreement was entered into.3. The submission of learned counsel for the petitioners is that such an agreement is contrary to the provisions of Section 88(5) of the Motor Vehicles Act, 1988 and two State Authorities have no jurisdiction to enter into an agreement contrary to the proposal. The number of permits cannot be increased as the right of the petitioner to raise the objection on such enhanced number of permit is denied.4. For the sake of convenience, facts of Nimral Kumar v. State of Rajasthan, (S.B. Civil Writ Petition No. 3112/97) are taken into consideration. The petitioner was granted a st...
Hindustan Development Corporation Ltd. and ors. Vs. Kushan Chand Bader ...
Court: Rajasthan
Decided on: Oct-13-1997
Reported in: [1998]94CompCas384(Raj)
M.A.A. Khan, J. 1. This is a petition under Section 482 of the Criminal Procedure Code, 1973, challenging the order dated July 29, 1995, whereby the learned Magistrate refused to cancel his earlier order dated September 16, 1994, taking cognizance of the offence under Section 113(2) of the Companies Act, 1956 ('the Act'), against the petitioners on the complaint of Kushal Chand Bader, respondent No. 1.2. Petitioner No. 1, Hindustan Development Corporation Ltd., is a company incorporated under the Act with its registered office at Modi Building, 27, Sir. R.N. Mukherjee Road, Calcutta. Petitioner Nos. 2 to 6 are its chairman, managing director, directors and secretary, etc. Petitioner No. 7, A, B, C. Consultants Pvt. Ltd., N.C.E. Buildings, Jadav Pur, Calcutta, is petitioner No. 1's registrar and share transfer agent rendering services to the shareholders of the company on behalf of petitioner No. 1.3. Respondent No. 1, Kushal Chand Bader, is a member of Pink City Investors Forum, M.I. R...
Jagdish Chandra Ozha Vs. the State of Rajasthan
Court: Rajasthan
Decided on: Oct-13-1997
Reported in: 1998(3)WLC381; 1997(2)WLN247
B.S. Chauhan, J.1. The instant writ petition has been filed by the petitioner for issuing direction to the respondents to transfer the petitioner and his wife to Jodhpur city area in strict compliance with the transfer policy issued by the respondents for the year 1996-97.2. Petitioner and his wife are Teachers Gr. II and had been posted in 1992 and 1994 respectively in the rural area i.e. in villages Khara Bera school. According to the petitioner, the transfer policy issued by the respondents contained in Annex. P/l entitles him and his wife to be transferred to city area. Petitioner has also raised the grievances that a large number of persons, junior to petitioner and his wife have been posted in city area ignoring the claim of the petitioner. The names of such persons have been given in Ground (iii) to the petition, though the said persons had not been impleaded as respondents. Petitioner further contends that not transferring him and his wife to the Jodhpur city area amounts to di...
Baldev Sharma Vs. Raj Devi
Court: Rajasthan
Decided on: Oct-13-1997
Reported in: 1998(1)WLC400; 1997(2)WLN510
Shiv Kumar Sharma, J.1. Instant revision impugns the order dated August 30, 1996 of the learned Additional District Judge No. 2 Jaipur City whereby the learned judge refused to implead the petitioner in the appeal being the legal representative of appellant S.D. Sharma who passed away during the pendency of the said appeal.2. Suit for eviction in respect of rented premises was decreed by the learned trial court in favour of plaintiff non-petitioner (for short the landlord) and against Shri S.D. Sharma. An appeal was filed by Shri S.D. Sharma against the decree of the trial court. During the pendency of the appeal Shri S.D. Sharma expired. Application was filed by Smt. Janak Rani wife of late Shri S.D. Sharma and by the petitioner for impleading them as appellants in the appeal. Learned appellate court impleaded Smt. Janak Rani as appellant but ordered enquiry under Order 22 Rule 5 CPC in respect of averments of the petitioner, according to which the petitioner claimed himself as an ado...
National Insurance Co. Ltd. Vs. Shanti and ors.
Court: Rajasthan
Decided on: Oct-03-1997
Reported in: 1999ACJ1033
Y.R. Meena, J.1. This appeal is arising out of the order dated 4.12.1993 of Judge, Motor Accidents Claims Tribunal, Sikar, whereby he has awarded Rs. 1,93,000 plus interest to claimants-respondent Nos. 1 to 5. The claimant-respondents had filed a claim petition under the provisions of Section 110-A read with Section 92-A of the Motor Vehicles'Act, 1939, claiming compensation to the tune of Rs. 5,05,000 on the death of Sita Ram in an accident on 5.4.1987.2. Jonga jeep No. RJP 3574 was hired by the deceased along with other passengers. On that day while the jeep was going from the village of the deceased towards Salasar, that jeep was overturned near village Bhuma. The owner of the jeep is respondent No. 7 Ramavtar, s/o Ram Prasad. The jeep was insured with the National Insurance Co. Ltd. In claim petition, the age of the deceased has been shown as 28 years. That has also been estimated by the doctor at the time of post-mortem. The doctor has also opined that the cause of death of Sita R...
Mohan P. Wag and anr. Vs. State of Rajasthan and anr.
Court: Rajasthan
Decided on: Oct-01-1997
Reported in: [1998]94CompCas507(Raj)
M.G. Mukherji, C.J.1. The petitioners are the directors of Larsen and Toubro Limited incorporated under the Indian Companies Act, 1913. They came out with a public issue of 2,06,66,664 -- 12.5 per cent, fully convertible secured debentures of Rs. 300 each and invited the general public to subscribe in their public issue, vide their prospectus dated September 5, 1989. The salient features of the issue are as under :(a) The debentures are fully secured convertible. (b) Each debenture is automatically convertible into five shares of face value of Rs. 10. The balance amount of the debentures shall be adjusted in premium account. (c) The shareholders of Reliance Industries Ltd., L and T Ltd. and R.P. L. are entitled for applying in a separate quota of preferential offer reserved for such shareholders. (d) All applicants in this category will be allotted debentures but the number of debentures to be allotted would depend upon availability and as may be decided by the board of directors in co...
Official Liquidator, Auto Electricals (India) Pvt. Ltd. (In Liquidatio ...
Court: Rajasthan
Decided on: Oct-01-1997
Reported in: [1999]98CompCas59(Raj)
N.L. Tibrewal, J.1. The official liquidator of M/s. Auto Electricals (India) Pvt. Ltd. (in liquidation) has filed this application under Sections 542 and 543(1) of the Companies Act, 1956.2. Company Petition No. 11 of 1985 for winding up of the company, M/s. Auto Electricals (India) Pvt. Ltd., was filed by the non-petitioner, Shri P. R. Mehta, the managing director of the company, and a winding up order was passed by this court on July 2, 1988. Prior to it, the official liquidator was appointed provisional liquidator of the company, vide order dated September 18, 1987. It appears that the ex-directors of the company (in liquidation) did not file the statement of affairs within time as required under Section 454 of the Companies Act. The present petition has been filed by the official liquidator on the basis of the report dated September 10, 1992, prepared by Shri N. C. Jain, chartered accountant, Jaipur, on the basis of books of account and other records of the company.3. Learned couns...
Jayanti Lal Patel and Dr. Balvir Singh Tomar Vs. Assistant Commissione ...
Court: Rajasthan
Decided on: Oct-01-1997
Reported in: [1998]233ITR588(Raj)
Y.R. Meena, J. 1. These two writ petitions are directed, one against the show-cause notice dated June 6, 1994, and another against the assessment orders dated March 22, 1996, and March 27, 1996, annexures-IX-A to IX-F. In Writ Petition No. 3494 of 1994, the petitioner has prayed that notice be quashed and the respondents be directed to return the FDRs to the petitioner and in Writ Petition No. 2879 of 1997, the petitioner has prayed that the aforesaid assessment orders be set aside. Since the issue of ownership of FDRs is common in both the writ petitions, therefore, both the writ petitions are being disposed of by this common order.2. The search and seizure operation was carried out by the officials and the Income-tax Department, on September 17/18, 1992, at the residence of Dr. Tomar. The team of a raid party was headed by the DDI, Shri Dilip Shivpuri. In that search operation, jewellery of 12 tola gold and Rs. 7,164 in cash were found. In addition to jewellery of ladies of family an...
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