Rajasthan Court April 1997 Judgments
Bal Kishan Vs. State of Rajasthan
Court: Rajasthan
Decided on: Apr-22-1997
Reported in: 1998CriLJ2425; 1997(1)WLN605
ORDERAmaresh Ku. Singh, J.1. Heard the learned counsel for the petitioner and the learned Public Prosecutor and perused the record of the case.2. This petition under Section 482 of the Criminal Procedure Code is directed against the order dated 1st October, 1991 passed by the learned Additional Chief Judicial Magistrate, Shahapura in Criminal Case No. 327/76 (146/ 91). By the aforesaid order charge under Section 7 read with 16 of the Prevention of Food Adulteration Act was framed against the accused-petitioner.3. The facts relevant for the disposal of this petition may be summarised as under :4. On 6th May, 1975 at about 4.30 P.M. Food Inspector, Shahapura went to Shanker Ice Factory. He found Bal Kishan selling Ice-candy. 100 gms. Ice-candies were purchased by the Food Inspector from the accused Bal Kishan for the purpose of chemical examination. After purchasing Ice-candies and mixing formaline in the same, in appropriate quantities the sample was sealed then and there. The sample ta...
Tag this Judgment!New Brightways School Samiti Vs. Rajasthan Housing Board and ors.
Court: Rajasthan
Decided on: Apr-22-1997
Reported in: AIR1998Raj183; 1997(2)WLC527; 1997(1)WLN551
ORDERN.L. Tibrewal, J. 1. The petitioner, New Bright ways School Samiti is an educational society registered under the Rajasthan Societies Registration Act, 1958. In this petition under Article 226 of the Constitution the Society is seeking direction to the respondents to allot it 5,000 square metres of land adjacent to the land already allotted to it vide allotment letter dated 30-12-89. Facts need not be discussed in detail as the learned counsel for the petitioner agrees that the order dated 17-11-92 (Annexure 7) be given effect.2. In short, petitioner's case is that the Society is running New Brightways School since 1978-79. Initially, there were 40 students in the school and it was recognised up to Primary standard by the State Government. Subsequently, the School was raised and recognised up to Middle standard with effect from July 1, 1996 and strength of the students also increased to the extent of 450. The Society claims to be working for the up liftment of the children coming ...
Tag this Judgment!Savitri Devi Vs. Smt. Anita Sharma and anr.
Court: Rajasthan
Decided on: Apr-22-1997
Reported in: 1997(1)WLN554
Shiv Kumar Sharma, J.1. The trial Court maintained status quo and disposed of the application for issuance of the temporary injunction filed by the plaintiff petitioner. The appellate Court set aside the order and while allowing the appeal preferred by defendant non-petitioners, made certain observations in respect of construction of the disputed property.2. I am of the view, the furnishing of undertaking is necessary by the defendant non-petitioners in view of the observations made by the appellate court in pursuance of ratio of Thomas Ben v. Parvati Ben : AIR1962Ker10 . Therefore, I dispose of this revision direction the defendants non-petitioners to file undertaking before the trial Court in accordance with the observation made by the appellate Court within fifteen days from today. The trial Court is misc. expected to adjudicate the suit as expeditiously as possible Costs easy....
Tag this Judgment!Narsee Ram Meena Vs. University of Rajasthan and ors.
Court: Rajasthan
Decided on: Apr-21-1997
Reported in: AIR1998Raj18; 1997(2)WLC508
ORDER1. The facts giving rise to this petition under Article 226 of the Constitution of India are that the petitioner passed his MBBS Examination in May 1996 from the University of Rajasthan, Jaipur. True copy of mark-sheet dt. 27-7-96 has been filed as Annexure-1 to this petition. It is alleged that according to the Ordinance 268 of the University of Rajasthan Ordinances, the MBBS Degree shall be conferred after passing the final MBBS Examination and after a candidate has undergone compulsory rotating internship for a period of 12 months. It is further alleged that Ordinance 272 provides that after passing final MBBS Examination, every candidate will be required to undergocompulsory rotating internship to the satisfaction of the University for a period of 12 months so as to be eligible for the award of the Degreeof MBBS and full registration. It further provides that the University shall issue a provisional MBBS Pass Certificate on passing the final examination. It further provides th...
Tag this Judgment!Birbal Vs. State of Rajasthan
Court: Rajasthan
Decided on: Apr-21-1997
Reported in: 2(1997)ACC124
M.A.A. Khan, J. 1. On September 4,1993 PW.1 Nahar Singh, a tea vendor, reported to the police officials at police station Galta Gate. Jaipur that the driver of the Rajasthan State Roadways Delux Bus No. RJ-14 P 3287 had knocked downtwo bicycle riders on Delhi-Jaipur bye-pass road near Khola Hanuman Ji Ka Mor causing injuries to one and death of the other. A case Under Sections 279, 337 and 304, IPC was registered. On investigation it was found that the applicant was the driver of the said vehicle at the relevant time and that by driving his said vehicle rashly and negligently on the public road as endangered the safety of others the applicant had knocked down the bicycle riders causing injuries to PW. 5 Sita Ram, aged 13 years, and death of the Veer Bhadra, also aged 13 years. A report Under Section 173, Cr.P.C. was accordingly submitted by the police against the applicant before the learned Magistrate. On being read and explained the substance of accusation for offences Under Sections...
Tag this Judgment!Assessing Authority (Commercial Vs. Madanmohan Nandmohan
Court: Sales Tax Tribunal STT Rajasthan
Decided on: Apr-17-1997
Reported in: (2003)133STC481Tribunal
1. This reference matter (treated as revision petition) which was pending before the Rajasthan High Court stands transferred onto the file of this Tribunal under Section 15 of the Rajasthan Taxation Tribunal Act, 1995, for disposal.2. The facts are these. Travancore Cement Ltd., Kottayam (Kerala), manufacturers of white cement, despatched two consignments of cement to their agent, M/s. Mangal Chand Bhanwar Lal, Sardarshahar, Rajasthan under two railway receipts dated July 18, 1969 and November 3, 1969.M/s. Mangal Chand Bhanwar Lal sold these consignments of cement to the non-petitioner firm and for that purpose made the endorsement on the railway receipts. The sale consideration was Rs. 21,988.54 on which the sales tax was paid at the rate of ten per cent. The petitioner, the assessing authority, framed the assessment order for the year 1969-70 on January 31, 1972 and concluded that the non-petitioner firm had paid sales tax at the wrong point. Instead, it should have paid tax on the ...
Tag this Judgment!Associated Cement Company Vs. State of Rajasthan and ors.
Court: Sales Tax Tribunal STT Rajasthan
Decided on: Apr-15-1997
Reported in: (2003)133STC278Tribunal
1.These writ petitions were filed in the Rajasthan High Court, Jaipur Bench, Jaipur for quashing the orders of the Commercial Taxes Officer, Special Circle, Kota (respondent No. 3) levying interest under Section 11B, Rajasthan Sales Tax Act, 1954 (in short, "1954 Act") and for directing the respondents for refunding the amount of interest collected from the petitioner at the rate of 12 per cent per annum from the date of recovery to the date of payment. On the establishment of this Tribunal, these writ petitions stood transferred to it under Section 15, Rajasthan Taxation Tribunal Act, 1995 (in short, "1995 Act").2. As the facts are similar and law involved is same in all these writ petitions, they are being disposed of by this common judgment. They relate to the assessment years 1970-71 to 1973-74 under the Rajasthan Sales Tax Act, 1954 and also Central Sales Tax Act, 1956.3. In the writ petitions, it has been averred, in short, as follows : In respect of the aforesaid assessment yea...
Tag this Judgment!Commissioner of Income-tax Vs. Shiv Hari Madhu Sudan
Court: Rajasthan
Decided on: Apr-15-1997
Reported in: [1998]233ITR649(Raj)
B.R. Arora, J.1. The Revenue, by this application under Section 256(2) of the Income-tax Act, 1961, has prayed that the Income-tax Appellate Tribunal, Jaipur Bench, Jaipur, may be directed to refer the following questions of law for the opinion of this court :'(1) Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was justified in holding that the order passed by the Assessing Officer on February 1, 1989, was not erroneous and prejudicial to the interests of the Revenue ? 2) Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was legally correct in holding that the Commissioner of Income-tax was not justified in passing order under Section 263 of the Income-tax Act, 1961 ?' 2. The brief facts, which led to the present controversy, are that the assessee, which is a registered firm, derived its income from the trade of silver ornaments. For the assessment year 1988-89, the assessment was completed by the...
Tag this Judgment!Jaipur Chamber of Commerce and Industries and anr. Vs. Ram Chandra Kas ...
Court: Rajasthan
Decided on: Apr-15-1997
Reported in: 1997(2)WLC655; 1997(1)WLN477
N.K. Jain, J.1.This review' petition has been assigned to me by Hon'ble the Chief Justice.2. The matter arises out of Public Interest Litigation (PIL) in SB Civil Writ Petition No. 681/88, Ram Chandra Kasliwal v. State, decided on 2.4.93 reported in 1993(2) WLC 501.3. The learned Single Judge, after a great deal, considering various aspects directed that 'Ramniwas Garden shall be maintained as is required by law and no thoroughfare or vehicular traffic shall be permitted to pass through it' alongwith. 16 other directions on 2.4.93 and to start process not later than 3 months and to complete within another 6 months.4. Against this order dated 2.4.93, D.B. Special Appeal No. 476/92 was filed by the Bardia Colony Vikas Samiti, which is still pending. A Review Petition No. 10/96 was filed by Jaipur Chamber of Commerce and Industries, in which notice was issued on 16.2.96, with next date 4.1.97.5. The Bardia Colony Vikas Samiti filed another Writ Petition No. 1601/94, wherein it was prayed ...
Tag this Judgment!Balaknath Vs. State of Rajasthan
Court: Rajasthan
Decided on: Apr-11-1997
Reported in: 1997CriLJ2722
G.L. Gupta, J.1. Though this appeal Balak Nath @ Girdharidas has challenged his conviction Under Section 302, I.P.C. and sentence of imprisonment for life recorded by the learned Additional Sessions Judge, Sirohi vide his judgment dated 26-11-1982.2. The unfortunate case relates to an occurrence which took place in Aug. 1980 in which Laxmi (35) lost her life. The facts of the case are typical. It is said that accused lived in village Pomava in the temple of Lord Shiva. People believed that he could cure the diseases by 'Mantras' or witchcraft. It is said that on 15th August. 1980 somebody threw five lemons in the house of Kera, After the lemons were seen in the house, all the five occupants Kera, Laxmi, Gamni, Sesia and Ramiya felt uneasiness. After about one hour, a lump of earth was also noticed by Kera in his house. On this all the five family members started moving to and fro tossing their heads and they continued to shout the names of Gods. After some time when they felt better, t...
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