Rajasthan Court December 1999 Judgments
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Vinod Kumar Pramod Kumar Vs. Income Tax Officer
Court: Rajasthan
Decided on: Dec-10-1999
Reported in: (2000)66TTJ(NULL)722
ORDERB. M. Kothari, A.M.This appeal by the assessee is directed against the order dated 29-1-1993, passed by the Deputy Commissioner (Appeals) for assessment year 1991-92. The assessee has raised three grounds but all these three grounds relate to confirmation of an addition of Rs. 5,860 made in the declared gross profit. The assessee has challenged the enhancement in the turnover of Rs. 11,70,000 as against declared turnover of Rs. 11,64,425 and has also challenged the application of gross profit rate of 13.5 per cent as against declared gross profit rate of 13.1 per cent.2. The learned counsel drew our attention to the gross profit charts submitted at page 1 of the paper book. It was also pointed out by him that the entire purchases and sales are supported by vouchers and the proper books of accounts. There is no justification for making any addition in the declared results.2.1. The learned Departmental Representative supported the order of the Deputy Commissioner (Appeals) and relie...
Jagjeet Singh Vs. State of Rajasthan
Court: Rajasthan
Decided on: Dec-09-1999
Reported in: 2000CriLJ5092
ORDERMohd. Yamin, J.1. This revision has been preferred by accused petitioner Jagjeet Singh against the order of his conviction and sentence.2. Briefly stated, on 18-8-1987 C. I. Richhpal Singh of Sriganganagar received a secret information from mukhbir that a person was carrying unlicensed pistol and was going towards D. A. V. School. On the basis of this information the said C.I. alongwith other police officials went there. Petitioner Jagjeet Singh, after seeing the police personnel, started running but he was apprehended and was searched. He was found in possession of a 32 bore pistol without licence which was taken in possession. First information report was lodged and after investigation challan was submitted against the petitioner. When the charge was read over the petitioner he denied the same and claimed trial. Then the prosecution examined as many as five witnesses. Accused petitioner was examined under Section 313, Cr.P.C. He did not produce any witness in defence. After hear...
Mahendra Kishan Wali Vs. Smt. Champa Devi
Court: Rajasthan
Decided on: Dec-07-1999
Reported in: 2000(2)WLN471
Shiv Kumar Sharma, J.1. Judgment debtor petitioner seeks to quash the order dated April 15, 1997 of the learned Additional District Judge No. 6 Jaipur City Jaipur whereby application of the decree holder non-petitioner under Section 152 CPC was allowed and the name of 'Ratan Champa Charitable Trust' was corrected as 'Ratan Champa Charity Trust.'2. The facts giving rise to this revision are that on January 13, 1991 suit instituted by Prakash Chand Sancheti seeking specific performance of the contract was decreed by the learned Additional District Judge No. 6 Jaipur City Jaipur. Civil Regular First Appeal preferred against the said decree was dismissed by the learned Single Judge of this Court by a detailed judgment dated May 4, 1994. Special appeal under Section 18 of the Rajasthan High Court Ordinance was preferred by the defendant but the Division Bench dismissed the said appeal on July 5, 1995. Thereafter special leave petition was preferred but it was also dismissed in limine by the...
Ramanand and Smt. Sarvan Devi Vs. State of Rajasthan
Court: Rajasthan
Decided on: Dec-06-1999
Reported in: 2000CriLJ2522
ORDERArun Madan, J.1. The appellants (Ramanand - husband of deceased Kiran & Sarvan Devi aged 75 years - mother-in-law of deceased Kiran) by way of this appeal have challenged judgment of the learned Additional Sessions Judge Behror (Jaipur District) whereby each of them has been convicted and sentenced as under :-(1) Under-Section 304B, IPC -Ten years' RI with a fine of Rs. 1000/-in default further six months' SI.(2) Under-Section 498A, IPC - Three years' RI with a fine of Rs. 500/- in default further three months SI.(3) Under-Section 201, IPC --Three years' RI with a fine of Rs. 500/- in default further three months'SI.2. The relevant facts, briefly stated, as unfolded by the prosecution are that on April 21, 1994. Babulal Yadav (complainant) lodged a written report (Ex. PI) to Police Station Mandhan alleging therein that marriage of his sister Kiran Devi was solemnised with appellantNo. 1 Ramanand s/o Hardayal Singh about one and half years prior to the said complaint, and according...
Dr. Mukul Cocasse Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Dec-03-1999
Reported in: AIR2000Raj164; 2000(1)WLC726; 2000(2)WLN103
ORDERGyan Sudha Misra, J.1. The petitioners in SBCWP Nos. 5264/99 and 5265/99 are serving as Medical Officers in the Government of Rajasthan who appeared in the Pre-post-Graduate Entrance Examination for the year 1999 for admission to M.D./M.S./Diploma Courses in various colleges of Rajasthan. The examination was conducted in accordance with Ordinance 278-E and 278-G of the University Hand-Book which includes guidelines providing reservation of seats to be filled by several categories which are to the, following effect:--'(a) 25% seats (irrespective of the other reservations made hereunder) will be filled in as per allocations made by the Director General of Health Services, Government of India, New Delhi, on the basis of the result of All India Competitive Entrance Examination for admission to P.G. Courses (M.D./M.S./ Diploma) on open merit. (b) 25% of the seats, after excluding the seats to be filled in as per allocations made by the Director General of Health Services, Govt. of Indi...
Lokendra Pal Singh Vs. State of Rajasthan
Court: Rajasthan
Decided on: Dec-03-1999
Reported in: 2000CriLJ2169
ORDERArun Madan, J.1. This Cr. Revision Petition has been preferred against order dt. 23-2-1999 of the Special Judge (Communal Riots Man Singh Murder Case) Jaipur whereby the petitioner has been charged for offence under Sections 447, 325/34, 307 & 326, IPC.2. The case of the prosecution in brief, as unfolded in FIR lodged on 11-10-96 at Police Station Bajaj Nagar (Jaipur) by Dr. Mahesh Chandra Tiwari, is that on 10-10-96 at about 11-15p.m.the informant along with his wife & two daughters when saw outside their house, found his neighbour Balbir Singh and his son Billu hurling abuses to them and while they asked not be abuse, but Balbir duly armed with Bamboo (stick) started beating them and meanwhile son of Balbir viz. petitioner thrusted knife into right side of stomach of his wife (informant's), besides beating with latins on her head and so also his head, it has been stated in the report that at the time of scuffle, his tenant Manish, Smt. Kusum Jain and Pappu besides other neighbou...
Dr. Mani Thomas Vs. State of Rajasthan and anr.
Court: Rajasthan
Decided on: Dec-03-1999
Reported in: 2000(2)WLN545
Bhagwati Prasad, J.1. In this misc. petition, the learned Counsel for the petitioner has urged that the first information report lodged against the petitioner cannot be sustained. The first information report was lodged at the Police Station, Kotwali, Bikaner being F.I.R. No. 64/97 on 19.6.1997. It was lodged by Dr. Sheela Oman alleging that the petitioner/accused married her in Kerala. Due to her employment in the Medical Department of the State of Rajasthan, she came to Bikaner. In the meanwhile, the petitioner remarried another lady and has committed an offence under Section 494 I.P.C. It has also been alleged in the first information report that when the complainant demanded her Streedhan from the petitioner, he promised her that he would come to Bikaner and hand her over the articles of her Streedhan.2. Learned counsel for the petitioner has challenged the first information report and has prayed for quashing the first information report on the ground that the offences under Sectio...
Rajendra Kumar JaIn Vs. Union of India
Court: Rajasthan
Decided on: Dec-02-1999
Reported in: [2000]245ITR574(Raj); 2000(3)WLC467; 2000(3)WLN510
ORDERVerma, J.1. It is alleged that the petitioner is a sole proprietor of M/s. R.S. Jewellers and is engaged in the business of importing rough emerald from abroad and after finishing them, pass on to M/s Chordia Gems in which he himself is also a partner along with other brothers and father. He is already an income tax assessee.(2). It is stated that vide invoice 3626 dated 28.1.1986 he had imported emerald worth Rs. 3.50 lacs from Real Gems Incorporation, New York as per the documents attached with the writ petition vide Ex. 1(A) to 1(M). It is further submitted that he had taken a loan of Rs. 4,77,000/- on 6.6.1986 from M/s Chordia Gems as per the books of accounts maintained by M/s R.S. Jewellers which amount was withdrawn in cash by the petitioner's 'MUNIM' Shri Jagan Nath Bhalla from the bank accounts on the dates mentioned in the petition and as per the certificates of the bank attached as Annexures 4, 5, 6 and 7. It is stated that the relevant entries had also been made in the...
Hardev Vs. Jaidev
Court: Rajasthan
Decided on: Dec-02-1999
Reported in: AIR2000Raj142; 2000(1)WLC675
R.R. Yadav, J.1. The tenant-defendant-appellant has filed the present second appeal against the judgment and decree dated 28-1-1986 passed by learned Additional Civil Judge No. 4, Jodhpur whereby he affirmed the judgment and decree of eviction dated 8-9-1982 passed by Additional Munsiff Magistrate No. 2, Jodhpur. The learned trial Court has decreed the suit for eviction on the ground that the tenant has parted with the possession of the premises in dispute to his mother and his brother's wife within the meaning of Clause (e) of Sub-section (1) of Section 13 of the Rajasthan Premises (Control of Rent and Eviction) Act 1950 (hereinafter referred to as Act No. 17 of 1950).2. For effective disposal of the present appeal I consider it expedient to refer certain factual aspects of the matter in brief which are borne out from perusal of the record.3. The landlord-plaintiff-respondent Shri Jaidev instituted the suit against the tenant defendant-appellant on 6-9-1976 alleging that he is the own...
State Vs. Lala and ors.
Court: Rajasthan
Decided on: Dec-02-1999
Reported in: [2000(87)FLR345]; (2002)IVLLJ743Raj; 2000WLC(Raj)UC445
N.N. Mathur, J. 1. This writ petition under Article 226 of the Constitution of India has been filed by the State of Rajasthan through the Executive Engineer, P.W.D., Banswara, seeking direction to quash the award dated September 8, 1993 passed by the Judge, Labour Court, Udaipur, whereby the learned Judge while holding the order of termination of second respondent Lala dated July 1, 1989 illegal, declared the workman semi permanent and permanent. A further direction has been given to fix him in the pay scale existing at the relevant time. The direction is also given to make payment of the arrears with cost at the rate of 12% per annum.2. The respondent workman Lala was appointed on the post of Mate on February 7, 1970 in the office of the Assistant Engineer, City, Sub-Division II. However, his services were terminated by an oral order dated July 1, 1989. A plea was raised that the termination was in violation of the provisions of Section 25-F of the Industrial Disputes Act. The respond...
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