Rajasthan Court November 2000 Judgments
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Aadam Khan Vs. State of Rajasthan
Court: Rajasthan
Decided on: Nov-08-2000
Reported in: 2001(4)WLC306; 2001(2)WLN183
ORDERShethna, J.(1). This revision petition is directed against the judgment and order dated 11.5.2000 passed by Additional Session Judge, Pali in criminal appeal no. 23/99 whereby he has dismissed the appeal against the order of conviction but modified the order of sentence passed by Judicial Magistrate, Sojatcity in criminal original case no. 177/97 as under:-(1) Reduced the sentence of six months simple imprisonment and a fine of Rs. 1,000/- in default of payment of fine to further undergo one month's simple imprisonment to three months simple imprisonment and a fine of Rs. 1, 000/- in default of payment of fine to further undergo 15 days simple imprisonment u/S. 279 IPC. (2). Reduced the sentence of six months simple imprisonment and a fine of Rs. 500/- in default of payment of fine to further undergo 15 days simple imprisonment to three months simple imprisonment and a fine of Rs. 500/- in default of payment of fine to further undergo 15 days simple imprisonment u/S. 337 IPC. (3)....
State of Rajasthan Vs. Chamkor Singh and ors.
Court: Rajasthan
Decided on: Nov-08-2000
Reported in: 2001WLC(Raj)UC592; 2001(4)WLN355
G.L. Gupta, J.1. The abovesaid death reference and the counter appeals have arisen out of the judgment dated 7.12.1998 passed by the learned Sessions Judge, Jaipur District, Jaipur whereby he had convicted and sentenced the accused Hazoor Singh son of Shri Amrik Singh and Chamkor Singh S/o Shri Sucha Singh as follows:[Missing Text][Missing Text]2. The sentences are ordered to run concurrently.3. As per the prosecution case, PW-22 Shri Gajanand Verma, the then Station House Officer, Police Station, Dudu, had received an information on 12.3.1984 in the morning hours that near the border of Ajmer-Jaipur District, on National High Way No. 8, an un-identified dead-body was lying. On receipt of this information, as per the directions of Shri Gajanand Verma, rapat rojnamcha No. 360 was recorded by PW16 Bhanwar Singh as per Ex.P.2l. Gajanand Verma proceeded towards the site, panchnama Ex.P-11 was prepared on the site. Site plan Ex.P-12 was prepared. Near the dead body, a pair of 'JUTI' (foot w...
A.C.T.O. Vs. Ashok Trading Company
Court: Rajasthan
Decided on: Nov-07-2000
Reported in: [2001]124STC377(Raj)
Rajesh Balia, J. 1. Heard learned counsel for the parties.2. This revision is directed against the order passed by the Rajasthan Tax Board, Ajmer, dated June 9, 1998 (annexure 8) affirming the order passed by the Deputy Commissioner (Appeals) setting aside the penalty levied under Section 22A(7) of the Rajasthan Sales Tax Act, 1954 (for short, 'the Act of 1954'). The ground that has prevailed with the two appellate authorities for deleting the penalty is that the respondent-assessee was carrying his own goods without delivering the same to the transporter for carriage. In other words he was found the goods on his person as a passenger and not transporting the goods through carrier. Section 22A(7) does not apply inasmuch as such goods cannot be considered to be goods under transport.3. The facts of this case which are not in dispute are that Mr. Bhagwan Dass, proprietor of firm Ashok Trading Agency, Jodhpur when he was checked at Railway Station, Raikabagh by travelling in Delhi-Jodhpur...
Durga Dutt Sharma Vs. Civil Judge (Jr. Div.) and Addl. Chief Judicial ...
Court: Rajasthan
Decided on: Nov-07-2000
Reported in: 2001(1)WLC552; 2001(1)WLN60
R.R. Yadav, J. 1. The instant writ petition has been filed, questioning the legality and validity of the order passed by Panchayat Election Tribunal, Annexure-2 to the writ petition, on 29.9.2000, holding that defect in verification of a panchayat election petition, is curable and not fatal. In support of the aforesaid conclusion, the Election Tribunal has placed reliance on a decision, rendered by a learned Single Judge of this Court, in case of Sumer Singh v. The Munsif and Judicial Magistrate, First Class, Khetri and Anr. reported in . It is held in case of Sumer Singh (supra) that defect in verification either in the election petition or in the schedule or annexures attached thereto, may be allowed to be removed in the same manner, as such defects could be removed in the case of pleadings under the Code of Civil Procedure.2. An identical question came up for consideration before Supreme Court, in case of H.D. Revanna v. G. Puttaswamy Gowda and Ors. reported in : [1999]1SCR198 . Aft...
Ram Niwas and ors. Vs. Shiksha Prasar Samiti Ratangarh and ors.
Court: Rajasthan
Decided on: Nov-07-2000
Reported in: 2007(2)WLN578
Rajesh Balia, J.1. This litigation has a very chequered history. The plaintiffs Shiksha Prasar Samiti, Ratangarh, a charitable and registered society and its Chairman Shri Mahaveer Prasad and Secretary Ghanshyam Chand Shastri filed the present suit for possession as a second innings of litigation between the same parties on 9.1.1975.2. The plaintiffs claimed that the property in question which is situated at Ratangarh and was of the ownership of one late Smt. Jamna Devi widow of Mangalchand, Dhapu Devi widow of Maluram and Sarva Shri Arun Kumar, Kailash Prasad and Nandklshore Poddhar, which was known as 'Kundwala Nohara', the boundaries of which have been detailed in para No. 1 of the pLalnt was donated to the plaintiffs vide Gift Deed dated 24.10.1966 through a registered Donation Deed. Since before the date of gift, defendant No. 1 Ramniwas was looking after the property as it caretaker on behalf of the above erstwhile owners and the house of said Ramniwas is also situated behind the...
Upendra Mishra Vs. the Principal Chief Conservator of Forest and Anoth ...
Court: Rajasthan
Decided on: Nov-06-2000
Reported in: 2001(1)WLC54; 2001(1)WLN161
ORDERLakshmanan, CJ. (1). The unsuccessful petitioner to the Writ Petition is the appellant in this appeal. The Writ Petition was filed to quash the order of suspension, Annex. 10, and also to issue the direction to the respondent No. 2 to decide the inquiry in view of the reply submitted by the appellant- petitioner, Annex. 3, 6 and 9. (2). The respondent No. 2 issued three notices and statement of allegations under Rule 17 of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958, on 10th March 2000. The first notice is (Annex. 1). The statement of allegations is Annex. 2. The appellant submitted reply to Annex. 1 and 2 in under Annex. 3. The second notice is Annex. 4 and the statement of allegations is annex. 5; the reply was submitted under Annex. 6. The third notice is Annex. 7 and the statement of allegations is in Annex. 8. Reply by the appellant is in Annex. 9. The above three notices were issued for taking action under Rule 17 of the CCA Rules. According...
Parents Teachers Association and ors. Vs. Chairman, Kendriya Vidhyalay ...
Court: Rajasthan
Decided on: Nov-06-2000
Reported in: AIR2001Raj35; 2001(1)WLC40; 2001(1)WLN49
ORDERLakshmanan, CJ.(1). The unsuccessful writ petitioners are the appellants in this appeal. The writ petition was filed by the Parents Teachers Association, Kendriya Vidhyalaya, Jobner to quash the order dated 31.3.1999 (Annex. 1) and to direct the respondents to take regular classes of the students who have been given admissionin the school and for other consequential reliefs. The main grievance of the appellants is that the respondents vide order dated 31.3.1999 have closed the Kendriya Vidhyalaya, Jobner w.e.f. 1.4.1999 without giving any reason and without giving any notice to the parents of the students or to the association for closure of the school.(2). The brief facts of the case are that the Kendriya Vidhyalaya, Jobner was opened in the year 1987 in civil sector in the name of Kendriya Vidhyalaya Civil Sector and students are the wards of the Central Government Employees such as the Railways, Post Office employees, Ex.Militarymen, Bank Employee's etc. Other students are also...
Commercial Taxes Officer, Anti-evasion Vs. Chandra Bhan Jugal Kishore
Court: Rajasthan
Decided on: Nov-06-2000
Reported in: [2002]126STC258(Raj); 2001(4)WLC737; 2001(1)WLN397
Rajesh Balia, J.1. Heard learned counsel for the parties.2. This revision is by the assessing officer against the order of Rajasthan Tax Board, Ajmer, dated December 8, 1998 (annexure 4) by which it affirmed the order passed by the Deputy Commissioner (Appeals) setting aside the levy of tax under the Central Sales Tax Act on the two transactions of Rs. 2,63,540 and Rs. 2,83,434 totalling Rs. 5,46,974 by treating the same to be sale by the respondent-assessee as inter-State sale which was shown by the assessee as sale outside the State. Consequently the levy of interest and penalty was also set aside on the amount of tax determined on the aforesaid two sums.3. During the course of survey conducted at the business premises of assessee-respondent on December 16, 1994 some loose papers were found at the business premises which included annexures 1, 2 and 3 filed along with this revision petition. Annexure 1 was a letter from Narayan Industries on February 1, 1994 sending a draft of Rs. 2,7...
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