Rajasthan Court January 2001 Judgments
Virendra Singh Vs. State of Rajasthan and Others
Court: Rajasthan
Decided on: Jan-31-2001
Reported in: 2001(4)WLN72
ORDERLakshmanan, C.J.(1) Heard learned counsel for the parties.(2). All these appeals except Special Appeal No. 579/2000 were filed against the common order passed by the learned Single Judge (Mr. Justice J.C. Verma), dismissing the writ petitions filed by the appellants on the ground that the appellants-petitioners had not disclosed the correct facts in the application forms in the column provided for it of their being involved as an accused. The learned Judge dismissed the writ petitions on the ground that a deliberate attempt had been made by the appellant-petitioners to conceal the facts and that they have no right to conceal the fact of their involvement in any criminal case if so required by the recruiting agency.Virendra Singh vs. State & Others (D.B. Civil Special Appeal (Writ) No. 597 of 2000):(3). This appeal was filed against the order passed in S.B. Civil Writ Petition No. 1744/97. In this case, the appellant in response to an advertisement applied for recruitment to the po...
Tag this Judgment!Deputy Commissioner of Income Tax Vs. Shakti Enterprises
Court: Rajasthan
Decided on: Jan-31-2001
Reported in: (2001)70TTJ(NULL)657
ORDERS.R. Chauhan, J.M.This appeal by revenue for assessment year 1989-90 is directed against the order of Commissioner (Appeals), Jodhpur, dated 21-1-1992.2. The assessee had claimed 100 per cent depreciation on 'flour mill rollers' but the assessing officer making summary assessment under section 143(1)(a) allowed only 33.33 per cent depreciation as on the other machinery and plant, and disallowed the depreciation claim of Rs. 1,75,742 being in excess of 33.33 per cent on flour mill rollers, by way of prima facie adjustment under section 143(1)(a). The assessee moved petition under section 154(1)(b) seeking rectification of the intimation issued under section 143(1)(a) whereby prima facie adjustment of depreciation claim over and above 33.33 per cent was made and thus disallowed. The assessing officer rejected the assessee's petition for rectification under section 154 so far as it related to claim of 100 per cent depreciation on flour mills roller, vide his order, dated 30-9-1991. H...
Tag this Judgment!Madan Lal Jat Vs. State of Rajasthan and anr.
Court: Rajasthan
Decided on: Jan-30-2001
Reported in: 2001(1)WLC582; 2002(2)WLN397
ORDERLakshmanan, CJ.1. This writ petition was filed by the petitioner to direct the respondents to issue appointment letter to the petitioner for the post of Constable (R.A.C.) along with all consequential benefits. The case of the petitioner is that pursuant to an advertisement published in the newspaper for filling up certain posts of Constables, the petitioner applied for the said post. A permission letter was issued to him for appearing in the written examination. The petitioner was declared successful and the result of the written examination was published in the daily Rajasthan Patrika in its Udaipur edition dated 15.9.1996. The petitioner, thereupon appeared in the Physical Efficiency Test and Viva-voce/interview on 2.11.1996 before the fourth respondents. A list of 17 provisionally selected candidates including the petitioner was published by the fourth respondents on 2.11.1996 on the notice board that the name of the petitioner was shown at No. 1 in the said selected list. The...
Tag this Judgment!Shivlal Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jan-30-2001
Reported in: 2001(2)WLC140
Yamin, J. 1. This order will dispose of two revision petitions. Both the revision petitions are against the same order of the learned Additional Sessions Judge, Alwar dated 3.11.2000 by which he framed charges against the petitioners. 2. I have heard learned counsel for the petitioners as well as learned Public Prosecutor for the State. 3. Dal Chand reporled to police on 4.6.2000 at about 2.05 a.m. that at about 10.00 p.m. on 3.6.2000 he and Ratan Lal Home Guards were on patrolling duty in Alkapuri, Alwar. At about 12.10 A.M. they heard noise and went to the spot. A person wearing blue T-shirt along with 5-6 other persons were given beatings to a man who was saved by these persons. In the meantime, a jeep from Kotwali came and the person wearing blue T-shirt was handed over. Other persons ran away. The person who was injured was lying there and he was bleeding profusely. He was taken to hospital. In the meantime, a jeep from Aravali Vihar Police Station came with whom the home guards o...
Tag this Judgment!Laxman and ors. Vs. Nahar Singh
Court: Rajasthan
Decided on: Jan-30-2001
Reported in: 2002ACJ1734
J.C. Verma, J.1. This civil misc. appeal has been filed by the claimants, i.e., widow, minor children, brothers, sisters and parents of the deceased Mahesh who died in the accident on 24.6.1992. He was doing the. work of filling of bajri in truck No. RSL 4685 as labourer. The deceased had fell down from the truck because of the negligence of the driver. He died at the spot. The truck was insured with the respondent insurance company. At the time of accident the deceased was of the age of 21 years.2. Because of the reason that the present appeal has been filed for enhancement of compensation, there is hardly any necessity to go into the other aspects of the case, i.e., in regard to negligence or the liability, etc. The Tribunal had assessed the total income of the deceased who was working as a labourer to be Rs. 900 per month and after deducting 1/3rd of the amount towards expenses of the deceased, monthly dependency was fixed at Rs. 600 and, therefore, the award of Rs. 60,000 was award...
Tag this Judgment!Suresh Tolani Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jan-30-2001
Reported in: 2001CriLJ1959; 2001(4)WLN317
ORDERMohd. Yamin, J.1. This is a revision petition against the judgment of learned Additional Sessions Judge, Jaipur District, Jaipur dated 30-11-2000 by which he dismissed the appeal of the petitioner and maintained the conviction recorded by the learned Additional Chief Judicial Magistrate (Special Police Establishment Cases), Jaipur District, Jaipur who had convicted the petitioner for offences Under Sections 409 and 477-A, IPC and sentenced him to undergo two years rigorous imprisonmen with a fine of Rs. 2,000/-, and in default, to undergo two months rigorous imprisonment for offence Under Section 409, IPC and sentenced to one year's rigorous imprisonment with a fine of Rs. 1,000/-, and in default, to undergo one month's rigorous imprisonment for offence Under Section 477-A, IPC. Both the sentences were ordered to run concurrently.2. I have heard learned counsel for the petitioner and learned counsel for C.B.I.3. Accused petitioner was working as a higher grade Assistant in the Tra...
Tag this Judgment!Smt. Parvati Vs. Prem Singh
Court: Rajasthan
Decided on: Jan-29-2001
Reported in: I(2001)DMC501; 2001WLC(Raj)UC212
ORDERRathore, J. (1). This D.B. Civil Appeal No. 986/96 preferred by the appellant-wife against the judgment and decree dated 31st January, 1996, passed by the learned Family Court, Ajmer, in the Case No. 103/1992, by which, the Family Court allowed the petilion of the respondent-husband filed under Section 13 of Hindu Marriage Ac! and passed the decree of dissolution of marriage.(2). The brief facts of the case giving rise of this appeal are that the marriage of the appellant with the respondent was solemnised on 2.7.1978. At the lime of marriage, the respondent was 11 years of age and the appellant was 10 years of age. Therefore, according to Hindu Customs, the 'Gona' (marriage) look place on 26.6.1986 and they lived together as husband and wife at Ajmer. It was alleged that the behaviour of the appellant towards the respondenl was not good and that she left her husband's house on her own wishes and went to her parental house at Jaipur. When she left her husband's house, she was havi...
Tag this Judgment!Navratan Mal Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Jan-25-2001
Reported in: 2001(2)WLN639
ORDERShethna, J.1. Learned counsel Mr. Gaur for the appellant/petitioner submitted that the appellant belonging to Scheduled Caste is done great injustice byway of termination from service for merely remaining absent from duty without leave, therefore, the impugned order of termination be quashed and se! aside.(2). It is true that the services of the appellant were terminated on the ground of remaining absent from duty without leave for 162 days. If he was in the other department, then there would have been a different consideration but the appellant was in police department which is a disciplined force where such along absence of 162 days from duly without any leave should be viewed as a serious mis-conduct for which no other order except the order of termination could be passed.(3). From the impugned order of termination at Annex. 7 passed by the Superintendent of Police, it also appears that on earlier occasion also, the appellant remained absent from duty for 43 days. It also appea...
Tag this Judgment!Nathu Khan Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Jan-25-2001
Reported in: 2001CriLJ2119; 2001(4)WLC443; 2001(2)WLN160
ORDERGarg, J.1. This petition u/S. 482 Cr.P.C, has been filed by the petitioner Nathu Khan (hereinafter referred to as the party no, 1) for quashing the order dated 28.7.2000 passed by the learned Additional Sessions Judge, Bikaner in criminal revision no. 1/2000 and the order dated 27.12.1999 passed by the learned Sub Divisional Magistrate, Khajuwala in Criminal Case No. 320/1999 by which the learned SDM withdrew the order of attachment of the property in question dated 22.10.1999 and directed that disputed properly be given to the main allottee Rameshwarlal and dropped the proceedings under Section 145 Cr.P.C.(2). It arises in the following circumstances:On 17.10.1999, report was made by the parly no. 1 against the respondents No. 2 to 4 (hereinafter referred to as the parly no. 2) in the Police Station Chhatargarh and on that report, SHO, Police Station Chhatargarh filed a complaint u/S. 145 Cr.P.C. before the learned Sub Divisional Magistrate, Khajuwala on 22.10.1999 staling inter-...
Tag this Judgment!Bhika Ram Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jan-25-2001
Reported in: 2001CriLJ2123
ORDERSunil Kumar Garg, J.1. All these three appeals are being decided by common judgment as they have been preferred by the abovenamed three accused-appellants against common judgment and order dated 17-3-1999 passed by the learned Additional Sessions Judge, Sojat, District Pali in Sessions Case No. 2/ 1996, by which he convicted and sentenced the accused-appellants in the following manner :-Name of the accused- Convicted Sentence awarded appellant under section 1. Bhika Ram 376 IPC Seven years' RI and to pay fine of Rs. 1000/-, in default of payment of fine, to further un- dergo, three months' imprisonment. 2. Munni Devi ) 376 read with Seven years' RI and to pay fine of Rs. 1000/-, 3. Veena @ Kiran ) 109 IPC in default of payment of fine, to further un- dergo, three months' imprisonment. 2. The facts giving rise to these three appeals, in short are as follows :-On 7-10-1995, P.W. 2 Bhanwarlal lodged a written report Ex. P/3 before P.W. 7 Kanhaiyalal, SHO, Police Station, Bagdi-nag...
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