Rajasthan Court October 2001 Judgments
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Karan Singh Saktawat Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Oct-04-2001
Reported in: [2002(92)FLR431]; 2002(1)WLN282
Lakshmanan, C.J.(1). This appeal is directed against the order dated 14.8.2001 passed by Shri Rajesh Balia, J. in S.B. Civil Writ Petition No. 1085/95,dismiss-ing the writ petition.(2). The writ petition was filed by the appellant questioning the correctness of the termination order. According to him, he has not been terminated and he continues to be in service of the Government of Rajasthan so as to be entitled to all the benefits consequential thereto. He also sought the relief of declaration to declare the purported termination of service as illegal.(3). According to the appellant, he was appointed as a Patwari in Irrigation Department in Som Kamla Amba Project on 22.10.91 and he continued to work in the aforesaid capacity till 3.3.1993 i.e. the date when his services were terminated by oral order. After the services were terminated the appellant through his Union invoked conciliation proceedings by making representation to the Conciliation Officer, Labour Department Udaipur on 3.6....
Choudhary Construction Company Vs. the Deputy Commissioner (Appeals), ...
Court: Rajasthan
Decided on: Oct-04-2001
Reported in: RLW2003(1)Raj409; 2002(1)WLN40
Mathur, J.1. In the instant writ petition under Article 226 of the Constitution of India, the petitioner M/s. Choudhary Construction Company seeks direction to quash the order dated 16th May, 2001 (Annexure-7) passed by the first respondent Deputy Commissioner (Appeals), Commercial Taxes Department, Jodhpur, whereby he rejected the petitioner's application for the recovery of the demand of Rs. 83,565/-pending appeal before him.2. The petitioner is as a construction company undertaking civil construction work. It was assessed at the hands of the second respondent Commercial Taxes Officer, Pali-Marwar for the assessment year 1998-99. He was served with a demand notice dated 2nd March, 2001 for a sum of Rs. 1,73,565/-. Accordingly, a sum of Rs. 90,000/- was deposited by the petitioner Company through an Account payee Cheque. Thus, the balance outstanding disputed demand is only Rs. 83,565/-. The petitioner preferred an appeal under Section 84(7) of the Rajasthan Sales Tax Act, 1994 before...
Nathulal and ors. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Oct-04-2001
Reported in: 2002WLC(Raj)UC73; 2002(1)WLN358
J.C. Verma, J.1. The petitioner Nathulal along with wife, two sons, daughters-in-law, and daughters had filed this application for anticipatory bail Under Section 438 Cr.P.C. in FIR No. 41/2000 registered at P.S., Pragpura Distt. Jaipur for the offence Under Section 498-A IPC.2. Smt. Komal wife of Murari Lal son of petitioner Nathu Lal, who husband is not accused in this case, had died. She was pregnant and was living with her husband separately from above, the seven persons. According to petitioners, as per post mortem report the cause of death is haemorrhage shock due to rapture of right flotan tube due to eclopic pregnancy. The Medical Board had conducted the post mortem.3. After certain investigation conducted by the police, the police was of the opinion that no case was made out and still was of the opinion that the Final Report is to be submitted, which according to petitioners had been submitted. But before any order could be passed by the Magistrate there was fresh evidence com...
Dalip Singh Vs. the State of Rajasthan
Court: Rajasthan
Decided on: Oct-04-2001
Reported in: 2002(4)WLN70
Sunil Kumar Garg, J.1. This appeal has been filed by the accused appellant against the judgment and order dated 30.1.1999 passed by the learned Special Judge, NDPS Cases, Hanumangarh in Sessions Case No. 52/97 by which he convicted the accused appellant for the offence under Section 8/15 of the Narcotic Drugs and Psychotrophic Substances Act, 1985 (hereinafter referred to as 'the NDPS Act') and sentenced him to undergo ten years rigorous imprisonment and to pay fine of Rs. One lac, in default of payment of fine, to further undergo R.I. for six months.2. The facts giving rise to this appeal, in short, are as follows:On 3.10.1996 at about 5.40 PM, PW-7 Rajpal Singh, SHO Police Station, Sangaria District Hanumangarh received a secret information from Mukhbir to the effect that two persons, namely, Dalip Singh (present accused appellant) and Devilal (for Devilal, a separate case was made and the learned Special Judge, NDPS Cases, Hanumangarh through his judgment and order dated 26.2.1999 a...
Kundanmal Sons Vs. State of Rajasthan and anr.
Court: Rajasthan
Decided on: Oct-04-2001
Reported in: 2002(4)WLN303
N.N. Mathur, J.1. Heard Mr. Vineet Kothari, learned Counsel for the appellant-assessee and Mr. Sanjeev Johri learned Counsel for the department.2. This special appeal under Section 18 of the Rajasthan High Court Ordinance is preferred against the order of the learned Single Judge dated 3.9.2001 dismissing the writ petition in limine by a detailed order after examining the issues involved in depth and detail.3. The appellant (hereinafter referred to as 'the petitioner firm') is engaged in the business of trading in textile i.e. purchase of grey cloths, getting them processed and selling the same w.e.f. 19.4.2000 i.e. during the financial year 2000-2001. The petitioner firm being a dealer within the definition of Sub-clause (e) of Section 2 of the Rajasthan Tax on Entry of Goods into Local Areas Act, 1999 (hereinafter referred to as 'the Act of 1999'), which came into effect from 26.3.1999, was required to pay the tax on the basis of annual turn-over of the important goods during the yea...
Anju Bala and ors. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Oct-03-2001
Reported in: 2002(4)WLC723; 2002(4)WLN373
S.K. Sharma, J.1. Trupti, a young lady of Jammu, was hopeful that only a teenager 'Tantrik' Anju Bala could cure her incurable stomach disease. So when Anju asked her to visit Dholpur (Rajasthan) to perform puja in the temple of Bijasan Mata, she quickly agreed. On June 11, 1997 Trupti alongwith her husband Salpal and son Surcndra reached Dholpur. Anju Bala, her brother Ranjit Singh and family friend Lavli @ Arun Singh also accompanied them. Thereafter on June 14, 1997 Trupti and Surendra were found dead lying in a pool of blood in the temple of Bijasan Mata. Dead body of Satpal was however not recovered. The three appellants were indicted before the learned Special Judge (Dacoity Affected Area) Cum Additional Sessions Judge, Dholpur for having committed murders of Trupti, Surendra and Satpal in Sessions Case No. 67/97. The learned trial Judge vide judgment dated August 22, 2000 convicted and sentenced each of the under Section 302/34 IPC to undergo imprisonment for life an fine of Rs....
Collector of Central Excise, Jaipur Vs. Shree Cements Ltd.
Court: Rajasthan
Decided on: Oct-03-2001
Reported in: 2002(139)ELT272(Raj)
ORDERN.N. Mathur, J. 1. We have heard Mr. N.M. Lodha, learned Counsel for the Revenue and Mr. Rajendra Mehta, learned Counsel for the respondent assessee. 2. This reference has been made at the instance of the Revenue for the opinion of this Court on the following questions of law :- 'Whether the Ammonium Nitrate and Fuel Oil (ANFO) used as explosive in mines for obtaining the limestone, which is then used in the factory for the manufacture of cement, can be considered as 'inputs' eligible for Modvat credit in terms of Rule 57A of Central Excise Rules, 1944.' 3. The respondent-assessee M/s. Shree Cements Ltd. is said to be engaged in manufacturing of cement. They were using explosives for blasting mines. It appears from the statement of the case that a particular type of explosive is used for blasting the querries using Ammonium Nitrate and Fuel Oil (ANFO). The department took the view that mining of lime stone is not an integrated part of the process of manufacturing cement and hence ...
Mehta Krishi Kendra and ors. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Oct-03-2001
Reported in: RLW2003(1)Raj472; 2002(1)WLN264
Garg, J. 1. These two criminal misc. petitions which have been filed by the petitioners under Section 482 Cr.P.C. are being decided by a common order as common questions of law and facts are involved in these misc. petition. 2. 1 am taking first the facts of criminal Misc. Petition No. 450/99. Misc. Petition No. 450/99 3. This misc. petition has been filed by the accused petitioners under Section 482 Cr.P.C. with a prayer that cognizance, which was taken on 14.5.99 for violation of Regulations 19(1)(a) and 19(1)(c)(iii) of the Fertiliser (Control) order, 1985 (hereinafter referred to as the Order of 1985) Punishable under Section 3/7 of the Essential Commodities Act be quashed and simultaneously the complaint filed by the Fertiliser Inspector be also quashed. 4. It arises in the following circumstances:- , i) Rajmal Mehta, Assistant Director, Agriculture (Extention) Agriculture Sub District, Girwa (Udaipur), on July 9, 1998 went for sudden checking on the shop of the petitioner No. 1 M...
Resham Devi and ors. Vs. Chandra Prakash and anr.
Court: Rajasthan
Decided on: Oct-03-2001
Reported in: 2002(5)WLC405
Madan, J.1. This review petition having been filed with a delay of six days, arises out of judgment of this Court passed on 20.8.97 in Misc. Appeal No. 828/94 whereby the appeal was partly allowed enhancing the compensation amount to Rs. 2,66,000/- from Rs. 75,000/- awarded by the Motor Accident Claims Tribunal, Dholpur under Award dated 5.3.94 in MAC No. 86/93.2. As regards the delay of six days in filing the review petition, the cause stated for condonation of the delay is that the file was taken by the learned Advocate for Insurance Company, from the counsel of the appellant. In support of such an assertion Shri Anil Jain, counsel has filed an affidavit. In reply to the aforesaid submission Shri Vinod Tyagi advocate for the Insurance Company (respondent No. 2) also filed his affidavit controverting the grounds taken for condoning the delay viz. counsel's file remained with respondent's counsel from 12.8.97 to 30.9.97 and alleging such facts as false, frivolous and unconvincing. Howe...
Ashraf and ors. Vs. State and ors.
Court: Rajasthan
Decided on: Oct-03-2001
Reported in: RLW2003(1)Raj475; 2002(5)WLN334
Sharma, J. 1. Appellants Salim, Ashraf,, Races, Anis Kalu @ Rafiq, along-with Peelu and Bhura were indicted before the learned Special Judge, Communal Riots cases-cum-Additional Sessions Judge, Tonk, for having committed murder to Mohammad Arshad in Sessions Case No. 11/1993 (49/92). The learned Additional Sessions Judge after finding them guilty vide judgment dated August 4, 1995, convicted and sentenced them as under:- Kalu alias Rafiq, Ashraf, Salim, Races and Anis, under Section 302 read with 149 IPC to suffer imprisonment for life and a fine of Rs. 3000/- each. In default to further undergo six months simple imprisonment. Under Section 148 IPC to suffer six month's rigorous imprisonment. The accused Bhura was acquitted whereas accused Peelu had absconded during the trial. Against this judgment of conviction that the present action for filing the appeal has been resorted to by the appellants. 2. The prosecution story is like this. On the basis of Parcha Bayan Ex.P.22 of Mohammad ...
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