Rajasthan Court March 2001 Judgments
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Karna Ram Vs. State of Rajasthan
Court: Rajasthan
Decided on: Mar-14-2001
Reported in: 2002(1)WLC93; 2002(1)WLN417
Mathur, J. 1. These two appeals arise from the common judgment dated 28th March, 1997 passed by the Special Judge for SC/ST (Prevention of Atrocities) Act Court, Jodhpur in Sessions Cases No. 98/1996 and 100/1996 convicting the appellants Kama Ram and Dhanna Ram for offence under Section 302 IPC and sentenced each of them to undergo imprisonment for life and to pay a fine of Rs. 100/-; in default of payment to further undergo simple imprisonment of one month.2. Briefly stated the prosecution case is that on 7th July, 1994 at about 7:00 A.M. deceased Ladu Ram, Head Master, Government Upper Primary School, Raneri left his house for attending the School and while be was passing through the filed of Birbal Ram, appellants Kama Ram from the western side and Dhanna Ram from the southern side armed with Dharia', knife respectively arrived and attacked on him, on accountof which, he succumbed to the injuries on the spot. The incident was witnesses by PW-9 Heera Ram- brother and PW-16 Shanker L...
Suresh Chand and ors. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Mar-14-2001
Reported in: II(2001)DMC17; 2001(4)WLC684; 2001(4)WLN642
Shiv Kumar Sharma, J.1. Instant criminal miscellaneous petition involves manifold legal questions that run as follows :(i) Whether after rejection of anticipatory bail application by the High Court, is the accused entitled to make second bail application before the Sessions Court under Section 438, Cr.P.C ?(ii) Whether a Sessions Judge is competent to grant second bail application under Section 438, Cr.P.C. ignoring the earlier rejection order the High Court ?(iii) Has the complainant locus standi to make application under Sub-section (2) of Section 439, Cr.P.C. seeking cancellation of bail granted to an accused ?(iv) Could the application made before the High Court under Sub-section (2) of Section 439, Cr.P.C, be remitted back to the Sessions Court for a fresh decision ?(v) What are the principles of judicial discipline and propriety ?2. Contextual facts depict that informant Fateh Singh instituted FIR on March 26, 1997 with the Police Station Mahuwa in regard to death of his sister V...
R.S.R.T.C. Vs. Shri Ramji Lal
Court: Rajasthan
Decided on: Mar-13-2001
Reported in: [2001(90)FLR1158]; 2001(2)WLC675
ORDERMisra, J. (1) The petitioner-Rajasthan State Road Transport Corporation has challenged the award of the Labour Court dated 21.3.1997 in which the Labour Court has been pleased to hold that the respondent-workman although had carried certain passengers in the vehicle, the same was done only at the time of 'test-drive' of the vehicle and at the most that was an irregularity on his part by which he did not cause any loss to the petitioner-Corporation. Moreover there is no evidence that any money was charged from the passengers.(2). In view of this finding, the learned Judge of the Labour Court held that the charge has been proved only partially in the sense that although an irregularity was committed by the respondent by carrying passengers at the lime of test-drive of the vehicle, there was no illegality as money was not charged from them. Therefore, the learned Judge of the Labour Court ordered for reinstatement of the respondent-workman with full back wages. However, a penalty was...
Smt. Munni Devi Vs. State of Others
Court: Rajasthan
Decided on: Mar-13-2001
Reported in: 2001(3)WLC104; 2001(2)WLN282
ORDERShethna, J.1. The petitioner belongs to Scheduled Caste of 'Harijan'. She is widow of Late Shri Sannu Lal Harijan, who died while on duty as 'Safai Karamchari' of Circuit House at Jodhpur. He died on 26.7.1989. When he died, he was permanent employee of State of Rajasthan as class IV employee on the post of 'Safai Karamchari'. He was insured by L.I.C. on 25.9.1986 under its Salary Saving Scheme. Under the said scheme, the premium was to be paid in instalments shown in Schedule of the Policy, which shall have to be paid by the employer, straightway deducting the amount from the salary of the employee. As per chart at Annex. R/1 produced along-with the reply affidavit of respondent No.1, State of Rajasthan, Rs. 70.90 was regularly deducted every month from the salary of Sannu Lal by way of L.I.C. premium from November, 1986 till July, 1988. However, in August, 1988, the said amount could not be deducted because Sannu Lal remained on extra ordinary leave without pay. And,thereafter, ...
Gaurav Audichya Vs. Dalpat Singh and anr.
Court: Rajasthan
Decided on: Mar-13-2001
Reported in: 2002(5)WLC675; 2001(2)WLN402
ORDERGarg, J.(1). This criminal revision petition under section 397 r/w 401 Cr. P.C. has been filed by the petitioner- complainant against the order dated 8.2.2001 passed by the learned Additional Chief Judicial Magistrate No. 1, Jodhpur in Criminal Case No. 165/99 by which he rejected the protest petition filed by the petitioner-complainant for taking cognizance against the respondents for Ihe offences under Sections 420, 468 and 120B IPC.(2). The facts giving rise to ihis criminal revision petilion are as follows:-The petitioner-complainant filed a complaint in the Court of Additional Chief Judicial Magistrate No.l, Jodhpur on 11.6.1999 against the respondent for the offence under seclions 420, 468 and 120B IPC and the same was sent to Police Station Shastri Nagar, Jodhpur under Section 156(3) Cr. P.C. for investigation, where FIR No. 165/99 was registered. After usual investigation, the police submitted I-'R No. 96/99 in that FIR holding inter-alia;-1. That no interpolation is made ...
Commissioner of Income-tax Vs. Sriram Jagannath
Court: Rajasthan
Decided on: Mar-13-2001
Reported in: [2001]250ITR689(Raj)
Rajesh Balia, J. 1. Heard learned counsel for the Revenue. None has appeared for the respondent in spite of service having been effected before May 15, 1998. 2. The Income-tax Appellate Tribunal, Jaipur Bench, Jaipur, on an application moved by the Commissioner of Income-tax, Jodhpur, under section256(1) of the Income-lax Act, 1961, has referred the following question of law arising out of its order in I. T. A. No. 1773 and 1817/JP of 1991, relating to the assessment year 1989-90 for the opinion of this court : 'Whether, on the facts and in the circumstances of the case, the Tribunal was legally justified in directing to delete the additions of Rs. 84,769 and Rs. 22,127 from the income of the assessee-firm, when the Tribunal has given finding that the said amount was income of the assessee-firm ?' 3. The facts as found by the Tribunal are that the respondent-assessee is a registered firm engaged in the business of dealing of agricultural commodities and adat. While the Assessing Office...
Management, Rambagh Palace Hotel Vs. Judge Labour Court, Jaipur and an ...
Court: Rajasthan
Decided on: Mar-13-2001
Reported in: 2001(4)WLC638; 2001(3)WLN672
Verma, J. (1). The labour dispute in regard to termination of service of respondent No. 2 Mithu Lal is still pending before the Labour Court for the last 17 years for final adjudication. Primarily for the reason that stay had been granted by this Court against the decision of preliminary issue in regard to legality of domestic enquiry held by petitioner management against the workman; the main dispute is still pending. (2). The respondent workman was dismissed from service in August, 1986. He raised the industrial dispute vide Annexure-5 and vide Annexure-7 dated 12.3.90 thedispute was referred to Labour Court for adjudication on the point of termination of service of workman. The workman challenged the order of termination on the point of domestic enquiry as well to the effect that the enquiry held by the management was unfair and not legal or against the principles of natural justice. This objection of petitioner was heard by Labour Court and vide order 9.6.92, copy of which is attac...
Dev Prakash Sharma Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Mar-13-2001
Reported in: 2001(4)WLC793; 2001(4)WLN306
Verma, J.(1). No one has appeared on behalf of respondent, nor any written statement has been filed, therefore, the writ petition is being decided on the facts as stated in the writ petition.(2). The fads of the case, as per pleadings and annexure attached to writ petition, are that the petitioner was appointed as class IV servant vide order dated 19.7.67 initially for a short period of three months and thereafter six months, but later on, promoted to the post of LDC vide order dated 1.6.70 (Annex.1). Despite the fact that the petitioner was working as clerk but his increments were not sanctioned. He had to file the writ petition No. 1326/81. He was granted the increments for the year 1980-81 and the writ petition came to be withdrawn,(3). According to petitioner his date of birth is 19.7.1951 as per certificate of Secondary School Examination passed in the year 1969, copy of which is attached as Annexure-4. According to petitioner the date of birth as entered in his service book is 19...
Commercial Taxes Officer, Anti-evasion Vs. Rajasthan Taxation Tribunal ...
Court: Rajasthan
Decided on: Mar-13-2001
Reported in: [2001]124STC257(Raj); 2001(3)WLC183; 2002(1)WLN222
Rajesh Balia, J.1. These three writ petitions are filed by the Commercial Taxes Officer challenging the order passed by the Rajasthan Tax Board, Ajmer, dated February 23, 1996, in respect of a common judgment delivered in three appeals arising out of three separate assessments for different periods against the same dealer Spectrum Colour Lab Pvt. Ltd.2. The actual nature of work done by the respondent-dealer, about which, there is no dispute is that they develop the films brought by the customers, make positive prints thereof and supply the positive prints and return the negative films back to the customers and they also undertake the work of enlarging the photo prints of different sizes.3. The case of the Revenue is that during the course of survey by the Commercial Taxes Officer on July 12, 1986, it was found that dealer has used chemicals and photographic papers costing Rs. 48,89,613.89 in the course of his business during April 1, 1986 to March 31, 1989 and has received through job...
Radheyshyam Vs. State of Rajasthan
Court: Rajasthan
Decided on: Mar-13-2001
Reported in: 2002(1)WLN56
N.N. Mathur, J.1. This appeal is directed against the judgment dated 16.12.1997 passed by the Additional Sessions Judge, Abu Road convicting the appellant of offence Under Section 302 IPC and sentenced to imprisonment for life and to pay a fine of Rs. 1,000/- and in default of payment to further undergo six months simple imprisonment.2. Briefly stated the prosecution case is that on 13.10.1994, deceased Smt. Kalawati was admitted in the Government Hospital at Abu Road in burnt condition. On receiving the information from the Doctor, PW-17 Bheem Singh, S.H.O Police Station Abu Road reached at the hospital and recorded the statement Exhibit P-15. Smt. Kalawati disclosed that she was married about seven to eight years back with the accused Radheyshyam. Her husband used to beat her after consuming liquor. On the date of incident, she was suffering from fever. Her husband threatened her after consuming liquor. He took up quarrel with her. He poured kerosine on her and lit fire. Her distress...
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