Rajasthan Court July 2001 Judgments
State of Rajasthan Vs. Mahendra Singh
Court: Rajasthan
Decided on: Jul-16-2001
Reported in: 2002(2)WLN113
Garg, J. 1. This appeal has been filed by the Stale of Rajasthan against the judgment and order dated 19.9.1987 passed by the learned Sessions Judge, Jodhpur in Sessions Case No. 120/85 by which he acquitted the accused respondents Mahendra Singh of the charge for the offence under Section 376 1PC and Mithia of the charge for the offence under Section 376/114 1PC.(2). The facts giving rise to this appeal, in short, are as follows:-On 28.9.1985 at about 10.30 AM, PW3 Chuki wife of Pemaram, aged 17 years, resident of Beru District Jodhpur (hereinafter referred to as the prosecutrix) lodged an oral report with PW13 Narain Singh, SHO, Police Station Soor Sagar stating inter-alia that on 27.9.1985 she and her Nanad Tipu, PW5 went to field for taking fodder for animals and when they were collecting fodder, accused respondents Mahendra Singh and Mithia came there and the accused respondent Mithia first caught the throat of the prosecutrix PW3 Chuki and put her on the ground and he took out kn...
Tag this Judgment!Redhey Shyam Tanwar Vs. Asstt. Cit
Court: Rajasthan
Decided on: Jul-16-2001
Reported in: (2002)77TTJ(NULL)505
ORDERP.M. Jagtap, A.M.This appeal is filed by the assessee against a block assessment order under section 158BD of the Income Tax Act, 1961, for the block period comprising of assessment years 1986-87 to 1995-96 and upto the date of search, that is, 14-11-1995.2. The facts giving rise to this appeal, in brief, are that a search under section 132(1) was conducted at the residential premises of Shri Lal Chand Agarwal, Shri Prem Chand Agarwal and Shri Dharam Pal Agarwal on 14-11-1995, during which several incriminating documents, books of account, etc. were found and seized. From the examination of the seized record, it was noticed by the assessing officer that the transactions recorded therein also included transactions relating to M/s Sagar Agency (hereinafter referred to as the 'SA') a proprietary concern of the assessee. He also found that the said concern started its business from the business premises of M/s Lal Chand Prem Chand, a firm owned by the family of Shri Lal Chand Agarwal ...
Tag this Judgment!Smt. Rukmani Devi Vs. Badri Narayan
Court: Rajasthan
Decided on: Jul-16-2001
Reported in: I(2002)DMC552; 2001(3)WLC689; 2001(4)WLN692
Shiv Kumar Sharma, J.1. Instant miscellaneous appeal impugns the decree and judgment dated April 6, 1992 of the learned Judge Family Court, Ajmer whereby the petition under Section 13 of the Hindu Marriage Act 1955 (for short 1955 Act) was allowed and decree of divorce was granted in favour of the respondent-husband.2. The appellant-wife has assailed the impugned decree and judgment on the ground that the evidence produced by the respondent-husband was not sufficient to prove cruelty on the part of the appellant-wife. The parties were married on June 22, 1972 according to the Hindu rites at Delhi. Both lived together as husband and wife at Ajmer. In 1985 a girl was born out of their wedlock, who expired. The husband-respondent instituted a petition under Section 13 of the 1955 Act on the ground of cruelty. The wife-appellant denied the allegations by submitting written statement. As many as 7 issues were framed by the learned Family Court on the basis of the pleadings of the parties wh...
Tag this Judgment!Hindu Ram and anr. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jul-16-2001
Reported in: 2002(1)WLN34
N.P. Gupta, J.1. The matter comes up for consideration of stay petition, however, with consent of the learned Counsel appearing, the revision petition itself has been finally heard.2. By the impugned order, the learned Additional Chief Judicial Magistrate hearing the application filed on the side of the prosecution Under Section 169 Cr. P.C. and after considering the matter on merits, dismissed that application and took cognizance against the petitioners Hinduram and Kanaram for the offences Under Sections 307, 147, 148, 149, 341 and 323 IPC and ordered the case to be committed to the Court of Session as the offence Under Section 307 is exclusively triable by the Court of Session.3. It appears from the impugned order that the FIR was lodged against more accused persons and the police after investigation did submit charge sheet against other accused persons Gokalram, Narayan Ram, Kama Ram, Shaitanaram and Ramlal while it did not find the material to be sufficient against the two petitio...
Tag this Judgment!National Insurance Co. Vs. Mansa Ram and ors.
Court: Rajasthan
Decided on: Jul-13-2001
Reported in: 2002(2)WLC161; 2003(2)WLN245
Tatia, J.1. Heard learned counsel appellant as well as claimants and the owner of the vehicle. None appeared for the driver of the vehicle.2. The brief facts relevant for the purpose of decision of this appeal are asunder:-3. That on 19.6.93 at about 7.00 PM driver Ramchandra was driving Jeep No. RST 5184 and Gorkharam, Joraram, Anopram, Indraraj and Fatharam were traveling in the Jeep. At about 8.30 PM near Bawari a truck No. RJ19-G-1221 came and hit the Jeep causing death of Jeep driver Ramchandra on spot and in the same accident Indraraj and Joraram also died. The present claim petition was filed by the father and mother of deceased Ramchandra. At the time of accident deceased Ramchandra was of the age of 25 years only and it is stated that he was having a valid driving licence. Due to this accident the present claim petition was filed by Mansa Ram and Smt. Rukadi Devi who are the father and mother of the deceased Ramchandra and the claim case No. 116/94 was registered before the Ac...
Tag this Judgment!Akshay Kumar Jagdhari Vs. the State of Rajasthan and anr.
Court: Rajasthan
Decided on: Jul-13-2001
Reported in: 2002(3)WLN533
J.C. Verma, J.1. The petitioner is challenging the order dated 20.1.1998 (Ann. 15), by which a direction has been issued by the Dy. Secretary to hand over the additional charge of the post of Director Archeology & Museum Department to one Shailendra Agrawal, Director Tourism as additional charge of the department, with the prayer that the petitioner be allowed to work as Director, Archeology & Museum Department, Rajasthan (herein after referred as 'Department') and to hand him over the charge of the post of Director w.e.f. 1.4.1999 on the basis of his seniority/merit Under Rule 26 with all consequential benefits of computing his pension and gratuity as well.2. The petitioner was initially appointed oh the post of Custodian in department on 4.5.1968 and engaged as Publication Officer. He was regularly, appointed on the post of Publication Officer Under Rule 28(1) of Rajasthan Archeology Museum Service Rules, 1960 (herein after referred as 'Rules'). He was confirmed on the post in the ye...
Tag this Judgment!Ashok Bhatnagar Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Jul-13-2001
Reported in: 2002(2)WLC479; 2002(5)WLN372
J.C. Verma, J.1. On the anonymous complaint received by the department to the effect that the petitioner was living in a rented house at Jaisalmer which belonged to some prostitute and that the petitioner was having some illicit relations with some other prostitute, a report was called from the Additional Commissioner Excise, Jodhpur. The said Addl. Commissioner made a formal visit to Jaisalmer on 25.10.1996, where the petitioner was posted and on some enquiry being made by such Officer, he found that the petitioner was living in a rented house belonging to one Meena, who was prostitute. The report was sent to Excise Commissioner. In preliminary enquiry after issuing explanation letter to petitioner, the department was of the opinion that the conduct of the petitioner in living in the rented house of some prostitute had tarnished the image of the department, and therefore, the character of the petitioner was termed to be of lose character. The matter did not stop there, but while filli...
Tag this Judgment!Sardar Singh and ors. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jul-12-2001
Reported in: 2002(5)WLC626; 2002(1)WLN623
Singh, J.1. This appeal has been filed under Section 374 Cr.P.C. against the judgment dated 4.4.2000 delivered by learned Special Judge, NDPS Act Cases, Jodhpur by which each of the three appellants herein have been convicted under Section 8/18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 thereinafter referred as 'the Act') and awarded minimum sentence of 10 years rigorous imprisonment along with a fine of Rs. 1,00,000/-.2. Brief facts are that PW-1 Shri Kalyanmal Meena Dy. S.P. who was Circle Officer of Jaisalmer on 1.4.1999 at 3.45 P.M. received a secret information at his office that three persons named Sardar Singh, Rajmal and Moolchand are likely to hand over charas to some persons at Damar Road between Baramsar and Baisakh. Mr. Kalyanmal got the above secret information recorded in his rojnamcha at Sr. No. 31 which is Ex.P/1 and simultaneously informed the Superintendent of Police on telephone who was also having his office nearby and in the same building. He simil...
Tag this Judgment!Bhure Khan and anr. Vs. Shyam Sunder Sharma
Court: Rajasthan
Decided on: Jul-12-2001
Reported in: 2002(5)WLC751
Misra, J.1. A decree of eviction has been passed against the defendants/appellants herein after the trial court as also the first appellate court recorded a finding against them that they are guilty of default in payment of rent for more than 6 months due to which their defence was struck off by the trial court. The suit was consequently decreed, which was upheld by the first appellate court. This second appeal has been preferred against the concurrent judgment and decree passed by the two courts below.2. Learned counsel for the appellants sought to raise a substantial question of law in this appeal by contending that although the defence of the defendant-appellant on the ground of non-payment of rent was struck off by the trial court, they could not have been precluded from examining the witnesses and contesting the other ground of eviction which was of non-user. In support of his submission he has placed reliance on a judgment of the Division Bench Ramesh Chand Pandey and Anr. v. Bab...
Tag this Judgment!Management Committee, Kanodiya Mahila Mahavidyalaya, Jaipur Vs. Univer ...
Court: Rajasthan
Decided on: Jul-12-2001
Reported in: AIR2001Raj354
Hon'ble Verma, J.1. The petitioner is the Management of Kanodiya Mahila Ma-havidyalaya (here-in-after called the College), Jawahar Lal Nehru Marg, Jaipur established by the Kanodiya Charitable Trust. The college is affiliated to the University of Rajasthan as it receives grant-in-aid from the State to the tune of 90%.2. Under Chapter XX of the Ordinance of the University, the colleges are to be affiliated. The college was running the under- graduate courses when it had applied for affiliation for post- graduate courses for the session 1993-94 for the subjects namely M.A. (English Litt.), M.A. Political Science and M.A. History. It was provisionally affiliated for the said courses. The college had again applied for the provisional affiliation for the session 1994-95, 1995-96 and for permanent affiliation w.e.f. the session of 1996-97.3. According to the petitioner is fulfilled all the requisite conditions for affiliation as given by the University. When an inspection was made by the Off...
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