Rajasthan Court September 2001 Judgments
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Rajendra Singh Vs. State of Rajasthan
Court: Rajasthan
Decided on: Sep-11-2001
Reported in: RLW2003(3)Raj2006; 2002(1)WLN604
Sunil Kumar Garg, J.1. This appeal has bee filed by the accused appellant against the judgment and order dated 17.2.1997 passed by the learned Special Judge, NDPS Cases, Rajgarh District Churu in Sessions Case No. 79/96, by which he convicted the accused appellant for the offence under Section 8/18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the NDPS Act) and sentenced him to undergo ten years' Rigorous Imprisonment and to pay a fine of Rs. 1 lac, in default of payment of fine, to further undergo two years' R.I.2. It arises in the following circumstances:-On 13.8.996 at about 10.00 AM, PW 10 Jai Singh, SHO, Police Station Rajgarh lodged FIR Ex.P/16 with the Police Station Rajgarh District Churu stating inter-alia that on 13.8.1996 at about 6.30 AM, PW 10 Jai Singh alongwith PW 6 Diwan Singh, PW3 Mohar Singh, PW 1 Kailash Chandra and PW 5 Ram Kishan proceeded in a Government Jeep for the purpose of checking and at about 7.00 AM near the villa...
Union of India (Uoi) Vs. Grasim Industries Ltd.
Court: Rajasthan
Decided on: Sep-11-2001
Reported in: 2005(183)ELT12(Raj)
1. This is an application under Section 35H(1) of the Central Excise Act, 1944 at the instance of Union of India seeking reference as follows :'Whether the duty of excise encashed from bank guarantee can be refunded to assessee in cash when the assessee had passed on the incidence of such duty to any other persons ?'2. It appears that the respondent company M/s Grasim Industries Ltd. (White Cement Division) is engaged in manufacture of white cement. The plant was commissioned in 1988. The cement manufactured by the respondent-assessee (hereinafter referred to as 'assessees') was classified under sub-heading 2502.90 as such the assessee paid the Central Excise Duty as per the said classification. The assessee with effect from 22-4-1991 filed a classification list classifying white cement under sub-heading 2502.20. However, the Assistant Commissioner, Central Excise Division, Jodhpur passed an order classifying the white cement under sub-heading 2502.90. This was challenged by the assess...
Ranjeet Singh Vs. State of Rajasthan
Court: Rajasthan
Decided on: Sep-11-2001
Reported in: 2002(4)WLN511
H.R. Panwar, J.1. This criminal misc. petition has been filed by the petitioner challenging the order dt. 25.6.1997 passed by learned Additional Sessions Judge No. 1, Sri Ganganagar in Sessions Case No. 53/96, whereby the learned Sessions Judge took cognizance of the offences under Section 307 I.P.C. and Sections 27 and 30 of Arms Act against the petitioner and one Bakar Singh @ Bikar Singh.2. Aggrieved by the aforesaid order, the petitioner Ranjeet Singh has filed the present petition.3. I have heard learned Counsel for the parties. Perused the order impugned and the record of the case.4. First Information Report No. 99/94 was lodged by one Gamdur Singh at Police Station, Matiloratan against four persons namely Smt. Sujan Kaur, Raghuveer Singh, Ranjeet Singh and Bikar Singh for offences under Section 307 I.P.C. and Section 27 of the Arms Act. After investigation, police filed charge-sheet under Section 173 of the Cr.P.C. against Raghuveer Singh and Sujan Kaur. However, after investiga...
State of Rajasthan and ors. Vs. B.L. Yadav
Court: Rajasthan
Decided on: Sep-11-2001
Reported in: 2001(3)WLC651; 2002(3)WLN109
AR. LAKSHMANAN, C.J.1. Heard. Shri Manish Bhandari, for the appellants; and Shri Ashok Kumar Sharma, for the respondent.2. The State of Rajasthan and Director & Special Secretary, Panchayat Raj and Rural Development Department, Government of Rajasthan, are the appellants. The writ petition was filed by the respondent herein, Banwari Lal Yadav, with the following prayers :---(i) By an appropriate writ order or direction respondents may be directed to finalise the pension case of the petitioner within a time which the Hon'ble Court may prescribe. In the meanwhile petitioner may be granted an interim pension and respondents may be directed to award the same to the petitioner.(ii) By an appropriate writ order or direction the respondents may be directed to pay pension to the petitioner, according to the Rules prescribed for this purpose, and may further be directed to grant the arrears of pension to the petitioner since his retirement along with interest 18% p.a.(iii) The respondents may b...
Deep Singh and ors. Vs. Navratan and ors.
Court: Rajasthan
Decided on: Sep-11-2001
Reported in: I(2002)ACC205; 2002ACJ205; 2002WLC(Raj)UC153
J.C. Verma, J.1. This appeal has been filed by the appellants against the award dated 9.10.1996 passed by the Motor Accidents Claims Tribunal, Jaipur City, Jaipur, for enhancement of their compensation.2. In this case, the deceased was of the age of 23 years and he was unmarried. He had died in an accident taken place on 9.7.93 when he was hit by truck No. RSO 4409. The claim application was filed by the parents of the deceased. The Tribunal had awarded an amount of Rs. 81,600 as compensation and the appeal being for enhancement there is hardly any necessity to go into other aspects of the matter in regard to the negligence.3. The present appeal relates to the enhancement of the amount. Learned counsel for the appellants has placed reliance on the decision of the Hon'ble Supreme Court rendered in the case of Shanti Devi v. Amar Singh 1998 ACJ 848 (SC) and also on the case of Hanuman Sant v. Madan Lal 1998 ACJ 918 (Rajasthan) wherein it was held that even the unmarried deceased or unski...
Punnath Alias Purannath Vs. State of Rajasthan
Court: Rajasthan
Decided on: Sep-11-2001
Reported in: 2002(1)WLN1
Bhagwati Prasad, J.1. The present appeal has been filed by the appellant against his conviction and sentence recorded by the learned Sessions Judge, Jaisalmer Under Sections 302, 304 read with Section 397 IPC. He has been awarded sentence as under:Under Section 302 IPC: Life imprisonment with a fine of Rs. 2000/-. In default of payment of fine to further undergo two months S.I.Under Section 394 read with Section 397 IPC: Life imprisonment with a fine of Rs 2000/-. In default of payment of fine to further undergo two months S.I.2. The investigation started on the first information report lodged by Lakh Singh on 16.4.1996. According to the FIR his wife Mst. Magh Kanwar left home at 8:00 a.m. on 15.4.1996. She went to collect the fire wood from the fields. She did not return by late night. At about 10:00 p.m. on 15.4.1996 Sanwal Singh and another Lakh Singh came to his field and informed him that his wife could not be traced. The next early morning, complainant went in search of his wife....
Rajendra Prasad Vs. the State of Rajasthan and anr.
Court: Rajasthan
Decided on: Sep-11-2001
Reported in: 2002(2)WLN231
Sunil Kumar Garg, J.1. This revision petition has been filed by the accused petitioner against the order dated 6.8.2001 passed by the learned Judicial Magistrate No. 2, Jodhpur by which he rejected the application filed by the accused petitioner under Section 197 read with 258, 468 Cr.P.C.2. It arises in the following circumstances:The respondent No. 2 Smt. Rajshree James (hereinafter referred to as the complainant) lodged a written complaint before the Superintendent of Police, Jodhpur on 22.8.2000 against the present accused petitioner, who was IFS and was posted as Director, Arid Forest Research Institute, Jodhpur stating inter-alia that in the office of Director, Arid Forest Research Institute, she was Stenographer Gr. II and she was working under the supervision of the accused petitioner. It was further alleged in the complaint that she joined the said institute in 1993 and she is a married lady having two children and the accused petitioner joined this Institute in Sept. 1998 on ...
Panna Lal Vs. State and ors.
Court: Rajasthan
Decided on: Sep-11-2001
Reported in: 2002(3)WLN231
Rajesh Balia, J.1. The appellant had been appointed as an untrained Physical Instructor in the Education Department, Churu by order dated 27th Dec, 1972 on temporary basis after his name was sponsored by the District Employment Exchange, Churu. The petitioner was confirmed as an substantive employee in the Govt. service w.e.f. 28th Dec, 1974. By yet another order dated 20th April, 1983 the appellant-petitioner was treated to be trained in terms of the Govt. order dated 12th Dec., 1978 and he was accordingly fixed in the pay scale applicable to trained teachers w.e.f. 29.12.1982 on completion of 10 years of service, with future increments due on 29th December of the succeeding years. Thereafter, vide order dated 11th March, 1983 (Annx. P/2) while working on the post he was made to superannuate on 29th Feb., 1998 on completion of 55 years of age only.2. During the fixation of retiral benefits, the question has been raised by the petitioner that he has been prematurely retired before comp...
Shanker Lal Vs. State of Rajasthan
Court: Rajasthan
Decided on: Sep-10-2001
Reported in: RLW2003(3)Raj1556; 2002(3)WLN285; 2002(3)WLN285
Garg, J. 1. This appeal has been filed by the accused appellant against the judgment and order dated 2.9.2000 passed by the learned Special Judge, NDPS Cases, Jodhpur is Sessions Case No. 130/98, by which he convicted the accused appellant for the offence under Section 8/18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the NDPS Act) and sentenced him to undergo ten years' Rigorous Imprisonment and to pay a fine of Rs. 1 lac, in default of payment of fine, to further undergo 2 1/2 years' R.I.2. It arises in the following circumstances:-On 30.7.1998 at about 5.00 PM, PW 5 Naraindan, who was SHO, Police Station Sadar, Pali, after receiving some information, proceeded towards Jodhpur Road and when he was checking, at about 6.15 PM, at Pali- Jodhpur Road Railway Phatak Gumti,. he received a secret information from mukhbir to the effect that one Shankarlal (accused appellant) had kept milk of opium in the dikki of his motor cycle Suzuki bearing No. ...
Prem Chand Vs. Sate of Rajasthan and ors.
Court: Rajasthan
Decided on: Sep-10-2001
Reported in: 2002(1)WLC213; 2003(1)WLN686
Shiv Kumar Sharma, J.1. Instant Habeas Corpus petition has been filed by the petitioner Prem Chand who is the father of abducted boy Chandra Bhan with the prayer that the direction be issued to the State of Rajasthan to produce Chandra Bhan and driver Bachhu Singh before this Court and their custody be restored to the petitioner.2. The first information report was lodged by one Rajesh Kumar with the Police Station Kotwali, Bharatpur on 15.6.2000 at 2.00 p.m. in regard to the abduction of Chandra Bhan and Bachhu Singh. The Police Station Kotwali, Bharatpur registered the case under Sections 420 and 365 I.P.C. vide FIR No. 249/2000 against the respondents namely Arvind, Pappu @ Raj Kumar and Rajendra Singh.3. It is averred in the petition that the police did not conduct the investigation in the manner required under the law and has so far not recovered either dead or alive, the abducted persons namely Chandra Bhan and Bachhu Singh. A representation was submitted on 18.6.2000, thereafter ...
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