Rajasthan Court September 2001 Judgments
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State of Rajasthan Vs. Mega
Court: Rajasthan
Decided on: Sep-04-2001
Reported in: RLW2003(3)Raj1834; 2002(1)WLN588
Sunil Kumar Garg, J.1.This appeal has been filed by the State of Rajasthan against the judgment and order dated 31.12.86 passed by the Learned Chief Judicial Magistrate, Chittorgarh in Cr. Case No. 115/84 by which he acquitted the accused respondent for offence under Section 7/16 of the Prevention of Food Adulteration Act, 1954.2. This appeal arises in the following circumstances :(i) P. W. 1 Shankar Lal filed a complaint on 19.3.84 in the court of Chief Judicial Magistrate Chittorgarh alleging that on 4.10.83 while patroling the area near Bus-stand, Bhadsora, he saw accused respondent having milk and thereafter PW. Shankar Lal, Food Inspector disclosed his identity to the accused respondent and asked him to give a sample of the milk found with him. The respondent agreed to give sample of the milk. The Food Inspector Shankar Lal (PW.1) thereupon purchased 660 ml. milk from the respondent for consideration of Rs. 1.60/- and divided it into 3 equal parts and filled each part in a dry and...
Asstt. Cit Vs. Kohinoor Marbles Tiles and Kota Stone Syndicate
Court: Rajasthan
Decided on: Sep-04-2001
Reported in: (2002)173CTR(Raj)58
M.N. Mathur, J.This appeal under section 260A of Income Tax Act has been filed against the order of the Tribunal, Jaipur, dated 26-10-1998. This court by order dated 8-3-2000 found the following substantial question of law involved to be decided in this appeal : 'Whether the Tribunal was right in deleting the addition of Rs. 6,26,668 on account of underinvoicing simply on the ground that no addition is possible by making presumption and by generalisation notwithstanding the fact that the assessing officer while making this addition had verified the seized documents and the total sales, neither reflected nor the assessee has submitted satisfactory reply on account of undeclared sales and receipts.'2. Brief facts giving rise to the instant appeal are that the return was filed by the assessee-respondent M/s. Kohinoor Marbles, Tiles & Kota Stone Syndicate, Jaipur, on 18-7-1990, declaring the income of Rs. 48,230 and the same was processed under section 143(1)(a) by the Income Tax Officer, ...
State of Rajasthan Vs. Gurmeet Singh and anr.
Court: Rajasthan
Decided on: Sep-04-2001
Reported in: 2002(3)WLN306
Sunil Kumar Garg, J.1. This appeal has been filed by the State of Rajasthan against the judgment and order dared 3.6.1987 passed by the Additional Munsif and Judicial Magistrate, First Class, Sri Ganganagar, in Cr. Case No. 206/84 by which the learned Magistrate acquitted the accused respondent No. 1 Gurmeet Singh for the offence Under Section 25 of the Indian Arms Act, 1959 (hereinafter referred to as Act of 1959) and also acquitted the accused respondent No. 2 Iqbal Singh for the offence Under Section 30 of the Act of 1959.2. It arises in the following circumstances:That on 29.7.1982 A.S.I. P.W. 3 Saddique Mohammed along with other police officials of P.S. Kotwali, Sri Ganganagar, at about 6.20 P.M reached on the road running from Shri Ganganagar to Padampur, and found one Sardar having 12 bore gun and 2 live cartriges for which he was not having licence and at that time he was shooting pigeons. Thereafter, that 12 bore gun alongwith two live cartridges were seized through Fard Ex.P....
Nanda Ram Dakot Vs. Rustam and ors.
Court: Rajasthan
Decided on: Sep-04-2001
Reported in: II(2002)ACC360; 2003ACJ1862
J.C. Verma, J.1. This appeal has been filed by injured-claimant for enhancement of the compensation awarded vide award dated 30.6.1998 by the Motor Accidents Claims Tribunal, Kotputli, District Jaipur, in M.A.C.T. Case No. 370 of 1993.2. For the reason that the present appeal has been filed for enhancement of compensation, therefore, there is hardly any necessity to discuss any other aspect of the case.3. The claimant-injured sustained injuries in accident on 11.4.1992 when he was hit by truck No. HR 26-3665. After framing the necessary issues in regard to the negligence, accident and about quantum of compensation, the award has been passed. The Tribunal had found that the injured had suffered the injuries of dislocation and breaking of three teeth, amputation of left arm above elbow with 81 per cent permanent disability. The Claims Tribunal had found that injured-claimant was earning Rs. 1,200 per month. The Tribunal had awarded Rs. 2,00,000 for loss of teeth and amputation of left ha...
The State of Rajasthan Vs. Mangilal and anr.
Court: Rajasthan
Decided on: Sep-04-2001
Reported in: 2002(1)WLN72
Sunil Kumar Garg, J.1. This appeal has been filed by the State of Rajasthan against the judgment and order of acquittal dated 7.11.1996 passed by the learned Special Judge, NDPS Cases Jodhpur in Sessions Case No. 32/96 by which he acquitted the accused respondents of the charges for the offence Under Sections 8/18, 27A and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the NDPS Act').2. The facts giving rise to this appeal, in short, are as follows:-On 26.2.1996; PW-19 Idanram. Dy. SP came to Bhatiyana in connection with FIR No. 9/96 Police Station Phalsund at about 3.00 PM and then a wireless message was received that two smugglers were coming on a motor cycle from Sankda to Bhatiyana and both were young and wearing pent, shirt etc. and upon this, during Nakabandi, efforts were made to get them stopped at Sankada Fantay, but could not be stopped and, thereafter, they were chased and later on, motor cycle slipped in the sand and they tried t...
Jai Kishan and ors. Vs. Municipal Board
Court: Rajasthan
Decided on: Sep-03-2001
Reported in: 2002(1)WLN58
Joshi, J. 1. This revision is directed against the order dated 18.12.2000 passed by the learned Additional District Judge, Bhinmal in Civil Misc. case No. 53/99 'Municipal Board, Sanchore v. Jai Kishan and Ors.', whereby the application under Order 41 Rule 19 read with Section 151 CPC has been accepted and the appeal was re-admitted for hearing on its original number.2. Heard learned counsel for both the parties and perused the impugned order dated 18.12.2000. 3. Civil Appeal (decree) No. 5/1992 Executive Officer, Sanchore v. Jai Kishan and Ors. was presented in the court of District and Sessions Judge, Jalore and it was dismissed in default on 28th October, 1993. The Municipal Board, Sanchore moved an application under Order 41, Rule 19 C.P.C. on 30th October, 98 to restore the same. It was argued by the learned counsel for the petitioners- revisionist that the appeal was restored without showing sufficient cause after five years of its dismissal, therefore, the learned Appellate Cour...
Gada Ram and anr. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Sep-03-2001
Reported in: 2002(5)WLC719
S.K. Sharma, J.1. This appeal owes its origin in the judgment dated August 01, 1997 of the learned Additional Sessions Judge, Kotputaii, District Jaipur, whereby, the accused appellants were convicted and sentenced for having committed the murder of Kanha and Sultan, as under:-1. Accused appellants Gada Ram and KailashUnder Sections 302 of the Indian Penal Code. Imprisonment for life with fine of Rs. 100/- each in default, to further suffer three months' rigorous imprisonment.Under Section 147, 148, 324, 149, 323/149 of the Indian Penal Code. Rigorous Imprisonment for one year for each of the offences.Under Section 325/149 of the Indian Penal Code. Rigorous Imprisonment for two years each and a fine of Rs. 200/- in default, to further suffer one months' rigorous imprisonment each.Under Section 447 of the Indian Penal Code. Simple Imprisonment for three months' each.Accused appellants Jahara, Jagannath, Bhagaram, Ram Karan, Mo-hru, Smt. Geeta, Smt. Rewati and Smt. Mewali.Under Sections ...
Narendra Kumar Vs. Bhure Khan and ors.
Court: Rajasthan
Decided on: Sep-03-2001
Reported in: 2001(4)WLN660
B.S. Chauhan, J.1. The instant writ petition has been filed for quashing the order passed by the District Collector dated 6.9.2000 and also for quashing the order dated 30.5.2001 passed by the Board of Revenue.2. Shri J.L. Purohit, learned Counsel appearing for the respondents Caveator has raised the preliminary objection regarding the maintainability of the writ petition as such particularly in view of the fact that respondent No. 44 cannot be impleaded as a party being a Member of the Board of Revenue, Rajasthan. In support of his submission he has placed reliance upon Section 1 of the Judicial Officer Protection Act, 1850 which reads as under:No Judge, Magistrate, Justice of the Piece, Collector or other person acting judicially shall be liable to be sued in any civil court for any act done or ordered to be done by him in the discharge of his judicial duty...3. It is submitted by him that doctrine of ejusdam generis has to be applied to find out as who are the other persons, acting ...
Kundanmal Sons Vs. State and anr.
Court: Rajasthan
Decided on: Sep-03-2001
Reported in: 2002(2)WLN199
Rajesh Balia, J.1. The amendment application filed during the course of hearing for bringing on record the assessment order passed in pursuance of the impugned notice challenging the same, as the assessment order has been communicated to the petitioner during the pendency of the writ petition. As it relates to the circumstances which have arisen subsequent to the filing of the writ petition and does not change the nature of the issue raised in the petition, the amendment is allowed and the petitioner is permitted to file the assessment order passed in pursuance of the impugned notices.2. Heard learned Counsel for the parties.3. The petitioner has filed the writ petition challenging the notice dt. 16.5.2001 passed by the Commercial Taxes Officer, Pali under Sections 3, 4 and 12 read with Rule 10 and under Section 13 read with Rule 14(6) of the Rajasthan Tax on Entry of Goods into Local Areas Act; 1999 (for short, 'the Act of 1999') for making an assessment and levying penalty under Sub-...
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