Rajasthan Court February 2002 Judgments
Mahesh Chand Sharma Vs. State and ors.
Court: Rajasthan
Decided on: Feb-28-2002
Reported in: 2002(5)WLC87
Madam, J.1. With the consent of the parties, the matter has been heard finally at admission stage itself. The case of the petitioner in short is that pursuant to the advertisement issued in Rajasthan Patrika by the Director Sanskrit Education, Govt. of Rajasthan as per which 250 posts of General Teachers were advertised by the State Govt. for filling up the vacancies for the post of Teachers in the aforesaid department, petitioner applied for the post in the quota of physical handicapped candidates. As per the Rajasthan Employment of Physical Handicapped Rules, 1976 for short the 'Rules' there is reservation and relaxation for the physical handicapped persons. Sub-rule (1) of Rule 4 of the Rules stipulates, as under :- '4. Reservation and relaxation of physical and Medical Standards for physically Handicapped persons :- (1)(i) For appointment to posts in Subordinate Ministerial and Class-IV Services, 3% of the posts (1% for the Blind 1% for the Deaf and/or Mute and 1% for the Orthoped...
Tag this Judgment!Master Constructions Vs. Secretary Phed and ors.
Court: Rajasthan
Decided on: Feb-27-2002
Reported in: AIR2002Raj305; 2002(2)WLC540; 2002(4)WLN693
Sharma, J.1. Can second writ petition be entertained on the subject matter respecting which the first writ petition of the same person was dismissed?This question emerges for consideration in the instant matter under the circumstances set out below.2. First writ petition bearing No.5633/2001 was submitted by he petitioner with the following prayer-(i) to issue any order or direction or writ of any nature directing non-petitioner No.1 Financial Committee not to approve the grant of contract in pursuance of NIT No.14/2000-2001 work of 900 mm PSC Pipe Line Stretch between Sahawa to Bhaleri under package CBPL-1 and 15/2000-2001 15/2000-2001 in relation to the work of 900 mm PSC Pipe Line Stretch between Bhaleri and Churu under package CBPL-2 of Churu - Bissau Water Supply Project dated 22.7.2000;(ii) to issue any order or direction writ of any nature declaring the tender submitted by Bhuratnam and Co. and other tenderer who has not deposited 2% earnest money alongwith the tender form in re...
Tag this Judgment!Somdutt Sharma Vs. State
Court: Rajasthan
Decided on: Feb-27-2002
Reported in: 2002(5)WLC392
Madan, J.1. The case of the petitioner in short is that on the basis of his eligibility he applied for appointment in the cadre of Rajasthan Administrative and Allied Services for selection pursuant to the advertisement issued by RPSC dated 10.5.1999. 2. From the bare perusal of the advertisement, it is revealed that number of posts were advertised in the administrative as well as allied services for being filled up through the selection process. The petitioner was called for written examination in which he participated and thereafter called for interview vide Annexure-2 and after holding the interview, the RPSC prepared a merit list not only for the post of RAS but also for allied services including the services to the Rajasthan Tehsildar Services vide Annexure.3. 3. The result of the aforesaid combined examination was declared as per which the name of the petitioner was amongst the successful candidates but he was not given appointment. The law is well settled that merely on the basi...
Tag this Judgment!Vidya Prakash Johari Vs. Ram Mehar Singh and ors.
Court: Rajasthan
Decided on: Feb-27-2002
Reported in: RLW2003(2)Raj790; 2002(3)WLC576; 2003(2)WLN597
Misra, J. 1. The appellant Vidya Prakash Johari has filed this appeal against the order of the Motor Accident Claims Tribunal, Jaipur dated 29.3.2000 whereby the petitions of claim filed by the appellant claiming compensation for theseveral injuries sustained by him in course of the accident caused by Bus No. H.R.-10-A-427 owned by the Haryana Roadways and driven by the driver who was in the service of the Haryana Roadways, has been dismissed. 2. The perusal of the impugned award indicates that the reason for dismissal of the claim petition are two fold in regard to which three issues were essentially framed pertaining to the accident which took place on 21.10.93. The issues interalia were whether the accident was caused by Bus No. HR-10-A-427 on 21.10.93 near Guru Nanak Sansthan Bhawan, Adarsh Nagar, Jaipur at which place the bus No. HR-A-427 caused the accident in which the claimant appellant was injured and if that is correct what is the compensation that should be awarded to the cl...
Tag this Judgment!Asstt. Cit Vs. Laxmi NaraIn Mehta
Court: Rajasthan
Decided on: Feb-27-2002
Reported in: (2002)75TTJ(NULL)180
ORDERS.R. Chauhan, J.M.As the above appeals involve common points so we are disposing them of by this common order for the sake of convenience.2. These appeals by revenue have been filed for assessment years 1982-83, 1983-84, 1984-85 and 1986-87 respectively and are directed against the common order of Commissioner (Appeals), Jodhpur, dated 28-2-1992.3. We have heard the arguments of both the sides and also perused the records.4. The revenue has raised the sole common ground disputing the cancellation of assessment (reassessment) in assessment years 1982-83 and 1983-84, and has disputed the deletion of addition of professional receipts in assessment years 1984-85 and 1986-87.5. The learned Departmental Representative of revenue has contended that in assessment years 1982-83 and 1983-84 the learned Commissioner (Appeals) has deleted the additions made by assessing officer in respect of professional receipts also cancelled the assessments. He has contended that the assessing officer had ...
Tag this Judgment!Punjab National Bank Vs. Rakesh Kumar and ors.
Court: Rajasthan
Decided on: Feb-27-2002
Reported in: 2002WLC(Raj)UC451; 2002(3)WLN357
Sunil Kumar Garg, J.1. This first appeal has been filed by the plaintiff-appellant-Bank against the judgment and decree dated 26.7.1986 passed by the learned District Judge, Dholpur in Civil Suit No. 1/1984 by which he, on admissions of defendants- respondents, decreed the suit of the plaintiff-appellant-Bank for a sum of Rs. 1,68,587.45 and awarded pendente-lite and future interest at the rate of 6% p.a. on the principal amount of Rs. 1,45,000/- and further made defendants-respondents severally and jointly liable to make the payment of the aforesaid amount.2. It arises in the following circumstances:On 6.1.1984, the plaintiff-appellant-Bank filed a suit being No. 1/1984 in the Court of District Judge, Dholpur averring 'inter-alia' that the plaintiff-appellant-Bank is a Banking Company constituted under the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 having its Head Office at New Delhi and Zonal Office at Jaipur and it had one of the Branches at Mania Distric...
Tag this Judgment!Galba Vs. State of Rajasthan
Court: Rajasthan
Decided on: Feb-27-2002
Reported in: 2002(2)WLN636
Jagat Singh, J.1. This is appeal against conviction filed under Sub-section (2) of Section 374 Cr.P.C. on behalf of Galba, assailing the judgment of conviction and order of sentence dated 27th September, 1993 delivered by learned Addl. Sessions Judge, No. 1, Udaipur, who in Cr. Case No. 47/89, while acquitting four co-accused persons, convicted accused appellant under Sections 326 and 324, I.P.C. and awarded him 5 years rigorous imprisonment along with fine of Rs. 500/- as also 3 years' rigorous imprisonment respectively. Hence, this appeal.Though the appeal was filed through a counsel, however, subsequently the then learned Counsel was elevated to Bench and therefore, the accused appellant was issued notice. Inspite of repeated endeavor, he could not be served. The matter being of the year 1993, therefore, Mr. Talat Bari. learned Counsel of few years' standing, was appointed as amicus curiae under Legal Aid Programme.I have heard at length learned amicus curiae as also learned P.P. an...
Tag this Judgment!State of Rajasthan Vs. Toma Ram and ors.
Court: Rajasthan
Decided on: Feb-27-2002
Reported in: 2003WLC(Raj)UC148; 2002(2)WLN629
O.P. Bishnoi, J.1. This appeal has been filed by the State against the judgment of acquittal passed by the learned Sessions Judge, Balotra on 20.12.1989.2. The facts, in brief, are that on 3.5.1987 at 9.30 a.m., a written F.I.R. Ex.P/1 was lodged by Kana Ram S/o Khuma, Village Sada at Police Station, Sindhari. According to the F.I.R. Ex.P/1 the incident occurred during the night intervening 2nd and 3rd May, 1987. It was alleged that the respondent Toma his brother Oma along with Hema and Madhav entered the house of the complainant at about mid-night and forcibly lifted his sister Bharmi. According to the report Bharmi was put in a Jeep and was taken to some unknown destination. The F.I.R. disclosed that during the incident, the complainant Kana Ram received injuries by a Lathi and other villagers Punma, Kesa and Kumbha were eye-witnesses. A case under Section 366, I.P.C. was registered and investigation started. On 5.5.1987, the police intercepted the accused Toma along with Bharmi whi...
Tag this Judgment!Satyam Properties Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Feb-27-2002
Reported in: 2002(3)WLN361
Arun Kumar, C.J.1. The point for consideration in this batch of appeals is the validity of Rule 59-B of the Rajasthan Stamp Rules, 1955.2. Briefly the facts necessary for appreciating the controversy involved in these appeals are that the appellants purchased certain plots of land vide sale deeds executed by the vendors in their favour between 20th Sept., 1995 to 9th Jan., 1996. The sale deeds were stamped as per the consideration declared therein and they were submitted for registration before the authorities. The question about correct valuation of the sale deeds for the purpose of stamp duty arose for consideration. Following the decision of the District Level Committee, the Collector valued the properties at a rate more than what was disclosed as consideration in the sale deeds and issued notices for recovery of the balance amount of stamp duty. The appellants challenged the decision of the Collector about the enhancement in the valuation of the properties as well as the notices fo...
Tag this Judgment!Commissioner of Income-tax Vs. Ram Mohan Rawat
Court: Rajasthan
Decided on: Feb-26-2002
Reported in: (2002)175CTR(Raj)307; [2002]255ITR555(Raj)
1. On an application under Section 256(1) of the Income-tax Act, 1961, the Tribunal has referred the following question for our opinion :'1. Whether, on the facts and in the circumstances of the case, the Tribunal was justified in allowing full deduction under Section 80C in respect of NSCs which were purchased in the previous year not out of the income chargeable to tax for the relevant assessment year ?'2. The relevant assessment year is 1985-86. The assessee has declared the income of Rs. 18,700. Revised return was fifed on March 31, 1987, declaring additional income of Rs. 15,000 from other sources. During the course of assessment, the Assessing Officer has noticed that the assessee has claimed deduction of Rs. 30,000 on account of purchase of National Savings Certificates. He claimed deduction under Section 80C of the Act. The Income-tax Officer further noticed that investment in the NSCs is from the amount of FDRs which are matured in this year and not from 'the income chargeable...
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