Rajasthan Court April 2002 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Bhanwar Lal Vs. State of Rajasthan
Court: Rajasthan
Decided on: Apr-11-2002
Reported in: 2002(1)WLC586; 2002(3)WLN616
Harbans Lal, J.1. This petition Under Section 482 Cr.P.C. has been filed by complainant Bhanwar Lal against the order dated 6.2.2002 passed by Learned Addl. Sessions Judge (Fast Track), Nagaur in Sessions Case No. 187/2001, whereby, the evidence of the prosecution has been closed.2. Briefly stated the relevant facts of the case are that in F.I.R. No. 224/97 Police Station, Ladnu lodged on the complaint of petitioner complainant, after investigation, a challan was filed against the non-petitioners No.2 to 4 for the offences Under Sections 341, 447, 323, 379, 325 and 302/34 I.P.C., wherein presently trial is pending. Learned Addl. Sessions Judge tried to summon Dr. D.K. Sharma, who conducted autopsy on the dead body of deceased Pukh Raj, but despite issuing of the summons, bailable warrants and warrant of arrest, the witness could not be produced by the prosecution and ultimately the evidence of the prosecution was closed on 6.2.2002 by the learned trial court as it was reported on his w...
Babulal Vs. State of Rajasthan
Court: Rajasthan
Decided on: Apr-10-2002
Reported in: [2003(96)FLR538]
Bansal, J. 1. Both the aforesaid appeals are directed against the judgment dated 21.10.1995 passed by the learned Addl. Sessions Judge, No. 3, Kota, Camp at Ramganj Mandi whereby the appellant Babulal has been convicted for offence under Sections 302 1PC and sentenced to undergo imprisonment for life and a fine of Rs. 200/-, in default of payment of fine to further undergo three months rigorous imprisonment. Appeal No. 676/1995 has been preferred by the appellant through the Supdt. Jail and the appeal No. 598/1995 has been filed through his Advocate, therefore, they are being decided by a common judgment.2. The brief facts of the prosecution case are that P.W. 1 Ramnarain submitted a written report Ex-P1 at Police Station, Suket, District Kota on May 7, 1994 at 3.30 p.m. It was inter-alia stated in the report that today i.e. May 7, 1994 at about 1.30 p.m. his nephew Lalchand s/o Dev Lal had gone to the house of his neighbour Babuial s/o. Ganga Ram Bheel to Iron his clothes, where Babul...
Lalla Vs. State of Rajasthan
Court: Rajasthan
Decided on: Apr-10-2002
Reported in: 2003(1)WLC576
Sharma, J. 1. The appellant was indicted before the learned Additional Sessions Judge, Hindaun City in Sessions Case No. 13/1997 for having committed murder of Ramjan vide judgment dated January 22, 1999. He was convicted and sentenced under Section 302 IPC to suffer life imprisonment and fine of Rs. 500/- in default to further suffer one month simple imprisonment. Against the said judgment present action for filing instant appeal has been resorted to by the appellant.2. On the basis of Parcha Bayan of injured Ramjan (since deceased) recorded on January 9, 1997, FIR No. 32/97 came to be registered at Police Station Hindaun City against the appellant and three others. It was interalia stated in the Parcha Bayan that on that day around 9.00 a.m. while Ramjan was standing outside his residential house the appellant and three others namely Battu, Hussain and Pintu came to the spot and appellant inflicted injury with Santoor (a cutting instrument) on his head which resulted in profused blee...
Lalji Mulji Transport Company Vs. State of Rajasthan and anr.
Court: Rajasthan
Decided on: Apr-10-2002
Reported in: RLW2003(2)Raj1237; 2002(5)WLN561
Mathur, J.1. By way of these petitions, petitioners have challenged the constitutional validity of Sub-sections (4), (8), (10) and (11) of Section 78 of the Rajasthan Sales Tax Act 1994, hereinafter referred-to as 'the Act' and, as such, they are disposed-of by this common order. Prayer has also been made to quash detention notice/order under Section 78(4) and (8). A further prayer has been made to quash the penalty order, if any, passed during the pendency of the writ.M/s. LALJI MULJI TRANSPORT COMPANY (324/2002) :2. A brief resume of facts would help in focusing attention on the dispute involved in these writ petitions. The petitioner Company is a transport Company having its office at Mumbai. It booked goods viz; Supari from M/s. Malabar Trading Company, Maloth for delivery to another registered dealer M/s. Sai Traders of Delhi. It carried invoice No. 431 dated 4.1.2002 of M/s. Malabar Trading Company, Maloth showing trade of Supari to M/s. Sai Traders. It also carried Bilty No, 323...
Nathi Singh Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Apr-10-2002
Reported in: RLW2003(2)Raj1386; 2002(4)WLC166; 2002(4)WLN643
Garg, J.1. This writ petition under Article 226 of the Constitution of India has been filed by the petitioner against the respondents on 21.2.1992 with a prayer that the impugned order dated 22.8.1991 (Anex.15) be quashed and the respondents may be restrained from making any recovery from the petitioner etc.2. It arises in the following circumstances:-i) The petitioner passed his High School Examination (Metric) in the year 1967 from the Board of High School and Intermediate Education, Uttar Pradesh. A photo copy of certificate of High Court is Annex.2. The petitioner thereafter passed Adhyapak Basic Prakashan Examination (B.T.C.) in the year 1975 from the Education Department, Government of Uttar Pradesh. The marksheet and certificate of BTC are marked as Annex.2 and 3 respectively. ii) The petitioner was selected by Zila Karamchari Vargh Samiti, Dungarpur for the post of Primary School Teacher Grade II (Metric trained) vide order dated 23/25.2.80 (Annex.4). The name of the petitioner...
Narottam Lal and anr. Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Apr-10-2002
Reported in: 2002(3)WLN525
Jagat Singh, J.1. Heard the learned Counsel for the parties.2. Oswal Samaj Panchayat of Rajnagar District Rajsamand by a registered sale deed dated 28.6.1990 sold 17 biswas agricultural land of Khasra No. 133 to Ambalal, Rajmal, Moolchand and Sohanlal. The above land was sold to the extent of 1/4th share to each of the purchasers mentioned above. At the time of sale vide map attached to Anx. 1 plots No. 1 to 4 were also demarcated. Plot No. 1 was sold to Ambalal, plot No. 2 to Rajmal, plot No. 3 to Moolchand and plot No. 4 to Sohanlal. It was also mentioned that in between the plots the lane was to be left by the plot holders according to their common consent. Anx. 1 is the registered sale deed of Rajmal whose son is the present petitioner No. 1. In the year 1990 Sohanlal plot holder No. 4 submitted the papers for conversion of his plot from agricultural to residential. Though he submitted the map that 10 ft. lane be left towards eastern and southern side of his plot. The above land wa...
Hanja Bai and ors. Vs. Sesa Ram and ors.
Court: Rajasthan
Decided on: Apr-10-2002
Reported in: 2003(2)WLC674; 2003(2)WLN435
H.R. Panwar, J.1. This appeal is directed against the judgment and award dated 10.12.1992 passed by learned Motor Accident Claims Tribunal, Bali (hereinafter referred to as 'the Tribunal') whereby the Tribunal awarded compensation of Rs. 28,000/- in favour of appellant claimants (for short 'the claimants' hereinafter referred to) and against respondents. Being aggrieved and feeling dissatisfied with the quantum of compensation, the claimants have preferred this appeal.2. Briefly stated facts to the extent they are relevant and necessary for decision of this appeal are that on 5.5.1990 at about 2.30 P.M. Rata Ram was proceeding on bicycle from Bali to Shrisela. When he reached near Officer's Colony, Bali and was opposite to newly constructed Krashi Mandi, at that relevant time a jeep bearing No. RRT 6098 came from behind, which was driven by respondent No. 1 Sesa Ram at great speed, rashly and negligently, hit the bicycle of Rata Ram, due to which Rata Ram fell down on 'Kachi Patari' (B...
Shantilal Vs. Chhagan Lal and ors.
Court: Rajasthan
Decided on: Apr-10-2002
Reported in: 2003(3)WLN554
S.K. Keshote, J.1. Both the revision petitions arises from two different suits, but the plaintiffs in these two suits are common though the defendants are different persons, but the points involved for consideration of this Court in these matters are identical and as such the same are taken up together for hearing and are being decided by this common order.2. The facts of these cases are taken for deciding these revision petitions from S.B. Civil Revision Petition No. 1599/99.3. The plaintiff petitioner filed a suit for eviction of the defendant non-petitioners No. 1 from the suit shop on the ground of default in payment of rent. Other grounds for eviction have also been taken i.e. reasonable and bonafide necessity of the suit premises and the material alteration made in the premises. The defendant non-petitioners have come up with the case that though originally the premises were taken on rent, but the plaintiff petitioner on 9.10.1993 executed an agreement to sale the suit premises o...
Commissioner of Income-tax Vs. Jodhpur Chartered Accountants Society
Court: Rajasthan
Decided on: Apr-09-2002
Reported in: [2002]258ITR548(Raj); 2002(3)WLN553; 2002(3)WLN553
N.N. Mathur, J. 1. This appeal under Section 260A of the Income-tax Act, 1961, is directed against the order dated July 27, 2000, passed by the Income-tax Appellate Tribunal, Jodhpur, directing the Commissioner of Income-tax, Jodhpur, to grant registration to the applicant-society under Section 12A of the Income-tax Act, 1961. 2. This appeal has been admitted by the order of this court dated July 24, 2001, on the following substantial question of law : 'Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was right in holding that on the proper construction of aims and objects of the assessee-association as disclosed in its constitution fall within the purview of Section 2(15) of the Income-tax Act so as to entitle the assessee-society to registration under Section 12A of the Income-tax Act ?' 3. The respondent-assessee is a society registered under the Rajasthan Societies Registration Act, 1958, in the name of 'Jodhpur Chartered Accountants Soc...
Commissioner of Income Tax Vs. Jodhpur Chartered Accountant Society
Court: Rajasthan
Decided on: Apr-09-2002
Reported in: RLW2003(1)Raj203
Mathur, J. 1. This appeal under Section 260-A of the Income Tax Act, 1961 is directed against the order dated 27.7.2000 passed by the Income Tax Appellate Tribunal, Jodhpur directing the Commissioner of income-tax, Jodhpur to grant registration to the applicant society under Section 12-A of the Income Tax Act, 1961.2. This appeal has been admitted by the order of this court dated 24.7.2001 on the following substantial question of law :-'Whether on the facts and in the circumstances of the case, the Income Tax Appellate Tribunal was right in holding that on the proper construction of aims and objects of the assessee association as disclosed in its Constitution fall within the purview of Section 2(15) of the income Tax Act so as to entitle the assessee society to registration under Section 12-A of the Income Tax Act?'3. The respondent assessee is a society registered under the Rajasthan Society Registration Act, 1958 in the name of 'Jodhpur Chartered Accountants Society, Jodhpur'. The as...