Rajasthan Court May 2002 Judgments
Mohini Devi and ors. Vs. Rajendra Kumar and ors.
Court: Rajasthan
Decided on: May-28-2002
Reported in: 2003(3)WLN408
H.R. Panwar, J.1. This appeal is directed against the judgment and award dated 17.3.1999 passed by the Motor Accident Claims Tribunal, Jaisalmer, (hereinafter referred to as 'the Tribunal') whereby the Tribunal dismissed the claim petition filed by appellant claimants (for short 'the claimants') under Section 166 of the Motor Vehicles Act, 1988 (for short 'the Act').2. Briefly stated facts to the extent they are relevant and necessary for decision of this appeal are that on 16.5.1997 at about 7.00 P.M. deceased Gordhanram was travelling in Jeep No. RJ-19 C 7127 from Nokha to Bheekhampur. The said jeep was driven by respondent No. 1 Rajendra Kumar, owned by respondent No. 2 Ramesh Chandra and was insured with respondent No. 3 the New India Assurance Company Ltd. (for short 'the Insurance Company'). Due to rash and negligent driving of the jeep by its driver respondent No. 1 Rajendra Kumar, the said jeep turned turtle and Gordhanram occupant of jeep fell down and was dragged by the jeep ...
Tag this Judgment!Mohd. HusaIn and anr. Vs. State of Rajasthan
Court: Rajasthan
Decided on: May-28-2002
Reported in: 2003(3)WLN261
Shiv Kumar Sharma, J.1. The six appellants, who were the accused on the file of learned Special Judge (Prevention of Sati) and Additional Sessions Judge, Jaipur City bearing Sessions Case No. 42/1997, found guilty for having committed offences under Sections 302/149 and 148 of the Indian Penal Code vide judgment dated 14.12.1998 and each of them was convicted and sentenced as under:302149148All the sentences were directed to run concurrently.2. The appellants, in the instant appeal, seek to impugn the aforequoted judgment.3. As per the prosecution story some unknown person on 12.4.1996 around 4.45 p.m. gave a call on telephone to Police Station, Vidhayakpuri, Jaipur City that quarrel had been picked up near Prince Tailors at M.I. Road. The information was entered in Rojnamcha at No. 1077 (Ex. P. 43A) and Rajendra Singh SHO (PW-14) reached at the spot where Naeem Ahmed (PW-1) handed over him a written report (Ex.P. 1) at 5.15 p.m. It was inter alia stated in the report by Naeem Ahmed th...
Tag this Judgment!The New India Assurance Company Ltd. Vs. Sunder Singh Rathore and ors.
Court: Rajasthan
Decided on: May-24-2002
Reported in: RLW2003(1)Raj690
Panwar, J.1. These eight appeals are directed against the common judgment and award dated 30.03.2001 passed by the learned Motor Accident Claims Tribunal, Pali (in short, referred to hereinafter as 'the Tribunal') whereby the Tribunal has awarded compensation to the claimant-respondents against respondents Bhima Mehra and Chandubha, owner and driver respectively as also against the appellant The New India Assurance Company Ltd. (in short, referred to hereinafter as 'the insurance company'). As all these cases arose out of one incident and relevant facts and questions of law being, therefore, common the Tribunal consolidated them and decided the claim cases by a common judgment impugned. Hence, these appeals are also disposed of by this common judgment. .2. Briefly stated, the facts of these cases to the extent they are relevant and necessary for the decision of the appeals are that: On 17.06.1993 at about 04.00 p.m. an accident took place near Electricity Board Office, Gundoj (Distt. P...
Tag this Judgment!Ram Lakhan Vs. Smt. Prem Kumari
Court: Rajasthan
Decided on: May-24-2002
Reported in: AIR2003Raj115
ORDERH.R. Panwar, J.1. This appeal under Section 28, Hindu Marriage Act, 1955 (in short, referred to hereinafter as 'the Act1) is directed against the judgment and decree dated 14-12-1998 passed by the learned Additional, District Judge No. 2, Bikaner whereby the petition filed by the appellant husband under Section 13 of the Act seeking a decree of divorce was dismissed.2. Briefly stated, facts to the extent they are relevant and necessary for the decision of this appeal are that : Marriage of appellant Ram Lakhan was held 12-7-1970 with respondent Smt. Prem Kumari according to Hindu rites and rituals. Three issues were born to them out of the wedlock who are now all major. In the application filed under Section 13 of the Act by the appellant on 15-10-1996 i.e., after almost 26 years of his marriage with the respondent, he alleged that the respondent is a very greed lady; out of his own income, he built two houses - one in the Jai Narayan Vyas Colony and another at Rajmata-Ki-Bari, ou...
Tag this Judgment!Himanshu Moorjani Vs. State of Rajasthan
Court: Rajasthan
Decided on: May-24-2002
Reported in: 2002CriLJ3141; RLW2003(2)Raj801; 2002(3)WLC668
Sharma, J. 1. This revision petition under Section 397 read with Section 401 Cr.P.C. arises out of the order dated 3.8.2001 passed by the learned Special Judge (Sati Nivaran), Jaipur by which he has framed charge under Section 201 IPC against the accused petitioner. 2. Brief facts giving rise to this revision petition are summarised as follows : Hemant, the principal accused in Sessions Case No. 7/2001 had intimacy with Kumari Darshna, sister of deceased Jatin, but after of Ku. Darshna arranged her marriage else where. Hemant became annoyed when he came to know about the engagement of Darshna. On the day bf incident i.e. 17.2.2001, Hemant along with his elder brother himanshu, the petitioner before this court, telephoned at the residence of Darshna and asked about Darshna and his brother, since deceased. Thereafter, Hemant called the deceased boy from the place where he was playing with one Umang Mathur and took the boy with him. 3. It has come in the statements of witnesses that at th...
Tag this Judgment!Yogesh Vs. Smt. Roop Kanwar and ors.
Court: Rajasthan
Decided on: May-24-2002
Reported in: RLW2003(4)Raj2590; 2002(5)WLC914; 2002(5)WLN257
Panwar, J. 1. This miscellaneous appeal filed by the owner of the defaulting vehicle is directed against the judgment and award dated 26.05.2001 passed by the Motor Accident Claims Tribunal, Udaipur (for short, referred to hereinafter as 'the Tribunal') whereby the Tribunal awarded a sum of Rs. 1,63,000/- by way of compensation in favour of the claimant-respondents holding the appellant (herein) liable for payment of the entire sum of compensation.2. The challenge to the award impugned in these proceedings by the appellant is manifestly directed against the respondent No. 7 National Insurance Company, the insurer. The appellant has prayed that the claim petition filed by the respondents No. 1 to 6 may be dismissed with costs or in the alternative, the Insurance Company, may also be held liable for making payment of the compensation. The entire contentions raised by the appellant center upon the sole question as to liability for payment of the amount of compensation awarded by the Tribu...
Tag this Judgment!Jeth Mal Purohit Vs. R.H.C. and ors.
Court: Rajasthan
Decided on: May-24-2002
Reported in: RLW2003(4)Raj2376; 2003(1)WLC66; 2002(5)WLN500
Calla, J.1. The petitioner herein came with the case that he was appointed as LDC on the establishment of the Rajasthan High Court vide order dated 20.7.1978. He was posted in the Accounts Section and also discharging his duties as an Accountant. By an order dated 26.2.1991, the petitioner was promoted as UDC wherein his name appears at serial No. 6. After his promotion as UDC, he appeared in the written examination held by Rajasthan High Court for the post of Junior Accountant and was declared successful in the said examination vide order dated 10.2.1992. The petitioner, thus became qualified Junior Accountant and vide order dated 1.10.92, he was promoted as Accountant in the pay scale of Rs. 1640-60-2600-75-2900. On 15.10.92, the High Court issued on order notifying the list of persons, confirmed on the post of Junior Accountant w.e.f. 2.10.92 and the name of the petitioner appears at Serial No. 2 in the said list. Thus, the petitioner is a confirmed Junior Accountant w.e.f. 2.10.92 ...
Tag this Judgment!Gupta and ors. Vs. State and anr.
Court: Rajasthan
Decided on: May-24-2002
Reported in: RLW2003(3)Raj1503; 2002(5)WLN67
Lal, J.1. This petition under Section 482 Cr.P.C. seeks quashing of the Criminal proceedings pending in Criminal Case No. 959/96 for the offences under Sections 29(1)(A) of the Insecticides Act, 1968 (hereinafter called in short, 'the Act') in the Court of learned Judicial Magistrate, 1st Class, Vijaynagar, Sriganganagar.2. Briefly stated, the relevant facts of the case are that Dr.P.N. Katiyar, the then Agricultural Officer (Plaint Protection)-cum-Inspector Insecticides, IGNP, Anupgarh alongwith Surjeet Singh Asstt. Agricultural Officer and Chhaganlal Sharma Agricultural Area Assistant inspected the shop of Handling Agent M/s.Rajasthan State Agro Industries Corporation Ltd. C/o Tharnia Agro Services Centre, Jaitsar on 23.2,92 at 11.45 a.m. in the presence of its owner Shri Gopiram Tharnia. They took and sealed the samples of melhyle parathion 2 per cent Dust bearing batch No. 160 manufacturing date November, 1992 and expiry date after 1994 manufactured by M/s.Gupta Chemicals, Jaipur a...
Tag this Judgment!Commissioner of Income-tax Vs. Ghewar Chand Soni
Court: Rajasthan
Decided on: May-24-2002
Reported in: [2003]263ITR650(Raj)
1. Heard learned counsel for the appellant.2. The appeal relates to the assessment year 1988-89. The only question sought to be raised by the Revenue in this appeal is that since the amendment made in Section 139(8) where any regular assessment is made for the first time, whether under Section 143 or under Section 147 of the Income-tax Act, 1961, for the purpose of levy of interest, it is still governed by the provision of Section 139(8).3. The Supreme Court has laid down in Modi Industries Ltd. v. Commissioner of Income-tax : [1995]216ITR759(SC) that (headnote) : 'The 'regular assessment' has been defined in Section 2(40) to mean the assessment made under Section 143 or 144. In the context of Sections 140A, 141 and 141A 'regular assessment' could only mean the original assessment made under Section 143 or 144. Having regard to the scheme of the Act and use of the phrase 'regular assessment' in various sections of the Act. In Section 214 'regular assessment' has been used in no other s...
Tag this Judgment!Jitendra Mehta Vs. Surendra Kothari
Court: Rajasthan
Decided on: May-24-2002
Reported in: 2002(3)WLN702
A.C. Goyal, J.1. Vide this petition Under Section 482 Cr.P.C. the accused petitioner has challenged the impugned order dated 6th May 2002, whereby the application of the accused petitioner Under Section 311 Cr.P.C. was dismissed.2. Relevant brief facts of the case are that the complainant non-petitioner filed a complaint Under Section 138 of the Negotiable Instruments Act 1881 (for short the 'Act'), with the averments that he advanced a sum of Rs. 60,000/- to the accused petitioner in the month of October 2000. Against this amount the accused petitioner issued a Cheque on 2nd December 2000 to the complainant. On presentation of that cheque to the concerned bank, the same was dishonoured. Thereafter a notice by registered post was sent to the accused petitioner but the accused petitioner did not arrange the payment.3. Learned Additional Chief Judicial Magistrate No. 6, Jaipur City, Jaipur, after conducting an inquiry, took cognizance Under Section 138 of the Act, vide order dated 24th M...
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