Rajasthan Court November 2003 Judgments
Pacl India Ltd. Vs. Union of India (Uoi)
Court: Rajasthan
Decided on: Nov-28-2003
Reported in: II(2004)BC331; [2004]120CompCas470(Raj); (2004)4CompLJ271(Raj); [2004]49SCL250(Raj)
ORDERY.R. Meena, J.1. In D.B. Writ Petition No. 6735/99, the petitioner has prayed that respondent SEBI be directed to withdraw their instructions dated 10-12-1999 and also quash the letter dated 30-11-1999 issued by respondent No. 2 addressed to petitioner No. 1 and further prayed that provisions of Section 11AA and Sub-section (IB) of Section 12 of the Securities and Exchange Board of India Act, 1992 (hereinafter referred to as 'the Act, 1992') be declared ultra vires the Constitution of India insofar as it includes 'Collective Investment Schemes'. The petitioner has further prayed that Regulations [Securities and Exchange Board of India (Collective Investment Schemes) Regulations, 1999] (hereinafter referred to as 'the Regulations, 1999') be declared ultra vires the Constitution of India being inconsistent with and in derogation of the Companies Act, 1956 and these Regulations should not be given effect.2. In D.B. Writ Petition No. 6747/1999, the validity of similar provisions are c...
Tag this Judgment!Jaipur Spg. and Wvg. Mills Ltd. Vs. N.M. Trading Co.
Court: Rajasthan
Decided on: Nov-28-2003
Reported in: [2004]53SCL195(Raj)
ORDERS.K. Keshote, J.1. Heard learned counsel for the plaintiff, perused the entire record of the suit.2. In compliance of the order of this Court dated 10th March, 1995 in S.B. Company Application No. 20/94 this suit bearing No. 552/1982 entitled Jaipur Spg & Wvg. Mills Ltd. v. N.M. Trading Co., has been transferred from Bombay High Court to this Court. After receipt of the papers of the said suit, the court has ordered for its registration.3. The suit was placed before the Court on 5th of April, 1996. The Court has been pleased to issue summons to the defendants. However, in spite of efforts made by the plaintiff, the service of the summons of the suit could not be affected on the defendants.4. On 22nd of February, 2001 the court permitted the plaintiff to serve the summons of the suit by the defendant by publication thereof in the Indian Express, Bombay Edition. This order has been complied with by the plaintiff.5. The summons of the suit for settlement of the issues, were published...
Tag this Judgment!Anil Cold Tyres Retreaders Vs. Rungta Projects Ltd.
Court: Rajasthan
Decided on: Nov-28-2003
Reported in: [2004]56SCL42(Raj)
ORDERS.K. Keshote, J.1. Heard learned counsel for the parties.2. The petitioners filed this Company Petition under Sections 433 and 434 of the Companies Act, 1956 ('the Act 1956') for winding up of the respondents' company.3. The respondents, in reply to the company petition, raised a preliminary B objection re-maintainability of the winding-up petition. In para No. 1 of the reply to the writ petition it is stated that 'the Company Petition is not maintainable in this Court inasmuch as this Court has no jurisdiction to entertain and try this company petition because the registered office of the respondents' company is situated at Kolkata.4. It is further stated that according to the Act, 1956 the petition of winding-up is maintainable in the Court having jurisdiction in relation to place where the registered office of the company is situated.5. Rejoinder to the reply has been filed by the petitioners. The contents of para No. 1 of the reply to the company petition has been replied by t...
Tag this Judgment!Bhim Singh Vs. Kan Singh
Court: Rajasthan
Decided on: Nov-25-2003
Reported in: II(2004)BC475; 2004CriLJ4306; RLW2004(1)Raj432; 2004(1)WLC526
Garg, J. 1. This criminal misc. petition under Section 482 Cr.P.C. has been filed by the complainant petitioner with the prayer that the impugned order dated 9.10.2002 passed by the learned Addl. Chief Judicial Magistrate, Nathdwara Distt. Rajsamand in criminal case No. 115/2001 by which the application of the complainant petitioner to amend the complaint filed under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as 'the Act of 1881') was dismissed, be quashed and set aside and the amendment application dated 5.1.2002 filed the complainant petitioner be allowed.2. It arises in the following circumstances:-On 22.2.2001, a complaint under Section 138 of the Act of 1881 was filed by the complainant-petitioner against the respondent in the Court of Addl. Chief Judicial Magistrate, Nathdwara stating inter-alia that a cheque No. 383326 for Rs. 2 lacs was issued by the respondent in favour of the petitioner, but the said cheque was dishonoured and it was returned...
Tag this Judgment!Kallu Chhipa Vs. State of Rajasthan
Court: Rajasthan
Decided on: Nov-25-2003
Reported in: I(2004)DMC596; RLW2004(4)Raj2255; 2004(2)WLC323
Shiv Kumar Sharma, J.1. The appellant was placed on trial before the learned Special Judge (Women Atrocities and Dowry Cases) and Additional Sessions Judge, Jaipur City/District Jaipur in Sessions Case No. 84/1997 for having committed murder of his wife Suman. Learned Trial Judge vide judgment dated December 3, 1997 convicted and sentenced the appellant as under:Under Section 302, IPC to undergo imprisonment for life and fine of Rs. 500/-, in default to further suffer three months Rigorous Imprisonment.Under Section 498A, IPC to undergo three years Rigorous Imprisonment and fine of Rs. 500/- in default to further suffer three months Rigorous Imprisonment.Sentences were ordered to run concurrently.2. Police Station, Nahargarh Road, Jaipur initially registered a case under Section 307, IPC on the basis of Parcha Bayan (Ex. P-2) of Suman (now deceased), which was recorded in the burn unit of SMS Hospital/Jaipur on March 26, 1996. In the Parcha Bayan Suman stated that the appellant used to...
Tag this Judgment!Additional Commissioner of Income Tax Vs. Rajasthan Spg. and Wvg. Mill ...
Court: Rajasthan
Decided on: Nov-24-2003
Reported in: (2004)190CTR(Raj)448
1. This appeal under Section 260A of the IT Act, 1961, is directed against the order of the Tribunal, Jaipur Bench, Jaipur, in ITA No. 1001/Jp/1992 and relates to the asst. yr. 1988-89.2. Two questions have been suggested by the appellant-CIT to be the substantial questions of law, arising for consideration in this appeal:(1) Whether, in the facts and circumstances of the case, the Tribunal was right in allowing the claim of expenditure to the tune of Rs. 25 lakhs as covered under Section 37(1) of the Act when the contribution was clearly hit by overriding Section 40A(9) of the Act.(2) Whether, in the facts and circumstances of the case, the Tribunal was justified in allowing the commission of Rs. 8,76,965 without appreciating the fact that no services were rendered by Eastern Fabrics Corporation.3. So far as question No. 1 is concerned, the same relates to contribution made by the assessee towards M/s Bhilwara Export Promotion Fund during the relevant assessment year and the same has ...
Tag this Judgment!Jafer Ahmed Vs. J.N.V. University
Court: Rajasthan
Decided on: Nov-21-2003
Reported in: RLW2004(1)Raj66; 2004(2)WLC222
Prasad, J.1. The facts and controversy involved in this bunch of petitions is common and therefore, for the sake of arguments, facts of S.B. Civil Writ Petition No. 4694/2003 'Jafer Ahmed v. J.N.V. University, are taken into consideration.2. Learned counsel for the petitioner submits that while the tests for Rajasthan Pre Medical and Rajasthan Pre Veterinary, examinations were conceived, for the guidance of the student, an information booklet was published. It has been produced with the petition annexure 1. This booklet was published having information about the modalities of admission process. In this booklet at page 17 mode of admission has been delineated which reads as under:The merit list of the successful and eligible candidate of RPMT/PVT-2003 shall be prepared category-wise. These successful and eligible candidates will be admitted in order of merit in General as well as reserved category up to the seats available in that category except the seats belonging to Category (a) of R...
Tag this Judgment!In Re: Sierra Micro Electronics Ltd.
Court: Rajasthan
Decided on: Nov-21-2003
Reported in: [2004]54SCL459(Raj)
ORDERS.K. Keshote, J.1. Heard learned counsel for the parties on the admission of the application.2. Admit. Shri B.C. Meena, Official Liquidator, accepts notices of the application.3. On the request of the learned counsel for the parties the matter is taken up for final hearing. This is the application under Rule 177 read with Rule 9 of the Companies (Court) Rules, 1959.4. In the application the prayer has been made for a direction to the Official Liquidator to accept the claim after condoning the delay, if any, made in filing thereof and pass such orders as may be deemed just and equitable in the facts and circumstances of the present case.5. Sierra Micro Electronics Limited was ordered to be wound up by this Court under order dated 8th of September, 1995 in Company Petition No. 17/1991.6. The Company (in liquidation) failed to repay the dues of the financial institutions including the applicant. ICICI Bank Limited, as a result of which the financial institutions filed Original Applic...
Tag this Judgment!State of Rajasthan and anr. Vs. Panna Ram and anr.
Court: Rajasthan
Decided on: Nov-21-2003
Reported in: [2004(102)FLR842]; RLW2004(3)Raj1681; 2004(2)WLC537
H.R. Panwar, J.1. The instant special appeal is directed against the order dated 7.10.1998 passed by the learned Single Judge, whereby the learned Single Judge dismissed the writ petition filed by the present appellants and maintained the ex- parte Award dated 28.6.1993 passed by the Labour Court cum Industrial Tribunal, Bikaner (for short, 'the Labour Court) in favour of the respondent-workman.2. The fact and circumstances giving rise to this appeal, in a nut shell, are that on reference having been made, respondents- workman filed a claim petition before the Labour Court stating therein that he was engaged as Beldar by the present appellants on 1.8.1987 and his services were terminated w.e.f. 29.3.89 without complying with the provisions of Section 25F of the Industrial Disputes Act, 1947 (for short, 'the I.D. Act'). It was further averred in the claim petition that the principle of 'last come, first go' has not been followed by the appellants and as such the termination of services ...
Tag this Judgment!Prithviraj Vs. State of Rajasthan
Court: Rajasthan
Decided on: Nov-19-2003
Reported in: 2004CriLJ2190; RLW2004(4)Raj2224; 2004(2)WLC601
Sunil Kumar Garg, J. 1. This appeal has been filed by the accused-appellant against the judgment and order dated 17-1-2001 passed by the learned Special Addl. Sessions Judge (Woman Atrocities), Sri Ganganagar in Sessions Case No. 93/98 by which he convicted the accused-appellant for the offence under Section 302, IPC and sentenced him to undergo imprisonment for life and to pay a fine of Rs. 1000/-, in default of payment of fine, to further undergo SI for two months.2. It arises in the following circumstances:--On 8-10-1998 at about 10.30 a.m., PW-5 Premraj gave a parcha bayan Ex, P/5 before PW-14 Khinv Singh Bhati, SHO, Police Station, Sadulsahar, District Sri Ganganagar stating inter alia that his sister Radha Devi aged about 30 years (hereinafter referred to as deceased No. 1) was married with the accused-appellant about 12-13 years back and because of that wedlock, deceased No. 1 had three children; one boy Naresh, aged about 11 years, another boy Vinod aged about 6 years and daugh...
Tag this Judgment!- ‹ Prev
- 2
- 3
- 4
- Next ›
- Last »