Rajasthan Court December 2003 Judgments
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Tan Sukh Vs. State of Rajasthan
Court: Rajasthan
Decided on: Dec-16-2003
Reported in: RLW2004(4)Raj2212; 2004(2)WLC481
Sunil Kumar Garg, J.1. This appeal has been preferred by the accused appellant against the judgment and order of conviction dated 28.09.1987 passed by the learned Additional Sessions Judge No. 2, Hanumangarh in Sessions Case No. 92/85 by which the learned Addl. Sessions Judge No. 2 while acquitting accused appellant for offence under Section 376/511 I.P.C., convicted him for offence under Section 354 IPC and sentenced him to one year's R.I.2. It arises in the following circumstances :i) On 21.11.84 P.W.1 Mahendra Singh lodged an oral report (Ex.P/1) with the Police Station Hanumangarh Town stating inter alia that accused-appellant and PW.1 Mahendra Singh used to work in the field of one Charan Singh along with their families and in the night of 08.11.84 children of PW.1 Mahendra Singh were sleeping in a room and rest of the family members were sleeping outside the room. It was also stated in the report (Ex.P/1) that family of accused appellant along with his children was also sleeping ...
Gopal Sharan and ors. Vs. Smt. Radha Devi and ors.
Court: Rajasthan
Decided on: Dec-15-2003
Reported in: AIR2004Raj129; 2004(2)WLC179
Shiv Kumar Sharma, J.1. Instant appeal impugns the judgment dated November 15, 1983 of Additional District Judge No. 2, Jaipur City, Jaipur in Execution Case No. 8/1983 (28/ 1981) whereby learned executing Court observed that the appellants were not entitled to actual physical possession of the property in question, however they could get symbolic possession.2. Contextual facts depict that vide decree dated December 20, 1980 learned District Judge Jaipur City issued directions in favour of the appellants and against respondent No. 13 to the effect that on depositing by appellants Rs. 48999/- within two months of the date of decree a sale deed would be executed by respondent No. 13 in favour of appellants and possession of the property would be handed over to the appellants. Pursuant to the directions, the appellants deposited the amount. Since, respondent No. 13 avoided to execute the sale deed, it was executed and got registered by the Court. The appellants thereafter filed execution ...
The New India Assurance Co. Ltd. Vs. Smt. Jhamku and ors.
Court: Rajasthan
Decided on: Dec-11-2003
Reported in: II(2004)ACC876; RLW2004(2)Raj1181; 2004(2)WLC760
Prakash Tatia, J.1. At the request of learned counsel for both the parties service of respondents No. 5 and 6 are dispensed with as they did not appear before the tribunal and the impugned award was passed by the tribunal against the appellant Insurance Company only.2. Learned counsel for the parties submit that the appeals can be decided as the short pointed involved in these appeals and there is no dispute between the parties if the matter is remanded back to the learned Motor Accident Claims Tribunal, Udaipur for deciding the claim petitions in accordance with law. Therefore, at the request of both the counsel, appeals are heard on merit. Since in all these three appeals, the question of law involved is one and the same and the Motor Accident Claims Tribunal, Udaipur has decided the claim petitions by a common order dated 9.12.96, therefore, the fact of one of the claim petition will serve the purpose to understand the controversy. Therefore, the facts of one of the claim petition i...
State of Rajasthan and ors. Vs. J.N.V. University and ors.
Court: Rajasthan
Decided on: Dec-11-2003
Reported in: RLW2004(4)Raj2235; 2004(2)WLC543
N.N. Mathur, J.1. By the impugned judgment dated 13th October, 2000, the learned Single Judge has directed the appellants herein to determine pension of the third respondent Pukh Raj Singhi by taking his eligible service between 18.8.1941 to 16.11.1982, that is to say untill before he joined the service of the University on 17.11.1962 as per the rules applicable from time to time with effect from the date of filing of writ petition i.e. 16.8.1994.2. The core question arises for consideration in this Special Appeal is as to whether a person, who has left the service by tendering resignation, is entitled to retrial benefits3. The factual score which has bearing on the controversy involved is that the third respondent herein Pukh Raj Singhi was appointed as L.D.C. on 18th August, 1941 in the erstwhile State of jodhpur, on formation of Slate of Rajasthan, he was shifted to Jaipur in the year 1948. There, he was promoted as U.D.C. in the year 1956 in the office of the Registrar, Cooperative...
Hindustan Zinc Ltd. Vs. M.L. Khuteda and ors.
Court: Rajasthan
Decided on: Dec-09-2003
Reported in: II(2004)ACC428; 2005ACJ936; RLW2004(2)Raj1176; 2004(2)WLC495
Prakash Tatia, J.1. Heard learned counsel for the parties.2. These two appeals and the cross-objection of the claimant are against theaward dated 8.4.96 passed by the Motor Accident Claims Tribunal, Bhilwara in ClaimCase No. 505/92 (180/91) by which the learned Tribunal awarded claim of total Rs.2,61,000/- to the claimant-respondents.3. Brief facts of the case are that the accident took place between Jeep No. RJ-6-C-102 with Dumper No. 2232. Both the vehicles were owned by the respondent Hindustan Zinc Ltd. The dumper was insured with United India Insurance Co. Ltd. whereas the Jeep was insured with the Oriental Insurance Co. Ltd. In the accident, the driver of the Jeep Bhanwarlal expired. The tribunal held that the accident was caused due to the rash and negligent driving of Kanhaiyalal, the driver of the dumper and held that death was not caused because of any negligence of the deceased Bhanwarlal. However, while deciding the issue No. 5, the tribunal held that the risk of the 3rd pa...
Shyam Bihari @ Deena Vs. State of Rajasthan
Court: Rajasthan
Decided on: Dec-04-2003
Reported in: RLW2004(4)Raj2215; 2004(2)WLC160
Khem Chand Sharma, J.1. These two criminal appeals, one by appellant Shyam Bihari @ Deena and another by appellants Babulal and others arise out of the judgment and order dated 2.2.99 passed by the Additional Sessions Judge, Chhabra, district Baran, thereby convicting and sentencing the accused appellants in the following manner: Appellants Shyam Bihari @ Deena :Under Section 302 IPC: to undergo life imprisonment and to pay a fine of Rs. 1000/-. In default of payment of fine to further undergo six months simple imprisonment.Under Section 324 IPC: to undergo simple imprisonment for one year and to pay a fine of Rs. 500/-. In default of payment of fine to further undergo three months' imprisonment. Appellant RajendraUnder Section 324 IPC: to undergo simple imprisonment for one year and to pay fine of Rs. 500A. In default of payment of fine to further undergo simple imprisonment for three months.Under Section 323 IPC: to undergo simple imprisonment for six months and to pay a fine of Rs. ...
Commissioner of Income Tax Vs. Bhawal Synthetics (India)
Court: Rajasthan
Decided on: Dec-03-2003
Reported in: (2004)188CTR(Raj)49
1. Heard the learned counsel for the appellant.2. We are satisfied that the following substantial questions of law do arise for consideration in this appeal under Section 260A of the IT Act against the order of the Tribunal dt. 28th March, 2003 :'1. Whether, in the facts and circumstances of the case, the interest earned on fixed deposit receipts used by the assessee as borrowing margin money for funds for setting up the industry can be termed as inextricably linked with the process of setting up of industry so as to be considered as capital receipt and not revenue income?2. Whether, in the facts and circumstances of the case, the Tribunal was justified in law in holding that the enquiry conducted by the AO before assessment order was passed was proper and adequate enquiry so as not to render the assessment order erroneous and prejudicial to the interest of the Revenue, as held by the CIT in his order under Section 263 of the IT Act?'3. Admit. Issue notice....
Municipal Board Khumber Vs. Yadu Nath Singh
Court: Rajasthan
Decided on: Dec-03-2003
Reported in: AIR2004Raj79; 2004(4)WLC597
A.C. Goyal, J.1. This civil first appeal under Section 96 of the Code of Civil Procedure has been preferred by the plaintiff-appellant against the judgment and decree dated 22-9-1987 whereby learned Additional District Judge No. 2, Bharatpur dismissed the suit for recovery of Rs. 11,914/-.2. The relevant facts in brief are that the plaintiff filed a suit for recovery of Rs. 11,914/- with the facts that the defendant-respondent participated in a public auction for holding a cattle fair in July, 1982. Highest bid of Rs. 30,000/- made by the defendant was accepted by the plaintiff and in pursuance thereof the defendant deposited a sum of Rs. 7,000/- as earnest money and managed the fair held during the period commencing from 20-7-1982 to 26-7-1982. The total collection of income during this period came to Rs. 12,646/-. A total sum of Rs. 19,646/- (Rs. 12,646/- + Rs. 7000/-) was adjusted against the bid amount of Rs. 30,000/- and thus a sum of Rs. 10,354/-in balance was to be paid by the d...
Dhara Ram Vs. State of Rajasthan
Court: Rajasthan
Decided on: Dec-03-2003
Reported in: 2004CriLJ4075
ORDERN.N. Mathur, J.1. By way of instant petition under Section 482 of the Code of Criminal Procedure the petitioner has challenged the order of the Additional Sessions Judge, Sojat Camp Jaitaran affirming the order dated 19-7-2000 passed by the Additional Chief Judicial Magistrate, Jaitaran framing charge against the petitioner for offence under Sections 419, 467, 471/120B, I.P.C.2. The relevant facts giving rise to the instant petition are that one Ram Nath submitted a complaint in the Court of Judicial Magistrate, Jaitram stating inter alia that his brother Bhiknath had taken loan from Bhoomi Vikas Bank in his name after forging thumb impression on the relevant documents. The complainant was sent for investigation by the learned Magistrate under the provisions of Section 156(3), Cr.P.C. During the investigation police found that the petitioner herein Dhara Ram the Sarpanch of the Village falsely attested the affidavit of Ram Nath. Thus, the petitioner has also been added as an accus...
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