Rajasthan Court April 2003 Judgments
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Vishnu Iron and Steel Industries Vs. Govind Ram
Court: Rajasthan
Decided on: Apr-04-2003
Reported in: RLW2003(4)Raj2323; 2003(3)WLC265
Harbans Lal, J.1. This civil second appeal under Order 42 Rule 1 r/w Section 100 CPC is directed against the judgment and decree dated 4.4.2002 passed by the learned Addl. Distt. Judge No. 3, Ajmer in Civil Regular Appeal No. 12/02 whereby the appeal has been dismissed and the judgment and decree dated 8.12.1987 passed by the learned Munsiff (East), Ajmer city in COS No. 476/75 has been confirmed.2. Briefly stated the relevant facts necessary for the decision of this appeal are that the plaintiff respondent filed a suit for eviction and arrears of rent against the appellant-defendant on twin grounds of default in payment of rent and subletting of suit premises without the permission and consent of the plaintiff. The appellant-defendant contested the suit by filing a written statement denying all the averments made in the plaint and further pleading that the premise let out comprised of three rooms and two 'tibaras' and not two room and two 'tibaras' as pleaded by the plaintiff. It was ...
Prahlad Rai Dhand Vs. Smt. Savitri Devi
Court: Rajasthan
Decided on: Apr-04-2003
Reported in: AIR2004Raj63; RLW2003(4)Raj2652; 2003(3)WLC575
Harbans Lal, J.1. This civil misc. appeal under Order 43 Rule l (u) of the Code of Civil Procedure, 1908 is directed against the order dated 10.12.1998 of the learned Addl. District & Sessions Judge No. 1, Sikar whereby the Civil Regular Appeal No. 25/95 filed by defendants was allowed and after setting aside the judgment and decree dated 14.9.1995 passed by learned Civil Judge (SD) Dataramgarh in Civil Original Suit No. 63/84 (129/93), the case was remanded back to the trial Court for fresh decision.2. Briefly stated, the relevant facts necessary for its disposal are that the plaintiff, appellant herein, instituted a civil suit in the trial court for cancellation of sale-deed dated 24.1.1980 with the averments that the suit property described in Para 2 of the plaint was in the owner-ship and possession of his father since Fagun Sudi 4 Sanwat 1990 and thereafter in his ownership and possession. Mst. Dhapu Devi wife of Late Shri Chandra Bhan Dhand who had no concern with the suit proper...
Leela Dhar Kalla Vs. Bhanwar Lal
Court: Rajasthan
Decided on: Apr-04-2003
Reported in: 2003(1)WLN701
D.N. Joshi, J.1. This revision petition is directed against the order dated 27.5.1997 passed by the learned Additional Civil Judge (J.D.) & Judicial Magistrate, Jodhpur setting aside ex-parte decree passed on 16.2.1990 in civil original suit No. 876/89 'Leeladhar v. Bhanwarlal for eviction from the disputed shop.2. An application for setting aside the said decree was filed under Order 9 Rule 13 C.P.C. by the defendant Bhanwarlal on 15th October, 1993 alleging that the summons of the suit were not duly served on him. He only came to know about the decree for the first time on 13th October, 1993 when the mob was standing in front of his shop. On enquiry being made, he came to know about the decree passed against him and the report made by the process server on the back of the summon. As per reply of the plaintiff, the defendant had knowledge of the filing of the suit as well as of passing of the decree. Therefore, the suit was rightly decreed ex-parte against him. The learned trial court...
Mathra (Smt.) and ors. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Apr-02-2003
Reported in: RLW2003(4)Raj2516; 2003(3)WLC531
Mathur, J.1. The appellants Champalal and Smt. Mathra have been convicted for offence under Section 302 I.P.C. and sentenced to imprisonment for life and to pay a fine of Rs. 1000/-; in default of payment of fine to further undergo 6 months rigorous imprisonment. They have also been convicted for offence under Section 201 I.P.C. and sentenced to 1 year rigorous imprisonment and to pay a fine of Rs. 500/-.(2). The prosecution case, as it emerges from the record is that the appellants Smt. Mathra and Champalal are the wife and younger brother of the deceased Lumba Ram. Lumba Ram about five days prior to Deepawali of the year 1996 disappeared. PW. 12 Rana Ram received two Inland letters purported to be from Lumba Ram, informing about his welfare. While one letter was delivered by post, another by a messenger. There was no address of the addressee. Lumba Ram was an illiterate person. Rana Ram and others suspected some foul play in the matter. P.W. 5 Laka Ram expressed suspicion as to illic...
Malpani House of Stones Vs. Commissioner of Income-tax
Court: Rajasthan
Decided on: Apr-02-2003
Reported in: (2004)186CTR(Raj)467; [2003]264ITR764(Raj)
1. In this appeal, the following revised questions are submitted stating that following substantial questions of law involved :'1. Whether it is correct to reject the books of account under Section 145 of the Act and estimate the sales when the parties to whom sales were made were registered sales tax dealers, who had issued sales tax declaration form (Form No. 17) meaning thereby they exported the goods and when full address was available on invoices, the transactions stand proved and it is for the Department to prove by cogent evidence that the sales were not genuine and on that basis sustain the addition of Rs. 64,668 to the trading results of the assessee ?2. Whether an amount of Rs. 1,55,000 which was received as advance against sales and against which the sales were subsequently made and accepted by the Department in the next year be regarded as unexplained under Section 68 of the Act, 1961, particularly when the assessee discharged his burden by producing sufficient substantive ...
Malpani House of Stones Vs. Cit
Court: Rajasthan
Decided on: Apr-02-2003
Reported in: [2003]131TAXMAN470(Raj)
ORDERHeard learned counsel for the appellant.2. In this appeal, following revised questions are submitted stating that following substantial questions of law involved :'1. Whether it is correct to reject the books of account under section 145 of the Act and estimate the sales when the parties to whom sales were made were registered sales tax dealers, who had issued sales tax declaration form (form No. 17) meaning thereby they exported the goods and when full address was available on invoices, the transactions stand proved and it for the department to prove by cogent evidence that the sales were not genuine and on that basis sustain the addition of Rs. 64,668 to the trading results of thee assessee ?'2. 'Whether amount of Rs. 1,55,000 which was received as advance against sales and against which the sales were subsequently made and accepted by the department in the next year be regarded as unexplained under section 68 of the Act, 1961 particularly when the assessee discharged his burden...
Mittal Steels and Castings Vs. Commissioner of Income Tax
Court: Rajasthan
Decided on: Apr-01-2003
Reported in: (2003)184CTR(Raj)259
1. Heard learned counsel for the appellant.2. In this appeal, following questions are raised stating that these questions involves substantial issue of law :1. 'Whether the addition on account of profit on alleged suppressed sales amounting to Rs. 6,76,175 is sustainable merely on the basis of alleged disparity in power consumption and without any iota of evidence relating to alleged production or sale ?' 2. 'Whether non-production of Central excise records before learned Tribunal when the same was not demanded by the learned Tribunal can be the basis for drawing adverse inference against the assessee particularly when in assessee's, own case the learned Tribunal has been consistently holding that the assessee is maintaining Central excise records, complete books of accounts, complete details of production and electricity consumption ?' 3. 'Whether in view of the finding of fact recorded by learned CIT(A) that the facts of earlier orders and the present case are same and that in absenc...
Prithvi Raj Meena Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Apr-01-2003
Reported in: RLW2003(4)Raj2659
Misra, J.1. The petitioner is a Zila Pramukh of District Sawaimadhopur who has challenged the order of suspension passed against him by the respondent-State on 15th January, 2003 as contained in Annexure-9.2. It was submitted by the learned counsel for the petitioner Mr. Bharat Vyas that the order of suspension dated 15th January, 2003 is not in consonance with the provisions of Section 38(4) of the Rajasthan Panchayati Raj Act, 1994 (for short 'the Act of 1994') since this provision envisages that the State Government may in writing and after giving an opportunity of hearing to the concerned Zila Pramukh and making such enquiry as can remove or suspend only if the enquiry had already been initiated against the chairperson or a deputy chairperson of a Panchayati Raj Institution. According to the petitioner's advocate the order of suspension was passed on 15th January, 2003 although no enquiry for the allegations/charges levelled against the petitioner was in existence. Learned counsel ...
Shiv Shankar (Dr.) Mangal Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Apr-01-2003
Reported in: RLW2003(4)Raj2661; 2003(3)WLC539
Misra, J.1. The petitioners-herein are Medical Officers who had been appointed on urgent temporary basis on consolidated salary of Rs. 8,000/- per month by order dated 24th March, 1999 and order dated 12th November, 1999. Thereafter, although they were absorbed in the regular pay scale of Rs. 8000-13500, they were still treated as Medical Officers on urgent temporary basis. The petitioners thereafter took the selection test for the Post Graduate Medical Admission MD/MS Course 2002 and have secured the marks which are lower than the other general candidates. However, they have claimed admission on the ground that the inservice doctors are entitled to a certain percentage of seats by way of reservation ear-marked for the inservice candidates.2. A controversy had arisen earlier in this regard as to whether the doctors who are already serving in the State for more than three years should be granted reservation or not for admission into the Post Graduate Medical Admission of MD/MS, Course a...
Satya NaraIn Vs. State of Rajasthan
Court: Rajasthan
Decided on: Apr-01-2003
Reported in: II(2003)DMC621; RLW2003(4)Raj2711; 2003(3)WLC255
Sharma, J. 1. This appeal unfolds a tragic incident where on the allegation of murder of his wife Nirmala @ Rekha, the appellant has been convicted by the learned Special Judge, Dacoity Affected Area and Additional Sessions Judge Karauli vide judgment dated October 29, 1996 under Section 302 IPC and sentenced to suffer imprisonment for life and a fine of Rs. 1000/- and in default to further undergo simple imprisonment for six months.2. Coming to the broad facts of the case it may be indicated that on March 11, 1995, the appellant lodged a report Ex. IPC 40with the Police Station Karauli stating there in that on the said day he left his village Bhuapura in District. Murraina (M.P.) by a scooter along with his wife Nirmala @ Rekha for going to Kaila Devi Temple in Karauli. Around 8.30 P.M. while he was descending on the slope of a pullia suddenly someone shouted to stop. He slowed down his scooter as he was afraid. When he tried to accelerate the scooter, ope of the person shouted, 'kill...
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