Rajasthan Court July 2003 Judgments
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Aditya Cement Staff Club and Birla White Staff Club Vs. Union of India ...
Court: Rajasthan
Decided on: Jul-02-2003
Reported in: (2003)182CTR(Raj)554; [2004]266ITR70(Raj)
Rajesh Balia, J. 1. These two writ petitions are by the respective staff associations of M/s Aditya Cement and M/s Birla White Cement Plants which are two separate and independent units of Grasim Industries Ltd. The issue raised and the reliefs claimed, in both these writ petitions are identical and hence, they were heard together and are being decided by a common order. The reliefs claimed in both the writ petitions are identical and as under : (i) The Notification No. S.O. 940(E), dt. 25th Sept., 2001, reported in (2002) 251 ITR 81 be quashed as violative of Arts. 14, 300A, 301 and 304 of the Constitution of India. (ii) Section 17(2)(vi) as Parliament has delegated without authority of law and without any guideline, to select the items of perquisites and the valuation thereof to the executive and the rule-framing authority be quashed and declared ultra vires the Constitution. (iii) The assessing authorities constituted under the IT Act to permanently refrain from enforcement of the...
Mangaliya (Shree) Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jul-02-2003
Reported in: RLW2004(3)Raj2050
O.P. Bishnoi, J.1. These appeal has been filed against a judgment dated 2.4.2003 of the learned Additional Sessions Judge, (Fast Track) Pratapgarh by which the appellant has been found guilty for the offence punishable under Section 376 of the IPC. He has been awarded rigorous imprisonment for seven years and a fine of Rs. 5000/- and for non-payment of fine, simple imprisonment for six months has been ordered. The case was listed on an application for suspension of sentence but since the record has been received, the appeal has been heard on merits finally.2. First the facts. Smt. Kuri (PW-1), on 7.7.2000 at 8.45 pm, lodged a typed report Ex.P/1 at police station Arnod. According to the report she had gone to collect -fire-wood on 5.7.2000 in the jungle of the village where she was forcibly ravished by the accused. Further, it was stated that on the next day i.e. 6.7.2000, after evening while she was sleeping in her house the accused again came and had forcible sexual intercourse with ...
Public Works Department Vs. Shri Dev Sukh and ors.
Court: Rajasthan
Decided on: Jul-01-2003
Reported in: RLW2004(1)Raj156
Misra, J.1. The petitioner-Public Works Department has challenged the award passed by the labour Court Bharatpur dated 2.11.99 by which the workman-respondent No. 1 Dev Sukh's termination has been held illegal and invalid and he was ordered to be reinstated with full back wages since it was held that his termination was in-contravention of Section 25H of the Industrial Disputes Act, 1947. The Labour Court specifically recorded a finding that the petitioner-Department had failed to prove its plea that the respondent-workman had been engaged for a fixed period in the Famine Relief Operation as no Notification to that effect was ever produced before the Labour Court. In so far as the computation of the number of days during which the respondent-workman discharged his duties in the Department was concerned, the same could also not be disputed as the petitioner- Department had failed to produce the muster-roll to prove to the contrary and therefore, a finding was recorded that the Departmen...
Mangu Khan and ors. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jul-01-2003
Reported in: RLW2004(1)Raj163; 2002(3)WLC535
Shiv Kumar Sharma, J.1. The appellants five in number were placed on trial for having committed murder of Dhandhad and Isab in Sessions Case No. 29/97 before the learned Additional Sessions Judge No. 3, Alwar. Learned Additional Sessions Judge vide judgment dated December 5, 1998 convicted and sentenced the appellants as under:-(1) Mangu Khan, (2) Sirdar Khan, (3) Subedar Khan, (4) Deen Mohd. and (5) Jamil Khan:under Section 148 IPC To suffer Two Years Rigorous Imprisonmentand fine of Rs. 1,000/-, in default to furthersuffer Six Months Rigorous Imprisonment.under Section 302/149 IPC To suffer Imprisonment for life and fine of Rs. 5,000/-, in default to further suffer. Two Years Rigorous Imprisonment.under Section 323/149 IPC To suffer One year Rigorous imprisonment.All the sentences were directed to run concurrently.2. As per prosecution story the informant Sahab Khan (PW. 3) submitted a written report (Ex. P-6) on July 11, 1997 at 9.10 AM at Police Station Sadar Alwar with the avermen...
Hari Narayan Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jul-01-2003
Reported in: RLW2004(1)Raj291
Khem Chand Sharma, J. 1. These two criminal appeals, one by appellant Hari Narayan and another by Vijay Gautam have been filed against the judgment and order dated 22.2.99 passed by the learned Additional Sessions Judge No. 2, Bundi, thereby convicting and sentencing the accused appellants in the manner stated below Appellant Hari Narayan Under Section 302 IPC Life imprisonment.Under Section 452 IPC Five years' rigorous imprisonment with a fineRs. 1000/-, in default thereof, to furtherundergo rigorous imprisonment for one yearAppellant Vijay GautamUnder Section 307 IPC Seven years rigorous imprisonment with afine of Rs. 500/-Under Section 452 IPC Five years' rigorous imprisonment with a fineof Rs. 500/-, in default thereof, to further undergo rigorous imprisonment for one year 2. Briefly stated the facts of these two appeals are that on 7.6.97 at 12.40 PM, PW 6 Kailash Chand Sharma submitted a written report Ex. P/3 at P.H.C., Kapren alleging therein that his house is situated near th...
Harbansh and anr. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jul-01-2003
Reported in: RLW2004(3)Raj1548; 2003(4)WLC726
K.C. Sharma, J.1. This criminal appeal under Section 374 Cr.P.C. arises out of the judgment and order dated 3.8.99 passed by the learned Additional Sessions Judge, Dausa, whereby he convicted the accused appellants under Sections 302/34 and 201 IPC and sentenced each of them to undergo imprisonment for life with a fine of Rs. 5000/- each, in default thereof, each to further undergo rigorous imprisonment for six months on the first count, and to undergo rigorous imprisonment for 3 years with a fine of Rs. 2000/-, in default thereof, each to further undergo six months rigorous imprisonment on the second count.2. As per the prosecution case, PW5 complainant Munshi Singh, Sarpanch of Gram Panchayat, Bapi lodged a written report, Ex.P.6 on 21.5.97 at Police Station Shainthal to the effect that yesterday at about 11 AM, Mst. Rambeti W/O Patwari Banjara came to him and informed that her husband was missing since last Saturday. She informed that appellant Harbansh Banjara had taken away her hu...
Suwa Bai and ors. (Smt.) Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jul-01-2003
Reported in: RLW2004(3)Raj1532; 2003(4)WLC706
Khem Chand Sharma, J.1. Since trial in both the appeals was conducted separately, the witnesses were examined and documents were exhibited separately, therefore, it would be profitable to narrate the facts in both the appeals separately.Facts relating to D.B. Criminal Appeal No. 546/97:2. The accused appellants were put on trial for committing murder of Dhappi. At the conclusion of trial, the learned Sessions Judge, Karauli found the accused appellants guilty of the offences charged with and accordingly convicted them for offence under Sections 302/149 IPC and 148 IPC and sentenced each of the accused to undergo life imprisonment with a fine of Rs. 200/- on the first count and to undergo rigorous imprisonment for one years with a fine of Rs. 200/-, in default thereof, each to undergo 3 months imprisonment, on the second count.3. The relevant facts of the case are that on 12.7.95 at 7.00 PM, PW2 Hari Ram submitted a written report, Ex.P. 18 at Police Station, Masalpur, district Karauli ...
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