Rajasthan Court September 2003 Judgments
Bhaskar Dagar Vs. Rajasthan Public Service Commission
Court: Rajasthan
Decided on: Sep-25-2003
Reported in: RLW2004(3)Raj1509
Shiv Kumar Sharma, J.1. The matter was taken for final disposal with the consent of learned counsel for the parties.2. The Rajasthan Public Service Commission (for short 'RPSC') vide order dated September 30, 2002 debarred the petitioner, an Advocate by profession, from participating in all further selections/Examinations held by RPSC for a period of two years on the allegations that Answer Book of the petitioner for the Rajasthan Judicial Service Examination 2001 were found with torn pages at the time of evaluation. The petitioner thereafter was not allowed to appear in the screening test for APP Examination 2002 which was to be held on October 6, 2002. The petitioner by way of this writ petition sought directions to negate the aforesaid orders.3. The petitioner appeared in the RJS Examinations 2001 conducted by RPSC on September 16 and 17, 2001. The RPSC vide letter dated November 23, 2002 demanded explanation from the petitioner as to why at the time of evaluation of his Answer- boo...
Tag this Judgment!Commissioner of Income Tax Vs. Udaipur Distillery Co. Ltd.
Court: Rajasthan
Decided on: Sep-24-2003
Reported in: (2004)186CTR(Raj)29; [2004]268ITR446(Raj)
1. We have heard the learned counsel for the parties.2. In this appeal against the judgment of Tribunal, Jodhpur Bench, Jodhpur dt. 30th March, 2001 (reported as Dy. CIT v. Udaipur Distillery Co. Ltd. (2002) 74 TTJ (Jd) 193--Ed.) following two questions were framed as substantial questions of law involved in the appeal vide order dt. 15th Feb., 2002 :(1) Whether, on the facts, and in the circumstances of the case, the Tribunal was justified in holding that the unpaid amount of bottling fee has, on furnishing of the bank guarantee, to be treated as actual payment and accordingly, allowing the deduction in respect of the same under Section 43B of the Act, even though the sum has not been actually paid before the due date of filing the return under Section 139(1) of the Act. (2) Whether, on the facts and in the circumstances of the case, the Tribunal was justified in allowing depreciation on research and development assets which related to the closed business of fast food division/unit of...
Tag this Judgment!State of Rajasthan Vs. Chand Mal Chayal and ors.
Court: Rajasthan
Decided on: Sep-24-2003
Reported in: [2004(101)FLR388]; RLW2004(1)Raj469; 2004(1)WLC618
Singh, C.J.1. This appeal is directed against the order of the learned Singh Judge dated September 17, 2002 in S.B. Civil Writ Petition No. 2920/99 whereby the writ petition was allowed and the State Government was, inter alia, directed to pass appropriate order to facilitate the re-employment of the first respondent from November 4, 1992. The facts giving rise to the appeal are as follows.2. The first respondent was posted as Reader in the Court of Judicial Magistrate, Merta, District Nagaur. On January 27, 1990 he tendered his resignation from the post of Reader on the ground that he was to contest Assembly Elections, the resignation was accepted by the District & Sessions Judge, Merta on January 29, 1990. Consequent to the acceptance of his resignation he was immediately relieved of the charge of his office/Subsequently, due to certain reasons the first respondent, who had filed his nomination paper, withdraw the same.3. On February 12, 1990, the first respondent submitted an applic...
Tag this Judgment!United India Insurance Co. Ltd. Vs. Madho Singh and ors.
Court: Rajasthan
Decided on: Sep-24-2003
Reported in: 2005ACJ1653; AIR2004Raj131
N.P. Gupta, J. 1. This appeal has been filed by the Insurer against the judgment and award of the Motor Accident Claims Tribunal, Abu Road dt. 19-9-2000 decreeing the claimants' claim for a sum of Rupees 3,50,000/- along with interest @ 12% from the date of claim petition, and holding the appellant liable for the entire amount.2. Contention of the learned counsel for the appellant, mainly is, that the delinquent vehicle, tempo was being driven by respondent No. 2 who is the husband of the owner respondent No. 1, and was not holding any valid driving license, and therefore, there being breach of specified conditions of the policy, and this being one of the defences available to the appellant under Section 149(2), the learned Tribunal has erred in holding the appellant liable. Some other contentions have also been raised, regarding the rate of interest, and the period for which the appellant could be held liable for the interest.3. The appeal came up before the Court on 15-1-2002, on whi...
Tag this Judgment!Mahendra Singh Vs. Mrs. Chanchal
Court: Rajasthan
Decided on: Sep-24-2003
Reported in: II(2004)DMC798
ORDERN.N. Mathur, J.1. The instant revision petition has been filed against the order of the Additional Chief Judicial Magistrate No. 2 Bikaner granting maintenance of Rs. 1,300/- per month to the respondent Smt. Chanchal on an application under Section 125 of the Code of Criminal Procedure as per the averments made in the application under Section 125 Code of Criminal Procedure the marriage between the petitioner Mahendra Singh and respondent Chanchal took place on 25.11.1996 as per the Hindu rites. It is alleged that she was turned out from the house on 4.12.1999 by the respondent husband. It is also averred that she was being tortured so long as she was staying in her matrimonial home. The respondent husband took the plea that the petitioner herein left the house on her own accord. He also stated that she was already married to some other person. He further pleaded that she was brought in Nata on payment of Rs. 20,000/-. On consideration of the entire material on record the Court be...
Tag this Judgment!Rajesh Kumari (Smt.) Vs. Civil Judge (Sr.Dn.) and ors.
Court: Rajasthan
Decided on: Sep-23-2003
Reported in: RLW2004(1)Raj312; 2004(1)WLC336
Sharma, J.1. The matter was heard finally with the consent of learned counsel for the parties.2. The petitioner was elected as Sarpanch of Panchayat circle Noorpur Ganjpur (Alwar) in the election held on January 31, 2002. Challenging the election of the petitioner, the second respondent instituted election petition in the court of District Judge, Alwar which was later on transferred to the Court of Civil Judge (Sr. Dn.) Laxmangarh. The main grounds raised in the petition was that the petitioner was below twenty one years on the date of election therefore she was not qualified to contest the election. In the reply to the petition, the petitioner pleaded that as per Electoral Roll she had attained the required age and election petition was not maintainable. As many as seven issues were framed out of the pleadings of the parties. The second respondent examined herself and produced Smt. Siya Singh and Subhash as witnesses to establish that the petitioner was under age on the date of the el...
Tag this Judgment!Alpha Engineer and Etc. Etc. Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Sep-23-2003
Reported in: AIR2004Raj23; RLW2004(1)Raj619; 2004(1)WLC223
ORDERShiv Kumar Sharma, J. 1. Common question as to authority and power of State of Rajasthan (for short State) to make interference in the functioning of Rajasthan Housing Board, Jaipur (for short 'Board') emerges for consideration in this cluster of writ petitions. All the writ petitions, therefore, are taken together for disposal.2. The Board floated tender notice on Dec. 19, 2001 for construction work of different categories of residential houses in Indira Gandhi Nagar (Jagat Pura), Jaipur. It was also notified that the tender forms will be sold from January, 22, 2002 to January 24, 2003 up to 4 pm. and tender forms duly filled in will be received on January 25, 2002 up to 1.00 pm. and opened on January 25, 2002 at 2.00 p.m. The time for submission of tender form was however extended from 2.00 pm. to 5.00 pm. The petitioners, pursuant to the NIT, submitted tenders, which were opened on January 25, 2002 at 5.00 pm.3. As per the Board's decision negotiations were held on Feb. 27, 200...
Tag this Judgment!Jagdish Vs. Manoj Kumar Sharma
Court: Rajasthan
Decided on: Sep-23-2003
Reported in: RLW2004(1)Raj608; 2004(1)WLC685
A.C. Goyal, J.1. Brief facts giving rise to this first appeal are that the respondent-plaintiff filed a suit on 21.9.1993 for eviction from the suit shop on the grounds of default in payment of rent, reasonable and bonafide necessity; sub-letting and nuisance with the averments that the shop measuring 15'x 20'ft situated on Moti Lalo Atal Road, Jaipur was let out to the appellant-defendant on monthly rent of Rs. 500/- on certain terms and conditions mentioned in para 2 of the plaint. The tenancy was oral. The defendant did not pay rent from the month of May, 1992. The plaintiff requires the suit shop for his own profession. The plaintiff has no residential house of his own at Jaipur. He wants to construct residential house upon the details of other grounds of eviction, he prayed for decree of eviction.2. The defendant in his written statement pleaded that the suit shop was let out to his father by plaintiff's father. Denying all the grounds of eviction, it was pleaded that rent upto Se...
Tag this Judgment!Rajiv Choudhary and ors. Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Sep-19-2003
Reported in: RLW2004(3)Raj1418
H.R. Panwar, J.1. The instant writ petition has been filed seeking directions to the respondent-authorities to fill-up the upgraded posts from amongst seniormost Assistant Engineer and restraining them to hold Departmental Promotion Committee to fill up these posts by applying reservation and roster policy with a further prayer that if during pendency of the writ petition any DPC is held and promotions are made to Scheduled Castes/Scheduled Tribes candidates against the upgraded posts, then the same may be quashed.2. With the consent of the parties, the writ petition is finally heard at the orders stage.3. The facts and circumstances giving rise to the instant petition are that after due selection through Rajasthan Public Service Commission, petitioners were appointed on the posts of Assistant Engineers and their names appeared at Serial Nos. 558, 554, 479 and 539, respectively, in the seniority list. The State Government has provided reservation in favour of SC/ST candidates for promo...
Tag this Judgment!In Re: Rajasthan State Agro Industries Corporation
Court: Rajasthan
Decided on: Sep-19-2003
Reported in: [2004]120CompCas465(Raj); [2005]63SCL495(Raj)
S.K. Keshote, J.1. Heard learned counsel for the parties and perused the contents of the application.2. The applicant filed a writ petition bearing S. B. Civil Writ Petition No. 6473 of 1991 in this court against the Rajasthan State Agro Industries Corporation. It is stated therein that in case the writ petition is allowed the consequential monetary benefits are to be provided by the Rajasthan State Agro Industries Corporation (in liquidation).3. The Rajasthan State Agro Industries Corporation was ordered to be wound up by this court under its order dated September 3, 1997. This application is filed under Section 446 of the Companies Act, 1956, for grant of permission to the applicant to proceed with the writ petition against the Rajasthan State Agro Industries Corporation (in liquidation).4. Shri Arvind Gupta, advocate, for Shri N. K. Maloo, learned counsel for the applicant, has produced for the perusal of the court the certified copy of the order dated September 7, 2001 in S. B. Com...
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