Rajasthan Court November 2004 Judgments
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Ram Chandra Sharma and anr. Vs. Smt. Veera Saini
Court: Rajasthan
Decided on: Nov-05-2004
Reported in: RLW2005(2)Raj1068; 2005(2)WLC183
A.C. Goyal, J.1. This civil misc. appeal has been preferred by the plaintiff-appellants against the order dated 4.4.1998 whereby learned Additional District Judge No. 6, Jaipur City, Jaipur remanded the case to the Trial Court for afresh decision after hearing on certain points.2. The plaintiff-appellant No. 2 Smt. Kamla Devi filed a suit for eviction in May, 1991 with the averments that suit house was let out to the defendant in the year 1987. Prior to that her husband was the tenant who died in the year 1987. Eviction was sought on the ground of reasonable and bonafide requirement and alternative accommodation available to the defendant.3. Vide written statement the defendant admitting herself to be the tenant denied the remaining averments of the plaint.4. Issues were framed. Evidence was recorded. During the pendency of the suit, this fact was brought on record that the plaintiff Smt. Kamla Devi sold the suit house, hence issues with regard to requirement of the plaintiff were left...
Sarswati Devi Vs. Ram Avtar and ors.
Court: Rajasthan
Decided on: Nov-05-2004
Reported in: I(2005)ACC738; 2005(1)WLC225
R.P. Vyas, J.1. This instant civil miscellaneous appeal is directed against the award dated July 15,1994 given by the Motor Accident Claims Tribunal, Dausa, Camp at Bandikui, thereby dismissing the Claim Petition No. 96/98 of the claimant-appellant.2. The brief facts of the case are that on August 19,1998, at about 7 p.m., the son of the appellant Mahaveer Prasad was going in Jeep No. 6778 to his village Gola Ka Bas. The said jeep was driven rashly and negligently by its driver-respondent No. 4 Girraj Prasad. The said jeep when reached near Bhairoji Ka Deora on Dausa-Santhal Road, it collided with another vehicle No. RND 1398, resulting in instantaneous death of Mahaveer Prasad and other occupants of the jeep sustained injuries. The claimant appellant further averred in the claim petition that the said accident occurred due to rash and negligent driving by both the drivers of the respective vehicles. He further averred in the claim petition that the appellant's son was aged 16 years an...
Jvvnl and ors. Vs. Mangal Ram Sharma
Court: Rajasthan
Decided on: Nov-04-2004
Reported in: AIR2005Raj226; RLW2005(3)Raj2092; 2005(3)WLC34
G.S. Misra, J.1. This appeal has been preferred against the judgment and order passed by learned single Judge of this Court on 11-9-2003 in SB Civil Writ Petition No. 2375/2003 by which the additional demand notice for Rs. 11000/- towards the electricity charges including the cost of the poles and its installation, has been quashed by the learned single Judge assigning reasons therein which discloses, that the additional demand which has been raised against the respondent agriculturist on the basis of a circular was already within the knowledge of the Jaipur Vidhyut Vitaran Nigam Limited (Hereinafter to be referred in short as 'the JVVNL') and only thereafter a demand of Rs. 72,710/- was raised by the petitioner against the electricity charges consumed by the respondent agriculturist.2. The controversy in a nutshell which cropped up is that the respondent-consumer had initially failed to deposit the amount towards the electricity charges in the year 1999 but the Government of Rajasthan...
Shree Rajasthan Texchem Ltd. Vs. Union of India (Uoi)
Court: Rajasthan
Decided on: Nov-03-2004
Reported in: 2005(182)ELT311(Raj)
ORDERRajesh Balia, J.1. Heard learned counsel for the parties.2. This writ petition is directed against a show cause notice issued by the Assistant Commissioner, Central Excise Division, Udaipur dated 18-6-2003 proposing to withdraw the Cenvat Credit Facility availed by the petitioner on the Light Diesel Oil received on or before 28-2-2003 and forming part of stock on 28-2-2003 on the basis of law standing as on the date, in terms of Rule 4(1) of Cenvat Rules, 2002, on the ground that since Rule 2(g) has been amended w.e.f. 1-3-2003 by which Cenvat Credit Facility has been withdrawn from Light Diesel Oil w.e.f. 1-3-2003.3. Learned counsel contends that in view of the Circular of Central Board of Excise and Customs dated 31-3-2003 [hereinafter to be referred to be 'the Assessing Officer'], which is binding on Assessing Officer, the hearing before Assessing Officer is only formal. Therefore, he has been forced to come before this Court at this stage. In support of his contention that he ...
Gopi Kishan Vs. Shanker Lal Dakot
Court: Rajasthan
Decided on: Nov-03-2004
Reported in: AIR2005Raj114
ORDERN.P. Gupta, J.1. This petition has been filed by the returned candidate, against the judgment of the Election Tribunal, being learned District Judge, Bikaner, dt, 12-8-2004, accepting the election petition, and, setting aside the election of the present petitioner, as Ward Member of Ward No. 4 of Nagar Palika, Nokha, in the election held on 21 -8- 2000.2. Facts of the case are that elections of Municipal Board, Nokha were held in August, 2000, wherein the petitioner along with other 10 persons filed their nominations, which were scrutinized on 9-8-2000. In that scrutiny, the nominations of Shanker Lal, Pushpa Devi and Prabhu Ram, s/o Mangilal were rejected. Thereafter in the polling, the present petitioner is said to have polled highest number of votes, being 386 votes, and was declared elected.3. Challenging this election, on 19-9-2000 an Election Petition was filed by the present respondent. The election was sought to be challenged on various grounds, viz., that the Returning Of...
Akla Devi Vs. State of Rajasthan and anr.
Court: Rajasthan
Decided on: Nov-03-2004
Reported in: RLW2005(2)Raj1343; 2006(1)SLJ88(Raj); 2005(1)WLC723
Sunil Kumar Garg, J.1. This writ petition under Article 226 of the Constitution of India has been filed by the petitioner against the respondents on 19.1.2000 with the prayer that by an appropriate writ, order or direction, the order dated 21.4.1998 (Annex.1) passed by the State Government (respondent No. 1) by which the petitioner was awarded punishment/penalty of stoppage of 50% pension forever, after holding guilty of all the three charges levelled against him in an enquiry under Rule 16 of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 (hereinafter referred to as 'the CCA Rules') and the order dated 30.6.1999 (Annex.3) passed by the respondent No. 2 by which the review petition of the petitioner seeking review of the order Annex.1 dated 21.4.1998 was rejected, be quashed and set aside and the respondents be directed to pay entire pension.2. It may be stated here that during the pendency of this writ petition, the original petitioner Durga Dan Charan (...
Jaleb Khan and ors. Vs. the State of Rajasthan
Court: Rajasthan
Decided on: Nov-03-2004
Reported in: RLW2005(3)Raj1986
R.P. Vyas, J.1. These appeals are directed against the judgment dated July 22, 2002, passed by the learned Additional Sessions Judge (Fast Track), Alwar, whereby she convicted and sentenced each of the accused, namely, Hamida and Khushila @ Kanna under Section 302, I.P.C., to life imprisonment with a fine of Rs. 5,000/- each, in default of payment of fine to further undergo one year's rigorous imprisonment; accused Jaleb Khan, Islam @ Banda, Ibri @ Ibrahim, Haroon, Chhutta @ Gutta, Subhan Khan and Himmat under Section 302/149 IPC, to life imprisonment with a fine of Rs. 2000/- each, in default of payment of fine to further undergo six months' rigorous imprisonment; accused Jaleb Khan, Hamida, Ibri @ Ibrahim, Islam @ banda, Haroon Khushila @ Kanna Chhutta @ Gutta, Subhan Khan and Himmat under Section 148, IPC to one and a half year rigorous imprisonment; accused Jaleb Khan, Hamida, Ibri @ Ibrahim, Islam @ Banda, Haroon Khushila @ Kanna, Chhutta @ Gutta, Subhan Khan and Himmat under Sect...
Sarvajanik Nirman Mazdoor Sangh and ors. Vs. the Judge, Labour Court a ...
Court: Rajasthan
Decided on: Nov-02-2004
Reported in: (2005)IIILLJ149Raj; RLW2005(2)Raj1070; 2005(2)WLC447
Dalip Singh, J.1. This special appeal has been filed against the judgment of the learned Single Judge dated 28 Nov. 1994 in S.B. Civil Writ Petition No. 392/85 filed by the petitioner- appellants whereby the learned Single Judge has dismissed the writ petition filed by the petitioners against the award passed by the learned labour court, Udaipur (Annexure-1) dated 16.4.84 by which the reference was answered against the petitioner and the workmen.2. Both the learned counsel court as well as learned Single Judge have held that the workmen-appellants No. 2 and 3 worked in different units, and therefore, the provisions of Section 25-F of the Industrial Disputes Act are not attracted in their case. The counsel for the petitioner appellants has submitted that irrespective of different Units the employer in the case of workmen is the same.3. In the facts and circumstances of the case, we find that the workmen were employed in the workshop of the Electricity Sub- Division, Bhilwara in November...
Geeta Devi and ors. (Smt.) Vs. Nirmala Kumari
Court: Rajasthan
Decided on: Nov-02-2004
Reported in: RLW2005(2)Raj1228; 2005(2)WLC450
A.C. Goyal, J.1. This revision under Section 115 C.P.C. has been preferred by the defendants.2. The plaintiff-non-petitioner Smt. Nirmala Kumari filed a suit on 23.11.1992 against the defendant Chagan Lal for possession and mesne profits with the averments that the suit property belongs to the plaintiff and is in her possession. In her absence when the plaintiff was with her husband at Delhi the defendant raised new construction over land measuring 46' x 30' in the year 1982. When the plaintiff came to know he asked the defendant to vacate the same. The defendant assured to vacate but did not do so and in November, 1992 declined to hand over the possession. Hence the suit.3. The defendant Sh. Chagan Lal appeared in the Trial Court on 25.2.1993. Adjournments were sought for filing written statement. On 14.10.1993 none appeared for the defendant, hence the court Ordered to proceed exparte. Thereafter exparte decree was passed on 18.5.1996.4. An application under Order 9 Rule 13 C.P.C. wa...
Bhag Chand Vs. Prameshwari Devi and ors.
Court: Rajasthan
Decided on: Nov-02-2004
Reported in: RLW2005(2)Raj1224; 2005(1)WLC686
A.C. Goyal, J.1. This is the second appeal by the appellant- defendant No. 2 Bhagchand against the judgment and decree dated 20.5.2003 whereby learned Additional District Judge No. 4, Kota affirmed the judgment and decree of eviction dated 23.12.1999 passed by the learned Civil Judge (Junior Division), Kota City (South) Kota.2. The original landlord Shri Kotumal filed a civil suit in the year 1988 against the two defendants Manoharlal (respondent No. 7 in this appeal) and Bhagchand (appellant) with the averments that the suit shop was let out to the defendant No. 1 Manoharlal on monthly rent of Rs. 300/-. Eviction was sought on the grounds of sub-letting of the shop to the defendant No. 2 Bhagchand, and reasonable and bonafide requirement for plaintiff's son. The defendant No. I vide written statement came out with a. case that the suit shop was let out to M/s. Manohar Sales Corporation, which was a partnership firm and the defendant No. 1 was one of the partners. Both the grounds of e...
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