Rajasthan Court February 2004 Judgments
J.K. Cement Works Vs. Asstt. Commissioner of Central Excise and Custom ...
Court: Rajasthan
Decided on: Feb-10-2004
Reported in: 2004(97)ECC6; 2004(170)ELT4(Raj); RLW2004(4)Raj2604; 2004(3)WLC757
ORDERRajesh Balia, J.1. The question raised in this writ petition is about the claim of interest on the refund of Excise Duty, paid in excess by the petitioner, which has been ultimately found to be payable to the petitioner and not liable to be transferred to Consumer Welfare Fund under Sub-section (2) of Section 11B of the Central Excise Act, 1944.2. Journey to this lis started with making of two applications by the petitioner on 3-1-1989 and 21-4-1989 laying claim to refund of Rs. 1,85,93,463/- and 20,29,894.12 paisa respectively. The Excise Duty paid by the petitioner on the clearance of its product was at full rate of Rs. 205 per metric ton between 1-5-88 to 21-11-88 under protest. The petitioner was claiming entitlement to rebate @ Rs. 50 per metric ton on full rate of duty as a 'new industrial undertaking' under Notification No. 36/87, dated 1-3-87.3. The application was initially rejected by the Excise Commissioner, Central Excise by not accepting the claim of the petitioner's ...
Tag this Judgment!Badhir Bal Kalyan Vikas Samiti Bhilwara and anr. Vs. the Rajasthan Non ...
Court: Rajasthan
Decided on: Feb-09-2004
Reported in: RLW2004(2)Raj1308; 2004(2)WLC57
K.S. Rathore, J.1. As common question of law and facts are involved in these two writ petitions, they are being heard and decided together by this common order.2. The petitioner in these writ petitions is a society registered under the Societies Act, 1958. The petitioner society opened an Institution for deaf, dumb, blind and mentally retarded children for their betterment and upliftment and the same is a residential Institution.3. Learned counsel for the petitioner submits that since they are providing the basic education to such children to make them understand the basic things in life and to make them able to communicate and express themselves as well as to understand what others may be telling them. Thus, petitioner society is not engaged in imparting education to these children nor providing any certificate of diploma, degree or any academic distinction, but only making effort to inculcate the spirit of sense developing and a capacity to understand.4. The petitioner submitted an a...
Tag this Judgment!Autogrinx Engineers Private Ltd. Vs. Regional Provident Fund Commissio ...
Court: Rajasthan
Decided on: Feb-09-2004
Reported in: [2004(102)FLR846]; (2004)IIILLJ139Raj; 2004(2)WLC681
S.K. Keshote, J. 1. Admit. As the respondent is duly represented by the advocate, the matter is complete. On the request of the learned counsel for the parties, the matter is taken up for final hearing.2. Having heard learned counsel for the parties, perusing the entire record of the writ petition, special appeal and the judgment of the learned single Judge challenged therein, we are satisfied that in the judgment of the learned single Judge passed in S.B. Civil Writ Petition No. 1986/1998, out of which this appeal arises, no interference is called for in this appeal.3. In the writ petition aforesaid the petitioner appellant questioned before the learned single Judge two orders passed by the respondent - the Regional Provident Fund Commissioner, Jaipur (for short, 'the respondent Commissioner'), one is dated June 9, 1997 (Annexure-17) and another is dated March 4, 1998 (Annexure- 21). Under the order dated June 9, 1997 the respondent Commissioner extended the applicability of the Emplo...
Tag this Judgment!Official Liquidator Vs. Bhagwat Singh
Court: Rajasthan
Decided on: Feb-06-2004
Reported in: [2004]55SCL613(Raj)
ORDERS.K. Keshote, J.1. On 24-2-2000, the Court issued notices of this application to the respondent. Mr. Dalip Singh Shekhawat, made appearance on behalf of the respondent on 10-1-2003. At the request of Mr. Shekhawat four weeks time was allowed to him to file reply to the application. On 2-5-2003 Mr. Manu Bhargava sought an adjournment on the ground that Mr. Dalip Singh Shekhawat, is busy due to marriage of his younger brother and the matter was adjourned to 30-5-2003. However, in the matter, reply to the application has not been filed till date. Thus, the averments made in the application stands uncontroverted.2. Respondent No. 1 had taken a loan of Rs. 2,30,425 on 28-3-1994 from the company (in liquidation) for the purchase of a tractor. Despite giving of notices the amount of loan together with interest has not been paid so far. Thus, the application is filed by the Official Liquidator under Sections 446, 447 of the Companies Act, 1956 therein prayer has been made as under: -'The ...
Tag this Judgment!Vinod @ Nanna Vs. State of Rajasthan
Court: Rajasthan
Decided on: Feb-05-2004
Reported in: RLW2004(3)Raj1361; 2004(2)WLC84
Shiv Kumar Sharma, J.1. This appeal stems from the judgment dated June 2, 2000 of the learned Special Sessions Judge, SC &ST; (Prevention of Atroticites) Cases Ajmer rendered in Sessions Case No. 77/1997 whereby the appellant was convicted and sentenced as under:-Under Section 302 IPC To suffer Imprisonment for lifeUnder Section 307 IPC To suffer Rigorous Imprisonment for two years.The sentences were ordered to run concurrently.Co-accused Kalu @ Nirmal was however acquitted of the charge under Sections 302/34 and 307/34 IPC.2. On May 15, 1997 around 1.45 PM when Govind Singh (PW.3) was selling ice-candy, the appellant bought ice candy and when price of ice-candy (Rupee one), was demanded, the appellant took out knife and stabbed it on the left side of the chest of Govind Singh. In the meanwhile Govind Singh's brother Lalit Kumar (now deceased) when made attempt to save Govind Singh, the appellant inflicted knife blow on the chest of Lalit Kumar, as a result of which he fell down. Lalit...
Tag this Judgment!Meera (Smt.) Vs. Ramesh Chand
Court: Rajasthan
Decided on: Feb-05-2004
Reported in: II(2004)DMC213; RLW2004(3)Raj1598; 2004(2)WLC427
Goyal, J.1. This appeal by the appellant-wife is preferred against the judgment and decree dated 15.1.1998, whereby learned Additional District Judge, Rajgarh (Alwar), dismissed the application of the appellant for divorce.2. Briefly narrated the facts are that the appellant Smt. Meera filed an application for divorce as provided under Section 13(1)(ia) of Hindu Marriage Act, 1955 (in short the 'Act') on 19.10.1995, with the averments that she was married to respondent Ramesh Chand on 9.5.1990 at village Tehla district Alwar according to Hindu rites and rituals. 'Gona' ceremony was performed after a period of three years of the marriage. After 8-10 months her husband and his other family members started cruelty on account of demands of dowry and giving beatings to her. She narrated all these facts to her father. Thereupon on persuasion by her father and other persons of the village, her husband and father-in-law while admitting their mistake and not to repeat such behaviour executed a ...
Tag this Judgment!Shriram Verma Vs. State of Rajasthan
Court: Rajasthan
Decided on: Feb-04-2004
Reported in: RLW2004(3)Raj1640; 2004(2)WLC422
K.S. Rathore, J.(1). At the relevant point of time the petitioner was posted as Regional Deputy Director (Child Development), Churu.(2). Vide memorandum dated 19.2.92 a charge sheet under Rule 16 of the Rajasthan Civil Services (CCA) Rules, 1958 was served upon the petitioner wherein three charges were levelled against him. Alongwith the charge sheet statement of allegations were also served.(3). The charge sheet was with relation to the appointment on the post of Lower Division Clerks on daily wages basis. The post of Lower Division Clerk was sanctioned vide order dated 22.4.88. 6 posts were to be filled on daily wages basis in the Churu district.(4). Vide circular dated 25.10.87 the Women, Child and Nutrition Department laid down the procedure for filling of the aforesaid posts and it was stipulated in the circular that the LDCs shall be appointed on daily wages basis at the rates laid down by the Labour Department, by the Regional Deputy Director and Child Development Project office...
Tag this Judgment!Man Singh Vs. State of Rajasthan
Court: Rajasthan
Decided on: Feb-04-2004
Reported in: RLW2004(3)Raj1997; 2004(3)WLC184
F.C. Bansal, J.1. The instant appeal is directed against the judgment dated July 27, 2000 passed by learned Special Judge (Women Atrocities & Dowry Cases), Kota whereby appellant Man Singh has been convicted and sentenced to suffer imprisonment for life and a fine of Rs. 5,000/-, in default of payment of fine to further undergo rigorous imprisonment for six months under Section 302 of the Indian Penal Code.2. The brief facts of the prosecution case are that one receiving information from M.B.S. Hospital, Kota on march 31, 1997 to the effect that Smt. Manju Bai W/o Man Singh, by caste Rajput, Age 27 years, R/o - Kota has been admitted in the hospital in burnt condition, PW 9 Dwarka Prasad, the then SHO, P.S. Gumanpura, Kota reached the hospital and recorded 'Parcha-Bayan' Ex. P7 of Smt. Manju Bai at 8:15 p.m. wherein she stated that her marriage took place 14-15 years ago. She is haying to sons and two daughters. Today at about 6:00 p.m. her husband and her father-in-law Ramcharan were ...
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