Rajasthan Court August 2004 Judgments
Manoharlal and Party Vs. Excise Commissioner
Court: Rajasthan
Decided on: Aug-25-2004
Reported in: RLW2005(2)Raj826
S.K. Keshote, J.1. The matter is placed for Orders on the second slay application but looking to the fact that the matter is of the year 1997 and that a short controversy is involved therein, the writ petition itself is taken up for final hearing with the consent of the, learned counsel for the parties.2. In the writ petition, the petitioner prayed for quashing and setting aside of the Order dated 31 st of January, 1997 Annexure- 11, the Order of the respondent. Under this Order the respondent dismissed the application filed by the petitioner for waiver of interest payable on the guarantee amount. The respondent declined to grant the prayer made for waiver of interest on the ground that the petitioner refused to pay the principal amount of guarantee.3. The second prayer made by the petitioner is for issue of a direction to the respondent not to recover any amount from him in relation to Bundi-Hindoli Group of Shops for the Excise License 1995-96.4. Third prayer made is for quashing of ...
Tag this Judgment!Pushi and ors. (Smt.) Vs. Kulwant Singh and ors.
Court: Rajasthan
Decided on: Aug-25-2004
Reported in: RLW2005(3)Raj1803; 2005(3)WLC170
Gyan Sudha Misra, J.1. This appeal has been preferred by the claimants-appellants, who are the dependents of the deceased-Shri Narain, who died as a result of the accident caused by a Truck bearing No. DIG-577 which admittedly was insured with the respondent No. 3-The Oriental Insurance Co. Ltd. A claim petition had, therefore, been filed before the Motor Accident Claims Tribunal, Ajmer where the claimant-appellant No. 1- Smt. Pushi, wife of the deceased, specifically stated that her deceased- husband-Shri Narain was earning Rs. 1,000/- per month by selling curd. The age of the deceased, as per the post-mortem report at the time of his death, was 45 years and he had died leaving behind his wife-Smt. Pushi and his two minor sons Nand Ram and Bharat and his mother-Smt. Achuki.2. The Presiding Officer of the Tribunal, however, assessed the income of the deceased at Rs. 660/- per month only out of which l/3rd was deducted towards personal expenses and the net income of the deceased was ass...
Tag this Judgment!Nishar Mohammed Vs. Abdul Rashid
Court: Rajasthan
Decided on: Aug-24-2004
Reported in: RLW2004(4)Raj2684
A.C. Goyal, J.1. The defendant-tenant has preferred this second appeal against the judgment and decree dated 22.7.2002 whereby the learned Additional District Judge No. 1, Jaipur City, Jaipur affirmed the judgment and decree of eviction dated 5.3.2001 passed by the learned Civil Judge (Junior Division), Jaipur City (West).2. Briefly narrated the facts are that the plaintiff-respondent filed a civil suit for eviction and permanent injunction in March, 1991 with the averments that the plaintiff's father Abdul Karim let out the suit shop to the defendant on 1.1.1975 on monthly rent of Rs. 60/-. On account of some repairs, the rent was enhanced to Rs. 75/- per month. Eviction was sought on grounds of default in payment of rent, closure of the shop for more than six months, reasonable and bonafide requirement, it was prayed that the defendant may be restrained from parting with possession of the suit shop.3. The defendant vide written statement, having admitted himself to be the tenant deni...
Tag this Judgment!Bhagirath and ors. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Aug-23-2004
Reported in: RLW2005(1)Raj322; 2004(4)WLC450
Sunil Kumar Garg, J.1. Both the abovementioned two appeals are being decided by this common judgment as both relate to one incident that had occurred in the intervening night of 1-2/9.95.FACTS OF D.B. CRIMINAL APPEAL No. 652/20002. The abovementioned accused appellants have preferred this appeal against the judgment and order dtd. 31.10.2000 passed by the learned Additional Sessions Judge, Raisinghnagar in Sessions Case No. 100/1995 by which he convicted and sentenced the accused appellants as under:-----------------------------------------------------------------------Name of accused Conviction Sentence awarded to Appellants Under Section each accused appellant-----------------------------------------------------------------------Bhagirath 302/149 I.P.C. Imprisonment for lifeRam Kumar and to Pay a fine of Rs. Bega Ram 5000/- in default toNet Ram further undergo 1 year'sMunshi Lal R.I.ManphoolNarain Ram @ RamNarainMota Ram-do- 307/149 I.P.C. 7 years' R.I. and to pay afine of Rs. 1000/-...
Tag this Judgment!Ladu Devi and ors. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Aug-23-2004
Reported in: 2005CriLJ543; RLW2005(1)Raj292; 2004(4)WLC526
Sunil Kumar Garg, J.1. This criminal misc. petition under Section 482 Cr.P.C. has been filed by the present petitioners on 27.2.2004 with the prayer that the FIR No. 103/2001 registered at Police Station Merta Road District Nagaur qua the petitioners be quashed and further, in the meanwhile, if challan has been filed against the petitioners, the same may be quashed.2. It arises in the following circumstances:-On 4.12.2001 at about 9.35 AM, parcha bayan was given by Smt. Sabu Devi (hereinafter referred to as the deceased) d/o Ramkaran and wife of one of accused Jagdish stating inter-alia that on 3.12.2001 at about 6.00 AM in the morning, her father-in- law Dev Karan (one of accused) and her nanad Ladu Devi (petitioner No. 1) lifted her after catching hold her hands and thereafter, accused Dev Karan caught hold her hands and the petitioner No. 1 Ladu Devi poured kerosene oil on her body and then, put a match-stick on her body, as a result of which, she caught fire.On that parcha bayan, p...
Tag this Judgment!Lrs of Pukhraj Vs. Shyamlal @ Radhey Shyam and ors.
Court: Rajasthan
Decided on: Aug-23-2004
Reported in: RLW2005(1)Raj335; 2004(4)WLC786
Sunil Kumar Garg, J.1. Heard at admission stage.2. In this second appeal, the following findings of facts were- recorded by the learned Civil Judge (SD), Jalore through judgment and decree dated 8.5.1997 in civil original suit No. 4/95 and the same were upheld by the learned District Judge, Jalore through judgment and decree dated 12.12.2003 in appeal No. 28/97:-(i) That disputed wall marked K to L in site plan Ex. 1 is a joint property between the plaintiffs-appellants and defendants- respondents.(ii) That since it is a joint property, therefore, plaintiffs-appellants had a right to seek partition of the disputed joint wall.(iii) That since the disputed wall is very old one and is in a dilapidated condition, therefore, it was not possible to make division of that wall by metes and bounds and practically also that cannot be divided between two.(iv) That so far as comparative need of the disputed joint wall between the parties was concerned, there was no need now for the plaintiffs-appe...
Tag this Judgment!Assistant Commercial Taxes Officer Vs. Rishab Special Yarns Limited
Court: Rajasthan
Decided on: Aug-23-2004
Reported in: (2007)11VST32(Raj)
ORDERSunil Kumar Garg, J.1. This revision petition has been filed by the petitioner-Assistant Commercial Taxes Officer against judgment and order dated May 6, 2002 (annexure 5) passed by the Rajasthan Tax Board, Ajmer in Appeal No. 532 of 2002 by which the learned Tax Board allowed the second appeal filed by the respondent and set aside the order dated March 18, 2002 (annexure 4) passed by the Deputy Commissioner (Appeals)-II, Jaipur, as well as well as penalty order dated July 17, 2000 (annexure 3) passed by the Assistant Commercial Taxes Officer, Flying squad, Raniwada (hereinafter referred to as the 'assessing authority') whereby the learned assessing authority imposed penalty of Rs. 87,875 against the respondent.2. It arises in the following circumstances:On July 6, 2000, the vehicle No. GJ-9/V-7127 (hereinafter referred to as the vehicle in question), which was carrying 69 carton of yarn belonging to the respondent M/s. Rishab Special Yarns Limited, was intercepted and checked by ...
Tag this Judgment!Subadi and Seven ors. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Aug-20-2004
Reported in: RLW2005(1)Raj447; 2004(4)WLC602
Shiv Kumar Sharma, J.1. The appellants, eight in number, were accused on the file of learned Additional Sessions Judge, No. 2, Deeg (Bharatpur) bearing Sessions Case No. 260/2002. Learned Judge vide judgment dated February 24, 2003 convicted and sentenced the appellants as under:-Under Section. 302/149 IPC:Each to suffer Imprisonment for life and fine of Rs. 500/-, in default to further suffer one Month Rigorous Imprisonment.Under Section 332/149 IPC:Each to suffer Rigorous Imprisonment for two years.Under Section 147 IPC:Each to suffer Rigorous Imprisonment for six months.Under Section 341 IPC:Each to suffer Simple Imprisonment for one month.Substantial sentences were directed to run concurrently.2. It is the prosecution case that on July 1, 2001 around 8.40 AM or in the course of investigation of Criminal Case No. 113/2001 registered under Section 147, 148, 149, 307, 302, 323 and 341 IPC, Damodar Singh, ASI of Police Station Sikri and Constables Girwar Singh and Sampat Singh were car...
Tag this Judgment!Shyam Sunder Vs. Narbada Devi and anr.
Court: Rajasthan
Decided on: Aug-19-2004
Reported in: RLW2005(1)Raj257; 2004(4)WLC544
Goyal, J.1. This is the tenant's second appeal arising out of a suit for arrears of rent and eviction.2. The plaintiff-respondent No. 1 instituted a civil suit for arrears of rent and eviction on 22.7.1982 against the appellant and his nephew Sh. Nand Lal (respondent No. 2) with the averments that the suit shop was let-out to the defendants for a period of 15 years On 23.3.1967. Monthly rent agreed upon was Rs. 35/-. Eviction was sought on the ground that the plaintiff's son Shyam Lal of 24 years of age would start his cloth business.3. Vide amended plaint, an additional ground of eviction was added that the defendants have failed to pay the rent for 13 moths after institution of the suit.4. Vide written statement, the tenancy was admitted, but the grounds of eviction were denied.5. Issues were framed. Evidence was recorded. Vide judgment dated 13.4.1993 learned Additional Munsif No. 1, Alwar giving the benefit of the first default in payment of rent decreed the plaintiff's suit for ev...
Tag this Judgment!National Insurance Co. Ltd. Vs. Jetha Ram and ors.
Court: Rajasthan
Decided on: Aug-18-2004
Reported in: 2006ACJ1960
Prakash Tatia, J.1. Heard learned Counsel for the appellant.2. Only point urged before this Court is that the Tribunal has held that since the victims were travelling in goods vehicle, therefore, the insurance company is not Despite this finding, the Tribunal passed the award against the appellant insurance company though with liberty to appellant insurance company to recover the amount from the owner of the insured vehicle. Once under the law, there is no liability of the insurance company to pay the compensation or to reimburse the compensation to insured, then no direction could have been issued by the Claims Tribunal against the appellant insurance company to pay the compensation amount. learned Counsel for the appellant relied upon the judgment of the Hon'ble Apex Court delivered in the case of National Insurance Co. Ltd. v. Baljit Kaur : AIR2004SC1340 . According to learned Counsel for the appellant, the Hon'ble Apex Court in the said judgment held that instead of insurance compa...
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