Rajasthan Court September 2004 Judgments
Girraj Prasad Vs. Rishikesh and ors.
Court: Rajasthan
Decided on: Sep-27-2004
Reported in: RLW2005(1)Raj558; 2005(2)WLC429
A.C. Goyal, J.1. This is the second appeal by the defendant- tenant against the judgment and decree dated 17.7.2001 whereby learned Additional District Judge No. 3, Jaipur City, Jaipur affirmed the judgment and decree of eviction dated 20.3.1999 passed by learned Additional Civil Judge (Junior Division) No. 4, Jaipur City, Jaipur.2. The plaintiff Sh. Jamnadas filed a civil suit for arrears of rent and eviction on 16.9.1976 against the defendant-tenant Sh. Kesar Lal with the averments that two shops and one 'Kotha' were let-out to the defendant on 9.2.1951 on monthly rent of Rs. 35/-. On account of default in payment of rent and reasonable and bonafide requirement for the plaintiff's son Rajendra Kumar, the plaintiff had filed a civil suit No. 19/1969 for arrears of rent and eviction. The defendant in that civil suit filed an application under Section 13-A of the Rajasthan Premises (Control of Rent & Eviction) Act, 1950 (in short the Act). That application was decided on 31.10.1975. The...
Tag this Judgment!Amar Singh and anr. Vs. State and ors.
Court: Rajasthan
Decided on: Sep-24-2004
Reported in: RLW2005(1)Raj197; 2004WLC(Raj)UC381
N.P. Gupta, J.1. Heard learned counsel for the petitioner.2. By the impugned order, the Executive Engineer has directed to levy 20 times penalty under Rule 31 (2) of the Rajasthan Irrigation and Drainage Rules, 1955 (herein- after referred to as 'Rules', and to stop water supply for a period of one year. Against this order, an appeal has been filed by the petitioner, which too has been dismissed vide order Annex.4.3. As appears from Annex. 1, that in the intervening night of 17/18.8,04, during the course of petrolling, it was noticed that at about 3.00 AM, water was illegally extracted from place between Burji No. 41 and 42 with the help of rubber pipe of 5 inch diameter, and was being used for irrigation. The pipe was seized by the Junior Engineer and tail cultivators. Thereafter the matter was looked into, and it was found that water was being illegally carried for irrigation to Khasra No. 12 SDS-A on the land of Amar Singh, Kalasingh, Chanan Singh and Ajayab Singh; all sons of Kikar...
Tag this Judgment!Surendra Kumar Garg and ors. Vs. the State of Rajasthan and ors.
Court: Rajasthan
Decided on: Sep-24-2004
Reported in: RLW2005(1)Raj478; 2005(1)WLC243
R.P. Vyas, J.1. The instant appeal is directed against the order of the learned Single Judge dated August 26, 2003, by which he dismissed the writ petition of the appellant-petitioners on the grounds that to settle the scores against respondent No. 3- Smt. Surta Devi the lady Sarpanch of Gram Panchayat, the petition has been filed, and she is indulged in forgery and prepared forged documents, the petitioner-appellants are free to move a No Confidence Motion against her. Apart from that, the petitioner- appellants are not directly affected by the order of the State Government.2. Aggrieved by the aforesaid order of the learned Single Judge, the instant appeal has been filed.3. In this appeal, the appellant-petitioners have challenged the impugned order of the learned Single Judge dated August 26, 2003 on two grounds. Firstly, it was contended that the learned Single Judge has committed serious illegality and irregularity while dismissing the writ petition, without taking into considerati...
Tag this Judgment!Federation of Private Medical and Dental Colleges of Rajasthan Vs. Sta ...
Court: Rajasthan
Decided on: Sep-24-2004
Reported in: RLW2005(2)Raj905; 2005(1)WLC202
K.S. Rathore, J.1. This present petition is filed on behalf of the Federation of Private Medical and Dental College of Rajasthan through its President Dr. M.L. Swarnkar.2. The brief facts of the case are that the petitioner is a Federation of the Private Medical and Dental Colleges of Rajasthan, which has been constituted as per the law laid down by Hon'ble Supreme Court in the case of Islamic Academy of Education and Anr. v. State of Karnataka and Ors., 2003 (6) SCC 697. The purpose of the Federation is to regulate and conduct the examination of Common Entrance Test and Viva-Voce. The Federation consists 8 members out of which two private Medical Colleges and six Dental Colleges.3. The controversy arose when phone calls were received by the President of the Federation from unidentified blackmailers, who have threatened and blackmailed him through phone calls to make the payment of Rs. 2 crores, failing which they will not only defame him but also release the CDs. After receipt of me p...
Tag this Judgment!Mahavir Singh Vs. State of Rajasthan
Court: Rajasthan
Decided on: Sep-24-2004
Reported in: RLW2005(2)Raj805; 2004(4)WLC599
Shiv Kumar Sharma, J.1. The appellant was the accused on the file of learned Additional Sessions Judge, Jhunjhunu bearing Sessions Case No. 90/96 (133/96). Learned Judge vide judgment dated March 22, 1997 convicted and sentenced the appellant Under Section 302 IPC to undergo Imprisonment for life and fine of Rs. 2500/-, in default to further suffer Simple Imprisonment for six months.2. It is the prosecution case that on October 30, 1995 Ganpat Ram (now deceased) had gone to his field along with the appellant. Banarsi Devi, wife of Ganpat Ram, also joined them after some time with lunch box. Around 11-12 noon after the appellant ate his lunch, Ganpat Ram directed him to thresh Bazra while Banarsi Devi was asked to perform another agriculture work, for which Banarsi Devi had to go at a distance. On her return Banarsi Devi saw the appellant inflicting blows with Gandasi on the person of Ganpat Ram who died at the spot. She made hue and cry and in the meanwhile appellant fled away. Banarsi...
Tag this Judgment!Hira Ram and anr. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Sep-24-2004
Reported in: II(2005)DMC799; RLW2005(3)Raj1565; 2005(1)WLC20
N.N. Mathur, J.1. This appeal is directed against the judgment dated 3.12.2002 passed by the Additional Sessions Judge (Fast Track), Nagaur convicting the appellants Hira Ram and his wife Smt. Rukma for offence under Section 304B I.P.C. and sentenced to imprisonment for life and to pay a fine of Rs. 25000/-; in default of payment of fine to further undergo 2 years simple imprisonment. They have also been convicted for offence under Section 498A I.P.C. and sentenced to 3 years simple imprisonment and to pay fine of Rs. 5000/-; in default of payment of fine to further undergo 1 month simple imprisonment. Both the sentenced have been ordered to run concurrently.2. The prosecution case as unfolded during the trial is that on 19.1.96 D.W.3 Trilok Ram submitted a written First Information Report Ex.P12 at Police Station, Jaswantgarh stating inter alia that his uncle's daughter Buli was married to one Harphool son of appellant Hira Ram of village Laidy. Last evening he was informed that while...
Tag this Judgment!Chittor Cement Works Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Sep-24-2004
Reported in: RLW2005(3)Raj1777
B. Prasad, J.1. The present appeal arises out of the decision of learned Single Judge of this Court whereby the writ petitions of the petitioners were dismissed. Petitioners in the writ petitions claimed that inclusion of the area of petitions' premises in the area of Chittorgarh Municipality is not affected by valid Notification. Unless a Notification is validly issued, the area as claimed by the respondents cannot form a part of Chittorgarh Municipality. Since the area cannot form the part of Chittorgarh Municipality, the municipal authorities in Chittorgarh has no right to impose tax in the nature of octroi on the goods which are transported.2. Principal emphasis of the learned counsel for the appellants in this appeal is that learned Single Judge while deciding the writ petition has not dealt with the subject in right earnestness. The learned Single Judge has held that area comprised of the appellants' premises, has rightly been included within the boundaries of Chittorgarh Municip...
Tag this Judgment!State Vs. Mangi Lal
Court: Rajasthan
Decided on: Sep-23-2004
Reported in: RLW2005(1)Raj232
Krishan Kumar, J.1. This revision petition has been filed against the order dated 20.10.1993 passed by Special Judge, NDPS Act Cases, Bhilwara, granting bail to the accused-respondent under Section 167(2) Cr.P.C.2. The accused respondent - Mangilal was arrested on 8.7.1993 and charge-sheet against him was filed on 18.10.1993 i.e. after 104 days. Learned Special Judge after hearing both the parties has granted bail to the accused-respondent.3. Learned Public Prosecutor stated that learned Special Judge has not considered the judgment of this Court in Harendra @ Hari Singh v. State of Raj., 1993 C.L.R. (Raj.) 417, RLW 1993(1) 487, and relied upon the judgment of this Court in Kasva v. State of Raj., 1991 R.C.C. 438. He has also argued that the charge-sheet was filed on 18.10.1993 and accused was released on bail after filing of the charge-sheet. Learned Public Prosecutor has placed reliance upon the judgment rendered by Hon'ble Supreme Court in Dr. Bipin Shantilal Panchal v. State of Guj...
Tag this Judgment!Ram Dayal and ors. Vs. the State of Rajasthan
Court: Rajasthan
Decided on: Sep-23-2004
Reported in: RLW2005(1)Raj498
R.P. Vyas, J.1. No doubt, death is certain, whosoever born in this dreary world, has to leave for heavenly abode, but, equally the sad demise is painful, if it takes place at the early age, without any rhyme or reason, without any fault or misdeed and that too, by their own people/in laws', where she is expected to live safe and secure. A poor young lady, Smt. Pooni, lost her valuable life on December 19, 1996. According to the complainant- party, she was mercilessly killed by Ram Dayal, Mohan Lal and Ramji Lal, whereas, the other part of story is that she has been done to death by their own persons, relatives and complainant party, where she had been residing in a separate room of their house.2. This appeal is directed against the judgment dated October 31, 2000, passed by the learned Additional Sessions Judge, Bandikui, district Dausa, in Sessions Case No. 19/2000, convicting and sentencing the accused-appellants Ram Dayal, Mohan Lal and Ramjilal under Section 302/34, IPC, for impris...
Tag this Judgment!Assistant Commissioner of Income Tax Vs. Banswara Syntex Ltd.
Court: Rajasthan
Decided on: Sep-22-2004
Reported in: (2004)191CTR(Raj)330; [2005]272ITR642(Raj); RLW2005(1)Raj199; 2005(1)WLC87
Anil Dev Singh, C.J.1. This appeal is directed against the order of the learned Single Judge dt. 16th March, 2004, rendered in SB Civil Writ Petn. No. 6962 of 2003 whereby the writ petition was allowed and the notice issued under Section 148 of the IT Act, 1961, by the assessing authority was quashed. The facts giving rise to the appeal are as follows :The respondent-company filed its return of income for the asst. yr, 1996-97 on 28th Nov., 1996. The assessment was completed by the assessing authority by its order dt. 26th Feb., 1999. However, on 28th March, 2003, the assessing authority issued a notice to the respondent under Section 148 of the IT Act requiring the respondent to deliver to it (assessing authority) within 30 days from the date of service of the notice a return in the prescribed form on the ground that it has reason to believe that the income of the respondent chargeable for the asst. yr. 1996-97 had escaped assessment. Pursuant to the notice issued under Section 148, t...
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