Rajasthan Court January 2005 Judgments
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Dinesh @ Buddha Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jan-04-2005
Reported in: 2005CriLJ1452; RLW2005(1)Raj534; 2005(1)WLC766
Shiv Kumar Sharma, J.1. The appellant (hereinafter described as 'accused') has filed this appeal impugning the judgment dated April 26, 1999 of the learned Special Judge SC & ST (Prevention of Atrocities) Cases Dausa whereby the accused was convicted and sentenced as under:-Under Section 376 IPC read with Section 3(2)(5) SC & ST (Prevention of Atrocities) Act (for short 'SC & ST Act'):-To suffer Imprisonment for life and fine of Rs. 1000/-. in default to further suffer one year Simple Imprisonment.2. The prosecution case as unfolded during trial is that informant Chameli Devi on February 6, 1998 submitted written report at Police Station Mahuwa with the averments that while her daughter Jamna Bai aged eight years in the preceding night coming back after attending a marriage, the accused picked her to his house and committed rape on her. The informant saw profused bleeding on the private parts of Jamna Bai and her undergarments were stained with blood. The police station registered a ca...
Anwar Ali @ Anwar Mulla and ors. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jan-04-2005
Reported in: 2005CriLJ1861; RLW2005(2)Raj814; 2005(1)WLC755
Shiv Kumar Sharma, J.1. The appellants, three in number, who were the accused on the file of learned Special Judge SC & ST (Prevention of Atrocities) Cases Jaipur bearing Sessions Case No. 59/1999, convicted and sentenced vide judgment dated September 18,2000 as under:-Anwar Ali @ Anwar Mulla:Under Section 394 IPC alternatively 394/34 IPC:To suffer Rigorous Imprisonment for seven years and fine in the sum of Rs. 500/-. in default to further suffer Simple Imprisonment for three months. Under Section 302 IPC:To suffer Imprisonment for life and fine in the sum of Rs. 500/-, in default to further suffer Simple Imprisonment for three months. Aslam Ali & Muzaffar Ali:Under Section 394 IPC alternatively 394/34 IPC:To suffer Rigorous Imprisonment for seven years and fine in the sum of Rs. 500/-, in default to further suffer Simple Imprisonment for three months. Under Section. 302/34 IPC:To suffer Imprisonment for life and fine in the sum of Rs. 500/-, in default to further suffer Simple Impris...
Bijjo Alias Brij Kishore Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jan-04-2005
Reported in: 2005CriLJ1296; 2005(2)WLC62
Shiv Kumar Sharma, J.1. This appeal impugns the judgment dated November 25, 2000 rendered by learned Special Judge, Dacoity Affected Area & Additional Sessions Judge, Dholpur in Sessions Case Nos. 41/1998 (47/1998), whereby the appellant (herein after described as 'accused') was convicted for the offence under Section 302 IPC and sentenced to suffer Imprisonment for life and fine of Rs. 500/-, in default to further suffer rigorous Imprisonment for three months. 2. As per the prosecution story, while Pooran was at his field on November 7, 1997 the accused came over there, got Beedi and Match-box out of the pocket of Pooran and opened fire with the gun that hit right thigh and abdomen of Pooran who was taken to the Hospital. Injuries of Pooran were examined on November 7, 1997 by Medical Jurist at Dholpur and he was referred to Agra for treatment where he died on November 18, 1997. Case under Section 302 IPC was registered and after usual investigation charge-sheet was filed. In due cour...
Rajesh Kumar Rathore Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Jan-04-2005
Reported in: RLW2005(2)Raj1162; 2005(1)WLC762
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 1.9.2003 with the prayer that by an appropriate writ, order or direction, the Circular dated 16.8.2003 (Annex.R/1) issued by the Director, Secondary Education, Rajasthan, Bikaner (respondent No. 2) directing that for appointment to the post of Physical Training Instructor (PTI) Gr.III, marks obtained in compulsory subjects of Vocational Course as well as marks obtained in optional subjects of Bridge Course would be taken into consideration, be quashed and set aside and further, the respondents be directed to prepare a fresh selection list ignoring directions contained in Circular Annex.R/1 dated 16.8.2003 and if the petitioner comes in merit, he may be given appointment.2. The case of the petitioner as putforward by him in this writ petition is as follows:The petitioner passed the Secondary School Examination and thereafter, he passed the ...
Commissioner of Income Tax Vs. Mohinder Kumar and Party
Court: Rajasthan
Decided on: Jan-04-2005
Reported in: (2005)195CTR(Raj)335; [2006]284ITR250(Raj)
1. This is an application under Section 256(2) of the IT Act, 1961, seeking a direction to the Tribunal, Jaipur Bench, Jaipur, to state the case and to refer following questions alleged to be question arising from the appellate order of the Tribunal, dt. 22nd March, 1994, which relates to the asst. yr. 1987-88 :'1. Whether, on the facts and in the circumstances of the case, the Tribunal is justified in holding that the 'issue price' charged by the Excise Department does not come in purview of payment within the meaning of Section 43B of the IT Act and, consequently cannot be disallowed under Section 43B ?2. If the answer to the question No. 1 is in the negative, whether the Tribunal is justified in holding that the sum of Rs. 2,39,527 is allowable as a deduction in spite of the fact that the assessee has not accepted this amount as liability and contesting the same ?'2. The assessee is a liquor contractor and was holding licence for wholesale and retail sale of country liquor under the...
Ranchod B. Das Vs. Lrs of Kanhaiya Lal
Court: Rajasthan
Decided on: Jan-04-2005
Reported in: RLW2005(3)Raj2056; 2005(2)WLC10
Prakash Tatia, J.1. The Trial Court decreed the suit of the appellant-plaintiff for eviction of his tenant-respondent, from the suit premises, vide judgment and decree dated 16.8.1994. The appellate court reversed the judgment and the decree of the Trial Court vide judgment and decree dated 5.4.1997. Hence, this second appeal by the appellant-plaintiff-landlord against the judgment and decree of the first appellate court dated 5.4.1997.2. Brief facts of the case are that the plaintiff-appellant, who was in service in the year 1974, let out one of his shop, out of his three shops, situated in his house to the defendant- deceased Kanhaiya Lal on 2.10.1974 on rent of Rs. 110/- per month excluding the charges for the electricity, water and house-tax. The plaintiff filed the suit for eviction against the defendant-tenant on 28.10.1977. The plaintiff in his plaint stated that the suit shop was let out to the defendant for commercial purposes but instead of doing the business in his own name,...
Niranjan @ Neeru Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jan-03-2005
Reported in: RLW2005(2)Raj990; 2005(2)WLC400
Shiv Kumar Sharma, J.1. This appeal impugns the judgment dated March 8, 2000 rendered by learned Additional Sessions Judge No. 1, Jaipur District Jaipur in Sessions Case No. 4/1999, whereby the appellant (herein after described as 'accused') was convicted for the offence under Section 302 IPC and sentenced to suffer Imprisonment for life and fine of Rs. 5000/-, in default to further suffer Imprisonment for six months.2. As per the prosecution story, on September 19, 1998 the informant Laxman submitted a written report at Police station Bagru with the averments that his sister Kanta was married four years back to the accused who was resident of village Ajayrajpura. Since the accused had illicit relations with some other girl, he had never developed liking for Kanta. This fact was disclosed by Kanta to her mother. On September 19,1998 at 7.30 AM after receiving the information about the death of Kanta, the informant rushed to her house where he found Kanta dead. The informant saw the inj...
Raj Kumar Vs. Arjunlal
Court: Rajasthan
Decided on: Jan-03-2005
Reported in: RLW2005(3)Raj1539; 2005(2)WLC230
Prakash Tatia, J.1. Heard learned counsel for the parties on application submitted by the appellant-applicant for seeking clarification of the other dated 9th Nov., 2001.2. The brief facts of the case are that a suit for eviction was filed by the plaintiff-respondent-non-applicant against the appellant-applicant-defendant with the allegation that the suit property was let out to the defendant on a rent of Rs. 2,701/- per month. The plaintiff claimed the arrears of rent of 18 months amounting to Rs. 48,618/-, but since the defendant-tenant already gave a deposit of Rs. 20,000/- to the plaintiff, therefore, the suit for recovery of arrears of rent was for Rs. 28,658/-. According to plaintiff, the tenancy was terminated by the plaintiff from 19th March, 1996. Therefore, the plaintiff claimed damages for use and occupation @ Rs. 5,000/- per month.3. The Trial Court framed the separate issues for the rent of 18 months and for damages for use and occupation @ Rs. 5,000/- per month as claimed...
Kalyan Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jan-02-2005
Reported in: RLW2006(2)Raj1213
S.K. Sharma, J.1. Instant criminal appeal has been filed by accused appellants Kalyan, Ramdayal and Laddulal against the judgment and order dated 23.8.99 passed by learned Addl. Sessions Judge, Chhabra, District - Baran whereby the accused appellants Laddulal and Ramdayal have been convicted for the offence under Section 302 IPC and accused appellant Kalyan for the offence under Section 302/34 IPC and all the three appellants have been sentenced to undergo life imprisonment and a fine of Rs. 1000/- and in default of payment of fine to further undergo six months RI.2. The brief facts which are relevant and essential for the disposal of this appeal are as under.3. On 31.1.98 some unknown persons gave information on phone to the SHO Police Station, Chhabra that some incident of 'Marpeet' has taken place between to groups and one Chhabulal has died in that incident. On this information, SHO Navneet Mahrishi reached the village of Panchpada where at 10 a.m. Ku. Basanti Bai Submitted a writt...
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