Rajasthan Court November 2005 Judgments
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Prakash Chand Mali Vs. State of Rajasthan
Court: Rajasthan
Decided on: Nov-19-2005
Reported in: RLW2006(2)Raj1108; 2006(2)WLC319
R.S. Chauhan, J.1. Petitioner has challenged the impugned order dated 20.9.2005 passed by the Special Judge (SC/ST) Court, Jaipur City, Jaippr whereby the objections raised by the petitioner requesting that the part of the statement given by the prosecutrix under Section 161 Cr.P.C. by which she is confronted during trial should be reproduced verbatim in her testimony has been rejected. Hence, this petition before us.2. Mr. Sahni learned Counsel for the petitioner has argued that as a short cut the trial marks the part of the statement by which the prosecution is confronted merely as 'A' to 'B' and 'C to 'D'. But the Trial Court does not record the said statement verbatim in the testimony of the prosecutrix. Such a short cut leads to a host of complications. For example, while passing the decision, in the absence of verbatim reproduction of the statement, the Trial Court may or may not understand the contradiction pointed out by the defence. Moreover, the Trial Court lawyers or the def...
Ajay Pal Singh Vs. State of Rajasthan and anr.
Court: Rajasthan
Decided on: Nov-18-2005
Reported in: RLW2006(1)Raj320; 2006(1)WLC161
K.S. Rathore, J.1. The petitioner passed his Higher Secondary School Examination in the year 19S6 from the Rajasthan Board of Secondary Education, Ajmer which is the qualification required to be appointed on the post of House Keeper/Telephone Operator/Receptionist. The petitioner was initially employed as House Keeper in the Rajasthan House, New Delhi on daily wage basis on 15.5.88 vide order dated 26.6.90, he was continued on the said post and was working as House Keeper till 1991. Thereafter, the services of the petitioner were regularised as Class-IV employee vide order dated 21.1.91.2. The appointment was made on the post of Class IV but the petitioner since inception discharging the duty and working as House Keeper till today in the Rajasthan House, New Delhi.3. The petitioner while discharging the duties as House Keeper though the he was regularly appointed on the post of Class IV submitted an application dated 28.7.94 to the Special Secretary GAD Govt. of Rajasthan through Manag...
Ranvir and anr. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Nov-18-2005
Reported in: II(2006)DMC29; 2006(1)WLC490; 2005WLC(Raj)UC11
V.K. Bali, J.1. Whereas appellant Ranvir has been found guilty for offence under Section 302. IPC and sentenced lo undergo imprisonment for life us also to pay a line of Rs. 5,000 and in default of payment of line lo further undergo Rl for one year having intentionally caused death of his young wife with advanced pregnancy, his real brother Ummed Singh has been held guilty for offence under Section 201, IPC and sentenced to undergo Rl for a period of four years as also to pay a fine of Rs. 1,000 in default of payment of fine, to further undergo Rl for six months for screening the offence of murder committed by his brother. They were held guilty and sentenced, as mentioned above, vide judgment recorded by the learned Additional Sessions Judge, Jhunjhunu dated 8.11.2000. It is against this common order of conviction and sentence that whereas Ranvir has filed D.B. Criminal Appeal No. 705/2000, Ummed Singh has filed S.B. Criminal Appeal No. 666/2000.2. The incident with regard to death of ...
Bhanwar Lal Verma Vs. Sharad Tholia and ors.
Court: Rajasthan
Decided on: Nov-18-2005
Reported in: I(2006)ACC652; 2007ACJ52; RLW2006(2)Raj1306; 2006(2)WLC225
R.S. Chauhan, J.1. In the afternoon of 14.12.1988, when the appellant was going from Ranch Batti Circle to Ajmeri Gate, on M.I. Road, one of the busiest roads of Jaipur, without any signal, the respondent's Car hit the appellant from the back. Consequently, not only was the Scooter damaged, but more importantly the appellant suffered a fracture of his hipbone. The appellant had to undergo an operation whereby a steel road was inserted in his hip joint. According to the appellant, he stayed in SMS Hospital at Jaipur for five days. Subsequently, because the Doctors of the Hospital were on strike, therefore he was shifted to the Sharma Nursing Home where he stayed for almost 80 days. Consequently, he filed a claim petition before the Motor Accident Claims Tribunal, Jaipur, for compensation of Rs. 1,03,305/-.2. Since the Driver and the owner did not appear before the Tribunal, therefore the Tribunal proceeded exparte against them. The Insurance Company filed its written statement wherein i...
Tilak Raj Vs. Baldev Raj and ors.
Court: Rajasthan
Decided on: Nov-18-2005
Reported in: I(2006)ACC718; 2007ACJ127
R.S. Chauhan, J.1. In an unusual accident involving three trucks, the appellant who was a khalasi, suffered an injury and consequently lost his leg. On 13.9.1989 while the truck on which the appellant was a khalasi was going on Gopalpura Bypass, another truck (to be referred as truck No. 2) overtook the said truck from the wrong side and dashed against truck No. 1. Meanwhile, a third truck (to be referred as truck No. 3) was coming from the front and that too dashed against truck No. 1. Consequently, truck No. 1 was sandwiched between truck Nos. 2 and 3. As a result of the said accident, the appellant's right leg was amputated. Subsequently, the appellant filed claim petition for compensation of Rs. 9,32,000.2. In the written statement filed by the three different insurance companies, respondent Nos. 3, 6 and 9, they admitted that the respective trucks were insured with them. However, each insurance company blamed the drivers of the other two trucks for causing the accident. After fram...
Sangram Singh Mehta and ors. Vs. Income Tax Officer and ors.
Court: Rajasthan
Decided on: Nov-17-2005
Reported in: (2006)200CTR(Raj)93; [2008]296ITR483(Raj)
Dalip Singh, J.1. In this writ petition, the petitioner has challenged among others the order dt. 11th Sept., 1991 (Annex. 1) which is an order passed on the application under Section 154 read with Sections 220(2A) and 273A of the Income-tax Act, 1961 (hereinafter referred to as 'the IT Act'), moved by the assessee-petitioner.2. The facts need not be mentioned in detail. Suffice it to say that there was a demand of tax, interest and penalty against the petitioner, Sangram Singh Mehta for the asst. yr. 1966-67. The petitioner was unable to meet the said demand on account of various reasons mentioned in the writ petition and subsequently the petitioner moved an application dt. 7th March, 1988 (Annex. A) before the CIT, Jaipur, for waiver of interest under Sections. 217 and 220 of the IT Act. The case of the petitioner is that on the said application after deliberation, the CIT, Jaipur, on 29th March, 1988 sent a communication to the ITO, A-Ward, Jaipur, which is at p. 127 and which was f...
Rajasthan State Electricity Board Vs. Shri Choth Mal Kumawat
Court: Rajasthan
Decided on: Nov-17-2005
Reported in: RLW2006(1)Raj251
Shiv Kumar Sharma, J.1. Following substantial questions of law were formulated at the time of admission of appeal:-(i) Whether the period under suspension is to be counted as period rendered by the employee under probation as provided under Regulation 21 of the Ministerial Staff Regulations of 1962?(ii) Whether in the absence of specific order passed by the authority under Regulation 23 of the Regulations of 1962 can any employee by fiction claim to be automatically confirmed by deemed fiction?2. Contextual fact depict that the plaintiff respondents (for 'short plaintiff') was appointed as Lower Division Clerk (for short 'LDC') in the services of defendant appellant (for short 'defendant') on December 2, 1970. He was further promoted as Accounts Clerk on February 3,1976. He appeared in the examination held for the post of Accountant and was successful in the examination, consequently was appointed as Accountant vide order dated September 9, 1977 on probation as provided under Rule 21 o...
Pappu @ Ramphal Vs. State of Rajasthan
Court: Rajasthan
Decided on: Nov-17-2005
Reported in: RLW2006(1)Raj120; 2006WLC(Raj)UC137
V.K. Bali, J.1. Pappu @ Ramphal was tried with three of his brothers. Ashok, one of his brothers, is husband of the deceased. Ashok and two other brothers of the applicant have been acquitted. The only evidence, it is urged on the basis of which the applicant could be connected with the crime was recovery of 'Phavda'. The learned counsel contends that recovery of 'Phavda' on a disclosure statement made by the applicant was sought to be proved by Sher Singh and Dharam Pal, who are Police Constables and it will be difficult to accept their testimony. He further contends that in the FSL report Ex. 32, even though, 'Phavda' may have been found, which is strained with human blood but the prosecution led no evidence to show that the blood group was same as that belonged to the deceased. On the blouse of the deceased as well, it would not be proved that blood found was that of the deceased.2. Without commenting upon the contentions of the learned Counsel as noted above, as that may prejudice ...
Viswanath Sharma (Shri) Vs. State of Rajasthan and 3 ors.
Court: Rajasthan
Decided on: Nov-17-2005
Reported in: RLW2006(1)Raj350
S.K. Keshote, J.1. The learned Single Judge, under its order, dated 9.8.2000, on having found conflict in two Division Bench decisions of the Court in G.N. Tandon v. State of Rajasthan and Ors. 1996(1) RLR 538 and Dr. Kailash Chandra Mittal and 5 Ors. v. State of Rajasthan 2000 WLC (Raj.) UC 343, referred the matter to the Larger Bench and the question framed for consideration thereof is whether Ordinance 67-A of the Rajasthan University Ordinances (for short, 'the Ordinances'), will prevail or the employees will be governed by the Rajasthan Non-Government Educational Institution Act, 1989 (hereinafter referred to as 'the Act, 1989') and the Rajasthan Grant-in-Aid to Education and Cultural Institutions Rules, 1963 (for short, 'the Rules, 1963'). Though it is not specifically stated in the question but from the facts of the case, which have come on the record, we find that the dispute relates to the age of superannuation of the teachers in the Non-Government Recognised Affiliated Aided ...
In Re: Sutlej Industries Ltd.
Court: Rajasthan
Decided on: Nov-17-2005
Reported in: [2006]68SCL251(Raj)
ORDERS.K. Keshote, J. 1. The applicants have filed this application under Sections 391 and 393 of the Companies Act, 1956 ('the Act, 1956') for a direction of the Court to dispense with the meetings of the equity shareholders of the applicant transferee-company, and, as to the issue and publication of notices and the convening, holding and conducting of separate meeting of the equity shareholders, secured creditors and unsecured creditors of the applicant transferor-company and the appointment of the Chairman for the meeting aforesaid.Sutlej Industries Limited 'the applicant transferor-company' is a company duly incorporated on 22-11-1934 under the provisions of the Indian Companies Act, VII of 1913 as a public company limited by shares under the name of Sutlej Cotton Mills Limited. With effect from 13-9-1995 the name of the applicant transferor-company was changed to Sutlej Industries Limited; its registered office is situated at Pachpahar Road, Bhawanimandi (Rajasthan).2. The positio...
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