Rajasthan Court December 2005 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Nand Construction Company Vs. Regional Manager (the), Oriental Insuran ...
Court: Rajasthan
Decided on: Dec-08-2005
Reported in: RLW2006(1)Raj481
S.K. Keshote, J. 1. M/s. Nand Construction Company (hereinafter shall be referred to as 'the petitioner') filed S.B. Civil Writ Petition No.1041/1999 against the Regional Manager, Oriental Insurance Company limited and its Branch Manager (hereinafter shall be referred to as 'the respondents'), which was decided by the learned Single Judge under its judgment dated 4.3.2002 (RLW 2002(2) Raj. 1233) Distinguished. The petitioner filed S.B. Civil Review Petition No.54/2002, which was dismissed by the learned Single Judge under its order dated 4.9.2002. The petitioner and the respondents, felt aggrieved of the judgment of the learned Single Judge filed these special appeals under Section 18 of the Rajasthan High Court Ordinances, 1949. Both the special appeals were taken up for hearing together; arguments were heard and concluded and the order was reserved on 29.8.2005.2. Briefly stated the facts of the case are that the petitioner entered into insurance contract with respondent Oriental Ins...
Kailash Giri Vs. Akhey Giri Through Lrs. and ors.
Court: Rajasthan
Decided on: Dec-08-2005
Reported in: RLW2006(1)Raj564; 2006(1)WLC615
Shiv Kumar Sharma, J.1. In these two appeals since identical findings arrived at by the learned Additional District Judge No. 6 Jaipur City vide decrees dated January 2, 1981 in Civil Regular first appeals No. 102/80 and 103/80, are under challenge, I propose to decide them by a common order.2. Contextual facts depict that Akhey Giri filed suit No. (108/55) on May 27, 1955 against Pratap Giri and Tara Giri for partition claiming 1/3 share in the suit property. After about two years i.e. on March 23, 1957 Tara Giri, the uncle of Akhey Giri, filed another suit (50/1957) against Pratap Giri and Akhey Giri seeking partition and possession of the suit property. Both the suits were consolidated. Learned Additional Civil Judge No.2, Jaipur City on the basis of pleadings of the parties framed issues, examined witnesses and passed preliminary decree dated June 5, 1971 holding that Akhey Giri and Tara Giri each were entitled to 1/3 share in the suit property shown in the site plan 2 Ka, Suit Pro...
Veero Vs. State of Rajasthan
Court: Rajasthan
Decided on: Dec-08-2005
Reported in: II(2006)DMC81; 2006(1)WLC630
Narendra Kumar Jain, J. 1. The accused appellant Veero s/o Mojaram has been convicted and sentenced by the Additional Sessions Judge (FT) No. 1, Dholpur vide judgment and order dated 13.8.2002 under Section 304B, I.P.C. to 7 years' R.I. and a fine of Rs. 200, in default of payment of fine to further undergo 1 month's S.I. and under Section 498A, I.P.C. to 2 years' R.I. and a fine of Rs. 200, in default of payment of fine to further undergo 1 month's S.I. Both the sentences were ordered to run concurrently. Being aggrieved with the same, the present appeal has been filed before this Court.2. P.W. 8 Roopesh, the brother of deceased Suman lodged a typed report before the Superintendent of Police, Dholpur on 4.6.2001 about death of her sister Suman on 1.6.2001 in village Nidera, P.S. Kaulari, District Dholpur. The said report was directed to SHO, who registered FIR No. 94/2001 on 5.6.2001 at 1.40 p.m. at P.S. Kaulari under Sections 304B and 201, I.P.C. In the report, it was alleged that ma...
Union of India (Uoi) and ors. Vs. Umesh Kumar Malik
Court: Rajasthan
Decided on: Dec-08-2005
Reported in: RLW2006(4)Raj2805
Rajesh Balia, J.1. This appeal is directed against the judgment of learned single Judge dated 25.7.1997. The writ petition filed by the respondent-petitioner was accepted by learned Single Judge by which Annex.5 dated 3th Jan., 1991, striking off the name of petitioner from Unit w.e.f. 31.01.1991 with immediate effect, and the show cause notice dated 11.1.1991 in pursuance of which termination order took place, were quashed.2. The respondent-petitioner was working as a Sweeper with the Boarder Security Force and was posted in 73 Battalion. He proceeded on sanctioned leave from 10.10.1990 to 29.10.1990. However, he did not report on duty after expiry of sanctioned leave. After show cause notice was issued, he applied for extension of leave on medical ground upto 30th January, 1991. As per the petitioner, he had come to the office on 31st January, 1991 after remaining absent from duty for the period including the period as alleged in the application for extension of leave but he was not ...
Rang Lal Vs. State of Rajasthan
Court: Rajasthan
Decided on: Dec-07-2005
Reported in: 2006CriLJ1453; RLW2006(1)Raj808
F.C. Bansal, J.1. This appeal is directed against the judgment dated February 15, 2001 passed by the learned Additional Sessions Judge, Kekri whereby accused-appellant Ranglal has been convicted under Section 376 IPC and sentenced to suffer R.I. for seven years and a fine of Rs. 20,000/-, in default of payment of fine to further suffer simple imprisonment for one year.2. Briefly stated the facts of the prosecution case are that on April 21, 2000 at 1.00 p.m. the prosecutrix (PW 1) submitted a written report Ex.PI at police station Kekri wherein it was, interalia, stated that yesterday on April 20, 2000 she was alone in her house. Her husband had gone to appear in the examination and her inlaws had gone to attend a marriage. At about 10.30 a.m. accused appellant Ranglal S/o Bholu, by caste-Car-painter came in her house and committed rape on her. She protested and made hue and cry but nobody heard it. When the accused appellant was fleeing from her house after having committed rape, he w...
Municipal Board Vs. Bhura and ors.
Court: Rajasthan
Decided on: Dec-07-2005
Reported in: AIR2006Raj114; RLW2006(1)Raj567; 2006(1)WLC598
Shiv Kumar Sharma, J. 1. Plaintiff Municipal Board Niwai is the appellant in this second appeal which has been filed against the judgment and decree dated January 28, 1999 of learned District Judge Tonk reversing the judgment and decree dated February 1, 1994 of learned Civil Judge (Sr. Dn.) Niwai. The parties shall be referred hereinafter in the manner as they were arrayed in the suit.2. Contextual facts depict that the learned Civil Judge (Sr. Dn.) Niwai passed decree in favour of the plaintiff restraining the defendants from interfering in suit land. Learned District Judge Tonk however reversed the decree holding that the defendants were in possession of the suit land and suit for permanent injunction was not maintainable. Being aggrieved by the reversal finding of the first appellate court instant second appeal has been preferred.3. This appeal raises following substantial question of law:-(i) Whether the extension of the Municipal limits by the notification in question duly publis...
Hema Ram and ors. Vs. State of Raj. and anr.
Court: Rajasthan
Decided on: Dec-07-2005
Reported in: 2006CriLJ1463; RLW2006(1)Raj476
H.R. Panwar, J. 1. S.B. Criminal Revision Petition No. 165/2000 under Section 397/401 of the Code of Criminal Procedure, 1973 is directed against the Order dated 3.4.2000 passed by the Additional Sessions Judge, Deedwana (for short, 'the trial Court' hereinafter) in Sessions Case No. 54/99, whereby the trial Court determined the age of accused Hari Ram (for short, 'the accused-petitioner' hereinafter) below 16 years on the date of alleged commission of the offence, i.e. on 30.10.1998 and declared him as juvenile and directed to be tried by the Juvenile Justice Board, Ajmer. S.B. Criminal Revision Petition No. 199/2005 has been filed by the accused against the order dated 1.2.2005 passed by the trial Court, whereby the trial Court framed the charges against the accused for the offences under Sections 148, 302, 149, 325 read with Section 149 and 323/149 IPC. Aggrieved by the order holding the accused as juvenile, complainant Hema Ram (for short, 'the complainant' hereinafter) has filed S...
Lalit Kumar Vs. Subhash Chandra
Court: Rajasthan
Decided on: Dec-07-2005
Reported in: RLW2006(1)Raj504
Prakash Tatia, J.1. Heard learned Counsel for the parties.2. The plaintiff-respondent filed a suit for eviction of his tenant/appellant on the ground of personal bona fide necessity with the plea that he purchased the suit property from his father and presently, he is living in one room accommodation in difficult situation. The trial Court decreed the suit of the plaintiff on 20.8.1996 after recording finding that the plaintiff proved his personal bona fide necessity. The defendant/appellant preferred appeal against the judgment and decree dated 20.8.1996. Before the appellate Court, an argument was raised by the tenant/appellant that just before the decision of the suit by the trial Court, the plaintiff's father expired on 16.8.1996 thereby the plaintiff got his father's house in inheritance, therefore, the need of the plaintiff has come to an end if it was there. The said argument was considered by the first appellate court and the first appellate court after considering the said ple...
Shefali Devnath @ Anjali (Smt.) and anr. Vs. Ram Kumar and ors.
Court: Rajasthan
Decided on: Dec-07-2005
Reported in: RLW2006(1)Raj801
Narendra Kumar Jain, J.1. Heard learned Counsel for the parties.2. These five appeals, arise out of one accident and are directed against the common judgment/award dated 12.7.1993 passed by the Motor Accident Claims Tribunal, Jaipur District Jaipur, therefore, all these appeals are being disposed of by this common order.3. The claimants filed four applications for compensation before the Motor Accident Claims Tribunal, Jaipur District Jaipur in respect of death of Baldev Nath, Dhani Ram and Gargi Dullam, and one injured namely; Kamal Kumar. Their claim applications were registered as Motor Accident Claims Case Nos. 345/93, 346/93, 811/93 and 343/1986. 4. Learned Tribunal awarded Rs. 35.000/- in favour of the claimants Shefali and Ors. in respect of death of Baldev Nath, Rs. 81,900/- in favour of the claimants Krishandhan Dutt and Others in respect of death of Dhani Ram, Rs. 2,38,000/- in favour of the claimants Tapi Dullam in respect of death of Gargi Dullam and Rs. 42.000/- in favour ...
Raj Cement Vs. Union of India (Uoi) and ors.
Court: Rajasthan
Decided on: Dec-07-2005
Reported in: 2006(197)ELT491(Raj); RLW2006(2)Raj1333; 2006(2)WLC591
Rajesh Balia, J.1. These two cases of M/s. Raj Cement raise identical issues and are being heard and decided together.2. Tax Reference Application No. 10/2002 has arisen out of the order passed by the Customs Excise and Gold Control Appellate Tribunal on 25.7.2002 before the provision for filing appeal came into force and in respect of the show cause notice dated 17.6.1998 issued by Superintendent, the Central Excise, Range Beawar stating that the assessee has erroneously availed the Modvat Credit from January 1998 to April 1998 on the items viz., Blowbar, Impector, Scrapper chain, Appron feeder with scrapper and conveyor etc. as capital goods under Rule 57Q of the Central Excise Rules, 1944. The notice was also issued in respect of capital goods viz. components for belt conveyor, and rubber conveyor belt which were used to carry lime stone from their mines to the factory premises.3. The Assessing Officer as well as the Commissioner, Central Excise (Appeals) decided against the appella...
- ‹ Prev
- 1
- 2
- 3
- 5
- 6
- 7
- Next ›
- Last »