Rajasthan Court February 2005 Judgments
State of Rajasthan and ors. Vs. Nathu Lal
Court: Rajasthan
Decided on: Feb-03-2005
Reported in: AIR2006Raj19; IV(2005)BC475; RLW2005(2)Raj1336; 2005(3)WLC341
Dinesh Maheshwari, J.1. The appellants State of Rajasthan and others have submitted this appeal against the order dated 28.11.1995 passed in Writ Petition No. 86/1986 whereby the learned Single Judge allowed the writ petition, quashed the demand notice-Annex. 13 and directed the State Government to deposit the amount of Rs. 29,627/- received from the petitioner in the welfare fund at the disposal of the Chief Minister.2. The matter pertains to the attempted recovery towards alleged breach of contract by the writ petitioner-Nathulal. Brief facts leading to the present appeal are that the appellants issued a notice inviting offers for the contract of collection of Tendu leaves in different forest areas. The invitation was issued on 30.1.1973 (Annex.R/1) fixing the date of auction as 22.2.1973. It is not in dispute that the petitioner was one of the bidders for the area of erstwhile Bijoliya Jagir falling in Mandalgarh range of Forest Division, Chittorgarh for the season of 1973. The peti...
Tag this Judgment!Amar Chand Sharma Vs. Smt. Sita Devi
Court: Rajasthan
Decided on: Feb-03-2005
Reported in: II(2005)DMC441; RLW2005(3)Raj1857; 2005(2)WLC496
Narendra Kumar Jain, J.1. The petitioner has filed this criminal revision petition Under Section 397 Cr.P.C. against the judgment and order dated 11th March, 2004 passed by the District Judge, Alwar in Civil Misc. Application No. 41/31/2004, whereby an application Under Section 25 of the Hindu Marriage Act, 1955 (in short 'the Act' hereinafter) filed by wife-non-petitioner for permanent alimony and maintenance was allowed and petitioner was directed to pay a sum of Rs. 1,000/- for his wife and Rs. 750/- for his minor daughter Anuradha, total Rs. 1750/- per month. The petitioner in his revision petition has challenged that he filed an application Under Section 13 of the Act for grant of decree of divorce in the Court of District Judge Alwar. During the pendency of the said divorce petition, the non-petitioner earlier filed an application Under Section 24 of the Act for grant of maintenance pendente lite. The District Judge, Alwar allowed the application Under Section 24 and directed the...
Tag this Judgment!Girdhari Lal Vs. State of Rajasthan and anr.
Court: Rajasthan
Decided on: Feb-03-2005
Reported in: III(2005)BC342
H.R. Panwar, J.1. By this criminal revision petition under Sections 397/401, Cr.P.C., the petitioner complainant has challenged the order dated 21.9.2004 passed by Sessions Judge, Sri Ganganagar (for short 'the Revisional Court' hereinafter) in a Criminal Revision No. 170/2004 filed by respondent No. 2 Sarwan Kumar against the order dated 9.7.2004 passed by Additional Chief Judicial Magistrate, 1st Class, Sri Ganganagar (for short 'the Trial Court' hereinafter) in Criminal Case No. 106/2004, whereby the Trial Court dismissed the application filed by respondent No. 2 under Section 311, Cr.P.C., the Revisional Court set aside the order of the Trial Court and allowed the revision petition and directed the petitioner-complainant to appear before the Trial Court for further cross-examination as also permitted respondent No. 2 to summon the account books of the firm Nanu Ram Girdhari Lal. Aggrieved by the order of Revisional Court, the petitioner-complainant has filed the instant criminal re...
Tag this Judgment!National Insurance Company Ltd. Vs. Smt. Radha Bai and ors.
Court: Rajasthan
Decided on: Feb-02-2005
Reported in: IV(2005)ACC105; 2006ACJ1241; RLW2005(1)Raj512; 2005(2)WLC80
N.P. Gupta, J.1. All these appeals arise out of the same accident, and vide different orders, passed in different files, on different dates, they have been ordered to be listed together, and are being disposed of by the common order. For convenience, the facts relating to Civil Misc. Appeal No. 119/2004 are being taken into account.2. The appeal came up for admission before the Court on 14.7.2004, and in view of the judgment of Hon'ble the Supreme Court, in National Insurance Co. Ltd. v. Swaran Singh and Ors., AIR 2004 SC 1531, the appeal as against the claimant was not admitted, and for that learned counsel for the appellant had no objection. As such the appeal against the claimant was dismissed, however, the appeal against the owner was admitted, and while dismissing the stay application, it was directed, that the appellant should deposit the whole amount as awarded by the learned Tribunal, which may be paid to the claimants, as per the terms of the impugned award. It was further dir...
Tag this Judgment!Chhoti Devi (Smt.) Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Feb-02-2005
Reported in: RLW2005(2)Raj983; 2005(4)WLC230
Narendra Kumar Jain, J.1. These special appeals are directed against the judgment of the learned Single Judge, whereby writ petitions filed by the appellants were dismissed. These special appeals involve similar question of law, therefore, the same are decided by a common order.2. The facts of D.B.C. Special Appeal No. 739/1994 Smt. Chhoti Devi v. State of Rajasthan and Ors. are that the appellant is having National Trade Certificate (for short 'N.T.C.'} in cutting and tailoring course and after undergoing training during the period of August, 1984 to July, 1985, the appellant was awarded National Trade Certificate. The case Of the appellant is that the N.T.C. Course was treated as sufficient qualification for the appointment on the post of General Teacher. However, the appellant's application was not considered by the respondents for appointment on the post of Teacher Grade-III, therefore, she filed S. B. C. W. P. No. 4428/1989 before this Court. The writ petition of the appellant was...
Tag this Judgment!Commissioner of Wealth Tax Vs. Smt. Kusum Bader
Court: Rajasthan
Decided on: Feb-02-2005
Reported in: [2005]276ITR569(Raj); RLW2005(2)Raj1040; 2005(2)WLC135
Shiv Kumar Sharma, J.1. These applications under Section 27(3) of the Wealth Tax Act, 1957 (for short 'the Act') have been submitted by the Commissioner of Wealth Tax for direction to the Income Tax Appellate Tribunal to refer certain questions of law said to arise out of the Tribunal's order to this Court for its decision.2. The prime question relate to the applicability of Rule 2B(2) of the Wealth Tax Rules, 1957 (for short 'WT Rules'). The Tribunal has declined to refer the question under Section 27(3) of the Act. Hence, these applications under Section 27(3) of the Act.3. The Division Bench was of the view that since there were different decisions rendered by the Division Benches, they need to be examined by the Full Bench. The matters, therefore, were referred to the Full Bench.4. We have heard the submissions advanced at the Bar.5. In Juggi Lal Kamlapat Bankers and Anr. v. Wealth Tax Officer, (1984) 1 SCC 571, their Lordships of Supreme Court had occasion to consider Rule 2B(2) o...
Tag this Judgment!Govind Singh Vs. State of Rajasthan
Court: Rajasthan
Decided on: Feb-02-2005
Reported in: RLW2005(2)Raj1285; 2005(2)WLC322
Shiv Kumar Sharma, J.1. This appeal impugns the judgment dated January 25, 2003 rendered by learned Additional Sessions Judge No. 1 Deeg in Sessions Case No. 5/1999, whereby the appellant (herein after described as 'accused') was convicted and sentenced as under:-Under Section 302 IPC:To suffer Imprisonment for life and fine in the sum of Rs. 10,000/-, in default to further suffer Simple Imprisonment for one year.Under Section 324 IPC:To suffer simple imprisonment for six months and fine in the sum of Rs. 500/-, in default to further suffer simple imprisonment for one month.The substantive sentences were directed to run concurrently.2. As per the prosecution story on September 8, 1998 the informant Lokendra Nath submitted a written report at Police Station Deeg stating therein that about 9.00 AM on the said day when his brother Dhanesh Chand asked his tenant Govind (accused) to pay me due rent, Govind became annoyed and inflicted knife blows on the chest and abdomen of Dhanesh. Injury ...
Tag this Judgment!Chhotulal Vs. Manak Devi
Court: Rajasthan
Decided on: Feb-01-2005
Reported in: III(2005)BC440; 2006(1)CTLJ377(Raj); RLW2005(2)Raj808; 2005(2)WLC337
N.P. Gupta, J.1. Heard learned counsel for the appellant at length.2. By the impugned judgments and decrees, the two learned courts below have decreed the suit of the plaintiff for repayment of the principal sum of Rs. 40,000/-, alleged by the plaintiff to have advanced to the defendant by way of loan, and Rs. 8800/-by way of interest, along with pendente lite, and future interest.3. The suit is based on Rukka Ex. 1, which according to the plaintiff is signed by the appellant, and is on the letter head of the appellant. As found by the learned courts below, the plaintiff has led evidence about the actual advancement of cash loan, and execution of the document Ex. 1, while the defendant came forward with the story of his signatures having been appended on a blank letter head, and the courts below have found, that the defendant has failed to prove this story, nor has the defendant been able to effectively rebut the evidence led by the plaintiff about the execution of the document, and ad...
Tag this Judgment!Jai Clinic and Nursing Home Vs. Smt. Beena Agrawal and ors.
Court: Rajasthan
Decided on: Feb-01-2005
Reported in: RLW2005(3)Raj1585; 2005(2)WLC505
K.S. Rathore, J.1. This writ petition is directed against the order dated 1.11.2004 passed by the Trial Court on the application moved on behalf of the plaintiff respondents under Order 6 Rule 17 CPC read with Section 151 CPC by which the amendment has been allowed.2. The case of the petitioners is that since the plaintiff respondent No. 1 and 2 filed a civil suit for eviction of property under the provisions of Rajasthan Premises (Control of Rent and Eviction) Act 1950 stating therein that the petitioners are tenant in their premises and the premises was let-out to them in the year 1985 on the agreed rent of Rs. 6000/- p.m. and in the rent note there was the condition that after expiry of every two years the 10% of the rent will be increased. As per this clause at the time of filing of suit the agreed rent was Rs. 9663/- and in the year 1997 it was further enhanced at the rate of 10% the tune of Rs. 10,630/- pursuant to the agreement dated 11.6.85.3. The petitioners defendant have fil...
Tag this Judgment!Manni and ors. (Smt.) Vs. Rajani and ors.
Court: Rajasthan
Decided on: Feb-01-2005
Reported in: IV(2005)ACC262; RLW2005(3)Raj1624; 2005(3)WLC577
Gyan Sudha Misra, J.1. This appeal has been preferred by the claimants-appellants against rejection of their claim petition before the Motor Accident Claims Tribunal, Jaipur City, Jaipur and the only ground of rejection was a dispute which arose between the legally wedded wife of the deceased Smt. Manni Devi and Prem Devi who also claimed to be the wife of deceased Prakash Chand. Hence, the claim petition was rejected by the Tribunal only on the ground that two persons claiming to be the wives of he deceased cannot be allowed to contest for receiving the amount of compensation. It further rejected the claim petition on he ground that the other wife Smt. Prem Devi was not impleaded as a party t the claim petition.2. The approach of the Tribunal while dismissing the claim petition do not appear to be reasonable and justified on either of the two counts; as the Tribunal ought to have taken into consideration that the dispute for bifurcation of the amount of compensation between the legall...
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