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Rajasthan Court May 2005 Judgments

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May 04 2005

Ram Gopal Vs. Smt. Naraini Bai

Court: Rajasthan

Decided on: May-04-2005

Reported in: AIR2005Raj264; RLW2005(3)Raj1606

J.R. Goyal, J.1. This appeal is directed again the order dated 3.8.1995 passed by District Judge, Baran in Civil Misc. Case No. 5/1993 whereby the probate granted in favour of the appellant Ram Gopal in misc. petition No. 14/1992 on 30.10.1992 has been revoked.2. Brief facts of the case are that Smt. Naraini Bai respondent-appellant submitted an application before the District Judge, Baran for revocation of the probate granted in favour of the appellant Ram Gopal on 30.10.1992 with the averments that she being the daughter of late Sh. Dhuli lal become co-owner of the disputed house situated at Talapada, Baran along with her brother Bhanwar Lal on the death of their father in the year 1965 and thereafter she become the sole owner after the death of her brother Bhanwar Lal and his wife Onkari Bai respectively in the year 1988 and 1990, but suppressing all these material facts and deliberately without impleading her as a party in the probate petition, Ram Gopal fraudulently obtained the p...


May 04 2005

Ram Dutt Sharma Vs. Union of India (Uoi) and ors.

Court: Rajasthan

Decided on: May-04-2005

Reported in: AIR2005Raj317; RLW2005(3)Raj1626; 2005(3)WLC8

Shiv Kumar Sharma, J.1. This writ petition has been filed with a prayer to provide for suitable medical facilities at Railway Stations/Platforms and to ensure establishment of stalls/shops of life saving drugs/medicines at Railway Stations. During the pendency of writ petition following news item, published on February 30, 2004 in Daily News Papers, pertaining to one Netrapal Singh, Chief Legal Assistant of Railway (Construction), who sustained severe heart attack while travelling from Jaipur to Kota in 2956 Up Mumbai Super Fast Train, was brought to the notice of this court:-^^lQj ds nkSjku n;?kkr gksusls ,d jsy vf/kdkjh dh e`R;q gks x;hA dksp esa ekStwn ,d esfMdy Nk=k ml vf/kdkjhds thou dks cpkus esa tqVh jgh ysfdu jsyos us vf/kdkjh dh thou j{kk esa enn ughadhA rhu ?kaVs ds lQj esa jksxh rMQrk jgk vkSj LVs'ku xqtjrs jgs ij mls nok rdugha feyhAjsyos fuekZ.k ds eq[; fof/klgk;d us=iky flag vkSj muds nks lkFkh jsy deZpkjh lkseokj dks t;iqj ls dksVkykSV jgs FksA fuokbZ ds vkl ikl mUgsa cs...


May 04 2005

Bhorya and ors. Vs. State of Rajasthan

Court: Rajasthan

Decided on: May-04-2005

Reported in: RLW2005(3)Raj2147; 2005(3)WLC262

V.K. Bali, J.1. This appeal has been filed by Bhorya and his four sons namely Harkesh, Ghisya, Ramji Lal and Moti recorded against them, by the Additional Sessions Judge, Dausa. Whereas Ghisya has been found guilty under Section x IPC substantively and sentenced to undergo rigorous imprisonment for life, others named above have been held guilty for the offence Under Section 302 with the aid of Section 149 IPC and convicted likewise. They have been also ordered to pay a fine of Rs. 2,000/-, on in default of the same, to further undergo rigorous imprisonment for a period of there months. They have also been convicted under various other sections of the IPC, as detailed below.BhoryaUnder Section 148 IPC - 3 months' rigorous imprisonment.Under Section 452 IPC - 6 months rigorous imprisonment with a fine of Rs. 200/- and default in payment of fine to undergo 15 days simple imprisonment.Under Section 325/149 IPC - One year RI and a fine of Rs. 200/- and in default of payment of fine to furth...


May 04 2005

Ranjeet Singh Vs. State of Rajasthan

Court: Rajasthan

Decided on: May-04-2005

Reported in: RLW2005(4)Raj2267; 2005(3)WLC719

Harbans Lal, J.1. This appeal by appellant Ranjeet Singh is directed against the judgment and order dated 23.8.2001 passed by the learned Additional District and Sessions Judge (Fast Track) No. 1, Kota in Sessions Case No. 76/2001 whereby, the appellant has been convicted for offences Under Section 302 and 302/34 IPC and sentenced to Life Imprisonment with a fine of Rs. 5000/-; in default of payment of fine, to undergo simple imprisonment for three months.2. Succinctly stated, the relevant facts are that a tragic and unfortunate incident leading to the death of three persons namely; Lallu, Ramjani and Mst. Iisha took place at 11.00 p.m. on 9.4.1987 in Kachchi Basti Talwandi, Kota. The case of the prosecution as unfolded in the Parcha Bayan of deceased Mst. Iisha is that Mst. Hasina D/o Ramjani was enticed away by one Mst. Devi on the pretext of accompanying her to attend the call of nature some 15 days prior to the present incident. Mst. Hasina is alleged to have been handed over to Da...


May 04 2005

Sushila Nagar and ors. Vs. Ugam Singh and ors.

Court: Rajasthan

Decided on: May-04-2005

Reported in: 3(2005)ACC216; 2005WLC(Raj)UC549

J.R. Goyal, J.1. Instant appeal has been preferred by the appellant claimants for enhancement of the compensation against the award dated 15.9.1994 passed by the Motor Accident Claims Tribunal, Ajmer in MAC Case No. 43/1992.2. In short the facts of the case are that oh 24.8.1991 at 8.30 p.m. deceased Shankar Lal Nagar was travelling along with other persons in jeep bearing Registration No. RST 7354 from Beawar to Ajmer. Due to rash and negligent driving of the jeep by its driver Ugam Singh, it dashed against the stationary truck bearing registration No. RNW 7475, which was parked on the roadside near Kesarpura (Police Station Mangliawas), as a result thereof Shankar Lai and two others died on the spot. Learned Tribunal held that the accident took place due to rash and negligent driving by the jeep driver Ugam Singh, respondent No. 1, and awarded total compensation of Rs. 45,000/- including Rs. 25,000/- on the head of dependency. Aggrieved by this award, dependents of deceased Shankar L...


May 03 2005

Raju @ Rajesh Kumar Vs. State of Rajasthan

Court: Rajasthan

Decided on: May-03-2005

Reported in: RLW2005(3)Raj2123; 2005(3)WLC389

V.K. Bali, J.1. Raju @ Rajesh Kumar who was tried with his co-accused, Bunti @ Surendra Singh, Pappu @ Bhuria, Hafiz Ali and Habibbula, who have since been acquitted, has filed this appeal challenging the order of learned Addl. Sessions Judge No. 2 (Fast Track) Kota dated 17.8.2001, vide which he has been held guilty for offence under Section 302 IPC and sentenced to undergo imprisonment for life as also to pay a fine of Rs. 10000/-and in default of payment of fine, to further undergo Rigorous Imprisonment for six months.2. The appellant alongwith co-accused who, as mentioned above, have been acquitted, was tried for murder of Avinash. The occurrence leading to death of Avinash, as per the prosecution case, had taken place on 26.1.1989 in the afternoon. FIR with regard to the incident Ex.P6 was lodged by Shiv Pal Rai on the same date at 2:15 PM. It was recording by Jitendra Singh, PW1. The special report with regard to the incident reached the concerned Magistrate on 27.1.1989 at Kota....


May 02 2005

D.M. Singhvi Vs. Union of India (Uoi) and ors.

Court: Rajasthan

Decided on: May-02-2005

Reported in: AIR2005Raj280; RLW2005(2)Raj1488; 2005(3)WLC45

S.K. Sharma, J.1. The petitioner a former Chief Engineer and now an agriculturist, in the instant public interest petition, prays that the share of water of inhabitants of Rajasthan should be safeguarded by ensuring the compliance of the provisions of Punjab Re-organisation Act 1966 (in short '1966 Act') and the Bhakhra Beas Management Board be directed to take over the administration, maintenance and operation of the irrigation work and Head works as per Section 79 of the said Act from the State of Punjab.(2). Brief resume of the facts is that on the recommendations of the Irrigation Commission 1903 efforts for diversion of water from Sutlaj river in Punjab to the Arid area in Bikaner was made on January 29, 1955. An agreement was entered into between the partner States and the Minister of Works and Power Government of India whereby 15.85 MAF of surplus water of the Ravi and the Beas came to be allocated between the concerned States, in the year 1953 the Canal water and Power Commissi...


May 02 2005

Commissioner of Gift Tax Vs. Late H.H. Bhagwat Singh

Court: Rajasthan

Decided on: May-02-2005

Reported in: (2006)204CTR(Raj)544; [2008]304ITR41(Raj)

1. Heard learned Counsel for the parties.2. At the directions of the High Court following question of law has been referred along with statement of case by the Tribunal in respect of gift-tax relating to assessment year under the GT Act, 1958:Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the assessee was under a bona fide belief that amount in question was not chargeable to gift-tax and as such no penalty under Section 17(1)(c) is leviable?3. Briefly stated the facts are that the assessee-late H.H. Maharana Bhagwat Singh of Mewar (now represented through his son and his legal heir M.K. Arvind Singh) in response to notice under Section 16 of the GT Act had filed a return declaring value of taxable gifts at nil. In the assessment completed under Section 15(3) on 3rd March, 1979, the GTO held that the following amounts were chargeable to gift-tax.The assessee during the year under consideration sold his 1/4th share in the property k...


May 02 2005

Babu Lal Sharma Vs. State of Raj. and ors.

Court: Rajasthan

Decided on: May-02-2005

Reported in: RLW2005(4)Raj2399; 2005(4)WLC274

Gyan Sudha Misra, J.1. This appeal has been preferred by the appellant-Babu Lal against the judgment and order of a learned Single Judge passed in S.B.C.W.P. No. 4121/1994, dt. 22.2.1995 which had been disposed of with certain observations along-with a batch of several other writ petitions.2. The petitioner had initially filed a writ petition, bearing S.B.C.W. Petition No. 2705/1994 for granting him appointment on the post of Assistant Secretary in Gram Panchayat Phagi on the ground that on 29th November, 1991 an order was passed by the High Court in S.B.C.W.P. 1104/89 wherein it was observed that the petitioner and other similarly situated persons may be absorbed in various Gram Panchayats on the post of Assistant Secretary as and when the vacancies arose. The petitioner's grievance was that ignoring the aforesaid direction, an advertisement was issued for fresh recruitment of Assistant Secretary in various Gram Panchayats which prompted the petitioner-Babu Lal as also some other affe...


May 02 2005

Manju Menaria (Smt.) Vs. State of Raj. and ors.

Court: Rajasthan

Decided on: May-02-2005

Reported in: RLW2005(4)Raj2645; 2005(3)WLC42

N.N. Mathur, J.1. This special appeal is directed against the order of the learned Single dated 30th July, 2002, whereby, the appellant has been denied back-wages and continued in service irrespective of the fact that the order of termination is found to be illegal.2. The necessary facts giving rise to the instant special appeal are that the appellant has to her credit the degree of B.A. and B.Ed. In the year 1996, on her being selected, she was given appointment on the post of Primary School Teacher Grade III by order dated 21.12.1996. On being examined, she was declared medically fit by Incharge Medical Officer, Nimbahera, vide certificate dated 31.12.1996. As per the order of Vikas Adhikari, Panchayat Samiti, Nimbahera, she joined her duties at Primary School, Sangaria on 1.1.1997, Curiously the Vikas Adhikari, Panchayat Samiti, Nimbahera, at the relevant time, observed that the appellant was carrying pregnancy, as such, he issued a notice dated 12.2.1997 stating therein that as per...


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