Rajasthan Court January 2006 Judgments
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Ramesh Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jan-04-2006
Reported in: RLW2006(2)Raj1195
Shiv Kumar Sharma, J.1. The appellant was indicated before the learned Sessions Judge Jaipur District in Sessions Case No. 76/1999 for having committed murder of his daughter. Learned Judge vide Judgment dated June 17, 2000 convicted and sentenced him as under :-Under Section 302 IPC :To suffer life imprisonment and fine of Rs. 10,000/-, in default to further suffer one year rigorous imprisonment.Under Section 201 IPC :To suffer rigorous imprisonment for two years and fine of Rs. 1000/-, in default to further suffer three months rigorous imprisonment.Substantive sentences were directed to run concurrently.2. It is the prosecution case that Prithviraj Singh (Pw. 1) on April 28,1999 at 10.55 PM telephoncially informed Bhagwan Singh SHO Police Station Kalwar (Pw. 7) about the death of his servant's daughter Sheela. Bhagwan Singh rushed to the spot and found the dead body of Sheela lying in front of the quarter of her father Ramesh (appellant). Prithvi Raj Singh and appellant both were pre...
Modern Threads (India) Ltd. Vs. Union of India (Uoi) and ors.
Court: Rajasthan
Decided on: Jan-04-2006
Reported in: RLW2006(2)Raj1237
Govind Mathur, J.1. The petitioner purchased two consignments of old unripped completely premutilated and fumigated original C.A.W. Woollen hosiery rage from M/s. Auckland Rag Co. Ltd., Kagans, Newzealand and one consignment of same goods from M/s. Compagnie Verdier-Dufor, Paris, France. The goods aforesaid were dispatched from respective foreign ports before 29.2.1992 and the payment too was made to foreign suppliers by State Bank of Bikaner and Jaipur through its foreign counter parts on or before 29.2.1992 in accordance with the procedure applicable.2. The facts as averred in petition for writ, the petitioner, a company registered under Indian Companies Act purchased the consignment of woollen hosiery rags during currency of export and import policy of Government of India (hereinafter referred to as 'Exim policy'), which remained in force from 1.4.1990 to 31.3.1993, according to which the 'official rate' of foreign exchange conversion (hereinafter referred to as 'forex conversion') ...
Rekha (Smt.) Vs. Dr. Mohan Lal
Court: Rajasthan
Decided on: Jan-04-2006
Reported in: RLW2006(2)Raj1525
Cyan Sudha Misra, J.1. This is an application for grant of maintenance to the appellant Smt. Rekha, wife of the respondent Dr. Mohan Lal, as also to her minor son aged four-and-a half years, who is a school going child. It has been stated that the appellant has been receiving only Rs. one thousand towards maintenance under Section 125 of the Cr.P.C., which is a very meagre amount and is not sufficient to maintain herself and her child and, therefore, she has filed this application claiming maintenance under Section 24 of the Hindu Marriage Act, 1955 (for short 'the Act').2. The counsel for the respondent husband has vehemently opposed this application. At one stage the respondent himself also addressed the court opposing the application and it was submitted that the appellant wife Smt. Rekha is a self sufficient lady who is employed in the ICICI Bank at Jaipur, which is working as a franchise of the Bank. It has been stated that she is employed in a high salaried job and is also drawin...
Commissioner of Income Tax Vs. Smt. Sohan Devi Sodani
Court: Rajasthan
Decided on: Jan-04-2006
Reported in: (2006)205CTR(Raj)466; [2008]303ITR342(Raj)
Rajesh Balia, J.1. Heard learned Counsel for the appellant.2. This appeal is directed against the order of Tribunal, Jodhpur Bench, Jodhpur, dt. 7th Feb., 2005 and relates to asst. yr. 1996-97. The facts which have led to filing of this appeal are that the respondent-assessee had constructed a house at Abu Road. The construction of house was spread over from the financial years 1992-93 to 1998-99 progressively. The assessee has shown investment made by him in construction of house in the books of account for each year. The total construction cost according to the books of account of the assessee came to be Rs. 16,21,484. For the first time, during the asst. yr. 1997-98, the ITO referred the question about valuation of property under construction to the DVO because assessee has not produced the valuation report from an approved valuer about the house under construction. On the basis of report of DVO, proceedings for reassessment were initiated for the asst. yrs. 1993-94, 1994-95 and 199...
Bhonri Devi Vs. Presiding Officer
Court: Rajasthan
Decided on: Jan-04-2006
Reported in: III(2006)ACC330
ORDERPrem Shanker Asopa, J.1. By the instant petition the petitioner has challenged the order dated 17.5.2005, passed by Motor Accident Claims Tribunal (Additional District Judge) (Fast-Track No. 6), Jaipur City, Jaipur, whereby the application filed by the petitioner for premature release of the F.D.R. No. 983143 amounting to Rs. 1,85,000 for payment of purchase of agricultural land has been rejected.2. Briefly stated the facts of the case are that in Claim Application filed by the petitioner and her son Lai Chand, an Award of Rs. 6,54,268 was passed, out of which three different F.D.Rs. were made and one of the F.D.R. was of a sum of Rs. 1,85,000 in the name of the petitioner. With a view to earn some livelihood, the petitioner entered into an agreement for purchase of agricultural land and a copy of the said agreement was filed with the application along with an affidavit.3. The said application was rejected vide impugned order on the ground that the amount claimed in the applicatio...
Pushpa Agrawal and ors. Vs. Shankoor Mohd. and ors.
Court: Rajasthan
Decided on: Jan-04-2006
Reported in: I(2006)ACC574
Narendra Kumar Jain, J.1. Heard learned Counsel for the parties.2. The claimant appellants have filed this appeal for enhancement of the amount of compensation against the judgment/award dated 5.3.1997 passed by the Motor Accident Claims Tribunal, Jaipur District, Jaipur in Motor Accident Claim Case No. 1068/1992, whereby the learned Tribunal awarded total compensation of Rs. 1,83,000 in respect of death of Rajendra, who died in motor accident, which took place on 18.9.1991.3. Learned Counsel for the claimant appellants contended that the Tribunal has recorded a finding about the age of the deceased as 26-27 years and as per Second Schedule appended with the Motor Vehicles Act, 1988, the multiplier of 18 ought to have been applied, whereas the Tribunal has applied only multiplier of 14, therefore, the amount of compensation to that extent be enhanced. He further contended that the amount of compensation on account of love and affection has not been awarded to other claimants, except wi...
Jayanti Lal and anr. Vs. Commissioner, Devasthan Department and ors.
Court: Rajasthan
Decided on: Jan-03-2006
Reported in: RLW2006(1)Raj422
Dinesh Maheshwari, J. 1. The petitioners, Jayanti Lal and Hansmukh lal, have submitted this writ petition against the order dated 23.5.2001 (Annex.6) passed by the Commissioner, Devasthan Department, Rajasthan, Udaipur particularly questioning the interpretation put by the learned commissioner on the provisions of Sections 38 and 39 of the Rajasthan Public Trusts act, 1959 ('the Act' hereinafter).2. A brief reference to the background facts would suffice. According to the petitioners, there exists an ancient Teerth of Shri Andeshwar Parshvanath at Kushalgarh about 50 kilometers from Banswara. The idol dates back to 12th or 13th Century and the temple exists at the said place of almost a century. A Public Trust in the name of 'Shri Atishay Kshetra Shri Andeshwarji Bees Panthi Jain Mandir, Kushalgarh' was got registered under the provisions of the act on 20.7.1966; and at the time of registration, 11 Trustees were named as the initial Trustees with Shri Seth Nathmal as the working truste...
Kailash and ors. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jan-03-2006
Reported in: RLW2006(2)Raj1217; 2006(2)WLC538
Sharma, J.1. This case reveals indecent behaviour of the members of General Caste who did not like Marriage procession on mare of the bride grooms belonging to Scheduled Caste. The marriage procession was therefore deadly opposed and the police had to intervene. This incident resulted in death of Rajpal Singh. The appellants, six in number, along with co-accused Dayal Chand, Khanga Ram, Prakash, Leela Ram and Krishna were indicated for the murder of Rajpal Singh before the learned Additional Sessions Judge Behror District Alwar in Sessions Case No. 33/1999. Learned Judge vide Judgment dated April 30, 2002 convicted and sentenced the appellants as under:--Kailash:Under Section 302 IPC:To suffer life imprisonment and fine of Rs. 1000/-, in default to further suffer one year simple imprisonment. Under Section 148 IPC:To suffer rigorous imprisonment for two years and fine of Rs. 100/-, n default to further suffer fifteen days simple imprisonment. Under Section 325/149 IPC :To suffer rigoro...
Ram Bharos and ors. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jan-03-2006
Reported in: RLW2006(2)Raj1223; 2006(2)WLC209
S.K. Sharma, J.1. The appellants, seven in number, were placed on trial before the learned Additional Sessions Judge No. 1 (Fast Track) Kota in Sessions Case No. 65/2001. Learned Judge vide Judgment dated October 3, 2001 convicted and sentenced the appellants as under:--Ram Bharos, Sher Singh Chaturbhuj, Ram Prasad, Mangi Lal, Ram Laxman and Sanjay @ Sanju:Under Section 302/149 IPC :Each to suffer life imprisonment and fine of Rs. 5,000/-, in default to further suffer three months simple imprisonment.Under Section 148 IPC:Each to suffer rigorous imprisonment for one year.Substantive sentences were directed to run concurrently.2. The prosecution case as unfolded during trial is as under:--On March 28, 1997 at 9.45 AM informant Ganesh (Pw. 10) submitted a written report (Ex.P-21) at MBS Hospital Kota to Rafiq Ahmed, ASI Police Station Kaithoon (Pw. 9) stating therein that around 7.30 AM on the said day while he was taking bath at the bank of the river, his younger brother Hanuman (now de...
Murlidhar Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jan-03-2006
Reported in: RLW2006(2)Raj1234; 2006(2)WLC138
S.K. Sharma, J.1. Instant appeal filed by the accused appellant Murlidhar is against the judgment dated 3rd July, 2001 passed by Addl. Sessions Judge, No. 2, (Fast Track), Kota whereby he convicted the appellant for the offence punishable under Section 302 IPC and sentenced him to undergo life imprisonment and a fine of Rs. 100/- and in default of payment of fine to further undergo three months RI.2. The brief facts which are relevant and essential for the disposal of this appeal are as under:3. PW 1 Gajanand lodged a written report Ex.P-1 before SHO PS Sangod District Kota wherein he has written that in the last night he was sleeping at his home, in the night at about 2 PM Murlidhar and Daulatram came and Murlidhar asked him to accompany with him to his home. Murlidhar told him that he slept his wife Santosh and after that she went to urination and she fell down and some stones fell upon her and she died. Thereafter Gajanand and Daulatram and Murlidhar went to the house of Murlidhar w...
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