Rajasthan Court January 2006 Judgments
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Kishan Singh and ors. Vs. State of Raj. and ors.
Court: Rajasthan
Decided on: Jan-25-2006
Reported in: RLW2006(3)Raj1853; 2006(2)WLC390
Ashok Parihar, J.1. A chargesheet has been issued to the petitioner (since deceased), the concerned employee, under Rule 16 of the CCA Rules vide memorandum dated 13.3.1987. Disciplinary authority exonerated the concerned employee vide order dated 18.7.1988. However, the appellate authority issued a show cause notice to the concerned employee under Rule 32 of the CCA Rules for imposing appropriate penalty. After receiving reply to the show cause notice, the appellate authority imposed penalty of removal vide order dated 20.3.1989. Further revision to the State Government against the above order has also been dismissed vide order dated 25.8.1992. Hence, the present writ petition.2. Learned Counsel for the petitioner submitted that since no penalty has been imposed by the disciplinary authority, the provisions of Rule 32 could not have been invoked by the appellate authority. The point of limitation has also been raised on behalf of the petitioner.3. After hearing learned Counsel for the...
Phoola Ram Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jan-25-2006
Reported in: RLW2006(3)Raj1839; 2006(2)WLC456
Dalip Singh, J.1. This appeal has been filed by the accused appellant who has been convicted for the offence under Section 302 IPC for murder of Smt. Bhanwari Devi and also for the murder of Banwari Lal to imprisonment for life and a fine of Rs. 1,000/- and; in default of payment of fine to further undergo six months rigorous imprisonment. He has also been convicted for the offence under Section 324* IPC in respect of the injury caused to Nawal Kishore for one year's rigorous imprisonment and a fine of Rs. 200/- and in default of payment of fine to further undergo three months rigorous imprisonment. Both the sentences were ordered to run concurrently.2. The brief facts giving rise to this appeal are that an FIR (Exhibit P-7) was lodged at Police Station Sadar at Jhunjhunu by one Balu Ram PW-5 stating therein that he along with his son Pradeep Kumar PW-6 were standing in front of their house at 11:00 in the morning when Phoola Ram, the accused appellant who is elder brother of Gopal who...
Sukhdev Singh Vs. Baxis Singh and anr.
Court: Rajasthan
Decided on: Jan-24-2006
Reported in: RLW2006(2)Raj1036
Satya Prakash Pathak, J.1. The first appeal under Section 96 CPC has been filed against the judgment and decree dated 27.8.2003 passed by learned Addl. District Judge No. 1, Hanumangarh, in Civil Suit No. 114/2002 (22/1999) (47/1998)-Baxis Singh v. Mst. Gurdev Kaur and Anr. whereby the suit against defendant No. 1 was decreed with cost and it was ordered that the Defendant No. 1 shall get the sale-deed in respect of the disputed land written and executed at the expenses of the plaintiff and shall get it registered before the competent officer within a period of two months from the date of the order. It was further ordered that on Defendant No. 1's failing to do so within the specified period the plaintiff shall have the right to get the sale-deed written and executed and getting it registered in his favour through the Court.2. The facts of the case inter alia stated in the suit filed by Plaintiff-Respondent No. 1 Baxis Singh in the year 1998 against Mst. Gurdev Kaur for specific perfor...
Prahlad Kumar Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jan-24-2006
Reported in: RLW2006(3)Raj1835
Shiv Kumar Sharma, J.1. The appellant was placed on trial in Sessions Case No. 37/2001, before learned Additional Sessions Judge (Fast Track) Gangapur City, District Sawai Madhopur, who convicted and sentenced him under Section 302 IPC to suffer imprisonment for life and fine of Rs. 2000/-, in default to further suffer six months simple imprisonment.2. The prosecution case is as under:On September 16, 1999 at 2.30 AM informant Kamal Singh (Pw.4) submitted a written report (Ex. P-7) at Police Station Gangapur City stating therein that in the intervening night of September 15 and 16, 1999 while he was sleeping on the roof of his house along with his cousin Bhoor Singh (now deceased), Prahlad (appellant) came armed with axe to the roof around 1 AM and started inflicting blows with axe on the neck and hands of Bhoor Singh. When the informant raised alarm the appellant fled away. Bhoor Singh died on the spot and his dead body was lying on the roof. On that report a case under Section 302 IP...
Commissioner of Income-tax Vs. Sharda Gum and Chemicals
Court: Rajasthan
Decided on: Jan-24-2006
Reported in: (2007)209CTR(Raj)143; [2007]288ITR116(Raj)
1. This appeal is directed against the order of the Income-tax Appellate Tribunal, Jodhpur Bench, Jodhpur, dated December 17, 1999, in two cross-appeals arising out of assessment proceedings for the assessment year 1989-90. The substantial question of law framed at the time of admitting the appeal reads as under:Whether, on the facts and circumstances of the case, the Tribunal has correctly construed the provisions of Section 80HHC, in the matter of computing profits and gains of their business, in the context of the said provision for granting deduction2. One of the assessee's business in which the assessee is engaged in the business of export out of India of goods and merchandise to which Section 80HHC applies.3. In the first instance, on October 31, 1989, the assessee had submitted a return of income declaring loss computed in accordance with the provisions of the Act at Rs. 62,63,970. The assessee filed a revised return for treating the cash compensatory support received during the...
Swaika Properties Pvt. Ltd. and anr. Vs. State of Raj. and ors.
Court: Rajasthan
Decided on: Jan-23-2006
Reported in: RLW2006(2)Raj1112; 2006(2)WLC488
Vineet Kothari, J.1. By this writ petition, petitioner No. 1, Sawaika Property Private Limited, a private limited company registered under the Companies Act, 1956 in Calcutta and petitioner No. 2, Chairman of the Company, has challenged the land acquisition proceedings under the Rajasthan Urban Imprisonment Act, 1959 in respect of its land measuring 37038.5 sq. mtrs equivalent to 14 Bigas and 16 Bishwas situated at village Madrampura, Tehsil Jaipur which is now as a matter of fact in the heart of capital city of Rajasthan and its area is adjoining the Civil Lines just behind Ministers' Bungalows.2. The case set up by the petitioner company is that the proceedings for acquisition of land in question was initiated by a notice under Section 52(2) of the Rajasthan Urban Improvement Act, 1959 (hereinafter referred as 'the Act of 1959') vide Annex. 1 dated 25.6.1975. By the said notice under Section 52(2) of the Act, the preamble of which read as 'because the under noted land is desired to b...
Nirwan Charitable Trust Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Jan-23-2006
Reported in: AIR2007Raj60; RLW2006(2)Raj1527; 2006(3)WLC149
S.N. Jha, C.J.1. The dispute in these appeals arising from the common order of the learned Single Judge in five writ petitions relates to trainee/student intake capacity in the nursing schools.2. The appellants are nursing institutions or trust/society running nursing institutions imparting training in the General Nursing and Midwifery (GNM) course. The case of the appellants is more or less the same. Shortly stated, the institutions which are subject matter of D.B. Civil Special Appeal Nos. 599, 618 and 621 of 2005 were established in the year 1999 after obtaining necessary permission and approval of the State Government and the Rajasthan Nursing Council (hereinafter referred to as 'the State Council') for imparting three years' GNM training course with intake capacity of 100 students-50 in the case of appellant in D.B. Civil Special Appeal No. 621/2005 which was increased to 100 in the next year i.e., 2000. The institution which is subject matter of D.B. Civil Special Appeal No. 622/...
Ramchandra Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jan-23-2006
Reported in: RLW2006(3)Raj1828
Shiv Kumar Sharma, J.1. Ramchandra, the appellant herein, was charged for having committed murder of Ram Karan before learned Additional Sessions Judge, Sambharlake District Jaipur, who convicted and sentenced the appellant under Section 302 IPC to suffer life imprisonment and fine of Rs. 5000/-, in default to further suffer three months rigorous imprisonment.2. It is the prosecution case that on May 09, 1999, at 10 AM Ganga Ram, (PW-8) father of Ram Karan (deceased) submitted a written report (Ex. P-21) Bihari Lal, Sub Inspector (Pw.27) at Camp Khatiyon ki Dhani Mehand was, with the averments that his son was employed by Mangal ji Contractor on his Truck No. RRM 2137 for unloading Bajri (sand). Ramchandra (appellant) was the driver on the said truck. In the morning Ramdev, father in law of Ram Karan, informed him that Ram Karan was lying dead near the truck. On reaching the spot he found that somebody had killed Ram Karan and put the dead body near the truck. Informant Ganga Ram furth...
Kallash Chandra Harijan Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Jan-23-2006
Reported in: RLW2006(2)Raj1700
S.N. Jha, C.J. 1. The dispute in this group of writ petitions being the same they were heard together and are disposed of by this common order.2. It may be stated at the out set that the petitions were allowed earlier on 25.11.2004 vide judgment reported in 2005(1) RLR 474. On application of the State, however, vide order dated 1.6.2005 the judgment was recalled in D.B. Civil Review Petition No. 449/2005 (def) and analogous, and the petitions were restored for hearing on merits. That is how the petitions came up for hearing.3. D.B. Civil Writ Petition No. 5504/2004 was argued as the representative case and facts of the case, therefore, have been noticed from the record of that case.4. The dispute relates to appointment of B.Ed. Teachers on the post of Teacher Grade HI in upper primary schools in the State of Rajasthan.5. Before stating the case of the petitioners it would be appropriate to briefly notice the scheme of recruitment of teachers in primary schools in the State of Rajasthan...
Sarjeet Singh Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jan-23-2006
Reported in: RLW2006(3)Raj1832; 2006(2)WLC754
Shiv Kumar Sharma, J.1. Instant appeal has been filed by accused appellant Sarjeet Singh against the judgment dated 17.12.2003 passed by the learned Addl. Sessions Judge (Fast Track) No. 1, Alwar whereby the appellant was convicted and sentenced as:Under Section. 302 IPCTo suffer imprisonment for life and fine of Rs. 5,000/-, in default to further suffer one years rigorous imprisonment.Under Section 364 IPCTo suffer ten years rigorous imprisonment and fine of Rs. 1,000/-, in default to further suffer six months rigorous imprisonment.Under Section. 394. IPCTo suffer ten years rigorous imprisonment and fine of Rs. 2,000/-, in default to further suffer six months rigorous imprisonment.Under Section. 201 IPCTo suffer seven years rigorous imprisonment and fine of Rs. 2,000/-, in default to further suffer six months rigorous imprisonment.2. Mr. Satyapal Poshwal was appointed as amicus curiae for appellant and arguments were heard.3. The brief facts which are relevant and essential for the di...
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