Rajasthan Court November 2006 Judgments
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Smt. Harshila Chordia Vs. Income-tax Officer
Court: Rajasthan
Decided on: Nov-07-2006
Reported in: [2008]298ITR349(Raj)
1. This appeal at the instance of the assessee is directed against the order of the Income-tax Appellate Tribunal, Jodhpur Bench, Jodhpur, dated January 31, 2002, arising out of Income-tax Appeal No. 45/(Jdpr)/2000 for the assessment year 1993-94.2. The assessee was appointed as a sub-dealer of M/s. Ganesh Automobiles, Udaipur, for the sale of Bajaj scooters and mopeds in the region. The questions as have been framed at the time of admission of the appeal read as follows:(1) Whether the Tribunal was justified in holding that addition of Rs. 40,13,000 under Section 40A(3) of the Act was wrongly deleted by the learned Commissioner of Income-tax (Appeals) for the assessment year 1993-94 and the case was not covered by the exceptions to Section 40A(3) contained in Rule 6DD of the Income-tax Rules, 1962?(2) Whether the Tribunal was justified in holding that the addition of Rs. 6,98,000 on account of peak of cash credits was justified in the facts and circumstances of the case whereas the sa...
New India Assurance Co. Ltd. (the) Vs. Smt. Kanchan Devi and anr.
Court: Rajasthan
Decided on: Nov-06-2006
Reported in: 2007ACJ1727; AIR2007Raj52; RLW2007(1)Raj440
Prakash Tatia, J.1. The question for consideration of this Court has been raised by the appellant Insurance Company that whether the respondent claimant in an appeal preferred by the insurer, against the award of compensation under Section 173 of the Motor Vehicles Act, the claimant-respondent can submit the cross objection for enhancement of compensation.2. Brief facts of the case are that the accident occurred on 8.5.1992 causing death of one Ghisa Lal Teli. The claimants, legal heirs of deceased Ghisa Lal, submitted claim petition before the Motor Accident Claims Tribunal, Nimbhera seeking compensation of total Rs. 4,15,000/- from the driver and owner of the vehicle as well as from the appellant Insurance Company. The claim petition was allowed by the Motor Accident Claims Tribunal vide award dated 11.11.1998. Aggrieved against the said award, the Insurance Company preferred appeal. The appellant-Insurance Company's contention in the appeal was that the driver had no valid driving l...
Mohd. Idris Vs. State
Court: Rajasthan
Decided on: Nov-06-2006
Reported in: RLW2007(2)Raj913
Harbans Lal, J.1. This revision petition under Section 397 read with 401 of the Code of Criminal Procedure, 1973 (in short 'the Cr.P.C) calls in question the correctness, legality and propriety of the order dated 30.1.2006 vide which the learned District & Sessions Judge, Jaipur City, Jaipur has dismissed the Criminal Appeal No. 413/2005 and has up-held the order dated 10.12.2005 passed by the Juvenile Justice Board, Jaipur holding that the petitioner was more than 18 years of age on the date of occurrence.2. Briefly stated, the relevant facts giving rise to this petition and necessary for its disposal are that at about 9.30 a.m. On 10.8.2003, complainant Shabbir Ali came from outside. Idris and Jafar were present there duly armed with Guptinuma Katar. Idris inflicted injury to him and then to complainant's brother Tanna @ Hasan Ali. Jafar gave him a gupti blow on the chest. The injured was taken to the hospital in a Taxi. On this report, the FIR No. 130/2005 was registered at PS Subha...
Kedar NaraIn Sharma Vs. State
Court: Rajasthan
Decided on: Nov-06-2006
Reported in: RLW2007(2)Raj902
Harbans Lal, J.1. The instant petition under Section 482 Cr.P.C. seeks quashing of the criminal proceedings pending against the petitioner in the court of learned Additional Chief Judicial Magistrate (Communal Riots Cases), Jaipur City, Jaipur in Cr. Case No. 341/2003 for offences under Sections 408, 420, 467, 468 and 120-B IPC on the ground of inordinate delay in the completion of the trial.2. His learned Counsel contends that charge-sheet was filed against the petitioner and co-accused Ravikant Srivastrava as back as on 15.9.1993 in respect of an incident which took place on 15.1.1993. Co-accused Ravikant Srivastava has confessed his guilt in his statement in writing. There is no evidence against the petitioner and the case is pending for framing of the charges against the accused since 21.4.1994. Co-accused Ravikant Srivastava has jumped bail on 21.5.1994 and since then he has not been arrested. He has been declared as an absconder. The petitioner is attending court regularly and th...
Ramesh Alias Pappu Vs. Mst. Sharda
Court: Rajasthan
Decided on: Nov-06-2006
Reported in: RLW2007(2)Raj1105
Harbans Lal, J.1. This revision petition under Section 397 read with Section 401 Cr.P.C. is directed against the order dated 22.2.2005 passed by the learned Additional District & Sessions Judge No. 2, Bharatpur in criminal Revision No. 60/2003 whereby the revision petition has been allowed and the order dated 15.2.1997 passed by he learned A.C.J.M. No. 1, Bharatpur dismissing the application filed by non-petitioner Mst. Sharda Under Section 125 Cr.P.C. has been set-aside and Mst. Sharda has been awarded Rs. 1000/- per month and her child Rs. 500/- per month as maintenance from the date of filing of said application.2. Briefly stated, the relevant facts of the case are that Mst. Sharda filed an application under Section 125 Cr.P.C. before the Court of learned A.C.J.M. No. l, Bharatpur on 2.7.1994 with the averments that her marriage was solemnized with the petitioner some 15 years ago as per the Hindu rites, her elder sister was also married to Samanta, the elder brother of the petition...
Sukha Ram and anr. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Nov-03-2006
Reported in: 2007CriLJ644; RLW2007(1)Raj393
H.R. Panwar, J.1. This criminal miscellaneous petition under Section 482 of the Code of Criminal Procedure, 1973 (for short, 'the Code' hereinafter) is directed against the order dated 25.1.2006 passed by the Judicial Magistrate No. 7, Jodhpur (for short, 'the trial Court' hereinafter) whereby the trial Court took cognizance of the offences under Sections 302 and 365 IPC and summoned the petitioners by non-bailable warrant. Aggrieved by the order impugned, the petitioners have filed the instant criminal miscellaneous petition.2. I have heard learned Counsel for the parties. Carefully gone through the order impugned, as also the material placed on record including the police investigation papers.3. The facts and circumstances giving rise to the instant petition are that complainant Mangla Ram lodged an FIR with the Police Station, Dangiyawas, District Jodhpur, on 24.10.2004 alleging therein that on 23.10.2004, at about 11.00 p.m., both the petitioners came to his house, called his son D...
Laxman R. Pinjani Vs. Rsrtc and ors.
Court: Rajasthan
Decided on: Nov-03-2006
Reported in: RLW2007(1)Raj507
Mohammad Rafiq, J.1. The petitioner has challenged the order dated 18th Nov., 2003 by which the respondents have denied to pay him any other emoluments except subsistence allowance already received by him.2. The petitioner was initially appointed on the post of LDC in Public Works Department (B & R), Division-I, Ajmer on 8.9.1962. The petitioner was thereafter absorbed in the RSRTC in the year 1964. He was then promoted on the post Junior Accountant. A criminal case against the petitioner on 25.4.1979 under the provisions of Prevention of Corruption Act was registered while he was working at Sri Ganganagar Depot. He therefore was placed under suspension and a charge-sheet was also issued to him. Subsequently however the charge-sheet was withdrawn by the respondent-corporation. The Anti Corruption Bureau, Bikaner filed challan against him in the trial Court. The petitioner thereafter faced trial. After completion of trial, the trial Court convicted the petitioner for the charges levelle...
TajuddIn (Deceased) Through Lr. Vs. FaqruddIn (Deceased) Through Lr.
Court: Rajasthan
Decided on: Nov-03-2006
Reported in: RLW2007(1)Raj449
Narendra Kumar Jain, J.1. The plaintiff has filed this regular first appeal under Section 96 of the Code of Civil Procedure, 1908 against the judgment and decree dated 31st of January, 1981 passed by the Additional District Judge, No. 1 Jaipur City, in Civil Suit No. 67/1977, whereby the suit of the plaintiff for declaration permanent injunction and possession was dismissed.2. Brief facts giving rise to this appeal are that on 13th of December, 1976 the plaintiff filed a suit in the lower Court wherein it was prayed that a decree of declaration in favour of the plaintiff be passed declaring him Sajjadanashin and Mutwali of Dargah Hazrat Ziauddin Sahib situated near Moti Katla, outside Chaardarwaja in Jaipur City. A prayer for decree of possession was also made in respect of the properties which are in occupation of the defendants. It was also prayed that the defendants be restrained by a decree of permanent injunction not to interfere in the property of Dargah erected on Khasra Nos. 49...
Dwarkadass Vs. Narayan Dass
Court: Rajasthan
Decided on: Nov-03-2006
Reported in: RLW2007(1)Raj446
N.P. Gupta, J.1. Heard learned Counsel for the parties.2. By the impugned decree, the learned lower Appellate Court has decreed the plaintiff's suit for eviction on the ground of subletting, finding that the tenant defendant No. 1 Dwarka Das has sublet the premises (shop) to Khataurnal. Regarding partnership it has been found, that the shop was sublet to Khataumal, as it is not shown that thereafter it reverted back to the original tenant, and thereafter partnership was entered into. Be that as it may. The appeal was filed challenging this finding, and contending, that in the circumstances of the case, it cannot be said that there has been any subletting.3. The decree was passed by the learned lower Appellate Court on 13.8.1999, and the present appeal was filed on 6.10.1999, therein the respondent appeared as caveator on 8.10.1999, on which date it was adjourned with the undertaking of the respondent that he will not execute the decree, and since then the matter is being adjourned.4. D...
State of Rajasthan and anr. Vs. Smt. Geeta Bai and anr.
Court: Rajasthan
Decided on: Nov-03-2006
Reported in: RLW2007(2)Raj1421
Mohammad Rafiq, J.1. These writ petitions have been filed by the State Government against different awards passed by the learned labour court, but the issues raised therein are substantially same not only on law but on facts as well therefore they were taken up for hearing together and are now being decided by this common judgment.2. In S.B. Civil Writ Petition No. 616/2002, a reference was made to the labour court by the appropriate Government on 3. 6. 1997 for adjudication on the question whether the removal of the respondent workman by the management Principal, Medical Officer, General Hospital, Prarapgarh was legal and justified and if not, what relief and amount the workman is entitled to. The case of the workman before the learned labour court was that she was appointed on the post of ward boy on 28.5.1992 and worked with the management up to 31.12.1995 on which date she was removed by verbal order. Even though she has completed more than 240 days in their service, the management...
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