Rajasthan Court March 2006 Judgments
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Ashish Tea Company and anr. Vs. Miraj Products Pvt. Ltd. and anr.
Court: Rajasthan
Decided on: Mar-09-2006
Reported in: 2007(34)PTC246(Raj)
Satya Prakash Pathak, J.1. This is a defendant's appeal against the Judgment & decree dated 13.09.2005 passed by Addl. District & Sessions Judge (Fast Track), Rajsamand in Civil Original Suit No. 100/2004 (Miraj Products Pvt. Ltd. v. Ashish Tea Company and Ors.) allowing the suit filed by respondent-plaintiff for declaration and permanent injunction.2. The facts leading to this case are that respondent-plaintiff filed a suit for permanent injunction, infringement of copyright, passing off trademark & goodwill and rendition of accounts in the trial Court with the averments that it is a limited company registered under the previsions of the Companies Act, 1956 having its registered office at Uper Ki Oden, Nathdwara, District Rajsamand (Rajasthan) and is entitled to the exclusive use ox trademark 'Miraj' for the goods manufactured by it and, therefore, the defendants be restrained from using the said trademark.3. The case set up by the plaintiff in the plaint was to the effect that plaint...
Rajesh Sharma Vs. Dhan Singh and ors.
Court: Rajasthan
Decided on: Mar-09-2006
Reported in: I(2007)ACC471
Vineet Kothari, J.1. This appeal is directed against the award dated 27.5.1995 passed by the learned Motor Accident Claims Tribunal, Karauli (hereinafter referred to as 'The Tribunal') in MACT Case No. 19/1992.2. According to the learned Counsel for the appellant claimant on 14.12.1990 at about 12.00 a.m. one Rajesh Sharma along with his Munim Sahdeo Meena were going on a motorcycle from village Gerai and near village Gangarda they met with an accident with a jeep bearing registration No. RSB 7451 which was registered with the respondent No. 3 the United India Insurance Co. Ltd., Jaipur which was being driven by respondent No. 2 Dharam Singh which collided with the said motorcycle from front side due to rash and negligent driving of the jeep and as a result of which the claimant suffered serious injuries. For the said incident, the claimant lodged the First Information Report No. 154/1990 at Police Station Sapotara in which challan was also filed against the respondent No. 2.3. The Tri...
Commissioner of Income-tax Vs. Emerald Construction P. Ltd.
Court: Rajasthan
Decided on: Mar-09-2006
Reported in: (2007)212CTR(Raj)20; [2007]291ITR59(Raj)
1. Having heard learned Counsel for the appellant, we are of the opinion that no question of law arises against the order of the Income-tax Appellate Tribunal dated January 12, 2005. The Assessing Officer has made additions in the income from undisclosed sources by taking the consideration for transfer of shops made by the assessee at 8 per cent. higher than what was stated in the transfer deed, he by opining that status of transferred shop as semi-finished was only for the purpose of paying less stamp duty, but actual transfer was of finished shop. This addition has been made on the supposed enquiry made from some shopkeeper in the market, about which the assessee was never informed and he had no chance to lead evidence to controvert and explain the case to the Assessing Officer. No inquiry was conducted and no material was brought to show that the actual consideration received by the assessee for shops in question, was more than what was stated. Yet, the additions made by the Assessi...
Bhawani Singh Vs. State
Court: Rajasthan
Decided on: Mar-08-2006
Reported in: RLW2006(2)Raj1670; 2006(2)WLC752
Harbans Lal, J.1. The instant criminal revision petition under Section 397 r/w Section 401 of the Code of Criminal Procedure, 1973 seeks quashing of the order dated 27.5.2005 passed by the learned Addl. Sessions Judge, Khetri Distt. Jhunjhunu in Sessions Case No. 31/2002 whereby the application moved by the petitioner for transferring the case of accused Kapinder Singh to the Juvenile Justice Board for trial has been dismissed.2. Briefly stated, the relevant facts necessary for the disposal of this revision petition are that a criminal case came to be registered on the basis of first information report lodged by Bhawani Singh. After investigation charge-sheet was filed and the case was committed to the Court of Sessions for trial. The Trial Court inquired into the age of Kapinder Singh and recorded a finding that his age was 17 years 10 months and 12 days on the date of occurrence. The Juvenile Justice (Care & Protection of Children) Act, 2000 (here-in-after in short 'the Act of 2000')...
Nisar Vs. State of Rajasthan Through Public Prosecutor
Court: Rajasthan
Decided on: Mar-08-2006
Reported in: RLW2006(3)Raj1815; 2006(3)WLC562
Narendra Kumar Jain, J.1. By this Criminal Jail Appeal accused appellant Nisar son of Shri Ajmeri has challenged the judgment and order dated 6.6.2002 of the Additional District & Sessions Judge (Fast Track) No. 2, Dholpur, in Sessions Case No. 91/2001, whereby he has been convicted under Section 376 IPC and sentenced to seven years imprisonment and fine of Rs. 2000/-; in default of payment of fine, to further undergo two months' simple imprisonment.2. PW-2 Ram Dayal, the father-in-law of prosecutrix Smt. Gayatri (PW-4), lodged a First Information Report on 11.9.2000 at Police Station Bari, District Dholpur, about committing sexual intercourse by the accused appellant with Smt. Gayatri. On this FIR, the police registered a case under Section 376 and 420 IPC and started investigation. On completion of the investigation the police filed a charge-sheet against the accused appellant under Section 376 and 420 IPC in the court of Additional Chief Judicial Magistrate, Bardi, who committed the...
Suraj Mal @ Surjya Vs. State of Rajasthan Through Public Prosecutor
Court: Rajasthan
Decided on: Mar-08-2006
Reported in: RLW2006(3)Raj1806; 2006(2)WLC692
Narendra Kumar Jain, J.1. This appeal, on behalf of the accused Suraj Mai @ Surjya S/o Shri Phool Chand, is directed against the judgment and order dated 19.7.2001 passed by the Special Judge, N.D.P.S. Cases, Jhalawar, in Sessions Case No. 29/2000, whereby he convicted the accused-appellant for the offence under Sections 8/21 of the Narcotics Drugs & Psychotropic Substances Act, 1985 (for short, 'the Act') and sentenced him to 10 years rigorous imprisonment and a fine of Rs. 1,00,000/-; in default of payment of fine, to further undergo one year's additional rigorous imprisonment.2. Briefly stated the facts relevant for disposal of this appeal are that PW-8 Pradeep Kumar, S.H.O., Police Station, Bhawanimandi, received a secret information on 11th August 2000 at about 11.00 P.M. on telephone from one informer that there is a house of Surajmal Meena at Mandvi Road, Tagar Mohallah, Bhawanimandi and he has smack in his possession and he will go to Kota in night by 'Janta Express' to dispose...
Ramesh Minglani and ors. Vs. the Special Judge, Ndps Cases and ors.
Court: Rajasthan
Decided on: Mar-08-2006
Reported in: AIR2006Raj163
ORDERDinesh Maheshwari, J.1. Having heard learned Counsel for the petitioners and having perused the material placed on record, this Court is satisfied that the learned trial Court has not committed any illegality or irregularity in passing the impugned order dated 21-1-2006 (Annexure-6) and in rejecting the prayer for stay of the suit proceedings under Section 10 of the Code of Civil Procedure ('CPC'); and this writ petition being totally devoid of substance deserves to be rejected.2. Brief facts relevant for the present purpose are that the petitioners are defendants in a suit for declaration and perpetual injunction filed by the respondent No. 2. A comprehension of the plaint averments (Annex. 1) makes it evident that the dispute relates to a piece of land situated at 7E Chhoti, Tehsil Sriganganagar in Murraba No. 14, Khatedar of the said land, Rawata Ram son of Mana Ram, sold 2 bighas of land through his power of attorney Rahul Chhabra on 17-11-1998 to Mahendra Singh and Hansraj; a...
Kamla and ors. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Mar-08-2006
Reported in: RLW2007(1)Raj691
Harbans Lal, J.1. This criminal misc. petition under Section 482 Cr.P.C. has been filed jointly on behalf of accused petitioners No. 1 to 4 and complainant petitioner No. 5 and seek quashing of FIR No. 101/2005 PS Manila Thana, Alwar as well as the proceedings pending pursuant thereto in the trial Court on the basis of compromise arrived between the parties.2. Complainant-petitioner No. 5 Sm't. Sudha Rani lodged an FIR at Police Station Manila Thana, Alwar for offences Under Sections. 498A and 406 IPC. The police after investigation filed charge-sheet against petitioners No. 1 to 4 which is said to be pending.3. It appears that parties have thereafter duly settled their dispute and have arrived at compromise according to which they want to live together amicably and peacefully.4. Learned Counsel for the parties have submitted that in view of the compromise between the parties, the FIR may be quashed so that there may not be any more bitterness between them and they may live their life ...
Luggage Point Vs. Naim Ahmed and ors.
Court: Rajasthan
Decided on: Mar-08-2006
Reported in: I(2007)ACC82; 2006(3)WLC684
Gyan Sudha Misra, J .1. This appeal has been preferred against the judgment and order of the learned Single Judge passed in SBCWP No. 4512/2001 by which the writ petition preferred by the petitioner/appellant herein was dismissed with a cost of Rs. 2,000 and he was further directed to deposit the amount of interim compensation of Rs. 50,000 with the Tribunal with interest thereon as ordered by the Tribunal within a period of one month from the date of receipt of a copy of that order.2. The controversy essentially is between the appellant-petitioner and the respondent No. 1 - Naim Ahmed who is the registered owner of vehicle No. RJ-14C-9784 to whom the vehicle had been transferred by the appellant/petitioner by seeking a delivery note from the respondent No. 1 after receiving the payment for the vehicle which is dated 5th November, 1996. However, the vehicle was not transferred with the RTO in favour of the respondent No. 1 Naim Ahmed although I the vehicle had been delivered to him and...
Devilal and ors. Vs. Kishanlal and ors.
Court: Rajasthan
Decided on: Mar-07-2006
Reported in: RLW2006(3)Raj2214; 2006(3)WLC61
Prakash Tatia, J.1. Heard learned Counsel for the parties.2. The appellants are aggrieved against the dismissal of the suit seeking decree for pre-emption by the trial Court vide judgment and decree dated 4.12.1978 and dismissal of the first appea1 by the first appellate court by the judgment and decree dated 7.9.1981.3. Brief facts of the case are that as per the plaintiffs, the suit property was purchased by the plaintiffs Bhura Lai and his brother Moti Lai. They started living in the said property from the date of purchase of the property i.e. from 2.7.1974. The property was never partitioned but because of no good relations between Moti Lai and his brother's wife Smt. Sosar, they started their separate kitchen. Moti Lai died and thereafter Moti Lai's wife Smt. Sosar (defendant No. 3) sold the property to defendant Nos. 1 and 2 for consideration of Rs. 1500/- by registered sale- deed dated 15.6.1972. According to the plaintiffs, since the plaintiffs are so-sharers in the suit proper...
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