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Rajasthan Court April 2006 Judgments

Apr 28 2006

Sohan Lal Vyas Vs. Smt. Vimla

Court: Rajasthan

Decided on: Apr-28-2006

Reported in: RLW2006(3)Raj2571

Rajesh Balia, J.1. This appeal is directed against the order of learned Judge. Family Court, Jodhpur dated 15.10.1999 by which application filed by the appellant under Section 13 for dissolution of his marriage with respondent has been rejected.2. The parties to this appeal were married in April 1957 at Jodhpur. Two sons were born out of this wedlock. At the time of filing of application under Section 13 on 19.7.1994, the elder son was aged about 28 years and younger son was aged about 25 years. Second son was born at Jaipur where appellant had shifted after he got the job in Jaipur. The application for dissolution of marriage preferred after 37 years of marriage was founded on two fold grounds. Firstly, that the respondent wife treated the appellant-applicant with cruelty, which has caused the appellant mental and physical harassment and physical harassment and he does not feel safe to live with his wife anymore, secondly, willful desertion by wife since 25.12.1991, after the marriage...

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Apr 28 2006

Jameel HussaIn and ors. Vs. Mact, Sikar and ors.

Court: Rajasthan

Decided on: Apr-28-2006

Reported in: RLW2007(1)Raj663; 2006WLC(Raj)UC636

K.S. Rathore, J.1. Heard learned Counsel for the petitioners and perused the impugned order dated 28.1.2005 by which the Claims Tribunal awarded Rs. 50,000/- as interim award under Section 140 of the Motor Vehicle Act.2. The petitioners have challenged the impugned order to the extent of depositing the said amount in the fixed deposit for the period of five years.3. The interim award under Section 140 of the M.V. Act is passed to maintain the family even for no fault liability, therefore, in the interest of justice. I deem of proper to MACT. Sikar to disburse Rs. 50,000/- to the petitioner claimants immediately. The impugned order dated 28.1.2005 is modified to that extent only.4. The writ petition stands disposed of as indicated above....

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Apr 27 2006

Jai Ram Prasad Vs. State of Rajasthan and ors.

Court: Rajasthan

Decided on: Apr-27-2006

Reported in: 2006CriLJ2816; RLW2006(3)Raj2025

R.S. Chauhan, J.1. The petitioner, who happens to be the Chief Fire Officer, has sought the quashing of FIR No. 132/05, registered at Anti Corruption Bureau, Jaipur for offences Under Sections 7, 13(1)(d)(2) of Prevention of Corruption Act, 1988 & Section 120B of the Indian Penal Code.2. The brief facts of the case are that on 9.5.03, the complainant, Shivraj Singh, the respondent No. 2, lodged a complaint with the Addl. Superintendent of Police (Anti Corruption Department), Jaipur Rural, wherein he alleged that he and his cousin brother, Ranjeet Singh had bought a truck in partnership. On 10.1.2002 when the truck was going from Joriwas to Mahapura, carrying hay, suddenly it caught fire and was burnt. On 11.1.2002, his cousin brother, Ranjeet Singh, submitted an application before the Chief Fire Officer that a certificate about the burning of the truck may be given to him. However, till date the said certificate was not issued by the Chief Fire Officer. He further alleged that on 25.4....

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Apr 27 2006

Vishan Das and ors. Vs. Suwa Lal and ors.

Court: Rajasthan

Decided on: Apr-27-2006

Reported in: 2007ACJ1477

R.S. Chauhan, J. 1. The appellants have challenged the award dated 11.11.2003 passed by the Motor Accidents Claims Tribunal, Beawar (hereinafter referred to as the learned Tribunal') whereby an award of Rs. 3,12,000 has been passed for the death of Sharawan Kumar to the claimants.2. The brief facts of the case are that on 21.4.1999, along with others, Sharawan Kumar was travelling in a jeep. As soon as the jeep reached near the village Kharwa, a tanker bearing registration No. RJ 06-G 1442, being driven in a rash and negligent manner by its driver, came and collided with the said jeep. Consequently, four persons had died including Sharawan Kumar. Since the aged parents, the widow, the minor children were suddenly left without a breadwinner, they filed a claim petition along with others. Since Sharawan Kumar had earlier lost his brother, Mishri Lal, even his widow and minor children were financially dependent on Sharawan Kumar. Hence, they also joined as claimants in the claim petition....

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Apr 27 2006

Prakash Kaur and anr. Vs. Kulvindra Singh and anr.

Court: Rajasthan

Decided on: Apr-27-2006

Reported in: 2008ACJ1414

Manak Mohta, J.1. The instant appeal has been preferred against the judgment and award dated 4.12.1998 passed by the Judge, Motor Accidents Claims Tribunal, Sri Ganganagar in M.A.C.T. Claim Case No. 75 of 1996 whereby the claim petition filed by the claimants-appellants has been dismissed.2. Briefly stated the facts of the case are that appellants' son, Milkiyat Singh, was cleaner on truck No. RJ 13-G 1755 and the said truck was going to Ambala (Punjab) being driven by the driver, one Sukhveer Singh. On 4.9.1995, when the truck reached at village Ghinola (Punjab), at that time another truck No. RRC 7166 also reached there, which was being driven by Kulvindra Singh, respondent No. 1. Both the trucks stayed there, tyre of truck No. RRC 7166 was to be replaced. Kulvindra Singh, his cleaner and Milkiyat Singh started to replace the tyre of the back wheel of truck No. RRC 7166. When they were replacing the tyre, the jack of the truck ( slipped as the land was wet due to rain, as a result of...

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Apr 26 2006

Indian Red Cross Society Vs. Manohar Jaswani

Court: Rajasthan

Decided on: Apr-26-2006

Reported in: RLW2006(2)Raj1683; 2006(3)WLC513

K.S. Rathore, J. 1. Brief facts of the case are that the non- applicant (respondent) moved an application under Section 3(8)(5) of the Rajasthan Rent Control Act, 2001 (for short, the Act of 2001 stating therein that since the applicant Red Cross Society was a corporate body under the Central Act and as such provisions of the Act of 2001 were not attracted and the learned Tribunal was having no jurisdiction by virtue of Section 3 of the Act of 2001.2. The petitioner submitted that the Indian Red Cross Society is a body corporate and was established under Indian Red Cross Society Act, 1920 (for short, the Act of 1920). As per Section 2 of the Act of 1920, the first members of the society were to be nominated by the persons who immediately before the commencement of the Act were the members of the Joint War Committee, Indian Branch of the order of St. John of Jeru Salem in England and the British Red Cross Society. Section 3 authorized the Committee to appoint the Managing Body of the So...

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Apr 26 2006

Commissioner of Income-tax Vs. Mangilal Didwania

Court: Rajasthan

Decided on: Apr-26-2006

Reported in: (2006)206CTR(Raj)472; [2006]286ITR126(Raj)

Rajesh Balia, J.1. Heard learned Counsel for the parties. 2. The application has been moved under Section 256(2) of the Income-tax Act, 1961, by the Revenue seeking a direction to the Tribunal to state the case and refer the following question as question of law arising from the order dated May 26, 1997, of the Tribunal passed in I. T. A. No. 1343/JP/95 relating to the assessment year 1990-91:Whether, on the facts and in the circumstances of the case, the hon'ble Income-tax Appellate Tribunal was justified in law in quashing the order under Section 263 of the Income-tax Act passed by the Commissioner of Income-tax 3. The Assessing Officer had passed the assessment order on December 30, 1992. The Commissioner of Income-tax, considering that the assessment order has been passed without following proper enquiry which has resulted in an erroneous assessment order and prejudicial to the interests of the Revenue, issued notice under Section 263 of the Income-tax Act, 1961, in exercise of his...

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Apr 26 2006

Pratap Vs. State of Rajasthan

Court: Rajasthan

Decided on: Apr-26-2006

Reported in: RLW2006(4)Raj2720; 2006(3)WLC701

Prem Shanker Asopa, J.1. The instant criminal appeal has been filed by the accused-appellant against the judgment dated 29.9.2000 passed by the Additional Sessions Judge, Kishangarh, Ajmer whereby he has been convicted under Section 302 IPC and sentenced to suffer imprisonment for life and to pay a fine of Rs. 1,000/-, in default of payment of fine to further suffer six months' rigorous imprisonment.2. On the basis of the 'Parcha-Bayan' Ex. P2 given by Smt. Dharmi W/o Pratap, a criminal case was registered against the accused-appellant Pratap initially for the offence under Section 307 IPC on 8.9.99, which was subsequently converted into Section 302 IPC after the death of Smt. Dharmi on the same day i.e. 8.9.99.3. The case of the prosecution as per the aforesaid 'Parcha Bayan' Ex. P. 2, which was later on converted into dying declaration after the death of Smt. Dharmi and subsequent evidence on record, is that on 8.9.99 PW.8 Jeewanram, ASI, P.S. Madan-ganj received a telephonic informa...

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Apr 26 2006

Vishwanath and ors. Vs. Lakhpat Rai and ors.

Court: Rajasthan

Decided on: Apr-26-2006

Reported in: RLW2007(1)Raj664

Dalip Singh, J.1. In this writ petition the petitioner has challenged the order Annexure-6 dated 17.7.2004. The grievance of the petitioner is that his application under Order 7 Rule 11 CPC based on the ground that in the earlier suit No. 25/1985 Filed by the non-petitioner plaintiff a decree for redemption of mortgage and possession of property in dispute had been prayed for an vide judgment and decree dated 30.5.2000, the decree for redemption for mortgage had been passed, however, the decree for possession has not been passed on the ground that petitioner was the original tenant of the mortgagor of the property in dispute which is the plaintiff-non-petitioner herein and as such on redemption of mortgage, the tenant continued to be the tenant and could not be evicted save in accordance with Section 13 of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950. It is contended in the application that present suit which has been filed for eviction is based on the grounds under ...

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Apr 25 2006

Commissioner of Income Tax Vs. Uttam Chand Nahar

Court: Rajasthan

Decided on: Apr-25-2006

Reported in: (2006)204CTR(Raj)498

1. The Tribunal, Jaipur Bench, Jaipur had submitted the statement of case along with following questions of law to be answered by this Court on reference application moved by the assessee as well as Revenue in relation to the order passed by the Tribunal in ITA No. 2250/Jp/1995 relating to the asst. yr. 1984-85:1. Whether, in the facts and circumstances of the case, the Tribunal was right in holding that the AO had not misread the explanatory note and, therefore, had a reason to believe that income had escaped assessment ?2. Whether, in the facts and circumstances of the case, the Tribunal was right in holding the proceedings to be valid despite the fact that the approval of Dy. CIT was not obtained by the AO ?3. Whether, in the facts and circumstances of the case, the Tribunal was right in holding the proceedings to be valid by holding that the service on the adult member of the family was a sufficient notice ?4. Whether, in the facts and circumstances of the case, the Tribunal was ju...

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