Rajasthan Court January 2007 Judgments
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Pramod JaIn (Dr.) Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Jan-25-2007
Reported in: RLW2007(3)Raj2214
Ashok Parihar, J.1. Post Graduate course in Dental Surgery was first time started in the State of Rajasthan from the year 2006-2007. Initially some guidelines in regard to admission to the MDS Course were issued by the State Government, however, the guidelines so issued vide notification dated 29.5.2006 came to be challenged before this Court. As per the guidelines the admission to the MDS Course was to be made only on the basis of interview and a prayer was made that as per judgment of Hon'ble Supreme Court in the case of Harish Verma and Ors. v. Vijay Srivastava, reported in : AIR2003SC3371 , there ought to have been an entrance examination for admission to the MDS Course. Though the MDS Course had been started for the Sessions 2006- 2007, however, necessary amendments were not made in the Ordinance of the University in regard to the above Post-Graduate Course in Dental Surgery. As such, the criteria for admission also could not be laid down by the University in the Ordinance.2. Taki...
Ratan Singh and ors. Vs. Chhitar Lal
Court: Rajasthan
Decided on: Jan-25-2007
Reported in: RLW2007(3)Raj2052
R.S. Chauhan, J.1.The appellant-plaintiffs have challenged the order dated 29.7.99 passed by the Addl. District Judge No. 3, Kota whereby the learned Judge has set aside the judgment and decree dated 27.10.86 passed by the learned trial Court and has remanded the case back to the learned trial Court for deciding the issue of partial eviction.2. The brief facts of the case are that plaintiff Ratan Singh had let out a shop to the respondent Chhitar Lal. However, subsequently Ratan Singh's grand-son Dhirendra Singh wanted to open a shop for soft drinks. Therefore, the plaintiff had a bonafide necessity for wanting the shop to be vacated. Since Chhitar Lal was an agriculturist, who was not using the shop for any personal or business purposes, therefore, he hardly needed the shop. The plaintiff also contended that the respondent had damaged the premises. According to him the premises were being used for manufacturing 'Gajak & Revadis'. For this purpose sugarcane and ice is used. He further ...
Geo Miller and Co. Vs. the Chairman, Rajasthan Vidyut Utpadan Nigam Lt ...
Court: Rajasthan
Decided on: Jan-25-2007
Reported in: 2008(2)ARBLR383(Raj); RLW2008(1)Raj429
Gyan Sudha Misra, J.1. These three applications have been filed by the applicant M/s. Geo Miller & Company under Section 11(c) of the Arbitration & Conciliation Act, 1996 (hereinafter shortly referred to as 'the Act of 1996') seeking the order for appointment of an arbitrator in order to adjudicate the disputes between the applicant M/s. Geo Miller and Co. Pvt. Ltd. and the Chairman, Rajasthan Vidyut Utpadan Nigam Ltd.2. It has been stated by the applicant that the respondent- Rajasthan Vidyut LJtpadan Nigam Ltd. had floated a tender for execution of the work known as Water Clarification Plant at KTPS, Stage-I, at Kota and the applicant after having participated in the tender process eventually succeeded in securing an order in its favour for execution of Water Clarification Plant. An agreement, which finally culminated into a contract, was executed between the parties which apart from other clauses, contained clause No. 31 which envisaged an arbitration clause laying down therein spec...
Aravali Trading Co. Vs. Income Tax Officer
Court: Rajasthan
Decided on: Jan-25-2007
Reported in: (2008)220CTR(Raj)622
1. This appeal is filed against the order of the Tribunal, Jodhpur Bench, Jodhpur, dt. 8th Nov., 2002. The following substantial questions of law were framed while admitting the appeal:1. Whether in the facts and circumstances of the case, once the assessee has established the identity of the creditors in whose names cash credit is found in the books of account namely, Smt. Ramkanwari Devi, Smt. Santosh Sharma, Shri Dinesh Sharma and Atul Kumar Patel and the said creditors have admitted having advanced the aforesaid sum to the appellant assessee and the said creditors have also been assessed to income-tax, the Tribunal was justified in holding that the assessee has failed to discharge his onus under Section 68 of the IT Act, 1961?2. Whether in the facts and circumstances of the case the rejection of explanation furnished by the appellant, explaining the cash credits of persons named in question No. 1, for the reasons are perverse by ignoring the objective material available to the asse...
Babu Lal and anr. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jan-24-2007
Reported in: 2008CriLJ301
R.S. Chauhan, J.1. The alleged murder of Arjun Singh, the testimonies of his mother and wife have brought the appellants before this Court. They are challenging the judgment dated 26-9-2001, passed by the Additional Sessions Judge (Fast Track), Hindaun whereby the learned Judge has convicted the appellant No. 1, Babu Lal for offence under Section 302, I.P.C. and has sentenced him to life imprisonment and has imposed a fine of Rs. 500/- and to further undergo a rigorous imprisonment of two months in default thereof. The learned Judge has convicted appellant No. 2, Ghanshyam of offence under Section 326, I.P.C. and has sentenced him to five years of rigorous imprisonment and imposed a fine of Rs. 300/- and to further undergo a sentence of two months in default thereof.2. According to the prosecution, on 14-1-2000, one Vijay Singh lodged a written report (Ex. P. 7) at Police Station Hindaun City wherein he alleged, 'on 13-1-2000 around 7.00 p.m., his elder brother, Arjun Singh was returni...
Mohan Lal Vs. the Addl. District and Sessions Judge No. 3 and anr.
Court: Rajasthan
Decided on: Jan-24-2007
Reported in: RLW2008(1)Raj512
Mohammad Rafiq, J.1. This writ petition has been filed by the petitioner Mohan Lal challenging the order dated 8.1.2004 passed by Additional District and Sessions Judge (Fast Track) No. 3, Jaipur.2. The facts in brief are that plaintiff Moti Lal and defendant Phool Chand are real brothers. A Civil Suit was filed by respondent No. 2 and 3 namely Moti Lal and Smt. Rudi with the prayer that the sale deed dated 23.12 1998 be set aside and a permanent injunction be issued against the defendant Mohan Lal and Phool Chand restraining them from interfering in the enjoyment of the suit property by the plaintiff.3. During the pendency of the aforesaid Civil Suit an application under Order 32 Rule 15 CPC was filed by Moti Lal inter alia on the premise that the defendant No. 2 Phool Chand was man of unsound mind and, therefore, was not capable of protecting his interest. In the application it was prayed that Smt. Sobhagwati who was sister of both the plaintiff Moti Lal and the defendant Phool Chand...
Jagdish Prasad Vs. District Collector and anr.
Court: Rajasthan
Decided on: Jan-24-2007
Reported in: 2007(1)WLN343
Mohammad Rafiq, J.1. Heard learned Counsel for the petitioner. The petitioner in the present writ petition has challenged the order dt. 30.08.2002 whereby his licence as fair price shop dealer has been cancelled by the District Collector, Sikar vide order dt. 30.08.2002 Learned Counsel for the petitioner in assailing the said order argued that no opportunity of hearing was provided to the petitioner in as much as no enquiry in terms of the provisions contained in Rajasthan Food grains and other Essential Articles (Regulation of Distribution) Order, 1976 was conducted. Sub-clause (2) of Clause (8) of the aforesaid order clearly provides that no order of cancellation shall be made unless the licence holder has been given a reasonable opportunity of stating his case against the proposed cancellation. Learned Counsel for the petitioner therefore submits that the order dt. 30.08.2002 be quashed and set-aside.2. On the other hand the learned Dy. Government Advocate argued that the order of c...
Srikant Mathur Vs. Smt. Rajni
Court: Rajasthan
Decided on: Jan-23-2007
Reported in: AIR2007Raj122; RLW2007(1)Raj602
Shiv Kumar Sharma, J.1. Whether acquittal of husband in a criminal case instituted by wife provides a ground to seek divorce?2. This question that requires consideration in the instant appeal arises in the circumstances set out below:(i) The appellant husband and respondent wife, both are bank employees posted at different places. Their marriage was solemnized according to Hindu rites on June 24, 1988 and from their wedlock two children were born.(ii) The appellant husband filed a petition under Section 13 of the Hindu Marriage Act, 1955 against the respondent wife in the Family Court No. 2, Jaipur seeking divorce on the ground of cruelty and desertion.(iii) The respondent wife filed reply and denied the allegations of desertion and cruelty made by the appellant husband. She stated that the appellant husband used to malign her character. He used to harass her and ask her to bring dowry.(iv) On the basis of pleadings of the parties learned Family Court framed as many as five Issues. The...
Chetan Kumar Vs. Smt. Kanta
Court: Rajasthan
Decided on: Jan-23-2007
Reported in: RLW2007(1)Raj597
Shiv Kumar Sharma, J.1. The philosophy of justice in the matrimonial jurisdiction behoves the court to strive to restore conjugal harmony. In order to-achieve this object, the parties to the instant appeal were directed to appear in person. Pursuant to the direction, the appellant husband and the respondent wife along with their four children appeared on September 22, 2004. This Court after making attempt to bring about reconciliation between the parties drew order sheet thus:The parties appeared in person along with their children. They are prepared to live together for three months to try to settle their disputes. Put up on 4.1.2005. The parties are directed to remain present on that date.2. The appeal was listed on January 4, 2005, February 10, 2005 and July 12, 2005 and on these dates both the parties remained present in the court. It appears that both the parties are living together, since there is nothing on record to suggest that they got separated.3. The marriage of appellant w...
J.K. Synthetics Limited Vs. Labour Court and anr.
Court: Rajasthan
Decided on: Jan-23-2007
Reported in: RLW2007(2)Raj1270; 2006(3)WLC735
Shiv Kumar Sharma, J.1. Labour Court Kota vide award dated April 23, 1984 answered the reference made to it under Section 10(1)(c) of the Industrial Disputes Act, 1947 (for short 'the Act') in favour of Shri Ram Snehi Chaudhary (for short 'workman') holding removal of the workman by J.K. Staple & Toes Kota (for short 'employer') was illegal and unjustified and the workman was entitled to be reinstated in the service with continuity and full back wages. The Employer assailed the award by filing writ petition. Learned Single Judge dismissed the writ petition and confirmed the award vide order dated December 21, 1993. Hence this intra court appeal.2. Contextual facts depict that the workman while working as Helper in Mechanical Department of employer was served with a charge-sheet on November 6, 1980 on the allegation of conspiracy with Shri Ram Pratap Pandey, Shiv Kant Tiwari and Amar Tiwari to commit theft of brass copper rods from the factory and had taken out these rods out side the s...
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