Rajasthan Court January 2007 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Smt. Vimla Vs. Tarun Singh
Court: Rajasthan
Decided on: Jan-23-2007
Reported in: AIR2007Raj101
1. Marriage is said to be made in heaven, but it is destroyed and dissolved on earth. What is considered to be a sacrament is, at times, followed by cruel acts of one spouse towards the other. When one of the spouses finds it unbearable to tolerate the cruelties of the other spouse, he/ She has no option but to knock at the doors of a Court and to seek divorce from the erring spouse. This has been the story of the respondent before this Court. But it is the appellant, who is challenging the order dated 21-8-2006 passed by the Family Court, Ajmer whereby the learned Family Court has granted the divorce in favour of the respondent on the ground of cruelty.2. The brief facts of the case are that the appellant-wife and the respondent-husband (henceforth to be referred to as 'the wife' and 'the husband' respectively, for short) were married on 10-2-2000 at Ajmer in accordance with the Hindu rites and customs. According to the respondent, on the very first night, the wife informed him that s...
Bhagwati Metals Vs. Union of India (Uoi) and ors.
Court: Rajasthan
Decided on: Jan-23-2007
Reported in: 2008(228)ELT20(Raj); RLW2007(3)Raj2209
Vineet Kothari, J.1. This writ petition is directed against the order of Central Excise & Gold (Control) Appellate Tribunal (CEGAT) dated 4.5.1994 upholding the levy of differential duty and penalty for the alleged clandestine removal of certain goods from the manufacturing unit of the petitioner-assessee.2. At the out-set we may state that normally a reference or an appeal under the provisions of the Central Excise Act, 1944 (hereinafter referred to as the 'Act') would have lied to High Court under Section 35G/35H of the Act but since this writ petition under Article 226 and 227 of the Constitution of India was entertained way back in the year 1994 and has since remained pending here for all these 12 years, we are not inclined to dismiss this writ petition on the ground of such alternative remedy available to the petitioner particularly when this writ petition was admitted after hearing both the parties on 16.5.2002. Therefore, we heard the writ petition at length on merits.3. Mr. N.K...
Ramesh Jangid Alias Rameshwar Jangid Vs. Smt. Sunita
Court: Rajasthan
Decided on: Jan-23-2007
Reported in: AIR2007Raj160; RLW2007(4)Raj2726
R.S. Chauhan, J.1. Saddled with a married life which no longer has any content, but only has a form, the appellant challenges the judgment dated 9-2-2001 passed by Family Court, Ajmer whereby the learned Judge has dismissed the appellant's application for divorce under Section 13(1) of the Hindu Marriage Act, 1955 (henceforth to be referred to as the Act', for short).2. The brief facts of the case are that the appellant-husband was married to the respondent-wife on 1-11-1987 at Ajmer according to the Hindu ritcs and customs. Out of the wedlock a daughter Swati was born on 18-12-1989. According to the appellant, from the very beginning, the marriage had hit rough weather. The wife kept on pressurizing the appellant to leave his parents and to shift with her parents and to live there as a 'Ghar Javai'. However, as the appellant was the only earning member of the family, he did not think it morally upright to abandon his aged parents and his younger brother. Since the appellant refused to...
Prakash Kumar Bachlaus Vs. Smt. Chanchal @ Jaya
Court: Rajasthan
Decided on: Jan-23-2007
Reported in: RLW2007(3)Raj2306
Vineet Kothari, J.1. Marriages are made in Heavens and they are only performed here on this earth', is the oft quoted extract from Hindu mythology. Hindu Marriages is a sacrament and not a contract is another tenet. To sustain and endure a marriage, the couple has to sail through various tides in life. Feeling of love, affection, depression, broken heart, unfulfilled desires are some of them. For ultimate good and peace in Society marriages must endure and last and not allowed to be broken easily. Hindu Marriage Act, 1955 was enacted by Parliament with these parameters in mind.2. This is husband's appeal having lost before the Family Court, who sought a decree of annulment of his marriage which took place on 30.11.1993 according to Hindu rites under Section 12 of the Hindu Marriage Act, 1955 (hereinafter referred to 'as the Act') on the ground that a fraud was played upon him and his wife Smt. Chanchal @ Jaya who was suffering from Schizophrenia & Gilbert Syndrome and, therefore, after...
Kesri Vanaspati Products Limited (In Liquidation) Vs. Industrial Devel ...
Court: Rajasthan
Decided on: Jan-23-2007
Reported in: III(2007)BC620
Shiv Kumar Sharma, J.1. By the instant application under Sections 446 and 537 of the Companies Act, 1956 (for short '1956 Act'), the applicant has prayed as under:To quash and set aside the notice (Annexure-A/2) published in newspaper Rajasthan Patrika dated November 13, 2005 and the auction proceedings dated November 22, 2005 along with the certificate of sale dated June 7, 2006 (Annexure-A/5) issued by the Recovery Officer, Debts Recovery Tribunal, Jaipur (Rajasthan) and to direct Recovery Officer, Debts Recovery Tribunal, Jaipur (Rajasthan) not to sell any assets or effects of the company in liquidation without leave of this Court.The respondent No. 2 be directed to deposit the sale proceeds of the auction proceedings dated November 22, 2005 with the Official Liquidator and not to take any decision regarding its disbursement without leave of Hon'ble Court.2. Contextual facts depict that the company M/s. Kesri Vanaspati Products Limited was ordered to be wound up by Hon'ble High Cour...
Commissioner of Income Tax Vs. Lokhpat Film Exchange (Cinema)
Court: Rajasthan
Decided on: Jan-23-2007
Reported in: (2007)212CTR(Raj)371; [2007]304ITR172(Raj)
Rajesh Balia , J.1. Learned Counsel for the Revenue submits that the record of the assessee prior to 1991 is not available and hence, they are unable to produce the same before the Court.Heard learned Counsel for the parties.2. These two appeals arise out of two separate orders passed by the AO levying penalty under Sections 271D and 271E in respect of certain transactions between the assessee firm and its partners described as deposits from the partners. The transaction relates to receipt of deposit during the accounting period relevant to asst. yr. 1990-91 from its partners Shri Jay P. Motinani and Shri Bhagwati Chandnani by way of deposits. The AO considering it to be intra party transactions of deposit otherwise then by way of cheque or bank draft inviting the provisions of Sections 269SS and 269T and considering these payments and repayments were in violation of Sections 269SS and 269T imposed penalty under Sections 271D and 271E respectively for receiving the deposit in cash and ...
R.S.R.T.C. and ors. Vs. Ashok Thanvi
Court: Rajasthan
Decided on: Jan-23-2007
Reported in: 2007(1)WLN341
Rajesh Balia, J.1. Having heard learned Counsel for the aprties, we do not find any merit in this appeal.2. The reimbursement of the expenses incurred on treatment of the brain injury suffered by the petitioner at the Bombay Hospital, Mumbai is sought to be denied by the appellant Corporation wholly owned by the State of Rajasthan solely on the basis that procedure for having a proper reference to Bombay Hospital have not been followed by the incumbent and instead of having referred to Bombay Hospital by M.G. Hospital, Jodhpur first to SMS Hospital, Jaipur and then from SMS, Hospital, Jaipur to Mumbai, he has been directly referred to Bombay Hospital, Mumbai. We are unable to agree with this contention. The principle is now no more res-interga. The Supreme Court in the matter of State of Punjab v. Ram Lubhaya Bagga and Ors. 1988 (4) SCC 117 had approved the principle that while by making rules the employer can restrict the extent reimbursement of expenses with reference to expenses est...
Saleem Mohammad Vs. Union of India (Uoi)
Court: Rajasthan
Decided on: Jan-22-2007
Reported in: 2007CriLJ1747; RLW2007(2)Raj1135
Narendra Kumar Jain, J.1. This appeal under Section 374 of the Code of Criminal Procedure, on behalf of accused Saleem Mohammad S/o Ramjan Mohammad, is directed against the judgment and order dated 4th of April, 2006 passed by the Special Judge (Sessions Judge), N.D.P.S. Act Cases, Bharatpur, in Special Case No. 36/2001, whereby the learned trial court convicted and sentenced the accused-appellant under Section 8/20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter shall be referred to as 'the Act') to ten years rigorous imprisonment and a fine of rupees one lakh; in default of payment of Fine, to further undergo ten months simple imprisonment.2. The charge against the appellant was that on 4.11.2000 at 6.30 P.M., during his search at the Central Bus Stand, Bharatpur, two kilogram charas was recovered from his possession, which is punishable under Section 8/20 of the Act. The prosecution examined six witnesses and exhibited 22 documents. Thereafter statement of t...
Poonam Synthetics and Fibers Ltd. Vs. Pooja Granites and Marbles Ltd.
Court: Rajasthan
Decided on: Jan-22-2007
Reported in: 2007(1)WLN466
Bhagwati Prasad, J.1. Heard2. The petitioner Company M/s Poonam Sythetics & Fibers Limited has filed the present petition before this Court under Section 433(c) of the Indian Companies Act 1956 for winding up of M/s Pooja Granites and Marbles Limited having its registered office at E-41/42 Ambaji Industrial Area, Abu Road, District Sirohi, Rajasthan (Earlier it was having registered office at SB-39A Rambag Circle, Bapu Nagar, Jaipur 302015).3. Initially a show cause notice was issued by this Court on 26.09.1997 and even after service of notice no one appeared and then petition was admitted and advertisement of the petition was also done and publication was made in the news paper but none appeared to oppose the petition on behalf of the non petitioner No. 1.4. The learned Counsel for the petitioner contended that the non petitioner No. 1 obtained loan of Rs. 25,00,000/- and also executed the Promissory Note dated 4.9.1995 and also given the receipt for this. Out of this only Rs. 8,55,67...
Zonal Manager, Uco Bank Vs. Ram Prakash Prajapati
Court: Rajasthan
Decided on: Jan-19-2007
Reported in: [2007(114)FLR314]; (2007)IILLJ664Raj; RLW2007(1)Raj579
P.S. Asopa, J.1. By this appeal appellant UCO Bank (hereinafter referred to as 'the Management') has challenged order of the learned Single Judge dated 8.5.2006 dismissing SB Civil Writ Petition No. 259/2001 filed by the Management challenging Award dated 27.12.1999 passed by the Central Industrial Tribunal (hereinafter referred to as 'the Tribunal') whereby the respondent Ram Prakash Prajapati (hereinafter referred to as 'the Workman') has been ordered to be reinstated with full back wages.2. The facts, in brief, as per the Management are that the Workman was engaged as part time casual worker at the rate of Rs. 12/- per day on 6.6.1986 for 1 hour and a half in the evening. However, the Workman filed the statement of claim before the Tribunal claiming himself to be full time daily rated worker. The services of the Workman were dispensed with on 18.3.1988 after following the provisions of the Industrial Disputes Act, 1947 (hereinafter referred to as 'the Act'). Against the said termina...
- ‹ Prev
- 1
- 2
- 4
- 5
- 6
- 7
- 8
- 9
- 10
- 11
- Next ›
- Last »