Rajasthan Court February 2007 Judgments
In Re: Aksh Optifibre Ltd.
Court: Rajasthan
Decided on: Feb-23-2007
Reported in: [2007]77SCL219(Raj)
ORDERShiv Kumar Sharma, J.1. The petitioner company Aksh Optifibre Limited, filed this petition under Sections 391 to 394 of the Companies Act, 1956 (hereinafter shall be referred to as 'the Act of 1956') for sanctioning the Scheme of Amalgamation between petitioner Company (Transferee Company and Aksh Broadband Limited (Transferor-company).2. That the petitioner company was incorporated on 19-3-1986 under the name and style of Aksh India Private Limited with the Registrar of Companies, NCT of Delhi and Haryana and was converted into a Public Limited Company on 13-3-1994 vide Special Resolution passed on 8-3-1994. Thereafter with effect from 7-2-2000 the transferee company shifted its registered office from the NCT of Delhi to the State of Rajasthan.3. The position authorized issued, subscribed and paid up capital of the petitioner company as on date is detailed out in para No. 5 of the petition.4. The main objects of the petitioner company as set out in the object clause of its Memora...
Tag this Judgment!In Re: Multimetals Ltd.
Court: Rajasthan
Decided on: Feb-23-2007
Reported in: [2007]78SCL31(Raj)
ORDERShiv Kumar Sharma, J.1. The applicant Multimetals Limited filed this application under Section 391 of the Companies Act, 1956 (hereinafter shall be referred to as the Act of 1956) for a direction of the Court as to the method of convening, holding and conducting the meetings of the preference shareholders and equity shareholders of the applicant company as to the notice and advertisement to be issued, for the purpose of considering and, if thought fit, approving with or without modification, the scheme of arrangement proposed by Multimetals Limited.2. Multimetals Ltd. (hereinafter shall be referred as the applicant-company) is a company duly incorporated under the Companies Act, 1956 on 2-8-1962 vide Certificate of Incorporation No. 25586 of 1962.3. The position authorized issued, subscribed and paid up capital of the applicant company as on date is detailed out in para No. 3 of the application. 4. The main objects of the applicant-company as set out in the object clause of its Me...
Tag this Judgment!Radhey Shyam Vs. Vinod Kumar and anr.
Court: Rajasthan
Decided on: Feb-23-2007
Reported in: RLW2008(1)Raj540
Vineet Kothari, J.1. This appeal is directed against the Judgment dated 30.9.1996 of learned Addl. District Judge No. 4, Jaipur City, Jaipur rejecting the civil suit No. 192/1995 (233/82) filed by the plaintiff Radhey Shyam against the defendants Vinod Kumar and Amal Kumar Choudhary claiming the right of pre-emption in respect of a portion of residential house situated at Chokdi Topkhana, Rasta Sahveeldaran Bhura Tiba, Jaipur.2. According to the plaintiff, the said residential house was owned by two persons jointly i.e. Smt. Sushila Devi and defendant No. 2 Amal Kumar Choudhary who are related, Sushila Devi being the sister-in-law (Bhabhi of Amal Kumar Choudhary). According to the plaintiff Radhey Shyam, Smt. Sushila Devi agreed to sell her southern part of the said residential house to the plaintiff vide agreement dated 15.6.78 and under the said agreement, possession of the said portion of house was given to the plaintiff-appellant. On 15.5.1981 the registered sale-deed was also exec...
Tag this Judgment!Marco Cables Pvt. Ltd. Vs. Jaipur Vidhyut Vitran Nigam Ltd.
Court: Rajasthan
Decided on: Feb-23-2007
Reported in: 2007(1)WLN219
Shiv Kumar Sharma, J.1. Heard learned Counsel for the parties on the application filed by the applicant company under Section 11(6) of the Arbitration and Conciliation Act, 1956 seeking appointment of independent Arbitral Tribunal.2. The applicant company entered into a contract with respondent Jaipur Vidyut Vitran Nigam Ltd. (JVVN) for supply of LT PVC cable. A purchase order for supply of I.T. (I.T. KV) PVC Cable 3.54/Core Armoured or Unarmoured cable was placed by JVVN to applicant wherein it was stipulated that the purchase order shall be governed by the terms and conditions incorporated in the bidding package No. RJ-WB PSR JR 108. It is contended by applicant that JVVN failed to comply with the terms and conditions of the contract. Abnormal delays were caused in conducting inspection of the offered material and issuance of dispatch instructions. JVVN consumed abnormal period in accepting the supply of offered material. Due to delay caused by respondent JVVN stipulated delivery sch...
Tag this Judgment!Bhagwati NaraIn Vs. Lrs. of Late Shri Ganesh Narain
Court: Rajasthan
Decided on: Feb-23-2007
Reported in: 2007(2)WLN343
Prakash Tatia, J.1. Heard learned Counsel for the appellant.2. The appellant/defendant is aggrieved against the judgment and decree of the trial Court dt. 10.04.2001 decreeing the plaintiff's suit and dismissal of appeal by the first Appellate Court vide judgment and decree dt. 09.11.2006.3. Brief facts of the case are that plaintiff deceased Ganesh Narain Rathi filed a suit for eviction against his own brother defendant/appellant alleging that the suit property was originally belonging to one Maheshwar Nath and by agreement, that property was taken on rent by the plaintiff but in the year 1974, it was decided that for the suit premises, the defendant shall directly pay rent to said Maheshwar Nath. There were some conditions in the said agreement by which the landlord was to construct staircase and a wall. The said property was purchased by the plaintiff from said Maheshwar Nath by registered sale deed. The plaintiff, brother of the defendant, filed suit for eviction against the defend...
Tag this Judgment!Nasir Khan @ Chikana @ Siraj Vs. State of Rajasthan
Court: Rajasthan
Decided on: Feb-23-2007
Reported in: 2007(1)WLN32
Gopal Krishan Vyas, J.1. The instant revision petition has been filed by the convict from the jail challenging the validity of judgment 20.10.2005 passed by the learned Additional Chief Judicial Magistrate, Dhariyavad in Criminal Regular Case No. 407/2004 whereby the petitioner was convicted for offence Under Section 379 I.P.C. and has sentenced to 3 years R.I. alongwith fine of Rs. 2,000/- and in default of payment of fine to further undergo 3 months' S.I. Against the aforesaid judgment and order, the petitioner preferred an appeal before the learned Sessions Judge, Udaipur which came to be transferred to the learned Additional Sessions Judge No. 3, Udaipur and the learned Additional Sessions Judge No. 3, Udaipur vide judgment dt. 9.12.2005 dismissed and appeal affirming the judgment and order passed by the learned Judicial Magistrate.2. During the course of argument, Sh. K.R. Bhati, the learned Amicus Curiae stated that he does not want to challenge the findings recorded by the learn...
Tag this Judgment!Ramswaroop and ors. Vs. State of Rajasthan and anr.
Court: Rajasthan
Decided on: Feb-22-2007
Reported in: 2007CriLJ1929; RLW2007(3)Raj2647
ORDERK.S. Rathore, J.1. The present criminal revision petition under Section 397 r/w. Section 401, Cr. P. C. is preferred by the accused-petitioners against the order dated 3-2-2003 passed by the Additional Sessions Judge, Hindaun City in Criminal Revision No. 94/ 2001, whereby the trial Court was directed to take cognizance against the accused-petitioners in Criminal Case No. 574/2001 arising out of F. R. No. 234/2000, P. S. Hindaun City for the offences under Sections 498A and 201,1. P. C.2. Learned Counsel appearing for the accused-petitioners submits that the Revisional Court vide its order dated 3-2-2003 has directed the trial Court to register a case under Sections 498-A and 201, I.P.C. against the accused-petitioners and shall proceed in accordance with the provisions of law.3. The main challenge of the petitioners to this direction is that the Revisional Court cannot pass such direction without giving opportunity of being heard to the accused and can only direct to enquire into...
Tag this Judgment!Nisar Ahmad Vs. Narcotic Control Bureau
Court: Rajasthan
Decided on: Feb-22-2007
Reported in: 2007CriLJ2794; RLW2007(4)Raj2706
ORDERR.S. Chauhan, J.1. The petitioner is challenging the order dated 23-4-2005 passed by the Special Judge of N.D.P.S. Cases, Jaipur whereby the learned Judge has framed the charges against him for offences under Section 8/21 with the aid of Section 8/29 of the Narcotic Drugs & Psychotropic Substance Act (henceforth to be referred to as the Act', for short).2. In a nutshell, the facts of the case are that on 4-9-2004 the Narcotic Control Bureau (henceforth to be referred to as 'the Bureau', for short) searched a truck at the P.W.D. Dak Bungalow, Jaipur between 12.00 to 2.30 p.m. Allegedly, they recovered 4.2 kg. of heroin. Since heroin was recovered from the truck, its driver Prahlad Singh was arrested. Earlier in the day and far away at 8-10 p.m. the petitioner was arrested at old Delhi Railway Station. His statement was recorded under Section 67 of the Act. The said statement is incriminatory in nature. Subsequently, the intelligence Officer, Narendra Kumar Sharma, submitted a compl...
Tag this Judgment!Ramlal Vs. State of Rajasthan and anr.
Court: Rajasthan
Decided on: Feb-21-2007
Reported in: 2007CriLJ1947; RLW2007(1)Raj318
ORDER1. The present criminal revision petition under Section 397 r/w. Section 401, Cr. P. C. is preferred by the petitioner against the order dated 2-11-1999 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Jaipur and Additional Sessions Judge, Jaipur City, Jaipur in Criminal Revision Petition No. 116/99, whereby the order dated 21-9-99 passed by the Additional District Magistrate-II, Jaipur in Case No. 176/99 passed under Section 133, Cr. P. C. has been set aside.2. In brief the facts of the case are that the petitioner let out a shop to respondent Mohammed Hanif through a rent note in the year 1988 and there was a clause that the tenant will not create any nuisance and it was made clear that the shop would be utilised for the bakery purposes. It is alleged that after letting out the shop, the size of the furnace has been increased and the tenant was using 5 quintals wood for the purposes of bakery and by raising the quantity of furnace, created public nuisance, sm...
Tag this Judgment!Mastan @ Mohan Vs. State of Rajasthan
Court: Rajasthan
Decided on: Feb-21-2007
Reported in: RLW2008(1)Raj476
Shiv Kumar Sharma, J.1. Mastan @ Mohan, the appellant herein, was put to trial , before the learned Additional Sessions Judge (Fast Track) Beawar, who vide judgment dated March 24, 2003 convicted the appellant under section 376 IPC and sentenced him to suffer rigorous imprisonment for ten years and fine of Rs.1000/-, in default to further suffer simple imprisonment for six months. Against this judgment that the appellant has preferred the instant appeal.2. 1 have learned Counsel for the appellant as well as learned Public Prosecutor and scanned the material on record.3. As per Radiology report the age of the prosecutrix on the date of incident was about 16 years, whereas the appellant was of 19 years of age. It appears from the record that the FIR was lodged after the delay of six days. As per Medical Examination Report of prosecutrix (Ex. P-12) no injury was found on her genitals. It was stated in the report that the prosecutrix was found habitual of intercourse. No opinion in regard ...
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