Rajasthan Court February 2007 Judgments
Shri Dhirendra Manharbhai and anr. Vs. State and anr.
Court: Rajasthan
Decided on: Feb-13-2007
Reported in: 2007(1)WLN42
N.N. Mathur, J.1. 'Nathdwara' a small town but historically significant temple town in Rajasthan enjoys devotional prominence amongst the followers of Lord Krishna the world over and houses the unique 12th Century Idol of Shreenathji.2. The petitionersdevotees of the temple by way of instant Public Interest Litigation have voiced grievance against the present management in the matter of arrangement of 'darshan' and distribution of 'prasad'. The petitioners have also sought direction commanding the respondent No. 2- Goswami Shri Rakeshji Maharaj to ensure the public and statutory duty. This Court by order dated 22.11.2004 directed the respondent Temple Board to prepare a detailed plan of the temple and town development and also the time bound action plan to redress the grievance of the devotees. It was brought to the notice of this Court that the entire temple is being managed from Bombay as the respondent No. 2 resides and holds all the meetings at Bombay itself. Thus, a direction was ...
Tag this Judgment!National Insurance Co. Ltd. Vs. Vidhyadhar Mahariwala and ors.
Court: Rajasthan
Decided on: Feb-13-2007
Reported in: 2007(3)WLN386
Dinesh Maheshwari, J.1. By way of this appeal, the insurer of the vehicle involved in accident seeks to question the award dt. 18.11.2006 made by the Motor Accidents Claims Tribunal, Ratangarh in Claim Case No. 89/2004 awarding compensation in the sum of Rs. 4,03,650/- to the injured claimant, in relation to the finding on issue No. 4 whereby the Tribunal has rejected its contention for exoneration on the ground of violation of policy condition because driving licence of the driver of the offending vehicle was found not renewed on the date of accident; and in relation to the finding on issue No. 3 on quantification of compensation.2. On 11.06.2004 at about 8.30 p.m. in the city of Ratangarh on the road from Ghantaghar to PWD Rest House the claimant, about 53 years of age and serving as cashier in government employment earning monthly salary of Rs. 10,448/-, while riding his motorcycle sustained bodily injuries on being hit by a truck bearing registration No. RJ 14 G 2223; the truck ran...
Tag this Judgment!Gopal and ors. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Feb-12-2007
Reported in: RLW2007(2)Raj1196
Narendra Kumar Jain, J.1. Three accused-persons - Gopal S/o Gyarsilal Kalal, Mohanlal S/o Bhanwarlal Dhakad and Mst. Geeta W/o Gopal Kalal, have preferred this appeal against the judgment and order dated 6.10.2001 passed by the Additional Sessions Judge (Fast Track) No. 2, Bundi, in Sessions Case No. 112/2001, whereby accused Gopal and Mohanlal have been convicted and sentenced under Section 376, IPC, to seven years rigorous imprisonment and a fine of Rs. 1,000/-, in default of payment of fine to further undergo one month's imprisonment; and accused Geeta has been convicted and sentenced under Section 6(1) of the Immoral Traffic (Prevention) Act, 1956, to one year's rigorous imprisonment and a fine of Rs. 500/-, in default of payment of fine to further undergo one month's imprisonment.2. PW-17, Indra W/o Jagdish, filed a criminal complaint dated 1.7.1991, under Sections 498A, 366 and 376, IPC, in the court of Munisff and Judicial Magistrate, Nainwa, against accused-persons Gopal, Geeta...
Tag this Judgment!Commercial Taxes Officer Vs. Ganpati Marbles and Rajsamand Granites Pv ...
Court: Rajasthan
Decided on: Feb-12-2007
Reported in: RLW2007(2)Raj1567
Prakash Tatia, J.1. Heard learned Counsel for the parties.2. The non-petitioner-Dealer sought exemption from payment of tax under the Rajasthan Sales Tax Incentive Scheme, 1987 (for short 'the Scheme of 1987) on the ground that the non- petitioner-Dealer established new industrial unit as defined in Clause 2 of the said scheme and, therefore, is entitled to benefit of tax exemption. The District Level committee vide its order dated 26.3.1997 denied the said benefit on the ground that the non-petitioner-Dealer has established industry by purchasing existing industry and it is located on the same land over which there was already an industrial unit in existence and was manufacturing the similar goods which the non-petitioner is manufacturing. The non-petitioner preferred appeal against the order of the District Level Committee before the Rajasthan Tax Board, Ajmer. The Rajasthan Tax Board, Ajmer held that the non- petitioner unit is entitled to get the benefit under the Scheme of 1987. H...
Tag this Judgment!Ramswaroop Jaiswal Vs. State of Rajasthan
Court: Rajasthan
Decided on: Feb-12-2007
Reported in: 2007CriLJ1566; RLW2007(3)Raj1927
Narendra Kumar Jain, J.1. Accused Ramswaroop Jaiswal son of Shri Kanhaiyalal has preferred this appeal under Section 374(2) of the Code of Criminal Procedure, against the judgment and order dated 12th of March, 2001, passed by the Special Judge, Narcotic Drugs and Psychotropic Substances Act Cases, Jaipur, in Sessions Case No. 24/98, whereby the accused-appellant was convicted and sentenced under Section 8/20(b)(ii) of the Narcotic Drugs and Psychotropic Substances Act (for short, the NDPS Act) to ten years rigorous imprisonment and a fine of Rs. 1,00,000/-, in default of payment of fine to further undergo two years simple imprisonment.2. Briefly stated the facts of the case are that PW-1 Ganga Singh, Additional Superintendent of Police, received an information on 27th of October, 1998, at 4.05 p. m. from one informer to the effect that two persons along-with Scooter No. RJ-14-21M-0942 are standing at a temple near assembly and they are having 'charas' with them. On receipt of this inf...
Tag this Judgment!Smt. Santosh Devi Vs. Prem Chand Saini
Court: Rajasthan
Decided on: Feb-12-2007
Reported in: AIR2007Raj121; RLW2008(1)Raj357
ORDER1. This appeal is directed against the decree of divorce granted by the Family Court No. 2, Jaipur along with application under Section 13(1) of the Hindu Marriage Act of the husband Prem Chand Saini against wife Smt. Santosh Devi vide judgment and decree dated 11.06.2002.2. According to the application the parties got married as per Hindu Rites on 11-4-92 at Mansinghpura, Tonk Road, Jaipur and out of the said wedlock in June, 1995 a male child was born. According to the applicant-husband after about six months of living together, the respondent-wife started pressurising him to live separately from his parents who were not keeping well and used to go to her parents house even without informing him and her behaviour towards the applicant-husband and his parents was cruel and she indulged in several fights with him and his parents and on 25-2-95 she left the matrimonial home and never returned thereafter. Thus on account of cruelty and desertion, the divorce petition was filed on 12...
Tag this Judgment!Surendra Kumar JaIn Vs. Rajasthan Co-operative Diary Federation Limite ...
Court: Rajasthan
Decided on: Feb-12-2007
Reported in: RLW2007(3)Raj1887; 2008(2)SLJ81(Raj)
S.N. Jha, C.J.1. The dispute in this appeal relates to the appellant's claim for unutilised leave salary for additional 98 days.2. Facts of the case, briefly stated, are that the appellant who was Stenographer Grade 1 in the service of the State Government in the Gazetteers Department joined the Rajasthan Co- operative Dairy Federation Limited (in short, 'the Federation') on deputation on 1.6.1981. On 29.1.1986, on his request, he was allowed voluntary retirement from the government service with effect from 31.10.1985 in terms of Rule 244(1) of the Rajasthan Service Rules (RSR). Prior to that, on 16.3.1985 the Federation had taken a decision to absorb him, and offer of appointment had been issued to the appellant on 1.5.1985. The appellant had sought certain clarifications and on 12.9.1985 the Federation had passed a resolution, inter alia to allow him pensionary benefits in. addition to emoluments received by him from the government on his voluntarily retiring from government service....
Tag this Judgment!Gopal S/O Gyarsilal Kalal and ors. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Feb-12-2007
Reported in: 2007(1)WLN294
Narendra Kumar Jain, J.1. Three accused-persons-Gopal S/o Gyarsilal Kalal, Mohanlal S/o Bhanwarlal Dhakad and Mst. Geeta W/o Gopal Kalal, have preferred this appeal against the judgment and order dt. 06.10.2001 passed by the Additional Sessions Judge (Fast Track) No. 2, Bundi, in Sessions Case No. 112/2001, whereby accused Gopal and Mohanlal have been convicted and sentenced under Section 376, IPC, to seven years rigorous imprisonment and a fine of Rs. 1,000/-, in default of payment of fine to further undergo one month's imprisonment; and accused Geeta has been convicted and sentenced under Section 6(1) of the Immoral Traffic (Prevention) Act, 1956, to one Year's rigorous imprisonment and a fine of Rs. 500/-, in default of payment of fine to further undergo one month's imprisonment.2. PW-17, Indra W/o Jagdish, filed a criminal complaint dt. 01.07.1991, under Sections 498-A, 366 and 376, IPC, in the Court of Munsif and Judicial Magistrate, Nainwa, against accused-persons Gopal, Geeta, M...
Tag this Judgment!Vikram Singh Vs. State of Rajasthan Through P.P.
Court: Rajasthan
Decided on: Feb-09-2007
Reported in: 2007CriLJ1622; RLW2007(2)Raj1176
Narendra Kumar Jain, J.1. Accused-appellant Vikram Singh S/o Vishan Singh has preferred this appeal under Section 374 (2) Cr.P.C. against the judgment and order dated 11th of September, 2001, passed by the Additional District & Sessions Judge (Fast Track) Bandikui, in Sessions Case No. 94/2001, whereby the accused- appellant has been convicted and sentenced under Section 304B, IPC, to seven years rigorous imprisonment and under Section 498A, IPC, to one years rigorous imprisonment and a fine of Rs. 500/-, in default of payment of fine to further undergo two months simple imprisonment. Both the sentences were ordered to run concurrently.2. The accused-appellant was charged by the trial court for the offence under Sections 498-A and 304-B of the IPC along-with two other co-accused persons, namely, Mannu Singh @ Manusingh and Smt. Ratan Kanwar (uncle and mother of the appellant). The learned trial court, vide impugned judgment and order dated 11.9.2001, acquitted co-accused-persons Mannu ...
Tag this Judgment!Ashok Kumar Sharma Vs. State of Rajasthan
Court: Rajasthan
Decided on: Feb-09-2007
Reported in: 2007CriLJ1734; RLW2007(3)Raj1914
Narendra Kumar Jain, J.1. Accused Ashok Kumar Sharma has preferred this appeal under Section 374(2) of the Code of Criminal Procedure, against the judgment and order dated' 25-7-2003, passed by the Special Judge, N. D. P. S. Act Cases, Jaipur, in Sessions Case No. 6/2001, whereby he was convicted under Section 8/21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter shall be referred to as the Act, 1985) and sentenced to ten years rigorous imprisonment and a fine of Rs. 1,00,000/- (Rupees one lac); in default of payment of fine, to further undergo two years simple imprisonment.2. Briefly stated the facts of the case are that PW-1 Mehtab Singh, the Additional Superintendent of Police (Crimes), Jaipur City, Jaipur, received a secret information from one informer at Police Station, Malviya Nagar, Jaipur, where he had gone for official work, which was received in writing by him vide Exhibit P-1 on 25th of February, 2001, at about 3.00 p.m., that one Ashok Kumar, reside...
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