Rajasthan Court February 2007 Judgments
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Bhuwaneshwar Sharma and ors. Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Feb-07-2007
Reported in: RLW2008(1)Raj926
Ashok Parihar, J.1. Initially 150sq. Acres of land was allotted for establishment of medical college in the city of Kota, which is one of the major industrial town of the State. The land been insufficient, additional land was sought to be acquired as per requisition of the Controller and Principal of Medical College, Kota. The additional land was required for construction of nurses hostel, nurses training center, administrative block, central stores, and residential quarters for paramedical and teaching staffs, proper place for disposal of waste from the hospital as also laboratories, construction of laundry and other certain purposes including electric Sub-station. Initially notification Under Section 4 of the Land Acquisition act was issued on 30.11.1995. However, for additional requirement for the purposes referred above, a notification Under Section 17(1) of the Land Acquisition Act was issued on 29.11.1996.2. Both the above notification dated 30.11.1995 as also 29.11.1996 have bee...
Sher Singh Yadav Vs. the State of Rajasthan and ors.
Court: Rajasthan
Decided on: Feb-07-2007
Reported in: 2007(1)WLN183
P.S. Asopa, J.1. By this writ petition, the petitioner is seeking appropriate writ, order or direction for appointment to the post of Senior Teacher English (Male) also called as Teacher Gr. II English in pursuance of the advertisement dt. 09.08.1998 whereby 37 posts have been advertised in all. Out of that 37 posts, 21 posts were meant for general category, 5 for SC, 4 for ST and 7 for OBC.2. The case, in short, of the petitioner is that while preparing the panel, the respondents have not kept in mind the ratio of the Constitutional Bench judgment delivered in case of R.K. Sabharwal and Ors. v. State of Punjab and Ors. : [1995]2SCR35 , according to which, a candidate of reserve category standing in general merit cannot be counted in reserve category.3. The respondent State has submitted that selection list has been rightly prepared and as per note in the category of merit list, it has been mentioned that panel would remain valid upto 31st March, 1999. The Writ Petition has been filed ...
Suresh Vs. State of Rajasthan
Court: Rajasthan
Decided on: Feb-07-2007
Reported in: 2007(2)WLN188
Shiv Kumar Sharma, J.1. Asha (fictitious name) a girl of 6 years fell a pray to the lust of appellant. The appellant was put to trial before the learned Special Judge, SC/ST (PA Cases) Alwar who convicted and sentenced the appellant under Section 376(2)(f) IPC vide judgment dt. 23.10.2002 to suffer rigorous imprisonment for ten years and fine of Rs. 1000/-, in default to further suffer imprisonment for six months.2. It is the prosecution case that informant Geeta Devi (PW. 1) submitted a written report on 12.10.2001 at Police Station Kathumar with the averments that on 09.10.2001 her daughter Asha aged 6 years along with other children had gone to the temple but Asha did not return back to the house. On being searched she was found unconscious on the roof of the temple and blood was oozing from her vagina. Informant Geeta Devi took her daughter Asha to Bharatpur for treatment in the next morning. At Bharatpur she was informed by the Medical Officer that Asha was raped on returning to v...
Ummed Singh Vs. State of Rajasthan
Court: Rajasthan
Decided on: Feb-07-2007
Reported in: 2007(2)WLN402
N.N. Mathur, J.1. This appeal is directed against the judgment dt. 09.01.2004 passed by the learned Additional Sessions Judge (Fast Track) Camp Rajgarh, Churu, convicting appellant Ummed Singh of offence under Section 376(2)(f) IPC and sentenced to imprisonment for life and to pay a fine of Rs. 5,000/-, in default of payment of fine to further undergo one year's simple imprisonment. The amount of fine has been directed to be paid to PW-2 Ramniwas, father of the victim.2. Briefly stated the facts of the case are that on 14.08.2003 at about 9 p.m., PW-2 Ramniwas lodged a First Information Report Ex P-3 at Police Station Sidhmukh stating inter alia that on 13.08.2003, he had gone to village Sihandwa. On 14.08.2003, when he returned to his house at about 5 p.m. from village Sihandwa, his wife PW-4 Sarbati informed that while she was in the field, appellant Ummed Singh enticed her daughter PW-5 Mst. Meera and took her to a nearby field and committed rape on her. He disclosed the age of Mst....
Suresh Kumar Vs. State of Rajasthan
Court: Rajasthan
Decided on: Feb-06-2007
Reported in: 2007CriLJ1939; RLW2008(1)Raj350
ORDERShiv Kumar Sharma, J.1. Suresh Kumar, the appellant herein, was put to trial before the learned Additional Sessions Judge (First Track) Jhunjhunu who vide judgment dated October 23, 2001 convicted and sentenced him as under:Under Section 376, IPC.To suffer rigorous imprisonment for seven years and fine of Rs. 1000/- in default to further suffer rigorous imprisonment for three months. Under Section 323, IPC.To suffer simple imprisonment for three months.The substantive sentences were ordered to run concurrently.2. It is the prosecution case that informant Ram Niwas (P.W. 1) submitted a written report (Ex. P. 1) at Police Station Gudhagorji with the averments that on September 13, 1997 around 8 p.m. has wife Mala (fictitious name) went to attend call of nature. After some time his mother and aunt also went to attend call of nature. In the Johad accused Suresh Kumar came from behind of his wife and caught hold of her, torned her blouse, gagged her and committed rape on her. Hearing n...
Jawahar Singh and anr. Vs. Central Bureau of Narcotics
Court: Rajasthan
Decided on: Feb-06-2007
Reported in: RLW2007(3)Raj1890
Shiv Kumar Sharma, J.1. Jawahar Singh and Balwan Singh, the appellants herein, along with Narayan were put to trial in Sessions Case No. 74/2001 before Sessions Judge Tonk (Special Judge, NDPS Cases) who vide judgment dated November 14, 2001 convicted the appellants under Section 8/18 NDPS Act and sentenced them to undergo ten years rigorous imprisonment and fine of Rs. 1 lac, in default one year rigorous imprisonment.Narayan was however stood acquitted of the said charge.2. On June 17, 2001 at 15 hours team of the Narcotic Bureau intercepted a white Maruti bearing No. EL8CC/4473 at Bajri Naka Jaipur Chauraha Deoli District Tonk wherein the Driver and one person were travelling. They disclosed their names as Jawahar Singh and Balwan Singh. With their consent the car was searched and on opening the ply of the door of the car polythene bags were found containing 13 Kg. opium. Samples from each bags of 24 Gms were taken and sealed. The statements of appellants got recorded and they were a...
Ambawa Vs. State of Rajasthan
Court: Rajasthan
Decided on: Feb-06-2007
Reported in: 2007(2)WLN74
N.N. Mathur, J.1. This appeal is directed against the judgment dt. 27.09.2004 of Additional Sessions Judge, Fast Track Rajsamand Camp Udaipur convicting appellant-Ambawa of offence under Section 302 IPC and sentenced to imprisonment for life and to pay a fine of Rs. 1000/-, in default of payment of fine to further under go six months simple inprisonment.2. The prosecution story as disclosed during the trial is that PW.8 Mst. Pankhi had married to the appellant Ambawa about 20 years back. Being fadup with his illtreatment, some time back, she left Ambawa and started living with deceased Lal Singh. On 06.03.2004, PW.1 Narupatel submitted the First Information Report Ex. P/1 at Police Station Ogana stating inter alia that while he was on way to village Mohini, he found the dead body of Lal Singh near the field of PW/3 Vakta. He also stated that on the preceding day i.e. on 15.03.2004 at about 6.10 P.M. while he was taking cattle for drinking water, the appellant Ambawa was seen taking his...
Rajendra Kumar Razdan Vs. State of Rajasthan
Court: Rajasthan
Decided on: Feb-06-2007
Reported in: 2007(2)WLN351
N.N. Mathur, J.1. Udaipur, the most majestic and splandid city of lakes a midst the historic relics of Mewar, founded in 1559 AD, finds place prominently on global tourist map. The fresh water lakes of Udaipur constitute a unique system of water harvesting method combined with judicious water management adding to the drinking water resource as well as creating an eternal attraction for tourists from all over the world.2. Pichhola Lake is the oldest among all the City Lakes deriving its name from Village 'Pichholl', the lake is roughly triangular in shape with its base along the palace ridge. It accounts for a total water body area around 6.96 sq. km. and has gross, live and dead capacities. The storage capacity at the gross level is 483 mcft. The live and dead capacities are 318 and 165 mcft respectively. The river Kotra (Sisarma) and Amarjok (Bujhada) are the chief source of water supply to the lake having a maximum depth of 10.5 meters. Apart from supplying drinking water, it caters ...
Jodhraj Gurjar Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Feb-06-2007
Reported in: 2007(2)WLN499
Shiv Kumar Sharma, J.1. Vide order dt. 07.12.2006, the petitioner, Jodhraj Gurjar, had brought to the notice of this Court that his case for parole has been dismissed by the Advisory Committee. The said letter has been treated as a letter petition and has been placed before this Court. According to the petitioner, he was convicted for offence under Sec. 302 I.P.C. and was sentenced to life imprisonment. So far he has completed seven years of imprisonment, since he was eligible for first regular parole under Rule 9 of Rajasthan Prisoners (Release on Parole) Rules, 1958 (henceforth to be referred to as 'the Rules of 1958', for short), he applied for the same. However, vide order dt. 15.11.2006, the Advisory Committee constituted under the Rules of 1958 had dismissed his case.2. According to the reply submitted by the State, the petitioner has completed seven years, eleven months and three days imprisonment so far. Furthermore, while considering the case of the petitioner for parole, it w...
Union of India (Uoi) Through Commissioner of Central Excise Vs. Dial a ...
Court: Rajasthan
Decided on: Feb-05-2007
Reported in: (2007)208CTR(Raj)170; [2007]7STT372
1. Heard learned Counsel for the parties.2. This application under Section 35H of the Central Excise Act as it existed on 1st April, 2002 r/w Section 83 of the Finance Act, 1994 containing the provisions relating to levy and collection of service-tax is directed against the order of Customs, Excise and Gold Control Tribunal, New Delhi, to state the case and refer the following question of law for the decision of this Court:Is the Tribunal empowered to reduce the penalty under Sections 67 and 68 of the Finance Act, 1994?3. As we shall presently notice that in the circumstances and on the facts found the aforesaid question is of academic importance for the present purposes.4. The respondent is a provider of services as travelling agent and is filing its regular returns and paying service-tax since September, 1999. A show-cause notice was issued to the respondent by the adjudicating authority of the Central Excise Act as to why a penalty should not be imposed upon them under the provision...
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