Rajasthan Court March 2007 Judgments
Nayab Singh Vs. State of Rajasthan
Court: Rajasthan
Decided on: Mar-30-2007
Reported in: RLW2007(3)Raj2077
Deo Narayan Thanvi, J.1. Convict Nayab Singh has filed this appeal from jail through Superintendent, Central Jail, Bikaner against the judgment dated 4.9.2002 passed by the learned Additional Sessions Judge (Fast Track), Anupgarh, District Sri Ganganagar, whereby, he was convicted of offence under Section 302 IPC and sentenced to imprisonment for life and to pay a fine of Rs. 500/-, in default of payment of fine to further undergo three months' rigorous imprisonment for killing his mother in the morning of 26th July, 1999.2. The Station House Officer, Police Station Suratgarh, District Sri Ganganagar registered a First Information Report Ex. P. 2, which was lodged before him by Prithvi Singh son of Inder Singh, by Caste Majhabi Sikh, resident of Gurusar Moidya on 26.7.99 at about 8.15 pm, in which, he alleged that for the last several days, mental condition of his son Nayab Singh was not good. It is further alleged that a day before the incident, he went to village Hindo to take his da...
Tag this Judgment!Om Prakash Vs. Smt. Anita
Court: Rajasthan
Decided on: Mar-30-2007
Reported in: RLW2008(1)Raj368
Shiv Kumar Sharma, J.1. The petition filed by the appellant husband on the grounds of desertion and cruelty under Section 13 of the Hindu Marriage Act, 1955 was dismissed by learned Family Court Ajmer vide judgment and decree dated October 21, 2002. Against this finding that the present action for filing the appeal has been resorted to by the appellant husband.2. As per the facts stated in the petition, marriage between the appellant husband and respondent wife took place on February 15, 1994. Immediately after the marriage the respondent wife treated the appellant husband and his family members cruelly, she never did household work and quarreled with the parents of husband. The respondent wife frequently used to visit her parental house without seeking permission of appellant husband. She used to spend money lavishly and force the appellant husband to reside separately from his old parents. The appellant husband had to take loans to fulfill unlimited desires of respondent wife. The re...
Tag this Judgment!Veerbhadra Singh Sisodia and ors. Vs. Rajasthan Council of Primary Edu ...
Court: Rajasthan
Decided on: Mar-28-2007
Reported in: RLW2007(3)Raj1749
Govind Mathur, J.1. Prior to independence of the country the colonial regime established a system of education that had limited access and that denied mass education with view to emphasise on confirmism to socio, political and economic system prevailing in the country in those times. On account of that the Indian National Movement desired for an alternative educational system with an approach of 'Education for Life' as said by Mahatma Gandhi and 'Education for Self-development' as reflected in great educational experiment made by Rabindra Nath Tagaur by establishing Shanti Niketan.2. The founding fathers of our constitution recognised universalisation of educational system as a national goal, being a most effective weapon for nation building. The constituent assembly while adopting, enacting and giving to ourselves the Constitution of India under the directive principles of the State policy envisaged that the State shall endeavour to provide free and compulsory education for children u...
Tag this Judgment!Commissioner of Income Tax Vs. Shiv Ratan Soni
Court: Rajasthan
Decided on: Mar-28-2007
Reported in: (2008)217CTR(Raj)222
Rajesh Balia, J.1. This appeal is directed against the order of Tribunal, Jodhpur Bench, Jodhpur dt. 26th May, 2003 and relates to asst. yr. 1986-87. The order of the Tribunal is common deciding appeals arising out of asst. yrs. 1986-87 to 1988-89.2. The brief facts giving rise to this appeal are that the assessee is engaged in the activity of money-lending and goldsmithy. A search was conducted in the premises of the assessee on 18th Nov., 1988 and following assets/valuable articles were found:(a) Business income : Rs. 24,00,000(Including money-lending and pawning)(b) Investment in house : Rs. 3,73,000(c) Unaccounted marriage expenses : Rs. 1,50,000---------------Rs. 29,23,000---------------Besides those, some papers were also found during the course of search.During the course of assessee's statement under Section 132(4), he agreed to surrender Rs. 24,00,000 as his income from money-lending and goldsmithy business, investment, unexplained investment in house amounting to Rs. 3,73,000...
Tag this Judgment!Nand Ram Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Mar-28-2007
Reported in: 2007(2)WLN451
Gopal Krishan Vyas, J.1. The instant writ petition has been filed challenging the proceedings initiated vide notice dt. 21.07.2004 (Annex. 4) by respondents No. 1 and 2 and further prayed that recovery certificate dt. 24.12.2003 may also be quashed with all consequential benefits.2. As per facts, inter alia, stated in the petition, a loan of Rs. 2,10,000/- was granted by respondent No. 3 to the petitioner on 16.02.1990. It is submitted that some amount was paid by the petitioner; but, due to fluctuation in the market and dire need of financial assistance which was not made available to the petitioner, the petitioner could not run the small unit and was burdened with heavy losses. It is submitted that at the time of grant of loan certain documents were executed in between the parties such as, loan agreement, letter of hypothecation of tangible movable property, trust letter, affidavit and guarantor deed etc. It is submitted that respondent No. 3 initiated proceedings to recover the outs...
Tag this Judgment!National Insurance Company Ltd. Vs. Kur Singh and ors.
Court: Rajasthan
Decided on: Mar-26-2007
Reported in: 2008ACJ2292; AIR2007Raj162; RLW2007(2)Raj1708
Dinesh Maheshwari, J.1. These two appeals, CMA Nos. 586/2007 and 813/2007, preferred by the insurer of the vehicle (a truck bearing registration No. HR 38 D 3267) involved in accident against the common award dated 04.09.2006 made by the Motor Accidents Claims Tribunal [Additional District Judge (Fast Track) No. 6], Udaipur in Claim Case Nos. 613/2005 and 603/2005 involving common questions have been heard together; and shall be governed by this common order.2. Background facts leading to these appeals could be noticed thus: On 17.09.2003 at about 4.30 p.m., in front of M.S.W. College at Pratap Nagar, Udaipur the victim Kanna alias Kishanlal was driving a tractor bearing registration No. RJ 27 R 1540 and towing the said truck bearing registration No. HR 38 D 3267 that had developed some mechanical fault; and in the process, the towed truck gained speed but could not be controlled by its driver and bounced upon the tractor. In the result, the tractor was damaged and the tractor driver s...
Tag this Judgment!New India Assurance Co. Ltd. Vs. Ramavtar Sharma and ors.
Court: Rajasthan
Decided on: Mar-26-2007
Reported in: 2008ACJ256
Dinesh Maheshwari, J.1. This appeal under Section 173 of Motor Vehicles Act, 1988 ('the Act') has been preferred by the insurer of the vehicle involved in accident against the award dated 11.11.2005 made by Motor Accidents Claims Tribunal [Special Judge, Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Cases], Bikaner in Claim Case No. 365 of 2005 questioning the quantum of compensation awarded by the Tribunal at Rs. 6,50,000 to the claimant-respondent No. 1 for the loss suffered by him due to the injuries sustained in a vehicular accident.2. This appeal was taken up for consideration on 11.1.2007 when learned Counsel for the appellant pointed out that though this appeal has been submitted questioning only the quantum of compensation awarded by Tribunal but looking to the facts of the case and subject-matter of this appeal, the appellant of its own had deposited with the Tribunal an amount of Rs. 2,72,406, of course without prejudice to its contentions in this appeal, on ...
Tag this Judgment!Kumbh Singh Vs. U.i.T.
Court: Rajasthan
Decided on: Mar-26-2007
Reported in: 2007(2)WLN475
Gopal Krishan Vyas, J.1. By way of filing this writ petition, the petition is challenging the order dt. 30.04.2004 (Annex.-2) and further prayed that the respondent U.I.T. may be directed not to make demand of the balance amount till high tension electricity line is not shifted. Further it is prayed that respondents may be directed to get removed the high tension electricity line over the plot in question and also prayed that the respondent shall not charge any interest or penalty from the petitioner upon the balance amount.2. The facts averred in the writ petition are that the respondent U.I.T. published an auction notice in daily news paper Rajasthan Partika on 12.01.2004 auction of residential as well as commercial plots in various schemes framed by the U.I.T. On 12.01.2004, the petitioner alongwith the other participants went on the site to take participation in the auction proceedings, At that time, the respondent U.I.T. authorities told that these are the plots which are going to...
Tag this Judgment!Narendra Sharma @ Pappu Vs. the State of Rajasthan Through P.P.
Court: Rajasthan
Decided on: Mar-23-2007
Reported in: RLW2007(3)Raj2274
Narendra Kumar Jain, J.1. Accused Narendra Sharma @ Pappu S/o Mahendra Sharma preferred this appeal challenging his conviction and sentence passed by the Additional Sessions Judge (Fast Track), Alvvar, in Sessions Case No. 45/2003, whereby he was convicted under Sections 328 and 397 read with Section 120B of the Indian Penal Code (for short, 'the IPC) to seven years rigorous imprisonment and a fine of Rs. 1,000/-; in default of payment of fine, to further undergo three months additional rigorous imprisonment.2. Briefly stated the facts of the case are that a written- report (Exhibit P-3) was lodged on 26.5.2002 at Police Station, Kotwali - Alwar, by Babulal Meena (PW-6) S/o Navratan, stating therein that on 24.5.2002 her sister-in-law (Bhabhi) Yell down from a tree and on that account she sustained injuries, therefore, they brought her to the Government Hospital for treatment. On 25.5.2002, when they were taking their meals in- front of the hospital, at about 4.00 PM one 35 to 40 years...
Tag this Judgment!Harsh Vardhan Kejriwal Vs. Madhav Nagar Grah Nirman Sahkari Samiti Ltd ...
Court: Rajasthan
Decided on: Mar-23-2007
Reported in: RLW2007(4)Raj3473
Vineet Kothari, J.1. This batch of appeals filed Under Section 96 CPC is directed against a common order of learned ADJ No. 4, Jaipur City, Jaipur allowing the application of defendants under Order 4 Rule 11 CPC and rejecting the suits filed by the plaintiff- appellants.2. Though the matter came up for orders on application under Order 1 Rule 10 CPC seeking to implead one Shri Laxmi Narain Sharma as party defendant in the suit, however, with the consent of the parties, arguments for final disposal of these appeals were heard at the admission stage since these appeals are of 1997 and they are being disposed of by this common judgment.3. The short but interesting question which arises in these cases is as to whether the suit filed by the plaintiff for declaration, delivery of possession and grant of permanent injunction against defendant No. 1 to 5 including defendant No. 1 Madhav Nagar Grah Nirman Sahakari Samiti Ltd., the cooperative society registered under the provisions of the Rajas...
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