Rajasthan Court March 2007 Judgments
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Hotel Chandra Mahal Vs. the Regional Director, E.S.i. Corporation
Court: Rajasthan
Decided on: Mar-15-2007
Reported in: RLW2007(4)Raj2721
R.S. Chauhan, J.1. This appeal challenges the order dated 31.7.2000 passed by the Employees State Insurance Court, Jaipur, whereby the learned Judge has dismissed the application filed by the appellant under Section 75 of the Employees State Insurance Act, 1958 (henceforth to be referred to as the Act', for short).2. In a nutshell, the facts of the case are that M/s. Hotel Chandra Mahal is a small hotel establishment, which provides only lodging but no boarding for the travelers. According to the appellant, there is no restaurant in the said hotel. The families of the business partners also reside in the same building where the hotel is situated. Since its inception, at no point of time, has it never employed ten or more employees for wages in connection with business activities of the hotel. Moreover, no manufacturing process is being carried out with the aid of power of the activities pertaining to the hotel. According to the appellant on 30.5.91 and 6.6.91 Mr. Yadram Gupta, the Insp...
In Re: Lords Chloro Alkali Ltd. (Formerly Known as Modi Alkalies and C ...
Court: Rajasthan
Decided on: Mar-15-2007
Reported in: [2009]148CompCas873(Raj)
Shiv Kumar Sharma, J.1. The petitioner, Lords Chloro Alkali Ltd. (formerly known as Modi Alkalies and Chemicals Ltd.) filed this petition under Sections 391 and 394 of the Companies Act, 1956 (hereinafter shall be referred to as 'the Act of 1956'), for sanction of scheme of arrangement so as to be binding on all the secured creditors of the petitioner, i.e., respondents herein.2. The petitioner-company was incorporated on March 1,1979, in the State of Punjab originally under the name and style of Modi Alkalies and Chemicals Ltd. Subsequently in the year 1979 itself, the registered office of the petitioner was shifted to Industrial Area, Alwar (Rajasthan). The name of the petitioner-company was subsequently changed to Lords Chloro Alkalies Ltd. on February 1, 2003.3. The petitioner-company had availed of financial assistance from the IDBI, IFCI, PNB, ICICI, SBI, Indian Bank, Syndicate Bank, IIBI, UTI and RIICO. It was stated in the petition that the company had operated successfully til...
Krishan Kumar Vs. State of Rajasthan
Court: Rajasthan
Decided on: Mar-15-2007
Reported in: 2007(2)WLN433
Chatra Ram Jat, J.1. This appeal is directed against the judgment and order dt. 18.04.2002 passed by the learned Additional Sessions Judge (Fast Track) Ratangarh, district Churu, in Sessions Case No. 15/2002 (20/2001) he convicted the accused appellant for offence under Section 376 IPC and sentenced for 10 years rigorous imprisonment and a fine of Rs. 1000/- in default of payment of fine to under go further rigorous imprisonment for one year.2. Prosecution case is as under:On 27.4.2001 at about 4 P.M. Complainant Chandu/Chunnu Ram resident of Bliubas Rampura lodged oral report at Police Station Bhanipura that his grand daughter Santo D/o Balbeer, his uncles brother Ramkumar's daughter Saroj and Tiku Ram's daughter Ganga took their sheep and goats for grazing in southern side of village forest. One person called all these girls and disclosed his name Krishan. He came there for searching camel. Krishan told them to put off their clothes and girls refused then he tried to caught them but ...
Ram Dayal and anr. Vs. the State of Rajasthan and ors.
Court: Rajasthan
Decided on: Mar-15-2007
Reported in: 2007(3)WLN589
Mohammad Rafiq, J.1. The petitioners have filed this writ petition challenging the judgments of the Board of Revenue dt. 24.11.1997 and that of the Revenue Appellate Authority dt. 10.11.1994 and have prayed for upholding the judgment of the Assistant Collector, Nandwai dt. 07.10.1989 whereby their revenue suit was decreed.2. Factual matrix of the case is that the predecessor in title of the petitioner namely Medue filed suit for declaration for permanent injunction with regard to 2 bighas and 15 bishwas of land of Khasra No. 196/3 situated in revenue village Chetari, Tehsil Nadbai, District Bharatpur. The case set up by the plaintiff before the Court of Assistant Collector was that he was in possession of the land and was recorded Khatedar tenant. During the last settlement proceedings, his name was recorded in Khasra Girdawari of Samvat 2029 to 2032. But his name was deleted therefrom for subsequent period which adversely affected their interest. The Tehsildar, Nadbai was bent upon ej...
Anita (Smt.) and ors. Vs. Dharamraj
Court: Rajasthan
Decided on: Mar-14-2007
Reported in: RLW2008(1)Raj285
K.S. Rathore, J.1. The instant criminal revision petition under Section 397 read with Section 125 Cr.P.C. is directed against the judgment dated 17.10.2006 passed by the Special Judge, SC/ST (Prevention of Atrocities Cases), Jhalawar in Criminal Revision No. 102/2005, whereby the criminal revision filed by the respondent-husband against the order dated 08.08.2005 passed by the Judicial Magistrate (First Class), Khanpur, District Jhalawar in Criminal Misc. Case No. 179/2003, has been allowed and the said order dated 08.08.2005 passed by the trial Court granting maintenance in favour of the petitioners has been reversed.2. Brief facts of the case are that the petitioner No. 1 Smt. Anita and respondent Dharamraj got married in 'Samuhik Vivah Sammelan' at village Kanvas, District Kota and thus petitioner No. 1 is legally wedded wife of the respondent Dharamraj and out of their wedlock, petitioner Nos. 2 and 3 Kaushal and Pradeep born. She was living with the respondent quite happily and wa...
Habiban Vs. Mehboob Ali and ors.
Court: Rajasthan
Decided on: Mar-14-2007
Reported in: 2007(2)WLN209
Prakash Tatia, J.1. The matter has come up for hearing before this Court in view of the directions issued by the Hon'ble Apex Court in Civil Appeal No. 4138/2006 arising out of S.L.P. (C.) No. 21215/2005 decided on 14.09.2006 by which the Hon'ble Apex Court directed this Court to rehear the present Misc. Appeal and decide the issue whether the first Appellate Court could have allowed the application filed under Order VI Rule 17 C.P.C. and permitted the defendants-tenants to take a plea relating to non-termination of tenancy by the landlord by serving notice under Section 106 of the Transfer of Property Act in the light of the decision of the Hon'ble Apex Court in the case of Jaswant Raj Soni v. Prakash Mal : (2005)8SCC38 by keeping in view the principles set out in paragraphs 5 and 6 of the aforesaid judgment of Jaswant Raj Soni's case.2. Brief facts of the case are that the plaintiff-appellant Habiban filed suit for eviction of the tenants-respondents in the trial Court on 24.09.1996....
Sohan Lal Vs. Bhullu and ors.
Court: Rajasthan
Decided on: Mar-14-2007
Reported in: 2007(2)WLN527
Prakash Tatia, J.1. Heard.The only substantial question of law involved in this appeal is:Whether the Court below could have passed the decree merely on the ground that the defendant has not submitted written statement?2. At the request of learned Counsels for the parties, the appeal itself is heard finally.3. The plaintiff filed suit for permanent injunction against the appellant as well as respondents No.2 to 5- Superintendent Engineer, CAD; Executive Engineer, CAD and Assistant Engineer, CAD of the Government Department of IGNP, Bikaner and the District Collector, Bikaner.4. None of the defendants filed written statement and the trial Court closed the opportunity of defendants to file written statement by order dt. 14.04.1999. The trial Court merely on the basis of reason that since the defendants have not filed the written statement, decreed the suit under Order 8 Rule 10 CPC and granted the decree directing the defendants to change water supply as well as directed defendants to su...
Shah Chunni Lal Shanti Lal JaIn Vs. Gopal Industries and anr.
Court: Rajasthan
Decided on: Mar-13-2007
Reported in: RLW2007(3)Raj2238
Prakash Tatia, J.1. This second appeal is against the judgment and decree passed by the first appellate court dated 19.7.1983 whereby the first appellate court allowed the appeal of the defendant-respondents and set aside the judgment and decree of the trial court dated 25.7.1981 after holding that instead of filing the suit for recovery of the ascertained amount of Rs. 4861/-, the plaintiff should have filed the suit for rendition of accounts because of the view taken by the first appellate court that the transaction between the parties was in relation to open, mutual and current account and not of advancing loan by the plaintiff to the defendant. The first appellate court, after setting aside the money decree passed by the trial court, passed the preliminary decree for rendition of accounts between the plaintiff and the defendant. The plaintiff also preferred First Appeal No. 19/81 because of the reason that the trial court did not award interest over the decretal amount. The first a...
Madan Singh Vs. Lrs. of Mohan Das
Court: Rajasthan
Decided on: Mar-13-2007
Reported in: RLW2007(3)Raj2241
Prakash Tatia, J.1. Heard learned Counsel for the parties.2. The appellant/defendant is aggrieved against the judgment and decree dated 5.9.2003 by which the trial court decreed the suit of the plaintiff against the respondent/tenant for eviction and also aggrieved against the judgment and decree dated 6.4.2005 by which the first appellate court dismissed the appeal of the appellant/tenant.3. It will be appropriate to narrate the facts of the case because of the reason that it is third round of litigation between the landlord and tenant.4. First suit No. 59/1975 was filed by landlord Mohan Das against his original tenant Kalu Singh wherein ultimately, the matter was settled between the parties and the rent of suit shop was increased from Rs. 18/- to Rs. 40/- per month.5. Second suit No. 252/1991 was filed by landlord for eviction of tenant only on the ground of non-payment of rent.6. At this juncture, it will be worthwhile to mention here that even during pendency of first suit No. 59/...
Raghuveer Singh Vs. the State of Rajasthan Through Public Prosecutor
Court: Rajasthan
Decided on: Mar-13-2007
Reported in: RLW2007(3)Raj2245
Narendra Kumar Jain, J.1. These two criminal appeals, on behalf of accused-appellant Raghuveer Singh S/o Ranvir Singh, through two different Advocates, are directed against the impugned judgment dated 24th of September, 2003 passed by the Judge, (Women Atrocities & Dowry Cases), Jaipur City, Jaipur, in Sessions Case No. 147/2002, whereby the appellant has been convicted under Section 376(2)(b) of the Indian Penal Code (for shot, 'the IPC) and sentenced to ten years rigorous imprisonment and a fine of Rs. 500/- (Rupees five hundred), in default of payment of fine to further undergo additional one month's rigorous imprisonment; under Section 354 IPC to one year's rigorous imprisonment and fine of Rs. 300/- (Rupees three hundred), in default of payment of fine to further undergo additional twenty days rigorous imprisonment; and under Section 342 IPC to one month's rigorous imprisonment and a fine of Rs. 200/-(Rupees two hundred), in default of payment of fine to further undergo additional...
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