Rajasthan Court March 2007 Judgments
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Neelam Chaturvedi (Smt.) Vs. Union of India (Uoi) and ors.
Court: Rajasthan
Decided on: Mar-13-2007
Reported in: RLW2007(3)Raj2602
Mohammad Rafiq, J.1. Dispute in this matter pertains to allotment of a retail outlet of Hindustan Petroleum Corporation Ltd. at Halena in District Bharatpur located on National Highway No. 11. The petitioner has prayed for a mandamus to the respondents directing them to cancel the candidature of respondent No. 3 Smt. Sadhana Dagur and not to issue Letter of Intent to her and instead issue such Letter of Intent to the petitioner Smt. Neelam Chaturvedi who was placed at serial number 2 in the select panel. An additional prayer has been made that if in the meantime, the Letter of Intent is issued to the non petitioner No. 3 the same be quashed and set aside.2. Factual matrix of the case is that the Hindustan Petroleum Corporation Ltd, (hereinafter referred to as 'the Corporation') a Government of India undertaking, published an advertisement in Rajasthan Patrika on 2nd January, 2004 inviting applications for allotment of 243 Retail Outlets in the State of Rajasthan. Applications were also...
Hem Chand Govil Vs. Income Tax Settlement Commission and ors.
Court: Rajasthan
Decided on: Mar-13-2007
Reported in: (2007)211CTR(Raj)505; [2007]292ITR646(Raj)
Mohammad Rafiq, J.1. Under challenge in this writ petition is the order dt. 30th Sept., 1996 passed by the Settlement Commission whereby application of the petitioner filed under Section 245C of the IT Act, 1961 (in short 'the Act') was rejected and not allowed to be proceeded with.2. Factual matrix of the case is that the business and residential premises of the petitioner were searched by the respondents in accordance with the provisions of Section 132(1) of the Act on 21st March, 1990. During the course of search proceedings, certain incriminating documents were found at these premises. An order was later passed under Section 132(5) of the Act on 13th July, 1990. Notice under Section 148 was issued to the petitioner on 30th April, 1991 in respect of the asst. yr. 1989-90 because the petitioner by that time had not filed the return under Section 139(1) of the Act. Pursuant to the said notice, the petitioner filed his return of income for the asst. yr. 1989-90 on 15th May, 1991 declar...
Krishna Kejriwal (Smt.) Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Mar-13-2007
Reported in: RLW2007(3)Raj2641
Mohammad Rafiq, J.1. This writ petition has been filed with the prayer that the Commissioner, Jaipur Development Authority be directed to take immediate steps to flush out the trespassers who have been unlawfully retaining possession of the land belonging to Krishna Nagar Extension Scheme and restore possession thereof to 26 allottees of Krishna Nagar Extension Scheme and make provision for roads, parks and other facilities on 34% area of Krishna Nagar Extension Scheme which vests in the Jaipur Development Authority. A further prayer has been made that Director General of Police, Rajasthan be required to evict the trespassers by use of the police force.2. The factual matrix of the case is that the petitioner entered into an agreement to sale with one Colonel Rajendra Singh some time in the year 1975 with regard to land measuring approximately 3.33 acres. According to the petitioner, possession of the said land was handed over by the said Colonel Rajendra Singh to the petitioner. The pe...
S.G. Steels and Alloys Private Limited Vs. State of Rajasthan and anr.
Court: Rajasthan
Decided on: Mar-13-2007
Reported in: III(2007)BC716; RLW2008(1)Raj501
ORDERMohammad Rafiq, J.1. The petitioner company has, by filing the present writ petition, prayed for quashment of the order dated 5,3.2002 and the order dated 22.3.2002 and also for a writ of mandamus directing the respondents to grant to it benefit or subsidy under the State Capital Investment Scheme of 1990.2. Factual matrix of the case is that the petitioner company set up a project costing about Rs. 80 lakh. It invested 25% amount in the sum of Rs. 25,78,000/- and got its industry registered with the District Industries Centre, Alwar on 29.4.1998. It has started production on 29.9.1998. The petitioner applied for grant of subsidy under the Scheme of 1990 on 26.12.1998. Case of the petitioner was considered in the meeting of District Level Committee held on 5.8.1999 and was recommended favourably to the Director of Industries. When the petitioner was not extended the benefit of subsidy, it made a representation on 16.12.2000 and another representation on 5.3.2002. In the representa...
Dilip JaIn and anr. Vs. the State of Rajasthan and ors.
Court: Rajasthan
Decided on: Mar-13-2007
Reported in: 2007ACJ206; 2008(1)CTLJ133(Raj)
ORDERMohamad Rafiq, J.1. Under challenge in this writ petition is the notification dated 13-5-1968, validity of which has been questioned by the petitioners to the extent of Note-1 appended to its schedule with the prayer that the same be declared ultra-vires of Section. 104 of the Rajasthan Municipalities Act and further action of the respondents in a realizing octroi vide order dated 21-11-19.96 on iron scrap purchased by them in auction sale by Indian Railways at Kota be declared illegal and without the authority of law and they be directed to refund the amount of illegally realised octroi together with interest @ 24% p.a. and pay a sum of Rs. 11,000/- as costs of litigation to the petitioners.2. Factual matrix of the case is that the petitioner No. 1, who is resident of Ajmer, was engaged in the business of purchase and sale of iron scrap material in the name and style of M/s. Ashish Traders, the petitioner No. 2 herein. The Western Railways at its Kota Junction auctioned certain i...
Mangi Lal Vs. State of Rajasthan
Court: Rajasthan
Decided on: Mar-13-2007
Reported in: RLW2007(4)Raj2768
Narendra Kumar Jain, J.1. Accused-appellant Mangilal S/o Radhakishan has preferred this appeal challenging the order of his conviction, dated 9th of June, 2003, passed by the Additional Sessions Judge (Fast Track) No. 1, Bundi, in Sessions Case No. 85/2001, whereby he has been convicted and sentenced under Section 376 I.P.C. to 7 years rigorous imprisonment and a fine of Rs. 5000/- (Rupees five thousand); in default of payment of fine, to further undergo one month's additional simple imprisonment.2. Briefly stated the facts of the case are that a written- report, Exhibit P-11, was lodged by PW-6 Kalu Lal, the husband of prosecutrix Madi Bai (PW-8) at Police Station Kotwali - Bundi, alleging therein that on 22.12.1995, accused Mangilal committed forcible sexual intercourse with his wife. The police registered FIR No. 317/1995 (Exhibit P-12) under Section 376, IPC, and started investigation.3. After completion of investigation, a chargesheet was filed against the accused. The trial court...
Naval Kishore Vs. Smt. Gulab
Court: Rajasthan
Decided on: Mar-13-2007
Reported in: RLW2007(4)Raj3020
Guman Singh, J.1. The challenge in the appeal No. 648/1999 is to the judgment and decree dated 8.2.1999, passed by the Judge, Family Court No. 1 Jaipur whereby the suit instituted by the appellant (for short the 'husband') under Section 13(1)(a) of the Hindu Marriage Act 1955 was dismissed with cost. The challenge in the other Appeal No. 2118/2001 is to the judgment and decree dated 29.8.2001 passed by the Judge, Family Court Ajmer, Rajasthan whereby the suit instituted by the respondent (for short 'the wile') under Section 18 of the Hindu Adoption and Maintenance Act was decreed and the appellant (for short 'the husband) was directed to pay Rs. 2000/- per month by way of maintenance. The aforesaid two appeals were heard together and therefore, these two appeals are being disposed of by a common judgment.2. The brief facts of Appeal No. 648/1999 are that the husband, appellant herein, filed a suit against the wife with the averment that he was married with the wife Smt. Gulab on 1.7.19...
Rajesh Kumar Vs. Pushpa Soni
Court: Rajasthan
Decided on: Mar-13-2007
Reported in: RLW2007(4)Raj3058
Guman Singh, J.1. Challenge in the instant appeal is to the judgment and decree dated January 16, 2002 of the Family Court, Kota whereby the suit instituted by the appellant (for short 'husband') was dismissed against the respondent (for short 'wife') for decree of divorce under Section 13 of the Hindu Marriage Act.2. Briefly stated, the facts are that the husband filed a petition under Section 13 of the Hindu Marriage Act 1955 wherein it was alleged that the parties were married about 3-4 years back and soon after the marriage an abrupt change in the behavior of the wife was noticed which resulted in quarrel on petty matters amounting to cruelty. It was further pleaded that soon after, the wife left for her parents house alongwith her clothes and ornaments and she refused to return inspite of persistent efforts of the husband and as such petition under Section 9 of the Hindu Marriage Act was filed which however, was dismissed on account of his absence. It was also alleged that wife ha...
Sangita JaIn (Smt.) Vs. State of Rajasthan and anr.
Court: Rajasthan
Decided on: Mar-13-2007
Reported in: RLW2008(1)Raj359
Mohammad Rafiq, J.1. All the aforesaid writ petitions although have been filed with different prayers and are founded on different legal grounds but since they pertain to the same process of selection for appointment on the posts of Assistant Agricultural Engineers initiated by the Rajasthan Public Service Commission (for short 'the Commission') vide, advertisement dated-26.10.1996 as amended by corrigendum dated 21.12.1996 and yet another corrigendum dated 30.1.1997, these writ petitions were ordered to be connected with each other and therefore they were heard together and are now being disposed of by this common judgment.2. The Commission issued an advertisement on 26.10.1996 inviting thereby applications from eligible candidates for appointment on 20 posts of Assistant Agricultural Engineers in the Agricultural Department of the Government of Rajasthan. The Commission issued corrigendum on 21.12.1996 increasing the number of posts from 20 to 48. Even as the process of selection was...
J.K. Cement Works Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Mar-13-2007
Reported in: 2007(2)WLN118
S.N. Jha, C.J.1. This special appeal is directed against the order of the learned Single Judge dismissing the writ petition of the appellant on the ground of laches.2. The appellant had filed writ petition inter alia for the following reliefs:(i) for quashing the notification dt. 07.12.1993.(ii) for direction to allow the appellant to carry on mining operation over the area of 192 hectares comprising mining lease No. 4/ 80.(iii) for direction to restore the surrendered area of 150 hectares pertaining to mining lease No. 4/80 to the appellant.3. Brief facts of the case are that a mining lease with respect to 192 hectares of land was granted to the appellant-company for excavating china clay on or about 03.03.1982. The leasehold area included 150 hectares of village Rajputon Ki Dhani within Jaitaran Tehsil of Pali District. On 23.07.1990, the appellant submitted application surrendering the said 150 hectares of land of village Rajputon Ki Dhani retaining the remaining 42. As circumstance...
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