Rajasthan Court May 2007 Judgments
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Gautam Chand JaIn Vs. Riico Ltd. and anr.
Court: Rajasthan
Decided on: May-09-2007
Reported in: RLW2007(3)Raj2416
H.R. Panwar, J.1. By the instant writ petition under Article 226 of the Constitution of India, the petitioner seeks quashing of the order Annx. 9 dated 2.5.2005 and Annx. 10 dated 2.12.2006.2. The facts and circumstances giving rise to the instant writ petition are that the petitioner was initially appointed on the post of Assistant Site Engineer with the respondents on 5.11.1977 and since then he has been serving with the respondents having absolutely unblemished service career as according to the petitioner, during his whole service tenure for the last thirty years, he had never been served with any chargesheet or imposed any minor or major penalty. The petitioner has been promoted to the post of senior Regional Manager by the respondents in the year 2001. While the petitioner was discharging the duties and functioning as the Senior Regional Manager with the respondents at Jodhpur, he was issued with a memorandum of charges (Annx. 1) on 13.11.2002 under Rule 11(B) of the Rajasthan St...
Gordhan Das Through His Legal Representatives Vs. Som Dutt
Court: Rajasthan
Decided on: May-09-2007
Reported in: RLW2007(3)Raj2389
Prakash Tatia, J.1. This appeal is against the judgment and decree passed by the first appellate court dated 15.9.1994 by which the first appellate court reversed the decree of dismissal of the suit of the plaintiff dated 28.11.1990.2. Brief facts of the case are that the plaintiff initially filed Civil Original Suit No. 338/78 for eviction of the same tenant-appellant, which according to the plaintiff, as per plaint allegation, was dismissed by the trial court on 25.9.1978 after giving benefit of first default to the tenant. The defendant in his written statement submitted that in fact the said earlier suit was filed for eviction of the appellant-defendant-tenant on the ground of same personal bona fide need for which the present suit has been filed. It is also specifically stated in the written statement that in earlier filed suit No. 338/78 the plaintiff also took a plea that the plaintiff wants to construct a stair-case within the suit premises. Said suit was withdrawn unconditiona...
Cit Vs. Hotel Ratanada International P. Ltd.
Court: Rajasthan
Decided on: May-09-2007
Reported in: (2007)213CTR(Raj)453; [2007]293ITR557(Raj)
R.M. Lodha, J.1. The Income Tax Appellate Tribunal, Jaipur Bench,Jaipur, has referred the following question for answer by the High Court:Whether, on the facts and in the circumstances of the case and in law, the Tribunal was justified in holding that the income of the assessee should be assessed under the head 'Income from business' instead of 'Income from property' as assessed by the Income Tax Officer?2. M/s. Hotel Ratanada International Pvt. Ltd., Jaipur (hereinafter referred to as 'the assessee') was incorporated on 22-4-1978. Inter alia, Clause (3) of the memorandum of association provides that one of the objects of the company is to carry on all or any of the business in respect of land and/or properties, dwelling houses, hotels, motels, shops, offices, industrial estates, agricultural land, etc.3. The aforesaid question relates to the assessment years 1981-82 and 1982-83. For the sake of convenience, we shall refer to the facts pertaining to the assessment year 1981-82. The sta...
Sukhdeo Singh Vs. State of Rajasthan
Court: Rajasthan
Decided on: May-09-2007
Reported in: 2008CriLJ611
Guman Singh, J.1. In this appeal the appellant has challenged the judgment dated May 23, 2003 of the learned Additional Sessions Judge (Fast Track), Ajmer, whereby he was convicted and sentenced as under:Under Section 302, I.P.C.To suffer imprisonment for life and fine of Rs. 3000/- in default to further suffer simple imprisonment for three months.Under Section 380, I.P.C.To suffer rigorous imprisonment for three years and fine of Rs. 1,000/- in default to further suffer simple imprisonment for one month.Under Section 404, I.P.C.To suffer rigorous imprisonment for one year and fine of Rs. 500/- in default to further undergo simple imprisonment for 15 days.All the sentences were ordered to run concurrently.2. It is the prosecution case that a wireless information (Ex. P. 20) was received at 12.45 p.m. on 11-6-2000 at the Police Station Civil Lines, Ajmer, from Police out post, Shastri Nagar, Ajmer, requesting tp reach at the spot and look into the clothes scattered outside the forest ou...
Raj Kumar and anr. Vs. Director General of Police, Central Reserve Pol ...
Court: Rajasthan
Decided on: May-09-2007
Reported in: RLW2008(1)Raj881; 2009(2)SLJ96(Raj)
Ashok Parihar, J.1. The recruitment of Constable/General Duty, Central Reserve Police Force was held for the year 2002- 2003. After been selected, the petitioners were appointed on the post in question in February, 2003 in different units of CRPF. On the basis of information and complaints in regard to large scale irregularities committed by the Recruitment Board of Ajmer Center, a joint surprise check was conducted by the officers of the CBI as also the CRPF authorities and records of Ajmer Center were seized. After scrutiny of the entire records, it was found that there have been large scale manipulations in allotment of marks to the candidates. Many candidates, in spite of securing pass marks, were declared fail, whereas, the candidates, not getting even pass marks, were declared pass by manipulations of their marks in the result sheet and even the answer sheets. Though, 188 candidates were declared pass in the written test, however, 70 candidates could not get through the medical e...
R.S.R.T.C. Jaipur and anr. Vs. Narpat Singh and anr.
Court: Rajasthan
Decided on: May-09-2007
Reported in: 2008(1)WLN472
Govind Mathur, J.1. By this petition for writ a challenge is given to the award dt. 01.08.1994 passed by Labour Court, Bikaner in Industrial Disputes Case No. 30/1991. By the award impugned the Labour Court while answering the reference made to it by appropriate government under notification dt. 04.06.1991 held that under Clause 36 of the Rajasthan State Road Transport Corporation Standing Orders there is no provision for imposing a penalty of stoppage of annual grade increments with cumulative effect and on that count substituted the penalty of stoppage of two annual grade increments with cumulative effect under order dt. 30.01.1989 by the penalty of stoppage of two annual grade increments without cumulative effect.2. The Division Bench of this Court in the Case of Krishna Dutta Sharma v. State of Rajasthan RLR 1987 (1) 346, held as under:While in case of withholding of grade increment with cumulative effect the Government servant is put to a financial loss for the entire period of hi...
Om Prakash Purohit Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: May-09-2007
Reported in: 2007(2)WLN121
H.R. Panwar, J.1. Learned Counsel for the petitioner submits that the controversy involved in the instant writ petition is squarely covered by the decision of this Court in Anand Kumar Maharishi v. State of Rajasthan and Anr. S.B. Civil Writ Petition No. 814/1982 decided on 03.08.1993. The order passed in Anand Kumar Maharihi came to be affirmed by Division Bench of this Court in D.B. Civil Special Appeal (Writ) No. 756/1996 decided on 15.05.1997 and SLP filed by the State against the decision of the Division Bench also came to be dismissed by the Hon'ble Supreme Court on 08.05.1998. Learned Deputy Government Advocate appearing for the respondents does not dispute this proposition.2. By the instant writ petition, the petitioner seeks a direction to the non-petitioner to grant all consequential benefits in pursuance of fixation of his pay in Rajasthan Civil Services (Revised New Pay Scales) Rules, 1976 with the benefit of jumps as finally adjudicated by this Court in S.B. Civil Writ Pet...
Wolkem Industries Ltd. Vs. State and anr.
Court: Rajasthan
Decided on: May-09-2007
Reported in: 2007(3)WLN401(1)
Gopal Krishan Vyas, J.1. By way of filing the present writ petition, the petitioner has challenged the notification dt. 19.08.2004 and prayed that the respondents may be restrained from granting any mining lease in pursuance of the notification dt. 19.08.2004. It has been further prayed that the respondents may be directed to grant mining lease to the petitioner in accordance with the law with regard to Block 4-F of Village Ahmadpura, District, Nagaur on the application submitted by petitioner in response to the notification dt. 31.03.2003.2. According to the facts of the case, the State Government in exercise of the power conferred by Section 17-A of the Mines and Minerals (Development and Regulation) Act, 1957 (hereafter referred to as 'the Act of 1957') issued a notification dt. 25.09.1996 reserving entire area in the Nagaur District for mining operations with regard to lime stone, leaving aside 4 areas mentioned in the said notification. The State Government issued another notifica...
Shravan Kumar Vs. State of Rajasthan and anr.
Court: Rajasthan
Decided on: May-09-2007
Reported in: 2007(3)WLN486
Govind Mathur, J.1. The Director of Sanskrit Education Rajasthan, Jaipur by an advertisement No. 4/2003-04 dt. 25.02.2004 invited applications from eligible desirous candidates to be considered for appointment as Sanskrit Teachers against existing 175 vacancies. The petitioner considering himself, submitted an application in the prescribed proforma in pursuant to the advertisement referred above, however, his candidature was not considered by the respondents on the count that he was not possessing the qualification either of M.A. with Sanskrit/Acharya and also Senior Secondary School Certificate with Sanskrit.2. Being aggrieved by the same this petition for writ is preferred contending therein that the petitioner possessed the qualification prescribed under the Rajasthan Sanskrit Education Subordinate Service Rules, 1978 (hereinafter referred to as 'the Rules of 1978') and, therefore, rejection of his candidature was illegal. Relevant to note that the petitioner possessed the qualifica...
Ram Kishan and ors. Vs. the State of Rajasthan
Court: Rajasthan
Decided on: May-08-2007
Reported in: 2007CriLJ2865; RLW2008(1)Raj329
Narendra Kumar Jain, J.1. This appeal, on behalf of three accused-persons, namely, (1) Ram Kishan s/o Pokar Ram, (2) Rohtash alias Pappu s/o Pokar Ram, and (3) Smt. Savita, w/o Babu Lai, is directed against the impugned judgment and order dated 19-4-2004, passed by the Additional Sessions Judge (Fast Track), Behror, District Alwar, in Sessions Case No. 82/2003 (46/2003), whereby the learned trial Court, while acquitting accused-appellants from the offence under Section 302/34, IPC, and appellant Ram Kishan from the offence under Section 4/25 of the Arms Act, convicted and sentenced the appellants under Section 304/34, IPC to undergo 10 years rigorous imprisonment and a fine of Rs. 2,000/- each; in default of payment of fine, each of the accused to further undergo three months additional simple imprisonment.2. Briefly stated, the facts of the appeal are that on 3-7-2003 P.W. 13 Prakash Singh, the nephew of deceased Bhopal, lodged a written-report (Exhibit P-19) at police station Shahaja...
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