Rajasthan Court July 2007 Judgments
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Goverdhan Das Keswani Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Jul-18-2007
Reported in: RLW2008(1)Raj424
1. This writ petition in the nature of public interest litigation, inter-alia, raises a grievance concerning illegal slaughtering, migration, export and transportation of bovine animals.2. The following prayers have been made.(i) Direct the respondents to stop slaughtering, migration, export and transportation of cows, calves and other milch and drought cattle immediately;(ii) Direct the respondents to take action against the policy personnels who tried to suppress/destroy the evidence in slaughtering of such animals.(iii) To recommend the state for minimum sentence of 10 years rigorous imprisonment and fine of Rs. 1,00,000/-instead of minimum sentence of 1 year rigorous imprisonment and fine as provided under Section 10 of the Act of 1995 and the vehicle involved in such cases should not be released so lightly, rather it should be dealt with as releasing the vehicle in Forest Act.(iv) Any other appropriate writ, order or direction which your Lordships may deem fit and proper in the fa...
Ramesh Vs. Mufeed Ahmed and ors.
Court: Rajasthan
Decided on: Jul-18-2007
Reported in: 2008(1)WLN461
Ashok Parihar, J.1. Appellant has prayed for enhancement of compensation awarded by the Tribunal vide order dt. 24.04.2001 by which in a case of injury, the Tribunal has awarded a sum of Rs. 83,236/-.2. After hearing learned Counsel for the parties, I have carefully gone through the material on record.3. At the time of accident, the appellant was a bachelor of the age of 22 years. As per medical report, he sustained 10% permanent disability. He was also a graduate and could not get admission in M.A. because of the accident. Apart from other injuries, he also sustained fracture of pelvis bone of hip and after operation, a rod had to be inserted. Due to above injuries, he had to suffer not only mental agony and humiliation because of limp in the leg, but his future prospects have also been affected. He will have to face many difficulties in life more particularly been bachelor. The Tribunal appears to have computed the compensation without considering above aspects. Considering the age, ...
Banswara Syntex Ltd. Vs. Union of India (Uoi) and ors.
Court: Rajasthan
Decided on: Jul-17-2007
Reported in: RLW2007(4)Raj2995
Rajesh Balia, J.1. Heard learned Counsel for the parties.2. The petitioner has challenged the order of revisional authority annexure 5 dated 31st July 2006 withdrawing the claim to rebate on exports of goods manufactured by the petitioner relating to education cess payable under the Finance Act, 1994 which came into effect w.e.f. 9/7/2004 in terms of Sections 91, 92 and 93 of the said Act of 1994.3. The petitioner is engaged in the manufacture of yarn, gray fabrics and in getting man made fabrics processed. The applicant has filed refund claim under Rule 18 of the Central Excise Rules, 2002 for claiming rebate on Excise Duty paid during the period from 9/7/2004 to 5/9/2004 including amount of education Cess paid under the aforesaid provisions of Finance Act, 1994 on export of man made processed fabrics.4. The claim to rebate was sanctioned by learned Deputy Commissioner.5. Against the order of Deputy Commissioner, Central Excise, an appeal was preferred before the Commissioner (Appeals...
Prabhat Bhatnagar Vs. State and ors.
Court: Rajasthan
Decided on: Jul-17-2007
Reported in: 2007CriLJ4349
ORDERR.S. Chauhan, J.1. The complainant-petitioner has challenged the order dated 9-6-1998 passed by the Additional Chief Judicial Magistrate (Sr. Div.) No. 3, Jaipur City, Jaipur whereby the learned Magistrate has dismissed the protest petition filed by the petitioner and has accepted the Final Report filed by the investigating agency.2. The brief facts of the case are that the petitioner had an ancestral property in the form of a residential house situated at Municipal House No. 4531 and 4532, Sikattar Ji Ka Chowk, Kundigaron Ke Bheron Ji Ka Rasta, Johari Bazar, Jaipur. According to the petitioner, the said house was constructed by his grandfather namely Munshi Kripa Shankar Bhatnagar, in between 1910-1915, Shri Kripa Shankar Bhatnagar died in the year 1937, leaving behind two sons and a daughter namely Sh. Prakash Narain Bhatnagar, the petitioner's father, Sh. Kailash Narain Bhatnagar, the petitioner's uncle and also Smt. Sushila Devi, the petitioner's aunt. The said house is known ...
Dinesh Chandra Swami Vs. A. Mohammad Madani
Court: Rajasthan
Decided on: Jul-17-2007
Reported in: RLW2007(4)Raj3452
K.C. Sharma, J.1. The question that squarely falls for consideration in this contempt petition is whether the observation made by the High Court while dismissing the appeal and directing the parties to file a civil suit for adjudication of the dispute could be construed as a direction to the trial Court to decide the suit in a particular manner in violation of which he could be hauled up for contempt of court.2. The circumstance under which the aforesaid question arises, emerges out of a petition for a contempt filed by the applicant against the Additional District & Sessions Judge No. 2, Jaipur City, Jaipur Shri K. Mohammad Madani on the ground that the respondent-contemner, while deciding the suit for partition between the plaintiff-applicant and the defendant, did not decide it as per the observations made by the learned Judges in D.B. Civil Special Appeal No. 54/1994.3. It appears that one Mr. Prakash Chandra Swami, the Predecessor of the applicant, as karta of the joint family, ha...
Ranjeet Gayan @ Manik Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jul-17-2007
Reported in: RLW2008(1)Raj45
Shiv Kumar Sharma, J.1. Ranjeet Gayan @ Manik, appellant herein, was put to trial before the learned Special Court (Sati Nivaran) Rajasthan Jaipur and Additional Sessions Judge Jaipur, who vide judgment dated April 1, 2003 convicted and sentenced him under Section 302 IPC to suffer imprisonment for life and fine of Rs. 500/-, in default to further suffer three months simple imprisonment.2. It is the prosecution case that informant Ramesh Chand Sharma handed over a written report to the police at SMS Hospital Jaipur wherein he stated that he belonged to village Hingonia, District Jaipur and he had four brothers viz. Sita Ram, Ram Prasad, Ram Swaroop and Ram Murti. They were having a Restaurant which was being run by Ram Swaroop and Ram Murti. In November, 2001 Ram Murti took a contract for running a Canteen in Shobha Nagar near National Medical College Achrol. Appellant, who was employee of the Restaurant, accompanied Ram Murti to help him to run the canteen. Because of loss in the Cant...
Raju Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jul-17-2007
Reported in: RLW2008(1)Raj55
Shiv Kumar Sharma, J.1. Challenge in this appeal is to the judgment dated November 29, 2002 of the learned Additional Sessions Judge Ramganj Mandi District Kota, whereby the appellant was convicted and sentenced as under-Under Section 302/34 IPC:To suffer imprisonment for life and fine of Rs. 500/-, in default to further suffer six months simple imprisonment.Under Section 342 IPC:To suffer rigorous imprisonment for one month.Sentences were directed to run concurrently.2. It is the prosecution case that on June 5, 2001 informant Bhuli Bai (PW. 1) arrived at Police Station Kanwas at 10.30 AM and orally apprised that after the death of her son Chhitar some 12 years back his wife Bali Bai entered into Nata-marriage with Kanhaiya. Both Kanhaiya and Bali Bai wanted to grab the hut belonging to Chhitar which was mortgaged with Bheema (since deceased). Around 10 AM on the said day while the informant and Bheema were proceeding towards police station to lodge the report in that regard, they wer...
Chandra Bai Vs. Khandal Vipra Vidyalay Samiti and ors.
Court: Rajasthan
Decided on: Jul-17-2007
Reported in: AIR2008Raj1
R.C. Gandhi, J.1. This Special Appeal has been preferred under Section 18 of Rajasthan High Court Ordinance, 1949 against the judgment dated 28-5-1991 passed by the learned single Judge whereby he set aside the judgment and decree dated 11-12-1979 and also reversed the findings of the trial Court arrived at vide order dated 26-11-1979 dismissing the application of respondent No. 1 assignee/buyer of the suit property filed under Order 22, Rule 10 of Code of Civil Procedure.2. The brief facts necessary for the disposal of the appeal are that some property of Nawab Moazzam Ali Khan was declared as evacuee property. He was not having any means to litigate and get it deleted from the record as an evacuee property. He executed an agreement dated 8-2-1957 with Asgar Hussain of Allahabad that Asgar Hussain will contest the proceedings before the authorities for deletion of the property and in turn shall be entitled to 1/4th share of the property so deleted from the record of the evacuee proper...
Usha Sharma (Smt.) Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Jul-17-2007
Reported in: RLW2008(1)Raj418; 2008(3)SLJ463(Raj)
R.M. Lodha, J.1. The unsuccessful petitioner is in appeal. For the sake of convenience, we shall refer the appellant, 'the petitioner' here-in-after. The petitioner claims to have secured second class marks at the level of post graduation. She is also B.Ed. She is working on the post of Teacher Grade HI and is said to have completed 15 years service as Teacher Grade III.2. Rajasthan Public Service Commission (for short 'the Commission') issued an advertisement (3/2004-05) dated 18.8.2004 calling for applications for the post of Teachers Grade I in different subjects. Particularly, for the post of Teacher Grade 1 (Hindi), total 309 posts were advertised out of which 112 posts were kept for general caste male candidates and 47 posts were reserved for female general caste candidates.3. For a total 309 posts of Teacher Grade I (Hindi), more than 15000 applications we received. The written examination, accordingly, was conducted by the Commission in which about 15000 students are said to ha...
Ghewar Ram Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jul-17-2007
Reported in: RLW2008(1)Raj801
Deo Narayan Thanvi, J.1. This is an appeal against the judgment of learned Special Judge, NDPS Act Cases, Jodhpur, whereby he convicted accused appellant Ghewar Rain for the offence Under Section 8/15 of the Narcotic Drugs & Psychotropic Substances Act, 1985, (hereinafter referred-to as 'the Act') and sentenced him to ten years' rigorous imprisonment and to pay a fine of Rs. one lac and in default, to further undergo one year's R.l.2. The Charge against the accused was that on 9.4.2004 when Shri Rajendra Singh Chaudhary, S.H.O., Police Station, Khedapa conducted raid on the field at village Kasti Birai, accused Ghewar Ram alongwith Hanuman Ram and Naina Ram were standing there and were counting bags and on seeing the police, Hanuman and Naina Ram ran away from the spot but accused Ghewar Ram was present there. On search, 10 bags were found outside the pit and 22 bags in the pit. In all, there was 519 kgs. poppy straw, for which the accused was having no licence. The sample of 500 gms. ...
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