Rajasthan Court July 2007 Judgments
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Harbhajan Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jul-09-2007
Reported in: RLW2008(1)Raj115
Shiv Kumar Sharma, J.1. Harbhajan, appellant herein, was put to trial before the learned Additional Sessions Judge (Fast Track) No. 2, Jaipur City, who vide judgment dated August 29, 2002 convicted and sentenced the appellant under Section 302 IPC to suffer imprisonment for life and fine of Rs. 1000/-, in default to further suffer one year rigorous imprisonment.2. It is the prosecution case that on September 23, 2000 informant Om Prakash @ Pappu (PW. 4) submitted a written report (Ex. P-4) at Police Station Sodala Jaipur stating therein that on the said day in the afternoon while he was sitting at his Tea-shop he saw that many persons were going towards his house. On reaching his house his mother told him that his tenant Harbhajan Singh killed his wife Sheela. On that report case under Section 302 IPC was registered and investigation commenced. On completion of investigation charge sheet was filed. In due course the case came up for trial before the learned Additional Sessions Judge (F...
Ramesh Khatnani Vs. Union of India (Uoi) Through Collector (Customs)
Court: Rajasthan
Decided on: Jul-09-2007
Reported in: 2008(226)ELT183(Raj); RLW2008(1)Raj402
Mohammad Rafiq, J.1. Under challenge in this writ petition are seizure memo dated 18.12.1993, confiscation order passed in relation thereto by the Commissioner Customs & Central Excise, Jaipur dated 27/30.10.1995 and the order of the Customs, Excise and Gold (Control) Appellate Tribunal, New Delhi (in short, 'Tribunal') dated 26.12.1997 whereby the said Tribunal while dismissing the appeal of the petitioner upheld the aforementioned order of the Commissioner.2. Factual matrix of the case is that the Customs officials of Udaipur and Jodhpur range jointly conducted search of the shop and residential premises of the petitioner and prepared a Panchnama/Seizure Memo and seized eight foreign marked gold biscuits, 1067 US Dollars, 15 Singapore Dollars and Indian Currency worth Rs. 11,10,000/-. Statement of the petitioner under Section 108 of the Customs Act 1962 (for short, 'Act') was recorded on 19.12.1993. A show cause notice dated 3.6.1994 was issued to the petitioner as to why (a) eight g...
University of Rajasthan Vs. Dr. S.C. Gupta and ors.
Court: Rajasthan
Decided on: Jul-09-2007
Reported in: RLW2008(1)Raj412
R.C. Gandhi, J.1. This appeal has been preferred under Section 18 of the Rajasthan High Court Ordinance 1949 against the order dated 5.5.1999 passe in Civil Misc., Application No. 231/1997.2.1. Brief facts of this case are that the petitioner was working as Associate Professor in the University of Rajasthan. A seniority list of Associate Professor was declared. In the said seniority list, name of the petitioner was not shown. Being aggrieved with this, the petitioner approached the Court by way of filing S.B. Civil Writ petition No. 1329/1991 seeking a directions that his name be included in the list of candidates interviewed for the post of Associate Professor (Reader). The said Writ petition came to be allowed vide order dated 16.10.1992 directing respondent-University to include the petitioner's name in the list of candidates interviewed by the University of Rajasthan for the post of Associate Professor (Reader) under the Rules governing the department of Economic Administration and...
Guru Govind Singh Gurudwara Singh Sabha Samiti Vs. State of Rajasthan ...
Court: Rajasthan
Decided on: Jul-09-2007
Reported in: 2007(3)WLN274
Prakash Tatia, J.1. Heard learned Counsel for the parties.2. According to the petitioner, the Electricity Board even did not required the land dt. 22.11.2002 by which the Board of Revenue dismissed the appeal preferred by the petitioner and allowed the private respondents/defendants' appeal and decreed the counter claim of the defendants and declared the defendants as khatedar tenant of the land in dispute.3. Brief facts of the case are that the plaintiff/petitioner filed a suit under Section 183 of the Rajasthan Tenancy Act claiming that the land in question is the land of Gurudwara and Mandir and the land is recorded so in the revenue record particularly, in jamabandi of Samwat Year 2048. The plaintiff pleaded that Moti Singh S/o Mansha Singh was looking after the land of Gurudwara and Temple. After the death of Moti Singh, the land was given to defendant Manmohan Singh so that the land can be cultivated. Said Manmohan Singh, since gave threat that he will alienate the land in questi...
Ramji Lal Alias Ramjya Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Jul-06-2007
Reported in: 2007CriLJ3475
R.S. Chauhan, J.1. Convicted and sentenced for offences under Sections 148, 302/149, 395/396, 376/149 and 323/149, IPC, having served 9 years, 6 months and 13 days, the petitioner had hoped for being released on first regular parole. However, vide order dated 29-3-2005, the Advisory Committee dismissed the case of the petitioner for parole. Hence this petition before this Court.2. The brief facts of the case are that vide judgment dated 12-8-2004, the petitioner was convicted and sentenced for the above mentioned offences. As of 25-4-2007, the petitioner has served the sentences of period 9 years, 6 months and 13 days including remission. Since he was eligible under Rule 9 of the Rajasthan Prisoners (Release on Parole) Rules, 1958 (hereinafter to be referred as 'Rules of 1958'), he had applied for his first regular parole. However, the Advisory Committee rejected his application ostensibly on the ground that the Superintendent of Police and the Social Welfare Officer have submitted adv...
Suncity Industries Ltd. Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Jul-06-2007
Reported in: RLW2007(4)Raj3049
Gopal Krishan Vyas, J.1. By this writ petition the petitioner company, which is duly registered under the Companies Act, 1956 and carrying on business of manufacture and sale of vegetable oil and de-oiled cakes, is challenging the impugned order/decision dated 13.03.2001 (Annex.-9) which is communicated to the petitioner vide Annex.-8 dated 17.05.2002. The petitioner has also prayed for quashing Annex.-4 passed by Deputy Director, Industries on 07.06.1997.2. According to the facts narrated in the petition, the petitioner company was set up for manufacture of vegetable oils and applied for availing subsidy under the notification dated 05.09.1990, known as State Capital Investment Subsidy Scheme 1990. Upon application filed by the petitioner company, the State Level Committee constituted under the Subsidy Scheme held the petitioner company entitled for subsidy in its meeting held on 15.05.1996 and, in pursuance of that decision taken in the meeting of the committee, a sanction letter was...
Shreya's India (P.) Ltd. Vs. Samrat Industries (P.) Ltd.
Court: Rajasthan
Decided on: Jul-06-2007
Reported in: [2009]150CompCas103(Raj); [2007]80SCL131(Raj)
ORDERDalip Singh, J.1. This is a petition filed by Shreya's India Private Limited ('the transferee Company') under Section 391 of the Companies Act, 1956 for obtaining sanction of a Scheme of arrangement and consequential advantages in terms of Sections 391 -394 of the Companies Act, 1956 for amalgamation of the transferee Company with Samrat Industries Private Limited ('the transferor company').2. The transferor Company was incorporated under the name of SMS Polymers Pvt. Ltd. on 31 -7-1998 with the Registrar of Companies, Rajasthan, which was subsequently changed to Samrat Industries Pvt. Ltd. on 9-7-1999, as would be evident from the Memorandum and Articles of Association. It would have an authorized share capital of Rs. 1,50,00,000 divided into 5,00,000 equity shares of Rs. 10 each and 10,00,000 lakhs preferential shares of Rs. 10 each. The issue subscribed and paid up capital of transferor company is 5,00,000 equity shares of Rs. 10 each fully paid up and 5,00,040 preferential sha...
Sunil Kumar Vs. State of Raj. and ors.
Court: Rajasthan
Decided on: Jul-06-2007
Reported in: RLW2008(1)Raj185
R.S. Chauhan, J.1. The petitioner has challenged the order dated 13.2.06 passed by the Advisory Committee constituted under the Rajasthan Prisoners Release (Transfer to Open Air Jail) Rules, 1972 (henceforth to be referred to as 'the Rules) whereby the Committee had rejected the petitioner's case for being transferred from the Central Jail, Jaipur to an Open Air Camp in Jaipur.2. The brief facts of the case are that the petitioner was tried, convicted and sentenced for offence under Section 302/49 IPC by the Sessions Judge, Jhunjhunu vide judgment dated 11.10.2000. The petitioner had preferred an appeal before this Court. However, the same was dismissed vide judgment dated 18.12.98. It is the petitioner's case that so far he has completed eight years of imprisonment, that he is the only son of Smt. Sugani Devi who is suffering from hypertension and asthma for the last ten years. During the period of incarceration, his conduct in the jail has been good. Since there is no one to look aft...
Paras Ram Vs. State of Raj. and ors.
Court: Rajasthan
Decided on: Jul-06-2007
Reported in: RLW2008(1)Raj163
R.S. Chauhan, J.1. Confined within the stone walls of the Central Jail, Bharatpur, having spent six years, nine months and twenty eight days in captivity, the petitioner had hoped that he will be granted first regular parole under Rule 9 of the Rajasthan Prisoners (Release on Parole) Rules, 1958 (henceforth to be referred to as 'the Rules'). However, the District Parole Advisory Committee in its meeting held on 2.3.2007 rejected the case of the petitioner ostensibly on the ground that the Superintendent of Police had submitted an adverse report against the petitioner. Hence this petition before us.2. The brief facts of the case are that vide judgment dated 16.9.03 the petitioner was convicted for offences under Section 302/34 IPC and was sentenced to life imprisonment by the Special Judge (SC/ST Cases), Sawai Madhopur. As on 13.4.07 the petitioner has spent 6 years 9 months and 28 days including the jail and the State remission earned by him. Since the petitioner's conduct was good in ...
Kunji Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jul-06-2007
Reported in: RLW2008(1)Raj145
Shiv Kumar Sharma, J.1. Kunji, (appellant herein) and his two minor sons were named as accused in the FIR lodged on September 1, 1997. Charges under Sections 302/34,341/34 and 323/34 IPC however could not be established against minor sons and learned Juvenile Court acquitted them. Appellant was however found guilty under Sections 302/34 and 323 IPC and learned Additional Sessions Judge Dholpur convicted and sentenced him. In this back drop, following question emerges for our consideration:Whether a person could be convicted of aiding and abetting an offence even though other offenders had been acquitted on the same evidence in another trial?2. Gangadhar (since deceased) Kunji (appellant), Rammu (PW. 3) and Charan Singh were real brothers. On September 1, 1997 at 10 AM while Gangadhar and Rammu had been ploughing the field jointly owned by four brothers, Kunji, and his three sons viz. Panna Lal, Niroti and Dhan Singh came to the field and asked Ganga Dhar and Rammu to leave the field. A...
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