Rajasthan Court August 2007 Judgments
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Pradeep Hinger Vs. State of Raj. and ors.
Court: Rajasthan
Decided on: Aug-16-2007
Reported in: RLW2008(1)Raj456
Prakash Tatia, J.1. The petitioner was elected as Member of the Municipal Council, Pali in the month of November, 2004 from Ward No.l1 on the basis of ticket given by the Congress Party and was elected as Chairman of the Municipal Council, Pali on 27.11.2004. The petitioner has been suspended from the post of Chairman,Municipal Council, Pali by the State Government under Section 63(4) of the Rajasthan Municipalities Act, 1959 vide order dated 11.6.2007, hence the petitioner in this writ petition has challenged the order passed by respondent No. 1 dated 11.6.2007 (Annex. II) by which the petitioner has been suspended from the post of Chairman, Municipal Council, Pali.2. According to the petitioner he was discharging the duties with utmost sincerity and honesty. In last more than two and half years of the tenure, no serious complaint of any misconduct has been made against the petitioner except some false complaints made by Shri Gyan Chand Parakh, MLA, Pali. Because of prejudice of rival...
Hari Ram @ Papiya Vs. State of Rajasthan
Court: Rajasthan
Decided on: Aug-16-2007
Reported in: RLW2008(2)Raj1470
Munishwar Nath Bhandari, J.1. This appeal has been preferred by accused appellant against the judgment of Additional District & Sessions Judge (Fast Track), Hanuman-garh dated 1.2.2002 in Sessions Case No. 137/2001.2. The prosecution case was initiated on submission of report by Balwant Singh S/o. Indra Singh to Police Station, Hanumangarh Junction. A typed report was submitted by Balwant Singh on 28.7.2001, at about 9.15 a.m., stating therein that he is resident of Ward No. 1, Sureshiya, Hanumangarh Junction. Hari Ram s/o. Daulat Ram is his neighbor, who usually quarrel with his wife. Yesterday night he heard high pitch noises and when he came out from his house, Kamla and Hari Ram were quarreling with each other. He slept in the night and when he woke up in the morning, Kamla was found dead on her cot. Hari Ram killed Kamla and ran away from the place of occurrence. On the basis of the said report, FIR was registered, bearing No. 498. The case was registered under Section 302 of IPC,...
Sobhag NaraIn Mathur Vs. Sudershan Lal and anr.
Court: Rajasthan
Decided on: Aug-14-2007
Reported in: AIR2008Raj5; RLW2008(1)Raj845
ORDERVineet Kothari, J.1. This revision petition is directed against the order dated 13-2-2006 passed by the learned Additional District Judge No. 2, Ajmer, whereby the learned appellate court held that the suit did not abate on the death of defendant No. 2 Balveer Jain and therefore, his name be deleted from the array of defendants as the right to sue survives with the plaintiff Sudarshan Lal s/o Shri Bhana Ram.2. The facts giving rise to the present revision petition in brief are as under:The present petitioner Sobhag Narain Mathur filed a suit for specific performance against the defendant-Balveer Jain, power of attorney holder of Sudarshan Lal s/o Shri Bhana Ram. The said suit was decreed ex parte on 12-1-1987. Thereafter, the plaintiff Sudarshan Lal filed a Suit No. 117-1989 (new No. 44/1993) against the present petitioner Sobhag Narain Mathur, Balveer Jain and UIT, Ajmer for cancellation of the aforesaid ex parte decree dated 12-1-1987. The said suit was rejected by the trial Cou...
State of Rajasthan Vs. Tej Enterprises and ors.
Court: Rajasthan
Decided on: Aug-14-2007
Reported in: RLW2008(1)Raj397
Mohammad Rafiq, J.1. Heard learned Counsel for the parties.2. The State of Rajasthan has come up in writ petition against the order dated 27.6.1998 passed by the Additional District & Sessions Judge No. 5, Jaipur City, Jaipur in an appeal preferred by respondent No. 1 under Section 6C of the Essential Commodities Act, 1955 (for short, 'the Act of 1955') thereby reversing the order dated 24.11.1997 passed by the District Collector under Section 6A of the said Act confiscating 240 Gas Cylinders.3. Factual matrix of the case is that the District Supply Officer received certain complaints against M/s. Tej Enterprises, having retail outlet of Indian Oil Corporation Ltd. (IOCL) for distribution of Liquid Petroleum Gas (LPG) in the allotted area. These complaints were with regard to the black marketing of gas cylinders and quantity of gas contained in the gas cylinders being lesser than the prescribed quantity is in violation of conditions of the license and the provisions of the Rajasthan Pe...
Sultan and anr. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Aug-14-2007
Reported in: RLW2008(1)Raj676
Shiv Kumar Sharma, J.(1). Maxim 'Falsus In Uno, Falsus In Omnibus' (false in one thing, false in everything) does not apply to criminal trials in India because people of our country are not immuned of exaggerating and twisting facts. Man Singh, the informant of this case is no exception. Finding Arjun Singh murdered, he instead of going to police station, proceeded to Tehsil premises and got the FIR typed wherein 20 persons were named as assailants out of which Investigating Agency indicted only eight before learned Additional Sessions Judge (Fast Track) Behrod District Alwar, who in two separate trials convicted and sentenced six appellants as under:Appellants Ram Swaroop, Kailash, Basanta Ram and Jhabar Mal (in sessions case No. 27/2003 decided on December 12, 2003):Appellants Sultan and Sua Lal (in sessions case No. 43/2004 decided on May 20, 2006):Under Section 302/149 IPC:Each to suffer life imprisonment and fine of Rs. 2000/-, in default to further suffer simple imprisonment for ...
National Bearing Company (Jaipur) Ltd. Vs. State and ors.
Court: Rajasthan
Decided on: Aug-14-2007
Reported in: AIR2008Raj28
ORDERMohammad Rafiq, J.1. The petitioner which is a registered company under the Indian Companies Act, 1956 is challenging the order dated 27-7-1999 passed by the Additional Collector (Stamps), Jaipur by which it was required to deposit stamp duty for registration of its amended Memorandum of Association @ 0.5% ad valorem on the enhanced share capital amount.2. The petitioner-company was incorporated in the name and style of National Bearing Company (Jaipur) Ltd. under the Jaipur Companies Act, 1942 at Jaipur on 13-1-1948 with its registered Office at Jaipur. Clause 5 of its Memorandum of Association prior to the amendment dated 16-10-1998 contained thus:5. The capital of the Company is Rs. 5,75,00,000 (Rupees Five Crores Seventy five lacs) divided into 55,00,000 shares of Rs. 10 each and 25000 shares of Rs. 100 each with power to sub-divide, consolidate and increase or decrease and with power from time to time to issue any share of the original capital or any new capital with the subj...
Rampal Vs. All BrahmIn Swarnkar Panchayat and ors.
Court: Rajasthan
Decided on: Aug-13-2007
Reported in: RLW2007(4)Raj3184
N.P. Gupta, J.1. Heard learned Counsel for the petitioner.2. By the impugned order, the learned trial Court has dismissed the application filed under Order 6 Rule 17 seeking to plead that now since the Rajasthan Rent Control Act, 2001 has become applicable, therefore, the suit cannot be maintained before the Court, as the suit can be filed only before Rent Control Tribunal, and On the grounds enacted in Section 9.3. Learned trial Court has found, that the suit has been filed under the Transfer of Property Act and with promulgation of Rent Control Act, 2001, old Rajasthan Premises (control of Rent and Eviction) Act has been repealed, and even if it is assumed that new Rent Control Act has been applied to the Municipal area, still the suit as originally filed, is to be decided only on the basis of Transfer of Property Act, and the provisions of the Rent Control Act, 2001 cannot apply, as by repealing the old Act, the provisions of new Act are not attracted.4. May be that the reasoning gi...
Akhtar Ali Vs. A.D.J. (Fast Track) and anr.
Court: Rajasthan
Decided on: Aug-13-2007
Reported in: RLW2008(1)Raj274
N.P. Gupta, J.1. Heard learned Counsel for the petitioner.2. By the impugned order, the learned trial Court has dismissed the application filed under Order 6 Rule 17 seeking to plead that now since the Rajasthan Rent Control Act, 2001 has become applicable, therefore, the suit cannot be maintained before the Court, as the suit can be filed only before Rent Control Tribunal, and on the grounds enacted in Section 9.3. Learned trial Court has found, that the suit has been Filed under the Transfer of Property Act, and with promulgation of Rent Control Act, 2001, old Rajasthan Premises (Control of Rent and Eviction) Act has been repealed, and even if it is assumed that new Rent Control Act has been applied to the Municipal area, still the suit as originally filed, is to be decided only on the basis of Transfer of Property Act, and the provisions of the Rent Control Act, 2001 cannot apply, as by repealing the old Act, the provisions of new Act are not attracted.4. May be that the reasoning g...
Dhanna Singh Vs. State of Rajasthan
Court: Rajasthan
Decided on: Aug-13-2007
Reported in: RLW2008(1)Raj644
Shiv Kumar Sharma, J.1. Dhanna Singh, the appellant herein, was put to trial before learned Additional Sessions Judge (Fast Track) No. 1 Bharatpur Camp Deeg, who vide judgment dated September 17, 2003 convicted and sentenced him as under:Under Section 302 IPC:To suffer life imprisonment and fine of Rs. 1000/-, in default to further suffer simple imprisonment for one month.Under Section 201 IPC:To suffer rigorous imprisonment for five years and fine of Rs. 1000/-, in default to further suffer simple imprisonment for one month.The substantive sentences were ordered to run concurrently.2. It is the prosecution case that on July 10, 1990 informant Maya Kaur (Pw.1) submitted a written report (Ex.P-1) at Police Station Sikri to the effect that around 3.30 PM when she along with her brother Balbir Singh was going to village Barbada, they found just ahead of village Lavan, Amar Singh, Dhanna Singh (appellant herein) and Pyar Singh, who obstructed their way. Dhanna Singh was armed with Pharsi w...
Union of India (Uoi) Vs. Perfect Thread Mills Ltd. and anr.
Court: Rajasthan
Decided on: Aug-10-2007
Reported in: 2009(234)ELT49(Raj)
Dinesh Maheshwari, J.1. This appeal has been preferred by the Union of India through the Commissioner, Central Excise, Jaipur-II under the then existing Section 35G of the Central Excise Act, 1944 ('the Act of 1944') being aggrieved by the order dated 28.03.2005 made by the Customs, Excise and Service Tax Appellate Tribunal, New Delhi ('the Tribunal') in Appeals Nos. E/4167- 68/04-NB(SM) reducing the penalty imposed upon the respondent No. 1-assessee under Section 11AC of the Act of 1944 to an amount of Rs. 50,000/- and has set aside the order of imposition of penalty on the General Manager of the respondent-assessee.2. This appeal was admitted on 08.08.2006 while formulating the following substantial question of law:Whether in the facts and circumstances of the case, Section 11AC is applicable to the facts of the present case and leaves any discretion with the authorities under the Act to reduce the penalty at less than equal to the duty determined where it is found that penalty is ot...
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