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Rajasthan Court February 2008 Judgments

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Feb 01 2008

Soma-bscpl, Jv Vs. State of Rajasthan and ors.

Court: Rajasthan

Decided on: Feb-01-2008

Reported in: RLW2008(2)Raj1736

Gopal Krishan Vyas, J.1. By this writ petition, the petitioner is challenging the order/direction dated 04.12.2007 (Annex.-P/13, P/14) and order/direction dated 01.12.2007 (Annex.-P/15). It is further prayed by the petitioner that actions, conducts and functionings of respondent No. 5 contractor may be held illegal, unjust and unconstitutional in collection of tax from the registered dealer (like the petitioner) and in insistence of submission of copy of VAT invoice/invoice. The petitioner has also prayed that tax collected illegally so far by respondent No. 5 contractor from the petitioner may be ordered to be deposited immediately with the respondent department of Commercial Taxes and the same may be ordered to be adjusted from the ultimate tax liability of the petitioner.The facts narrated in the writ petition are that the petitioner is a joint venture created by two companies viz., SOMA Enterprise Ltd. and B. Seenaiah Company Ltd, both registered under the provisions of the Compani...


Feb 01 2008

Sarita Upneja (Dr.) (Smt.) Vs. State of Rajasthan and anr.

Court: Rajasthan

Decided on: Feb-01-2008

Reported in: 2008CriLJ3097; RLW2008(2)Raj1766

Prakash Tatia, J.1. Heard learned Counsel for the parties.In an unfortunate incident happened on 19.1.2001 in Shakuntala Nursing Home, Sri Ganganagar, Smt. Manju Devi died after giving birth to a girl child on 15.1.2001. A FIR was lodged on the same day, 19.1.2001 by one Nanak Chand Singhal s/o Durga Prasad Agarwal, a relative of deceased Manju Devi. The case was registered and thereafter, post mortem was also conducted and the post mortem report dated 19.1.2001 was obtained by the prosecution. The post mortem says as under:Conclusion - In the opinion of the Board the cause of death is Haemorrhagic shock due to injury of Rt Formix of Vagina and Rt side Cervix (tear) leading to huge Haematoma in Rt Brood ligament Extending Retro peritoreally in Pelvis and upto lower Pole of Kidney and Bladder base.2. A medical board was also constituted who gave its interim report on 23.1.2001. The statement of various witnesses were recorded under Section 161 CrPC wherein the statements of Dr. K.L. Gup...


Feb 01 2008

Ramesh Chandra JaIn and anr. Vs. State of Rajasthan and anr.

Court: Rajasthan

Decided on: Feb-01-2008

Reported in: 2008CriLJ2759

ORDERRaghuvendra S. Rathore, J.1. This Criminal Misc. Petition under Section 482, Cr. P.C. hat, been filed against the order dated 31-7-2001 passed by the learned ACJM Kishangarh, District, Ajmer, whereby he has framed charge against the petitioners for the offence under Section 7/16 of the Prevention of Food Adulteration Act, 1954 as well as the order dated 18-2-2002 passed by the Additional Sessions Judge, Kishangarh, District Ajrner in the revision petition confirming the aforesaid order passed by the learned Magistrate.2. Broadly speaking, the facts of the case are that Ajmer Bottling Private Ltd. Parabatpura, Ajmer is a Private Ltd. Company, which had been registered under the Indian Companies Act. The said Company was producing aerated water and cold drinks. The petitioners and Shri E. N. Contractor were the promoters of the aforesaid Company. The article of association and the memorandum of association of the Company also mentioned the present petitioners as its promoters.3. The...


Feb 01 2008

Bholu Alias Hanuman and ors. Vs. State of Rajasthan

Court: Rajasthan

Decided on: Feb-01-2008

Reported in: 2008CriLJ3744

Raghuvendra S. Rathore, J.1. The accused-appellants, by this appeal under Section 374, Cr.P.C. have sought to challenge the judgment dated 2-11-1985 passed by the learned Additional Sessions Judge, Dausa, District Jaipur by which they have been convicted and sentenced as under:______________________________________________________________________________________|S. No.| Accused | Conviction | Sentence ||______|__________|______________|____________________________________________________|| 1 |Bholu @ | Under Section| 4 years' R.I. and a fine of Rs. 400/- in || |Hanuman & | 307 IPC | default of which to further undergo || |Ratan Lal | | 6 months' R.I. ||______|__________|______________|____________________________________________________|| | | Under Section| 2 years' R.I. and a fine of Rs. 200/- in default || | | 324/149 IPC | of which to further undergo 3 months' R.I. ||______|__________|______________|____________________________________________________|| | | Under Section| 1 year...


Feb 01 2008

Hari Ram Vs. Official Liquidator of Amfort Agro Finance Ltd.

Court: Rajasthan

Decided on: Feb-01-2008

Reported in: [2008]88SCL236(Raj)

ORDERAjay Rastogi, J.1. Company Application No. 25/2000 in Company Petition No. 1/95 was decided by this Court on 1-3-2001.2. It was observed that applicant Hari Ram and Anr. were shown in the list of debtor and notice was initially served in the office of Official Liquidator for demand of a sum of Rs. 1,90,000 with interest at the rate of 12 per cent per annum dated 24-9-1999 which was duly served upon them. The notice and postal acknowledgement receipt were also placed on record. Since the present applicant failed to make payment despite notice being served, application was filed by the Official Liquidator under Sections 446 and 447 of Companies Act, 1956. Notices were issued of the aforesaid application, which as per the office report, was issued and duly served upon the present applicant Hari Ram on 12-12-2000. Since he failed to appear despite service of Company Application No. 25/2000, this Court passed the order on 1 -3-2001- operative portion whereof is reproduced as under:Unde...


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