Rajasthan Court April 2008 Judgments
Guru Nanak Education Society and anr. Vs. Rajasthan Non-government Edu ...
Court: Rajasthan
Decided on: Apr-30-2008
Reported in: RLW2008(2)Raj1588
Govind Mathur, J.1. With an object to provide education to inculcate the values of secularism, tolerance, higher learning, creativity and skills in pursuance of national policy of education, the petitioner society is running a school in the name of 'Guru Nanak Public School' (hereinafter referred to as 'the institute') without getting any aid from the State. The petitioner No. 2 is the Managing Committee of the school and the respondents No. 2 to 9 are in employment of the institute as teachers.2. On lowering down the age of superannuation from 58 years to 55 years, the respondents No. 2 to 9 (hereinafter referred as 'the applicants') preferred an application before the Rajasthan Non-Government Educational Institutions Tribunal, constituted under the Rajasthan Non-Government Educational Institutions Act, 1989 (hereinafter referred to as 'the Act of 1989') claiming the relief as follows:It is therefore, most respectfully prayed that, this Hon'ble Tribunal may graciously be pleased to ca...
Tag this Judgment!Prakash Vs. Smt. Kavita
Court: Rajasthan
Decided on: Apr-30-2008
Reported in: AIR2008Raj111; RLW2008(4)Raj3209
Prakash Tatia, J.1. This misc. appeal has been preferred to challenge the Judgment and decree dated 18-5-2006 by which the Judge.Family Court, Jodhpur decided two petitions, one filed by the appellant Prakash under Section 13 of the Hindu Marriage Act and another filed by respondent Smt. Kavlta under Section 9 of the Hindu Marriage Act. The trial Court dismissed the appellant's petition under Section 13 of the Hindu Marriage Act and granted decree for restitution of conjugal rights under Section 9 of the Hindu Marriage Act in favour of the respondent by the same judgment which is impugned in this appeal.2. Brief facts of the case are that the marriage of the appellant and respondent took places on 9-5-1907 at Jodhpur accord-ing to Hindu rites, According to the appellant, the respondent on the date of marriage itself, disclosed that she does not like appellant and she married appellant only because of the fact that her elder sister's marriage was already fixed and respondent's mother an...
Tag this Judgment!Ram Pal Vs. State of Rajasthan
Court: Rajasthan
Decided on: Apr-30-2008
Reported in: RLW2008(3)Raj2618
R.S. Chauhan, J.1. The appellant has challenged the judgment/order dated 27.03.1986 passed by the Sessions Judge, Jaipur District, Jaipur, whereby the appellant has been convicted for offence under Section 307 and 323 of Indian Penal Code (for short, 'IPC'). For offence under Section 307 IPC, the appellant has been sentenced to two years of rigorous imprisonment alongwith a fine of Rs. 100/- and he was directed to further undergo one month's rigorous imprisonment in default of payment of fine for offence under Section 323 IPC, he bas been sentenced to three months of rigorous imprisonment alongwith a fine of Rs. 100/- and he was further directed to undergo one month of rigorous imprisonment in default of payment of fine. It has also been directed that both the sentences should run concurrently.2. In brief, the facts of the case are that one Mr. Ramphpol (P.W.7) had lodged a written report (Ex.P 4) at Police Station, Jamwa Ramgarh (District Jaipur), wherein he claimed that, 'Ram Karan i...
Tag this Judgment!Pustimargiya Tritiya Peeth Pranyas Shri Dwarkadheesh Mandir and ors. V ...
Court: Rajasthan
Decided on: Apr-29-2008
Reported in: AIR2009Raj9; RLW2008(4)Raj3277
Vineet Kothari, J.1 This writ petition has been filed under Article 227 of the Constitution of India by the defendant Shri Pustimargiya Tritiya Peeth Pranyas Shri Dwarkadheesh Mandir, Kankroli against the order of the learned trial court dated 31.5.2007 whereby the learned trial court while rejecting the application of the plaintiff to tape record the cross-examination of the defendant witnesses, however, directed the defendants witnesses to be produced in the Court for recording of their sample voice to match it with the voice recorded during the course of plaintiffs' witness by the Court in the form of tape recorded voice and to obtain the expert's opinion thereon.2. Since the case pertains to a suit for specific performance based on an oral agreement, the plaintiff produced tape recording of the conversation between the plaintiff and the defendant on issue No. 1 about existence of oral agreement between the parties. The application filed by the plaintiff was considered by the trial ...
Tag this Judgment!Commissioner of Income Tax Vs. Neha Proteins Ltd.
Court: Rajasthan
Decided on: Apr-29-2008
Reported in: (2008)217CTR(Raj)180; [2008]306ITR102(Raj)
N.P. Gupta, J.1. This appeal has been filed by the Revenue, against the judgment of the learned Tribunal, dt. 18th March, 2004 [reported as Neha Proteins Ltd. v. Asstt. CIT (2004) 83 TTJ (Jd) 236.], partly allowing the appeal of the assessee and holding that the assessee is entitled to set off interest earned by it on the deposits of the public issue money, against the expenses incurred for the public issue, and for this finding, the learned Tribunal has relied upon the judgment of the Hon'ble Supreme Court, in CIT v. Bokaro Steel Ltd. : [1999]236ITR315(SC) .2. The appeal was admitted vide order dt. 10th Aug., 2005, by framing the following substantial question of law:Whether in the facts and circumstances of the case, the Tribunal was right in law in holding that interest earned by the assessee from short-term deposits of the share application amount received is not taxable as income from other sources, but is income from profit and gains of business and was liable to be set off again...
Tag this Judgment!Ashok Kumar JaIn Vs. Rfc and ors.
Court: Rajasthan
Decided on: Apr-29-2008
Reported in: RLW2008(3)Raj2382
Shiv Kumar Sharma, J.1. This appeal impugns the judgment dated January 9, 1998 of the learned Single Judge whereby writ petitions filed by Ashok Kumar Jain (present appellant) and three others namely Davendra Kumar Pokarna, Rajeev Ajmera and Shiv Kumar, against the Rajasthan Financial Corporation, (in short RFC), Executive Director of RFC and Selection Committee constituted for selection of Depty Manager (Finance) in pursuance to the advertisement dated September 7, 1991, issued by the RFC, were dismissed and the prayer of appellant to appoint him as Deputy Manager (Finance) on the touchstone of the criteria laid down by the respondents and to award him 20 marks under the head of 'Experience', was rejected.2. The appeal is primarily founded on the ground that if the appellant was given marks according to the formula fixed by the respondents, he would have secured 20 marks under the head of 'Experience'. When 20 marks are added to the marks obtained by the appellant under the three head...
Tag this Judgment!Megha Enterprises Pvt. Ltd. Vs. Official Liquidator (Rathi Alloys and ...
Court: Rajasthan
Decided on: Apr-28-2008
Reported in: AIR2008Raj138; RLW2009(1)Raj316
ORDERShiv Kumar Sharma, J.1. This application raises an important question which relates to interpretation of Section 55(1)(d) of the Transfer of Property Act, 1882 (for short the 'TP Act').2. Contextual facts depict that in Company Petition No. 36/2000, the land, building, plant and machinery existed at Plot No. 204 and 204-A M.I. Area, Alwar belonging to M/s. Rathi Alloys and Steel Ltd. (company in liquidation) were put to auction. The highest bid of Rs. 48.20 crores raised by Megha Enterprises Pvt. Ltd. applicant herein, was approved and confirmed by this Court vide order dated November 27, 2007. The applicant deposited the amount with the Official Liquidator (for short OL) on December 11, 2007 and January 3, 2008 through demand drafts. However, the applicant vide letter dated January 4, 2008 requested the OL to execute conveyance in favour of applicant's nominee viz. M/s. Havells India Ltd. when OL did not accede the request, instant application has been filed seeking direction to ...
Tag this Judgment!Babu Lal Vs. Karamveer and ors.
Court: Rajasthan
Decided on: Apr-28-2008
Reported in: RLW2008(4)Raj3566
Mohammad Rafiq, J.1. Heard learned Counsel for the parties.2. This appeal has been preferred by Babulal dissatisfied with the quantum of compensation awarded by the Motor Accident Claims Tribunal, Jaipur.3. The appellant was driving scooter RNX-8076 with his brother in law when the truck owned by respondent No. 2 and driven by respondent No. 1 hit the said scooter on 28.6.1994. As a result of the said accident, the appellant sustained four injuries leading to 13% permanent disablement.4. Shri Shobhit Tiwari, learned Counsel for the appellant has argued that the Tribunal has awarded a consolidated amount of Rs. 20,000/- for the permanent disability whereas the Tribunal itself on the basis of salary certificate of the appellant awarded to him a sum of Rs. 15,700/- as the loss of income for unpaid medical leave of 113 days. It was argued that the appellant after retirement from the present service of Rajasthan State Road Transport Corporation due to the permanent disability of 13% would f...
Tag this Judgment!Narsa Ram and ors. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Apr-28-2008
Reported in: 2008CriLJ4622; RLW2008(4)Raj2981
Chandra Bhagwati, J.1. This criminal appeal is directed against the judgment dated 5th of November, 1988 passed by the Addl. Sessions Judge, Bali whereby the learned Addl. Sessions Judge has convicted the accused Narsaram in the offences under Sections 326 and 323/34 of the Indian Penal Code and the co-accused persons namely Moda Ram, Ummed Singh and Mohan Lal, in the offence under Sections 326/34 and 323/34 IPC and sentenced them to a period of two years' Rigorous Imprisonment, with a fine of Rs. 1,000/-. In default of payment of fine, to undergo a further rigorous imprisonment of three months for offence under Section 326 IPC and three months simple imprisonment for the offfence under Section 323/34 IPC. Both the sentences have been ordered to run concurrently.2. For an occurrence which took place on 25th of February, 1984 at about 1.00 AM in village Chamunderi, Juxtaposed to the shop of Narsa Ram, four accused persons namely, Narsa Ram, Moda Ram, Mohan Lai and Ummed Singh were charg...
Tag this Judgment!Mukti (Smt.) and anr. Vs. Shri Happu Singh and ors.
Court: Rajasthan
Decided on: Apr-28-2008
Reported in: RLW2008(4)Raj3556
Mohammad Rafiq, J.1. Heard learned Counsel for the parties.2. These two appeals are directed against the award of the Tribunal dated 24.9.1999 passed by M.A.C.T., Hindaun City. While Appeal No. 1594/99 has been filed by the claimant, the appeal No. 494/2000 has been filed by the insurance company. The claimant appellant has questioned the correctness of the quantum of compensation on the ground that even though it was proved by Ex.8 that the deceased himself was having the agriculture land of eight and a half bigha and that he was earning a sum of Rs. 2500- 3000 per month, yet the Tribunal did not accept that proof and computed the compensation on estimated notional income of the deceased at Rs. 15,000/- per annum and out of that also 50% of the amount was deducted which according to the Tribunal, the deceased would have spent on himself. It was argued that when Smt. Mukti PW-1 widow of the deceased has stated that her husband was earning Rs. 80-90 per day, there was no basis for the T...
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