Rajasthan Court April 2008 Judgments
Dilip Singh Vs. State of Rajasthan
Court: Rajasthan
Decided on: Apr-28-2008
Reported in: RLW2008(4)Raj3075
R.S. Chauhan, J.1. The appellant has challenged the judgment dated 31.7.85 passed by the Sessions Judge, Jhunjhunu whereby the learned Judge has convicted the appellant for offences under Sections 376 and 457 of Indian Penal Code ('IPC' for short). For offence under Section 376 IPC, the appellant has been sentenced to four years of rigorous imprisonment and has been imposed with a fine of Rs. 100/- and to further undergo one month's rigorous imprisonment in default thereof. For offence under Section 457 IPC, he has been sentenced to two years rigorous imprisonment and has been imposed with a fine of Rs. 100/- and to further undergo one month's rigorous imprisonment in default thereof.2. In a nutshell, the facts of the case are that for an incident that allegedly took place on 10.3.84, the prosecutrix (PW. 1) lodged a written report at Police Station Pilani on 14.3.84 wherein she claimed 'that her husband is serving in the Army. She lives alone with her two children in her farm. Her fat...
Tag this Judgment!Labh Chand Bohra Vs. Income Tax Officer
Court: Rajasthan
Decided on: Apr-28-2008
Reported in: (2008)219CTR(Raj)571
N.P. Gupta, J.1. This appeal by assessee, is against the judgment of the Tribunal dt. 24th Sept., 2004, affirming the order of learned CIT(A), who in his turn had added a sum of Rs. 1 lac (Rs. 50,000 + Rs. 50,000), in respect of cash credits, in the name of Dharm Sudhir and Vijay Kumar. The appeal was admitted on 17th Oct., 2005, by framing the following substantial questions of law:1. Whether in view of the findings of the Tribunal, that identity of the creditors Dharm Sudhir and Vijay Kumar is established; that their confirmation has come; that they have also confirmed the credit by making statements on oath and that transactions took place through bank accounts and through cheques, the impugned finding about non-genuineness of the credit is wholly perverse and stands completely vitiated?2. Whether the onus to prove source of credit i.e. the origin of the origin was upon the assessee and whether the same can be used against the assessee?3. Whether the finding of the Tribunal that cre...
Tag this Judgment!Sampat (Mst.) and ors. Vs. Jagdev Singh and ors.
Court: Rajasthan
Decided on: Apr-28-2008
Reported in: RLW2008(4)Raj3571
Mohammad Rafiq, J.1. Heard learned Counsel for the parties.2. This appeal has been preferred by the claimants being dis-satisfied with the quantum of compensation and seeking enhancement thereof.3. Learned Counsel for the appellants has argued that learned Tribunal has recorded an incorrect finding as to the contributory negligence of the deceased who was riding a bicycle. Learned counsel argued that the learned Tribunal recorded a wrong finding on Issue No. 2 that deceased Ramjilal was riding the bicycle in rash and negligent manner. While there was no proof of the fact, learned Tribunal misread and misconstrued the statement of AW-1 Nathu who is father of the deceased and AW-2 Sheoji, eye-witness to the incident.4. Learned counsel submitted that even though the income of the deceased was asserted to be sum of Rs. 1,500/- per month, learned Tribunal did not accept that income and treated the notional income of the deceased to be Rs. 15,000/- per annum as per Schedule II to the Motor V...
Tag this Judgment!Bhag Chand S/O Buta Ram Sindhi Vs. Addl. Distt. Judge No. 5 and ors.
Court: Rajasthan
Decided on: Apr-25-2008
Reported in: RLW2008(3)Raj1857
ORDERNarendra Kumar Jain, J.1. Heard learned Counsel for the petitioner.2. Defendant-petitioner, in this writ petition, has challenged the order dated 29th January, 2004 (Annexure-1), passed by the Civil Judge (Junior Division), Kota, whereby the application filed by the plaintiff-respondents under Section 7 of the Rajasthan Premises (Control of Rent & Eviction) Act, 1950 (hereinafter shall be referred to as 'the Old Act') was allowed and the provisional rent of the rented premises at the rate of Rs. 1600/- per month was determined with effect from 1st May, 2002 and the appellate court's order dated 9th September, 2004 dismissing the appeal of the tenant-defendant.3. The plaintiff filed a suit under Section 6 of the Old Act in the trial court against the defendants for determination of rent of the rented premise wherein it was pleaded that the disputed shop measuring 20' x 12' was let out to the defendant No. 1 at the monthly rent of Rs. 300/- about 35 years ago and at present the mont...
Tag this Judgment!Ram Charan and ors. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Apr-25-2008
Reported in: RLW2008(3)Raj2040
Raghuvendra S. Rathore, J.1. This criminal appeal, under Section 374(2) Cr.P.C, has been filed by the accused-appellants against the judgment dated 15.6.85 passed by Additional Sessions Judge, Baran, in Sessions Case No. 10/83, whereby he has convicted them as under:_________________________________________________________________________________S. No. Accused Conviction Sentence_________________________________________________________________________________1 Ram Charan Under Section 148 IPC 6 months' R.I. and a fine of Rs.500/- in default of which tofurther undergo 1-1/2 R.I.Under Section 326 IPC 3 years R.I. and a fine of Rs.3,000/- in default of which tofurther undergo 9 months' R.I.Under Section 324/149 IPC 6 months' R.I. and a fine of Rs.500/- in default of which tofurther undergo 1 month's R.I.Under Section 323/149 IPC 3 months' R.I. and a fine of Rs.100/- in default of which tofurther undergo 15 days R.I.2 Balram Under Section 148 IPC 6 months' R.I. and a fine of Rs.500/- in de...
Tag this Judgment!Commissioner of Income Tax Vs. Kansara Modler Ltd.
Court: Rajasthan
Decided on: Apr-25-2008
Reported in: (2008)218CTR(Raj)21
N.P. Gupta, J.1. This appeal has been filed by the Revenue, against the judgment of the Tribunal dt. 17th March, 2004, allowing the appeal of the assessee, relying upon the judgment of the Hon'ble Supreme Court, in CIT v. Karnal Co-operative Sugar Mills Ltd. : [2000]243ITR2(SC) , and holding, that the receipts in question, by way of interest, are incidental to the main business of the assessee, and the receipts are taken to be as capital receipt, and not income of the assessee from any independent source.2. The appeal was admitted by this Court, vide order dt. 23rd Aug., 2005, by framing the following substantial questions of law:I. Whether on the facts and in the circumstances of the case, the learned Tribunal was legally justified in holding that the receipts in question by way of interest were incidental to the main business of the assessee and the receipts are to be taken as capital receipts and not income of the assessee from any independent source despite assessee's failure to ad...
Tag this Judgment!Gita Devi and ors. Vs. Raju Lal and ors.
Court: Rajasthan
Decided on: Apr-25-2008
Reported in: RLW2008(4)Raj3559
Mohammad Rafiq, J.1. Heard learned Counsel for the parties.2. This appeal is directed against the judgment of the Motor Accident Claims Tribunal, Jaipur District, Jaipur dated 6.7.2007 questioning the correctness of the quantum of compensation awarded to the appellant in the sum of Rs. 4,76,000 and seeking its enhancement. Appellants filed claim petition before the Tribunal for award of compensation on account of accidental death of Ram Gopal, who was husband of appellant No. 1 Gita Devi, father of appellants No. 2 to 7 and son of appellants No. 8 and 9, He was riding a motor cycle with one Gajanand when a jeep No. RJ-14-T-5584 driven by respondent No. 1 Raju Lal hit the motorcycle leading to his death.3. Learned Counsel for the appellant-claimants has argued that the deceased was working with M/s. New Sharma Furnitures and Interior Decorator and was doing the work of sofa making and cushion and capestry. His monthly income was Rs. 7,000/-and this fact was supported by his widow who wa...
Tag this Judgment!Commissioner of Income-tax Vs. Sohan Khan and Mohan Khan
Court: Rajasthan
Decided on: Apr-24-2008
Reported in: [2008]304ITR194(Raj)
N.P. Gupta, J.1. These two appeals arise in identical circumstances, and have been admitted vide different orders dated April 21, 2006 and May 10, 2006, by framing the same substantial question of law, and are being closely interconnected, consequently, they are being decided by this common order.2. The substantial question of law, as framed reads as under:Whether taking into consideration the various factors discussed by the learned Assessing Officer and other appellate authorities, the true nature of Nagnechi Scheme and Vallabhgarden land is an adventure in the nature of trade or it is merely a transaction of transfer of capital asset?3. The facts of the case, as appear from the Assessing Officer's order are, that the assessee submitted returns declaring particular income as capital gain. The cases were taken up for scrutiny, and ultimately, it was found that certain number of plots were sold, and the assessee had shown the income therefrom, as long-term capital gain. It is found tha...
Tag this Judgment!Vijay Laxmi Gaur (Smt.) Vs. Jodhpur Vidhyut Vitra Nigam Ltd. and ors.
Court: Rajasthan
Decided on: Apr-24-2008
Reported in: RLW2008(4)Raj2857
Gopal Krishan Vyas, J.1. In this writ petition, petitioner is challenging the impugned order dated 11.8.2003 (Annex. R/3) filed by respondents along with their reply.2. The facts leading to this case are that petitioner's husband died while in service and petitioner was provided appointment on compassionate ground on the post of LDC on 2.5.1991. According to petitioner, she applied for voluntary retirement vide application dated 31.5.2003 w.e.f. 4.6.2003. Upon application filed by petitioner for voluntary retirement, her service particulars were got verified by the Assistant Engineer (HTM-I), Jodhpur Vidhyut Vitran Nigam Ltd., Jodhpur and forwarded information that no inquiry is pending against petitioner nor there is anything due against her, therefore, she was found eligible for voluntary retirement and finally her application was accepted on 4.6.2003.3. According to petitioner she is entitled for pension and other retiral benefits like GPF gratuity, commutation and leave encashment ...
Tag this Judgment!Gopal Singh Vs. Election Tribunal-cum-additional Civil Judge (Sr. Dn.) ...
Court: Rajasthan
Decided on: Apr-24-2008
Reported in: AIR2008Raj170
ORDERGopal Krishan Vyas, J.1. In this writ petition, the petitioner is challenging the judgment and decree dated 3-1-2008 (Annex. 6) passed by the Election Tribunal-cum-Addl. Civil Judge (Sr. Divn.) No. 3, Jodhpur, whereby, the Tribunal has set aside the election of petitioner as Sarpanch of Gram Panchayat, Anwana and declared the post of Sarpanch as vacant.2. The brief facts of the case are that an election petition was filed by the respondent-applicant challenging the election of the petitioner as Sarpanch of Gram Panchayat, Anwana Under Section 43 of the Rajasthan Panchayati Raj Act, 1994 and under Rule 80 of the Rajasthan Panchayat Raj (Election) Rules, 1994. The petitioner filed his nomination form as per programme of election on 30-1-2005. Thereby, scrutiny was made by the respondent-Returning Officer. Along with the nomination form, all the candidates were required to submit necessary details with regard to pendency of criminal case or conviction made against them. The candidate...
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