Rajasthan Court May 2008 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Sukhdeep Singh and anr. Vs. State of Rajasthan
Court: Rajasthan
Decided on: May-21-2008
Reported in: RLW2008(4)Raj3427
Raghuvendra S. Rathore, J.1. Heard learned Counsel for the parties and perused the material on record.2. The learned Counsels for the petitioners have referred to the First Information Report, lodged in this case, on 7.9.2007. It is submitted that out of 160 bags of opium (poppy husk) seized from the dickey of the car, only one bag has been sent as a sample for testing to the Forensic Science Laboratory. Further it is submitted that when the prosecution has sent only one bag, weighting about 1 Kg. then, it should be taken that the petitioners were in possession of contraband only of that quantity. Therefore, it is submitted that 1 Kg. Opium is a small quantity as prescribed under the Act. It has also been submitted that there is violation of Section 42 of the NDPS Act.The counsel for the accused Guru Iqbal Singh has, in support of his submissions, placed reliance on the cases of Gaunter Edwin Kircher v. State of Goa, Secretariat Panaji, Goa : 1993CriLJ1485 and Sarija Banu (A) Janarthan...
Assistant Commissioner, Commercial Taxes Vs. Rajasthan Industries
Court: Rajasthan
Decided on: May-21-2008
Reported in: (2009)24VST418(Raj)
Dinesh Maheshwari, J.1. The Tax Board in its impugned order dated June 26, 2007 has dismissed as infructuous the appeal filed by the petitioner against the order dated March 1, 2005 as passed by the Deputy Commissioner (Appeals), Bhilwara whereby the appeal filed by the dealer against the provisional assessment order dated July 30, 2004 was partly allowed. The learned Tax Board has dismissed the appeal as infructuous only on the ground that final assessment order in relation to the dealer has been made on November 16, 2006 incorporating the provisional assessment order dated July 30, 2004.2. By way of this revision petition, the petitioner seeks to challenge the order aforesaid as passed by the Tax Board dismissing the appeal filed by the petitioner as infructuous. Though learned Counsel for the petitioner has candidly pointed out that this Court has already taken the view that the appeal against a matter arising out of provisional assessment is rendered infructuous after passing of fi...
Vikram Singh Vs. Union of India (Uoi) and ors.
Court: Rajasthan
Decided on: May-20-2008
Reported in: RLW2008(3)Raj2536
Shiv Kumar Sharma, J.1. Appellant was served with the charge sheet in the month of January,1993 on the ground that he remained willfully absent from duty since October 6, 1992 till March 24, 1993 and flouted the provisions of Section 11(1) of Central Reserve Police Force Act,1949 (for short `CRPF Act'). Enquiry Officer found the charges proved and the Disciplinary Authority passed the order dated October 3, 1993 dismissing the appellant from service. The appellant against the order of dismissal preferred departmental appeal before DIG, which was dismissed on March 21, 1994. Further appeal was preferred before IG, but it was also dismissed on March 10, 1995. Assailing the said orders the appellant preferred writ petition before learned Single Judge, but the learned Single Judge also dismissed the writ petition. Against these orders that the instant action of filing instant intra court appeal has been resorted to by the appellant.2. Learned Counsel for the appellant assailed the impugned...
Smt. Kiran Kanwar Vs. District and Sessions Judge and ors.
Court: Rajasthan
Decided on: May-20-2008
Reported in: RLW2008(4)Raj2852
ORDERGopal Krishan Vyas, J.1. In this writ petition petitioner has prayed for quashing the order dated 10/11/2006 (Annex.4) passed by District and Sessions Judge, Bikaner in election petition preferred by respondent No. 3 against the petitioner, who was declared elected on the post of Sarpanch of Gram Panchayat, Jhajhu by a margin of six votes. 2. In the writ petition it is stated by the petitioner that petitioner and respondent nos. 3 and 4 contested the election for the post of Sarpanch, Gram Panchayat, Jhajhu. The said election was held on 21/1/2005 and on the same day result of election was declared in which petitioner was declared elected as he got highest number of votes, more specifically petitioner got 1562 votes, whereas respondent nos. 3 and 4 got 1271 and 1556 votes respectively. Further, it is stated that 123 votes were declared invalid. 3. Against the said result of election, election petition was preferred by respondent No. 3 under Section 43 of the Rajasthan Panchayati R...
C.i.T. Vs. Shri Ram Singh
Court: Rajasthan
Decided on: May-20-2008
Reported in: (2008)217CTR(Raj)345; [2008]306ITR243(Raj)
N.P. Gupta, J.1. This appeal by the Revenue has been filed against the judgment of the learned Tribunal dated 4.2.2005, allowing the appeal of the assessee, and quashing the reassessment proceedings. The appeal was admitted vide order dated 23.5.2006, by framing the following substantial question of law:whether in the facts and in the circumstances of the case, the Tribunal was justified in holding that the proceedings for re-assessment under Section 148/147 of the Income Tax Act were initiated by the Assessing Officer on non-existing facts because ultimately, the assessee has been able to explain that the income which was believed to have escape assessment was explainable but some other additions were made under the assessment order?2. The necessary facts are, that some search was undertaken at some business establishment, and in that process one diary was found, which showed some entry regarding purchase of plot of land by the present assessee, in village 1-a-Chhoti, for a considerat...
Balbir Sharma Vs. State and ors.
Court: Rajasthan
Decided on: May-20-2008
Reported in: RLW2008(4)Raj3404
Mohammad Rafiq, J.1. Heard learned Counsel for the parties.2. This writ petition seeks to challenge the order dated 24.3.2004 by which petitioner was removed from the post of Sarpanch on the allegation of financial irregularities and recovery of a sum of Rs. 4,39,787- was directed to be made from him.3. Learned Counsel for the petitioner has not pressed the writ petition in so far as removal of the petitioner from the office of Sarpanch is concerned because the term of 5 years for which he was elected to that office has itself came to an end and therefore the petition on that aspect has become infructuous. Learned Counsel however has assailed the validity of that part of the order of the Additional Divisional Commissioner whereby, District Collector Bharatpur has been directed to recover the aforesaid amount solely from the petitioner. Learned Counsel argued that so-called enquiry conducted by the Additional Divisional Commissioner was in fact no enquiry as petitioner was merely issued...
Jeevan Ram Jeengar Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: May-20-2008
Reported in: RLW2009(1)Raj210
M.N. Bhandari, J.1. By this writ petition, petitioner has challenged the order dated 9.11.2004 (Annexure-6) whereby petitioner was published with the punishment of withholding of 20% pension for a period of five years. A further challenge has been made to the order dated 26.2.2003 (Annexure 4) whereby the disciplinary authority disagreed with the enquiry report.2. The petitioner Jeevan Ram Jeenagar died during the pendency of this writ petition and his legal heirs have already been taken on record, therefore, original petitioner-Jeevan Ram Jeenagar would hereinafter be referred to as 'the petitioner.'3. It is contended that petitioner while working as District Educational Officer was served with a charge-sheet dated 19.8.1999 under Rule 16 of the Rajasthan Civil Services (CCA.) Rules, 1958 (hereinafter referred to as 'the Rules of 1958', for short). The petitioner denied all the charges levelled against him and stated that the charges were framed and FIR was lodged on account of person...
Bhanwar Lal and ors. Vs. State of Rajasthan and anr.
Court: Rajasthan
Decided on: May-20-2008
Reported in: RLW2009(1)Raj147
Mohammad Rafiq, J.1. This revision petition is directed against the order dated 8.9.1999 passed by the learned Sessions Judge, Karauli whereby cognizance for offences under Sections 304, 498-A, 201 and 202 of the I.P.C. was taken against the accused petitioners.2. Factual matrix giving rise to this petition may be first noticed briefly. One Rameshwar Prasad Sharma lodged a written report with Police Station Karauli at 12.35 PM on 29.6.1997 alleging therein that his daughter, Babli @ Sunita, was married to Hemraj S/o accused petitioner Bhanwar Lal on 19.11.1996. The informant gave cash and articles in dowry. When, however, his daughter returned from the house of her in-laws to the parents soon after marriage, she told that her husband, father-in-law, mother-in-law, brother-in-law and one sister-in-law used to harass her for payment of dowry and also gave beating. Whenever thereafter Sunita came to her parents to Hindaun, every now and then she would narrate the same story to the wife of...
Farida Lukman Vs. State and ors.
Court: Rajasthan
Decided on: May-19-2008
Reported in: RLW2008(4)Raj3146
ORDERGopal Krishan Vyas, J.1. By way of filing the present writ petition, the petitioner has challenged the impugned order dated 13.6.2001 (Annexure-7) whereby the petitioner's services were terminated by the District Eduction Officer (Secondary-I), Department of Education, Udaipur.2. Brief facts of the case are that the petitioner was appointed after due selection as Teacher Gr.III (Urdu) vide order dated 30.3.1990 by the District Education Officer (Girls), Udaipur. Later on, her services were confirmed vide order dated 16.6.1993. The petitioner worked on the said post till 5.9.1998. Thereafter, as stated in the writ petition, an application was filed by the petitioner for leave to proceed for Kuwait to stay with her husband for sometime. As per the petitioner, she has prayed for leave of 36 months w.e.f. 5.9.1998 and the said application was submitted to the Director, Education, Bikaner through District Education Officer, Udaipur. The District Education Officer, Udaipur called her in...
S.P. Sharma Vs. Cooperative Land Development Bank Ltd. and anr.
Court: Rajasthan
Decided on: May-19-2008
Reported in: [2008(119)FLR507]; RLW2008(4)Raj3641
Gopal Krishan Vyas, J.1. In this writ petition petitioner has prayed for quashing the impugned order dated 9/6/1995 (Annex.3), whereby, petitioner was retired compulsorily and further prayed that respondents may be directed to reinstate the petitioner in service with all consequential benefits.2. Initially this writ petition was dismissed for want of alternative remedy vide order dated 6/9/2001 by the Coordinate Bench of this Court against which the petitioner preferred special appeal before the Division Bench of this Court and Division Bench vide order dated 18/11/2003 quashed the order passed by learned Single Judge and remitted this case to Single Judge for deciding the matter afresh on merits.3. According to the facts of the case, petitioner - S.P. Sharma worked with the respondent bank for more than 20 years and in the year 1995 when he was working as Branch Secretary and was posted at Head Office of the Bank at Chittorgarh. He was informed vide letter dated 10/3/1992 that Coopera...
- ‹ Prev
- 2
- 3
- 4
- 5
- 6
- 8
- 9
- 10
- 11
- 12
- Next ›
- Last »