Rajasthan Court May 2008 Judgments
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Banwari Lal Vs. State of Rajasthan
Court: Rajasthan
Decided on: May-16-2008
Reported in: 2008(3)WLN575
Deo Narayan Thanvi, J.1. This appeal is directed against the judgment 15.07.1999 passed by the learned Sessions Judge, ACD Cases, Bikaner, whereby, he convicted accused appellant Banwari Lal for offence under Section 7 of the Prevention of Corruption Act, 1988 (hereinafter referred to as the Act) and sentenced him to undergo one year's rigorous imprisonment and to pay a fine of Rs. 1000/-, in default of payment of fine to further undergo three months' rigorous imprisonment. Accused appellant was also convicted for offence under Section 13(2) of the Act and sentenced to one year's rigorous imprisonment and to pay a fine of Rs. 1000/-, in default of payment of fine to further undergo three months' rigorous imprisonment. Both the sentences were ordered to run concurrently.2. Facts leading to this appeal are that on 07.10.1992, one Shivraj Singh, resident of Jamitewala of Polilce Station Lalgarh Jattan made an oral report that Excise Inspector Banwari Lal informed him about recovery of two...
Kalu Ram @ Satyawan Vs. State of Rajasthan
Court: Rajasthan
Decided on: May-15-2008
Reported in: 2008(3)WLN425
Prakash Tatia, J.1. Heard learned Counsel for the parties.2. This appeal is against the judgment and order dt. 03.09.2004 passed by the Court of learned Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act), Hanumangarh in Sessions Case No. 4/2003 by which the learned trial Court convicted the accused appellant as under:Offence PunishmentSection 3(i)(ii) of To undergo imprisonment for life with a fine SC/ST (POA) Act, 1989 of Rs. 1,000/- each and in default to further undergo 2 months' rigorous imprisonment.Section 376 IPC To undergo rigorous imprisonment for 10 years with a fine of Rs. 500/- each and in default to further undergo 1 month's rigorous imprisonment.Section 323 IPC To undergo rigorous imprisonment for three months.3. As per the prosecution case, on 19.11.2002 at 7:15 P.M., complainant Mohan Lal S/o Kana Ram Meghwal submitted a written report (Ex.P/1) in the Police Station Bhirani, District Hanumangarh, wherein he stated that he is by caste Meg...
Subhash Chandra and anr. Vs. State of Rajasthan
Court: Rajasthan
Decided on: May-13-2008
Reported in: RLW2008(3)Raj2560
Shiv Kumar Sharma, J.1. The appellants two in number, were accused on the file of learned Additional Sessions Judge, Fast Track, No. 2, Jhunjhunu, who vide judgment dated April 2, 2003 convicted and sentenced them as under:Subhash Chandra and Maha Singh:Under Section 302/34 IPC:Both to suffer imprisonment for life and fine of Rs. 200/-.Maha Singh Under Section 325 and Subhash Chadra Under Section 325/34 IPC:To suffer rigorous imprisonment for one year and fine of Rs. 100/-. Under Section 325/34 IPC:To suffer rigorous imprisonment for one year and fine of Rs. 100/-.Under Section 341 IPC:Both to suffer simple imprisonment for six months and fine of Rs. 100/-. In default of payment of fine further suffer simple imprisonment for seven days for each Section. Sentences were ordered to run concurrently. 2. The prosecution case as unfolded during trial is as under:On December 16, 2001 informant Vijay Pal (Pw.1) submitted a written report (Ex.P-1) at Police Station Khetri stating therein that o...
Bhawani Singh Kaviya and ors. Vs. State of Rajasthan and anr.
Court: Rajasthan
Decided on: May-13-2008
Reported in: RLW2008(4)Raj3138
ORDERGovind Mathur, J.1. The Governor of Rajasthan, to ensure fair and objective selections to various posts in State and Subordinate Services through direct recruitment, enacted the Rajasthan State and Subordinate Service (Direct Recruitment by Combined Competitive Examination) Rules, 1999 (hereinafter referred to as 'the Rules of 1999'). The scheme of the examination for direct recruitment to the posts in the State and Subordinate Service under the Rules of 1999 is prescribed as follows:15. Scheme of Examination, personality and Viva-voce Test.--The Competitive Examination shall be conducted by the Commission in two stages i.e. Preliminary Examination and Main Examination as per the scheme specified in Schedule-III. The marks obtained in the Preliminary Examination by the Candidates, are declared qualified for admission to the Main Examination will not be counted for determining their final order of merit. The number of candidates to be admitted to the Main Examination will be 15 tim...
Commissioner of Income-tax Vs. Ravindra Platinum P. Ltd.
Court: Rajasthan
Decided on: May-13-2008
Reported in: (2008)90CTR(Raj)220; [2008]302ITR229(Raj)
N.P. Gupta, J.1. These three appeals relate to the same assessee and involve a common question of law, and are, therefore, being decided by this common order. Appeal No. 49 of 2005 relates to the assessment year 1993-94, Appeal No. 30 of 2005 relates to the assessment year 1994-95, and Appeal No. 132 of 2005 relates to the assessment year 1996-97.2. The learned Income-tax Appellate Tribunal decided the appeals relating to the years 1993-94 and 1994-95 by a common order dated October 12, 2004, out of which two Appeals Nos. 49 and 30 arise, while appeal relating to the assessment year 1996-97 was decided, vide order dated October 18, 2004, by simply following its earlier judgment dated October 12, 2004.3. The bereft of unnecessary details the facts are that during these relevant years, after assessment having been made under Section 143(1)(a), the cases were taken up for scrutiny, and after completing the requisite formalities revised assessment orders were passed. Since in the present m...
Gautam Morarka (Dr.) and ors. Vs. State of Rajasthan and anr.
Court: Rajasthan
Decided on: May-13-2008
Reported in: RLW2008(3)Raj2742
Prem Shanker Asopa, J.1. By these writ petitions, the petitioner are challenging the system of negative marking as informed in Para 4(m) of the Instruction Booklet for the Pre-P.G. Medical Examination 2007 and 2008, except in one of the writ petitions-SBCWP No. 2095/2008 filed by Dr. Vikas Pareek and others, have challenged the decision of the Government dated 7.2.2008 extending the benefit of dispensing of negative marking of SC/ST candidates to in-service general candidates Pre-P.G. Medical Examination 2008.2. In all the aforesaid writ petitions, except one SBCVVP No. 2059/2008, the similar issue of dispensing with negative marking in respect of SC/ST in-service candidates for achieving the target of minimum 40% marks, is involved, by making provision to prepare two results-one with negative marking and another without negative marking will be prepared and in case of non-availability of the candidates in result or with negative marking, then second result without negative marking wil...
Devi Ram Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: May-13-2008
Reported in: RLW2008(3)Raj2540
Shiv Kumar Sharma, J.1. The appellant was appointed on the post of Veterinary Assistant, which was reserved for the persons belonging to Scheduled Caste. Vigilance Committee recommended for removal of the appellant from the service on the ground that the appellant had obtained appointment on the basis of fake caste certificate. The said report dated August 1, 1992 of the Vigilance Committee was challenged by the appellant before learned Single Judge and after unsuccessful writ petition the appellant has preferred the instant appeal.2. The question that emerges for our consideration is whether the appellant is a person belonging to Scheduled Caste and he could be selected against a post reserved for the persons belonging to Scheduled Caste?3. Contextual facts depict that the appellant belonged to Kalbelia Caste, which is Scheduled Caste, as has been enumerated at Item No. 31 in Gazette of India Extraordinary (Part II Dated September 20, 1976. The appellant obtained Caste Certificate on ...
Babu Lal and ors. Vs. State of Rajasthan
Court: Rajasthan
Decided on: May-13-2008
Reported in: RLW2008(4)Raj3395
Mahesh Chandra Sharma, J.1. The accused appellants have preferred this appeal against the order and judgment dated 6.6.1986 passed by the Additional District and Sessions Judge No. 1, Kota in Sessions Case No. 27/84, whereby he has convicted the accused Babu Lal under Section 324 IPC and sentenced him with 6 months R.I. and under Section 323/34 IPC with 3 months R.I. and each of the accused appellant Loonkaran and Nand Lal have been convicted under Section 323 IPC sentenced with 3-3 months R.I. and under Section 324/34 IPC with 6-6 months R.I. and all the sentences to run concurrently.2. The brief facts of the case as set up by the accused appellants are that on 25.3.1983 at about 10 am P.W. 3 Nand Kishor lodged a FIR (Ex. P.3) in the police station Kaithoon, in which he stated that on 24.3.1983, at about 10 pm, while he and P.W. 4 Radhakishan were going to see 'Khel Tamasha' in the village Baniyani, the accused appellants inflicted injuries on them with Gandasi and Lathis.3. The polic...
Munna Lal Vs. State of Rajasthan
Court: Rajasthan
Decided on: May-13-2008
Reported in: RLW2008(4)Raj3028
Mahesh Chandra Sharma, J.1. The accused appellant has moved this criminal appeal under Section 374 of the Cr.P.C. against the order and judgment dated 2.5.1986 passed by the Additional Sessions Judge No. 1, Ajmer in Sessions Case No. 52/1985 (127/1982) (25/1984) convicting and sentencing the accused appellant under Section 326 of the IPC for two years' rigorous imprisonment end to pay a fine of Rs. 100/- and in default of payment of fine to further undergo 15 days ingorous imprisonment.2. The brief facts of the case are that on 11.4.1982, PW. 1 Amar Singh gave a parcha bayan in the police station Madanganj, in which he stated that he went to the shop of Giriraj for pan, where Munna was present and he hit him with Kulhari on his stomatch and then he inflicted injury on his head with Kulhari. He further clarified that he had enmity with Munna.3. Upon the said report, the police registered a case under Section 307 IPC. After investigation, the police filed a challan before the court of Mu...
United India Insurance Co. Ltd. Vs. Kamli Devi and ors.
Court: Rajasthan
Decided on: May-13-2008
Reported in: 2009ACJ2492
R.C. Gandhi, J.1. This appeal has been preferred against the award dated 14.12.2007 passed by the Motor Accidents Claims Tribunal, Jaipur District, Jaipur in a Claim Petition No. 221 of 2007 whereby a sum of Rs. 4,69,000 has been paid as compensation on account of death of 29 years old person, leaving behind the claimants, in a road accident on the ground that driver of the offending vehicle was not possessed of a valid licence.2. Heard learned Counsel for the parties and perused the record.3. The accident took place on 29.5.2005 while deceased Shankar Lai and Chhitarmal were going to their village from Dausa in a jeep No. RJ 14-T 5629 and when they reached near village Zirota Khurd at about 11.45 a.m. met with an accident caused due to negligence of the driver of Maruti van No. RJ 29-T 100. Claim petition was filed which was contested by the other side. On appreciation of evidence impugned award has been passed.4. That the driver of the offending vehicle was not possessing a valid dri...
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