Rajasthan Court July 2008 Judgments
Bhanwar Singh @ Chhatar Singh and ors. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jul-29-2008
Reported in: RLW2009(1)Raj382
Prakash Tatia, J.1. These three D.B. Criminal Appeals have been preferred to challenge the judgment and order dated 29.9.2004 passed by the learned Addl. Sessions Judge.Bali passed in Sessions Case No. 61/99 (39/02), by which the trial Court convicted the appellant Bhanwar Singh @ Chhatar Singh and Madho Singh under Section 302, IPC as well as under Section 302/120B, IPC, whereas convicted appellant Kishan Chand under Section 302/120B as well as under Section 302.115, IPC. The accused Kishan Chand has been acquitted of charge under Section 302/34, IPC. The accused Bhanwar Singh @ Chhatar Singh and Madho Singh have been sentenced to undergo life imprisonment under Section 302, IPC with fine of Rs. 20,000/- to each and in default thereof, to undergo sue months rigorous imprisonment. They have also been sentenced to undergo life imprisonment under Section 302/120B, IPC with fine of Rs. 5000/- and in default thereof, to undergo two months' rigorous imprisonment. Kishan Chand has been sente...
Tag this Judgment!Brijendra Kumar Jaiman Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Jul-29-2008
Reported in: RLW2009(1)Raj7:AIR2009NOC157(Raj)(F.B).
Shiv Kumar Sharma, J.1. There can be no two opinions on the issue that even an expert on the subject may fail, if appears in the examination of that subject. In the words of Professor Walter Ralugh, the College final and the Day of Judgment are two different examinations. A.E. Housman, the great scholar of Greek and Latin and better known as a poet once failed in the papers on those very languages of the Oxford University. His biographer commented 'The nighingale got no prize at the poultry show.' Like A.E. Housman, there are many students in our country, who have not been as successful in their examinations, as they thought they deserved to be. Out of them many re-appear in the examination in order to improve the marks earlier secured by them. Core issue that needs our answer in the instant matters is as to what course should be adopted in providing employment to a student in such a situation. Whether merit list should be drawn on the basis of marks secured by him in the first examina...
Tag this Judgment!Sriram and Co. Vs. Assistant Commissioner of Income-tax
Court: Rajasthan
Decided on: Jul-28-2008
Reported in: [2009]316ITR139(Raj); [2009]176TAXMAN426(Raj)
ORDER1. Heard learned Counsel for the appellant at length.2. From a proper comprehension of the entire submission made by learned Counsel, what we could make out is that he wants to assail the action in rejecting the books of account, while we do not find any error on the part of the authorities below in rejecting the books of account, as it has clearly been found that the assessee has only produced computerised cash book, ledger, journal and few vouchers; and neither stock register, nor any log book/running/distance mileage account etc., has been produced. Even the labour registers with proof of payment to them have not been produced. This has been considered by the learned Commissioner also, and in para 5, it has been found that it is admitted by authorised representative of the appellant that books of account were rightly rejected under Section 145(3) of the Income-tax Act. That being the position, this question need not be gone into by us, as to whether books of account were rightl...
Tag this Judgment!Abdul Khan Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Jul-28-2008
Reported in: RLW2009(1)Raj584
Prakash Tatia, J.1. Heard learned Counsel for the parties.2. Though this petition has been filed by petitioner Abdul Khan alone whose request for his release prematurely under the provisions of Rajasthan Prisoners (Shortening of Sentence) Rules, 1958 (for short 'the Rules of 1958') was rejected by the State Government vide order dated 19.3.2008, but after going through the contents of Annex. 2, the recommendations sent by the Advisory Board to the State Government on the matter of release of convicts namely, Mukesh s/o Roop Chand, Roop Chand s/o Gokul Chand, Ramesh s/o Roop Chand, Amariya @ Amra s/o Baja Ram, Kailash s/o Nanag Ram and Abdul Khan s/o Subhan Khan, we are of the view that the entire matter is required to be considered by this Bench in the interest of justice.3. The prayer of shortening of sentence under the Rules of 2006 of all above convicts has been rejected by order dated 19.3.2008. We would like to quote the recommendations made by the Advisory Board for each of the a...
Tag this Judgment!Saroj Bhardwaj (Smt.) Vs. State and ors.
Court: Rajasthan
Decided on: Jul-28-2008
Reported in: 2008(3)WLN597
Gopal Krishan Vyas, J.1. In this petition, petitioner has prayed for quashing charge sheet dt. 24.07.2006 (Annex.5) with all consequential benefits.2. The case of petitioner is that she was selected and appointed as Physical Teacher on 17.12.1977 and presently she is working satisfactorily at Government Karnani Girls Secondary School, Gangashahar, Bikaner. As per petitioner when she was posted at Government Secondary School, Sri Doongargarh she proceeded on leave on medical ground due to her mental disease for which an application was moved along with the medical sickness certificate. In para No. 4 of the writ petition, it is stated by the petitioner that the then District Education Officer (Girls) Bikaner vide her letter dt. 12.07.1991 directed the petitioner to join her duties with immediate effect and in pursuance of said direction she joined the duties on 15.07.1991 in the office of District Education Officer (Girls) Bikaner. On joining the duties, she was given posting order, wher...
Tag this Judgment!Shri Kanta Prasad Bajaj Vs. Ajanta Construction Private Limited
Court: Rajasthan
Decided on: Jul-25-2008
Reported in: [2008]146CompCas391(Raj); [2008]88SCL146(Raj)
ORDERShiv Kumar Sharma, J.1. The petitioner has approached this Court with the following prayer:(a) to direct and order winding up of the respondent company M/s. Ajanta Construction Private Limited under the provisions of the Companies Act, 1956;(b) the Official Liquidator be appointed as Liquidator provisionally in respect of all assets, properties and affairs of the Company.(c) Pass any such order or direction as the Hon'ble Court may deem fit and proper in the facts and circumstances of the case.2. Upon failure to repay the amount of dues outstanding, the petitioner gave a statutory notice to the respondent company under Section 434 of the Companies Act, 1956 (for short 'the Act'), demanding the dues with interest but the respondent company failed to make payment within statutory period, as a result of which the petitioner was led to file instant company petition for winding up under Section 433, 434 and 439 of the Act.3. It is averred in the petition that the respondent company is ...
Tag this Judgment!Kishan Chand Vs. Pankaj Abbani
Court: Rajasthan
Decided on: Jul-25-2008
Reported in: RLW2009(1)Raj140
Vineet Kothari, J.1. This writ petition under Article 227 of the Constitution of India is directed against the order dtd. 26.5.2008 passed by the learned trial Court rejecting the application of the defendant filed under Order 8 Rule 1(A)(3) of the C.P.C. seeking to produce on record certain additional documents in an eviction matter.2. The suit filed by the plaintiff was for seeking eviction of the suit shop in question on the ground of personal and bonafide necessary of the landlord. After the evidence of the plaintiff-defendant was complete on 17.11.2006 and the case was fixed for final arguments on 8.12.2006 after taking several opportunities for arguing the case, the defendant filed the aforesaid application under Order 8 Rule 1(A)(3) of the C.P.C. and the said defendant wanted to produce the documents viz. application for registration under the Sales Tax Law by one M/s. Arihant Metals, proprietorship concern of father of the plaintiff, which was purportedly signed as Manager by t...
Tag this Judgment!State of Rajasthan Vs. Phool Chand and ors.
Court: Rajasthan
Decided on: Jul-25-2008
Reported in: 2008CriLJ4792; RLW2009(1)Raj913
Mahesh Bhagwati, J.1. This criminal appeal Is directed against the judgment dated 31st of October, 1995 rendered by the Additional Sessions Judge No. 2, Alwar, whereby the accused-respondents namely; Phool Chand and Chhote Lal @ Ram Singh have been acquitted in the offences under Sections 365, 366, 367 and 323 of IPC and the accused-respondents namely; Badri, Ramesh, Jagdish and Lahri have been acquitted in the offences under Sections 365, 366, 376, 368 and 323 of the Indian Penal Code.2. The nub of the prosecution story unfolded by PW-3 Ramhet is, as under:That on 24th August, 1994 at about 7-8 AM, the complainant's uncle Rewad Ram (PW-1) and aunt Smt. Mangi Devi (PW-2) went to Alwar for the treatment of his aunt. No sooner did they reach near the Railway crossing at Malakhera, Jagdish, Chhote Lal and Phool Chand residents of Bandikui (Dausa) came there along with 4-5 other persons. They all restrained them from going. They made his uncle Rewad Ram and aunt Smt. Mangi Devi to sit in a...
Tag this Judgment!In Re: Rachna Creations (P.) Ltd.
Court: Rajasthan
Decided on: Jul-25-2008
Reported in: [2009]89SCL299(Raj)
Shiv Kumar Sharma, J.1. Goyal Fashions Private Limited (in short Transferee-Company) filed Company Petition No. 3 of 2008 and Archna Creations Private Limited (Transferor-Company No. 1) Ashish apparels Private Limited (Transferor-Company No. 2) Shubham Exports Private Limited (Transferor-Company No. 3) Anupam Export Private Limited (Transferor-Company No. 4) (in short Transferor-Companies 1 to 4) filed Company Petition No. 4 of 2008 for confirmation of Scheme of Arrangement/Amalgamation of Transferor-Companies 1 to 4 with Transferee-Company.2. M/s. Rachna Creations (P.) Ltd. (Transferor-Company No. 1) was incorporated under the provisions of the Companies Act on December 11, 1987 having its registered office at 24, Goyal House, Ajmer Road, Jaipur. The authorised share capital of the Transferor-Company No. 1 as on 31-3-2007 was 5000 Equity Shares of the value of Rs. 100 each (Total Rs. 5,00,000). Issued, Subscribed and paid up Share capital (1000 equity shares of Rs. 100 each (Total Rs....
Tag this Judgment!State of Rajasthan Vs. Gopi S/O Shri Bholu
Court: Rajasthan
Decided on: Jul-25-2008
Reported in: RLW2009(3)Raj2340
Mahesh Bhagwati, J.1. Challenge in this appeal is to the judgment dated 9th October, 1990, whereby the Sessions Judge, Tonk has acquitted the accused-respondent Gopi in the offence under Section 376 of the Indian Penal Code.2. PW-2 Ram Karan submitted one written-report Ex. P/1 to the S.H.O. Police Station Piploo, District Tonk stating therein that on 27th of August, 1989 at about 10.00 PM, he was sleeping in the house. His wife Smt. Rampyari was sleeping in the 'saal'. It is alleged that the accused Gopi son of Shri Bholu Balai entered in his house and endeavoured to commit rape upon his wife. His wife cried. Having heard the screams of his wife, Laxmi Narayan and Kalyan Bairwa came there. They all chased him to catch, but ultimately he succeeded in fleeing away. The Police lodged an F.I.R. Ex. P/10 and commenced investigation.3. During investigation, the Police prepared the site-plan Ex. P/2, recorded the statement of the witnesses acquainted with the facts and circumstances of the c...
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