Rajasthan Court July 2008 Judgments
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State of Rajasthan Vs. Indraj Singh
Court: Rajasthan
Decided on: Jul-04-2008
Reported in: RLW2009(1)Raj365
Mahesh Chandra Sharma, J.1. The State of Rajasthan has preferred this appeal against the judgment dated 8.1.2001 passed by learned Addl. Chief Judicial Magistrate, Kotputali, District Jaipur in Criminal Case No. 348/96 by which the accused-respondent has been acquitted from the offence under Sections 279, 337, 338 and 304-A, IPC.2. Brief facts of the case are that Satyapal Singh, ASI on 13.7.1996 lodged an FIR No. 404/96 at police station Kotputali in which he has stated that on that day at about 2.30. PM, he has received an information from the Medical Jurist that an accident happened in Paniyala village and the injured has taken into hospital. Upon the said information, the ASI proceeded at the spot where he found Maruti RHP 88 and RJ 14G 3950. Driver of Maruti on his seat, one other person and one lady were found in dead condition. Upon the basis of the said incident, a case was registered against the accused respondent for the offence under Section . 279, 337, 338 and 304-A, IPC. A...
Commercial Taxes Officer (Wc and Lt) Vs. Unique Precured Retreaders
Court: Rajasthan
Decided on: Jul-04-2008
Reported in: (2009)25VST166(Raj)
Vineet Kothari, J.1. Heard the learned Counsel for the petitionerRevenue.2. This revision petition is directed against the order of the Tax Board dated July 10, 2007 whereby the learned Tax Board held that there was no justification on the part of the appellate authority, namely, Deputy Commissioner (Appeals) to remand the case back to the assessing authority vide order dated October 10, 2005 as the assessing authority had already passed the impugned assessment order dated November 14, 2003 invoking powers under Section 37 of the Rajasthan Sales Tax Act, 1994 for rectification of apparent mistake akin to Section 17 of the earlier Act of 1954. The learned Tax Board held that since import of raw material like binding gum and rubber in the State for use thereof in tyre retreading was not exigible to works contract tax in view of the Supreme Court decision in the case of 20th Century Finance Corporation Ltd. v. State of Maharashtra reported in : [2000] 119 STC 182 (SC) and therefore, the c...
State of Rajashan Vs. Satyanarayan and ors.
Court: Rajasthan
Decided on: Jul-03-2008
Reported in: RLW2009(1)Raj353
Mahesh Chandra Sharma, J.1. Since the controversy involved in both the matters i.e. criminal appeal filed by the State of Rajasthan as also criminal revision filed by compLalnant, involve common question of facts and law, hence both the matters are being decided by this common Judgment.2. The State of Rajasthan has preferred this appeal under Section 378(i)(iii) Cr.P.C. and the compLalnant has preferred this criminal revision under Section 397 read with Section 401 Cr.P.C. against the judgment of acquittal dated 4.5.2000 passed by learned Special Court (Sati Nivaran) Rajasthan & Addl. Sessions Judge, Jaipur City, Jaipur (for short 'the learned trial Court') in Sessions case No. 24/1994, whereby it acquitted the accused respondents for the offence under Sections 341, 326, 323 and 326/34 IPC.3. Brief facts of the case are that the compLalnant Mohar Singh submitted a parcha-bayan to this effect that in the evening of 29.3.1992 while he was coming back to his house at around quarter to six...
Ram Khiladi @ Khiladi Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jul-03-2008
Reported in: RLW2008(4)Raj3506
Shiv Kumar Sharma, J.1. Grief and the pain suffered by married woman Guddi did not rise to the lips and find a cry, lies festering in the heart, like a drop of water that did not find its way to the sea but became mixed with a handful of dust and so got burried in the earth. Guddi, within five years of marriage died in the house of her husband Ram Khiladi @ Khiladi (appellant herein). The cause of death was asphyxia as a result of smothering. The appellant was put to trial before learned Sessions Judge Sawai Madhopur, who vide judgment dated December 20, 2002 while acquitting the appellant of the charge under Section 498A convicted and sentenced him under Section 302 IPC to suffer imprisonment for life and fine of Rs. 5000/-, in default to further suffer simple Imprisonment for three months.2. A written report was handed over at 6.30 PM oh July 31, 2001 by Kanhaiya Lal (PW.1) at Police Station Bahrounda Kate with the averments that his daughter Guddi who was married to Ram Khiladi, die...
Shri Ram Jhanwar Lal Vs. Ito and ors.
Court: Rajasthan
Decided on: Jul-03-2008
Reported in: [2009]177TAXMAN135(Raj)
ORDER1. This appeal has been filed by the assessee against the judgment of the learned Tribunal dated 29-8-2005 passed in Appeal No. 140 of 2005. reported as Shriram Jhanwarlal v. ITO (2005) 98 TTJ (Jd) 639-Ed.2. The appeal was admitted vide order dated 23-1-2006, by framing three substantial questions of law, which read as under:(i) Whether in the facts and circumstances of the case, where the assessing officer has adopted net profit rate in making assessment of the income on the basis of best judgment assessment, any further adjustment of the profits arrived at by applying net profit rate by way of allowance of depreciation of the assets used in business is permissible?(ii) Whether the Commissioner could validly assume jurisdiction under Section 263 by holding an opinion that order passed by the assessing officer allowing the claim of depreciation was erroneous and prejudicial to the interest of revenue?(iii) Whether the Tribunal was justified in adopting the principle underlying Sec...
State of Rajasthan Vs. Gajanand and anr.
Court: Rajasthan
Decided on: Jul-03-2008
Reported in: RLW2009(1)Raj348
Mahesh Chandra Sharma, J.1. The State of Rajasthan has preferred this appeal against the judgment of acquittal dated 12.12.2001 passed by learned Addl. Chief Judicial Magistrate No. 3, Ajmer (for short 'the learned trial Court') in criminal case No. 2060/2000, whereby he acquitted the accused respondents for the offence under Sections 457 and 380 IPC by giving them benefit of doubt.2. As per the case of the prosecution, brief facts of the case are that on 7.8.1995 at 3.30 AM, Durgaram, SI submitted a report to this effect that he along-with other staff at 2.30 AM, reached near G.C.A. chauraha for checking. Then Chowkidar stopped the jeep and told that the shutter of Dinesh Medical Store has been made up and some noise is coming inside of the shop. Then he gave a call near the shop, then no noise came. After hearing this, neighborer, Ishwari Prasad, Jagdish Sharma and auto driver Jaisingh came at the site and after that they called the persons who were sitting in the shop then Gajanand ...
Nati and anr. Vs. Babu Lal and anr.
Court: Rajasthan
Decided on: Jul-03-2008
Reported in: 2009ACJ560
Manak Mohta, J.1. The present appeal has been filed by the claimants-appellants against the judgment and award dated 7.4.2007 passed by learned Judge, Motor Accidents Claims Tribunal, Jodhpur (in short 'the Tribunal') in Claim Case No. 35 of 2007 whereby the learned Tribunal has awarded a sum of Rs. 1,80,000 as compensation in favour of claimants-appellants and the said amount has been ordered to be payable jointly and severally by the respondents along with interest at the rate of 6 per cent per annum from the date of filing of the claim petition, i.e., 2.1.2007.2. Briefly stated the facts relevant for the disposal of the appeal are that in the morning of 26.11.2006, Jitendra Kumar alias Jitu was going from Sursagar to Kailana to meet his relatives. Jitendra was travelling in city bus bearing No. RJ 19-P 3657 after paying the regular fare. The city bus was being driven by Babu Lal, non-claimant No. 1-respondent No. 1. When the bus reached near the Kailana circle at about 10-10.15 a.m....
Jaikam Khan Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jul-03-2008
Reported in: RLW2009(1)Raj376
G.S. Sarraf, J.1. This criminal misc. petition under Section 482 Cr.P.C. is directed against the order dated 14.3.2007 passed by Additional Sessions Judge No. 1, Deeg in sessions case No. 20/2007 whereby he has rejected the application filed by the petitioner under Section 91 read with Sections 173, 207 Cr.P.C,2. A perusal of the copy of the application filed by the petitioner in the trial Court shows that the petitioner has prayed for furnishing a copy of the statement of Pooja recorded on 4.7.2006 and a copy of the affidavit of Suresh allegedly submitted before S.H.O. Deeg and it has been further prayed that statements of certain other witnesses who were examined by the Investigating Officer during the investigation be directed to be produced in the Court as the same have not been submitted with the report filed under Section 173 Cr.P.C. and copies of such statements be provided to the petitioner.3. Heard learned Counsel for the petitioner, learned public prosecutor and learned Couns...
Manju Bhatnagar (Smt.) Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Jul-03-2008
Reported in: 2008(3)WLN368
Gopal Krishan Vyas, J.1. In this petition, petitioner has prayed for directions to the respondents to take her back in service with such consequential benefits as this Court may consider proper and further it is prayed that respondents may be directed to proceed with the inquiry against the petitioner.2. Brief facts of the case are that petitioner after acquiring B.A, B.S.T.C. Training was appointed as Teacher Gr.III on 22.08.1985. According to petitioner she married with one Shri Narottam Lal Golcha in the year 1989 and she went Kolkatta but her late husband ill treated her and she was mentally harassed, therefore, she had to take treatment which is evident from medical certificates. In the 1997 when she become normal she filed an application for joining duties before the respondent department but she was not taken on duty, therefore, joining report was sent through registered letter dt. 07.07.1997. The case of petitioner is that she is continuously met the respondents authorities and...
Commissioner of Wealth Tax Vs. Gajendra Singh Jhala
Court: Rajasthan
Decided on: Jul-02-2008
Reported in: (2008)219CTR(Raj)117; [2009]178TAXMAN45(Raj)
N.P. Gupta, J.1. These nine appeals arise out of the common judgment of the learned Tribunal dt. 1st Nov., 2004, they relate to the same assessee, and relate to different assessment years only, consequently they are being decided by this common order. The appeals were admitted by framing the following substantial question of law:Whether on the facts and in the circumstances of the case, the Tribunal is Justified in law in upholding the finding of the learned CWT(A) disturbing the valuation of the open land as determined by the DVO/AO ignoring the fact that the assessee has failed to produce any evidence and even the lease deed of the property?2. The necessary brief facts of the case are, that the assessee was owner of the property, known as Jaswant Mahal, constructed on a freehold plot measuring 31000 sq. ft. at Sukhadia Circle, Udaipur. The land was acquired on 24th July, 1948, and building was constructed in the year 1961, it was let out in the year 1963 to the defence services on mo...
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