Rajasthan Court September 2008 Judgments
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Fataram and ors. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Sep-19-2008
Reported in: RLW2009(3)Raj2374
Mohammad Rafiq, J.1. Heard learned Counsel for the parties.2. This appeal is directed against the judgment dated 31.1.1987 passed by the learned Sessions Judge, Jhunjhunu whereby the accused-appellants were convicted for offence under Section 148 IPC and sentenced to rigorous imprisonment for one year with a fine of Rs. 200/-, in default whereof to further undergo rigorous imprisonment for one month and were also convicted for offence under Section 307 read with Section 149 IPC and sentenced to undergo rigorous imprisonment for five years with a fine of Rs. 500/-, in default whereof further undergo rigorous imprisonment for two months.3. The factual matrix of the case giving rise to this appeal is that a written report was submitted by one Bajrang Lal before Police Station Udaipurwati on 30.5.1984 alleging therein that his son Girvar Singh had gone to the residence of Bhagwana Ram S/o Bijaram, Village Chirana to complain. about their goats, who entered into his agriculture field and da...
Bheru Lal Vs. State
Court: Rajasthan
Decided on: Sep-18-2008
Reported in: RLW2009(1)Raj565
A.M. Kapadia, J.1. Sole appellant ('the accused', for short) was charged and tried by learned Addl. Sessions Judge (Fast Track), Chittorgarh in Sessions Case No. 208/01 for offence under Section 302 and 201 of the Indian Penal Code 0 IPC, for short) on the accusation that he had taken his wife Ladi on 20.7.2001 with him from her parents' house with an intention to commit murder and after committing murder her dead body was thrown to river which was found floating on 27.7.2001.2. At the end of the trial, as the accused was found guilty for committing murder of his wife Ladi, he was convicted vide judgment and order dated 18.2.2003 for commission of offence under Section 302 and Section 201 IPC and sentenced to imprisonment for life and fine of Rs. 5,000, in default, simple imprisonment for one year for the offence under Section 302 IPC, and five years' rigorous imprisonment and fine of Rs. 2,000/-, in default of payment six months' simple imprisonment for the offence under Section 201 I...
Madan Kanwar (Smt.) and ors. Vs. Rajasthan Financial Corporation and o ...
Court: Rajasthan
Decided on: Sep-17-2008
Reported in: RLW2009(1)Raj520
H.R. Panwar, J.1. By the instant writ petition under Article 226 of the Constitution of India, the petitioners seek quashing of sale certificate and sale deed dated 31.12.2007 Annex. 4 and 5 in favour of M/s. Jai Vijay Industries.2. The facts and circumstances giving rise to the instant writ petition are that the petitioners were granted the loan by the respondent Rajasthan Financial Corporation (for short vthe RFC hereinafter) and as on 1.4.2002 a sum of Rs. 37,32,451/- was outstanding. A loan agreement was also executed and the property was pleaded by way of mortgage in favour of respondent RFC. As per the terms and conditions of the loan agreement, the petitioners were to repay the loan amount in installments, however, they failed to repay the loan amount and therefore, the respondent RFC initiated proceeding under Section 29 of the State Financial Corporation Act, 1951 (for short xthe Act' hereinafter) and took over the possession of the assets which were mortgaged as a security ag...
United India Insurance Co. Ltd. Vs. Ghewar Ram and ors.
Court: Rajasthan
Decided on: Sep-17-2008
Reported in: 2009ACJ336
Prakash Tatia, J.1. Heard learned Counsel for the appellant.2. This appeal has been preferred by the appellant insurance company to challenge the award passed in favour of the claimant in M.A.C.T. Case No. 49 of 2003 which has been decided along with other claim cases by the impugned judgment dated 13.7.2004 by the Motor Accidents Claims Tribunal (First), Jodhpur.3. Appellant has raised two grounds. One is that the claimant Ghewar Ram himself is earning person as he is employed person and in the present accident, wife of claimant died. In view of the Division Bench judgment of Madhya Pradesh High Court delivered in the case of Daljeetsingh v. Hardeepsingh : 2002(1)MPLJ110 , the earning husband cannot claim any compensation on account of the death of his earning wife in the accident and the second ground is that while computing the income of the deceased, the Tribunal has not deducted 1/3rd of the amount out of the income of deceased which the deceased would have used for her own expend...
Goa Antibiotics Vs. State of Rajasthan
Court: Rajasthan
Decided on: Sep-17-2008
Reported in: RLW2009(3)Raj2338
Narendra Kumar Jain, J.1. Admit Mr. Bharat Vyas, Additional Advocate General appears for the respondents.2. Heard learned Counsel for the parties3. The petitioner has preferred this writ petition challenging the impugned order dated 17th March, 2008 issued by the Licensing. Authority cancelling its license for manufacture of ayurvedic medicines.4. The learned Counsel for the petitioner contended that the order dated 17th March, 2008 (Annexue-11) issued by Deputy Secretary to the Government of Rajasthan makes it clear that a direction was given to Director-cum-Licensing Authority to cancel the license of the petitioner immediately and to black-list it and thereafter without giving any notice in accordance with Rule 159 of the Drugs and Cosmetics Rules, 1945, the licensing authority has cancelled his license, therefore, on the face of the order itself it is clear that without affording an opportunity of hearing, the license of the petitioner has been cancelled by the Licensing Authority,...
Dayal Chandra Mathur Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Sep-17-2008
Reported in: 2009(2)WLN244
H.R. Panwar, J.1. By the instant writ petition under Article 226 of the Constitution of India, the petitioner seeks to direct the respondents to reimburse his medical claim to the extent of actual expenses incurred by him for undergoing the treatment of Angioplasty at Sterling Hospital, Ahmedabad.2. The facts and circumstances giving rise to the instant write petition are that the petitioner who is Govt. servant working on the post of Executive Engineer and Technical Assistant in Public Works Department of the State. While the petitioner was posted as Executive Engineer, PWD, Division, Sagwada, district Dungarpur, in the month of November, 2003, he suddenly developed a server chest plain and was taken to Govt. Hospital, Udaipur for treatment. While undergoing treatment at Govt. Hospital, Udaipur, it revealed that the petitioner is suffering from heart ailment. However, he remained under treatment at the said Govt. Hospital, Udaipur from 06.11.2003 to 10.11.2003 in Intensive Care Unit a...
Bhagwan Sahai Vs. Udyog Bhawan Common Facility and anr.
Court: Rajasthan
Decided on: Sep-16-2008
Reported in: RLW2009(3)Raj2383
ORDERMohammad Rafiq, J.1. Petitioner has filed this writ petition with the prayer that action of the respondents in not granitng him regular pay scale of the post of Class-IV w.e.f. 17/1/1990 and not regularising his services from that date, be declared arbitrary, illegal, unconstitutional and that the respondents be directed to grant him regular pay scale and regularisation with effect from 19/11/1990 with all consequential benefits.2. Respondent-Udyog Bhawan Common Facility Jaipur is an organization created by the public sector establishments, offices of which are housed in Udyog Bhawan : Rajasthan State Industrial Development & Investment Corporation (R.I.I.C.O.), Rajasthan Financial Corporation (R.F.C.), Rajasthan Small Industries Corporation Ltd. (RAJ. S.I.C.O.), Rajasthan State Mineral Development Corporation Ltd. (R.S.M.D.C.) and Industry Department of the Government of Rajasthan. The petitioner claims that he was appointed with the respondents on the post of Messenger on 23/4/1...
Ghan Shyam Sharma Vs. Raj. State Road Transport Corporation and ors.
Court: Rajasthan
Decided on: Sep-16-2008
Reported in: RLW2009(2)Raj1078
ORDERMohammad Rafiq, J.1. Petitioner-Ghan Shyam Sharma has approached this Court in the present writ petition challenging the charge-sheet served upon him by the respondents - R.S.R.T.C. for holding de-novo enquiry in relation to an incident of 1981 and has prayed for quashment of the same with directions to the respondents to release his annual grade increments, make his fixation in revised pay scale, grant him selection scale from the date of his initial appointment and make payment of arrears thereof with interest @24%.2. The petitioner was appointed as Conductor with the respondents vide order dated 4/7/1980. A charge-sheet was served upon him on 13/11/1981 by the then Regional Manager, R.S.R.T.C., Jaipur to the effect that petitioner, while on duty in 1981 on Sawaimadhopur-Jaipur-via-Lalsote route, carried 14 passengers in the bus of the R.S.R.T.C. without ticket. After enquiry, petitioner was terminated from service by the order of the disciplinary authority dated 26/4/1983. Aggr...
Nishi Gupta (Dr.) Vs. Dr. Rahul Gupta
Court: Rajasthan
Decided on: Sep-16-2008
Reported in: RLW2009(2)Raj1091
Mahesh Chanda Sharma, J.1. The complainant petitioner has filed instant revision petition under Section 397 read with 401 Cr.P.C. against the impugned Judgment dated 3.6.2008 passed by Addl. District & Sessions Judge, No. 7, Jaipur City, Jaipur (for short 'appellate Court') in Criminal Appeal No. 40/2007 by which it Criminal Appeal No. 40/2007 by which it quashed and set-aside the order dated 25.6.2007 passed by Civil Judge (Jr. Division) & Judicial Magistrate No. 18, Jaipur City, Jaipur (for short 'trial Court') in criminal case No. 17/2007 and allowed the criminal appeal filed by respondent with certain directions.2. Brief facts of the case are that on 12.6.2007 respondent Dr. Rahul Gupta filed an application before trial Court under the provisions of Protection of Women from Domestic Violence Act, 2005 (for short 'the Act of 2005') for handing over custody of his son Anmol Gupta on each and every Sunday from 8:00 AM to 8:00 PM so that he along-with his parents can give love and affe...
Commercial Taxes Officer Vs. Metals and Alloys India Pvt. Ltd.
Court: Rajasthan
Decided on: Sep-16-2008
Reported in: (2009)24VST452(Raj)
Vineet Kothari, J.1. The Revenue has filed these revision petitions being aggrieved of the orders of Tax Board dated June 18, 2003, whereby, the Tax Board allowed the assessee's three appeals for assessment years 1990-91, 1991-92 and 1992-93 and set aside the order dated February 16, 2001 passed by the Deputy Commissioner (Appeals). The learned Commercial Taxes Officer had passed the order on March 14, 1997 for these three assessment years invoking his powers under Section 9 of the Central Sales Tax Act, 1956 read with Section 12 of the Rajasthan Sales Tax Act, 1994 applicable to escaped turnover on the ground that inter-State sales made by the assessee during these period were sales not supported by 'C' form required under Section 8(1) of the CST Act, therefore, exemption under the notification was not available to the assessee and the exemption wrongly availed was liable to be withdrawn and the assessee was liable to pay due CST applicable on such inter-state sales made by him.2. In ...
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