Rajasthan Court January 2009 Judgments
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Rajkamal O Sharma Vs. Kota Stone Syndicate
Court: Rajasthan
Decided on: Jan-28-2009
Reported in: 2009(2)WLN508
Bhanwaroo Khan, J.1. Petitioner Rajkamal O Sharma is facing trial for the offence under Section 138 of the Negotiable Instruments Act in the Court of Addl. Chief Judicial Magistrate, Ramganj Mandi. The petitioner submitted an application for summoning the witnesses which was rejected by the trial Court vide order dt. 26.11.2008. A revision petition preferred by the petitioner against this order came to be dismissed by the Addl. Sessions Judge, Ramganj Mandi vide order dt. 17.01.2009. Hence, this petition.2. Heard learned Counsel for the petitioner and perusd the impugned orders as well as the material produced on the record of the file. 3. Learned Counsel for the petitioner has submitted that no opportunity for leading defence evidence was ever granted to the petitioner and the witnesses to be examined in defence are such that he cannot produce them suo moto as they are government officials and his entire defence depends on their statements as from very beginning he has confronted the ...
Smt. Khatiza Qubra Alias Tara Bano Vs. Iabal Mohd.
Court: Rajasthan
Decided on: Jan-27-2009
Reported in: RLW2009(1)Raj847; 2009(1)WLN321
Vineet Kothari, J.1. With the consent of counsels, this second appeal is finally disposed of at admission stage. Following substantial questions of law as suggested in the memo of appeal are framed for consideration by this Court:(i) When the option of puberty is opted by a lady by her conduct and same is admitted by the opposite party, in that situation, whether it is necessary to obtain a decree for dissolution of marriage from a competent court?ii) Whether in the facts and circumstances of the present case, the suit for restitution of conjugal rights is maintainable?(iii) When the plaintiff himself admits that present appellant has entered into second marriage, then the decree for restitution of conjugal rights is justified or not?, iv) Whether the decree of restitution of conjugal rights can be executed when both the parties have remarried?2. The plaintiff - husband Iqbal Mohd. filed a suit for restitution of conjugal rights in the trial Court with the averment that his marriage to...
Swastic Polytex Pvt. Ltd. Vs. Oriental Insurance Co.
Court: Rajasthan
Decided on: Jan-27-2009
Reported in: RLW2009(2)Raj1391
Prakash Tatia, J.1. Heard learned Counsel for the parties.2. The applicant-company was running the business in the name and style of M/s. Swastik Polytex Pvt. Ltd. It took loan from the State Bank of Bikaner and Jaipur of Udaipur Branch. The company took the policy from the non-applicant and according to the applicant, the applicant got the factory, building, plant, machinery, vehicle and other installations insured from the respondent-non-applicant for a sum of Rs. 60,000/-vide fire policy bearing No. 827/99 for a period from 8.11.1998 to 7.11.1999 and for the raw material, finished goods, stock and process and packing material for a sum of Rs. 15,00,000/- only for the period from 30.1.1999 to 29.1.2000 vide policy No. 938/99. The premium was paid by the bank to the insurer by debiting the premium amount of the said two policies in the bank account of the applicant. The petitioner have placed on record the Photostat copies of the cover notes referred above.3. On 24.10.1999 fire took p...
Santosh Arora (Smt.) Vs. Vasudev Manghani and Sons and anr.
Court: Rajasthan
Decided on: Jan-27-2009
Reported in: RLW2009(2)Raj1474
Ashok Parihar, J.1. Suit for eviction was filed by the landlord against the defendant-appellant on the ground of default and nan-user, Subsequently, with the change of ownership of the premises in dispute, the purchaser was substituted as plaintiffs in the suit who are present plaintiff-respondents. The suit was allowed on the ground of default by the trial court vide judgment and decree dated 12.1.2007. The above judgment and decree passed by the trial court has further been affirmed by the lower appellate court vide judgment and decree dated 27.8,2008. Hence, the present appeal by the defendant-appellant.2. Mr. Mehta, learned Senior Advocate appearing on behalf of the appellant, submitted that admittedly an advance security deposit of Rs. 1 Lac had been received by the original landlord at the time of executing the rent deed. Since advance paid by the defendaht-appellant against security for rent was already deposited with the landlord, the arrears of rent could have been adjusted by...
Kan Singh Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Jan-27-2009
Reported in: RLW2009(2)Raj1544
H.R. Panwar, J.1. By the instant writ petition under Article 226 of the Constitution of India, the petitioner has challenged the order dated 15.11.2003 (Annex. 9) and order dated 1.5.2006 (Annex. 13) and a direction to the respondents to count service rendered by the petitioner in Indian Air Force i.e. 7 years and 344 days for the purpose of computation of period for grant of pension with the State services rendered by him as also a direction to the respondents to revise the pension of the petitioner w.e.f. 31.12.2002 with all consequential benefits.2. Briefly stated that facts of the case to the extent they are relevant and necessary for the decision of this writ petition are that the petitioner joined the Indian Air Force on 16th May, 1964 and served the Indian Air Force as a regular employee (combatant member) for 7 years and 344 days as an Airman (Air Craftsman), however, he was discharged from the Indian Air Force on medical ground on 23.4.1972. The petitioner was holding the rank...
Commissioner of Income Tax Vs. Krishi Upaj Mandi Samiti and ors.
Court: Rajasthan
Decided on: Jan-27-2009
Reported in: (2009)227CTR(Raj)79
Sangeet Lodha, J.1. Heard learned Counsel for the appellant.2. This bunch of appeals arise out of a common order dt. 15th April, 2008 passed by the Income-tax Appellate Tribunal, Jodhpur Bench, Jodhpur (in short 'Tribunal' hereinafter), whereby the appeals preferred by the Revenue against the orders passed by the Commissioner of Income-tax (Appeals) [in short 'CIT(A)' hereinafter] have been dismissed and some of the appeals preferred by the assessee, stand partly allowed.According to the learned Counsel for the Revenue following substantial questions of law as set out in the appeals arising out of the orders passed by the learned Tribunal, require adjudication by this Court:1. Whether the learned Tribunal was justified in confirming the order of CIT(A) directing the AO to adopt the status of assessee as charitable trust in accordance with order of the Tribunal dt. 14th Sept., 2007 notwithstanding that the issue of registration under Section 12A is under challenge by the Revenue ?2. Whe...
Santu Singh Vs. the Judge, Labour Court and ors.
Court: Rajasthan
Decided on: Jan-27-2009
Reported in: 2009(2)WLN88
H.R. Panwar, J.1. By the instant writ petition under Article 226 of the Constitution of India, the award Annex.P-5 dt. 17.05.2001 passed by respondent No. 1, the Judge, Labour Court, Jodhpur (for short 'the Labour Court' hereinafter) has been challenged qua the petitioner.2. I have heard learned Counsel for the parties.3. On a reference being made by the respondent State by notification dt. 09.04.1997 to the respondent Labour Court for adjudication, the reference came to be registered by the Labour Court and on notice to the parties, the petitioner filed the statement of claim and reply thereto was filed by the respondent-employer. By the award impugned Annex.P-5, the Labour Court held that the workman failed to establish that he has worked for 240 days in a calendar year and therefore, there was no necessity for issuing a notice or the salary in lieu of notice before terminating his services. Hence, this writ petition. 4. It is contended by learned Counsel for the petitioner that thou...
Sita Ram Meena Vs. Central Council for Research in Ayurveda and Siddha ...
Court: Rajasthan
Decided on: Jan-27-2009
Reported in: 2009(2)WLN383
Mohammad Rafiq, J.1. These two writ petitions have been filed by the petitioners challenging the order dt. 03/06.12.1994 (Ann.4 in both the writ petitions) by which respondents reduced their pay scale from Rs. 775-12-871-EB-14-1025 to that of Rs. 750-12- 870-EB-14-940. Learned Counsel argued that the respondents called name of some persons from the Employment Exchange Jaipur for the post of Attendant in pay scale of Rs. 775-12-871-EB-14- 1025; thereupon, names of the petitioners were sponsored by Employment Exchange Jaipur and, thereafter, respondent No. 2 issued an interview letter to the petitioners to appear for interview on 30.03.1991 at 10.00 a.m. and when they were selected, offer of appointment was given to them as per memorandum dt. 09.05.1991. Apart from other service conditions, it was clearly indicated therein that they would be appointed at the initial pay of Rs. 775/- per month in the scale of Rs. 775-12-871-EB-14-1025 and that they would also be entitled to get dearness a...
Ramesh Chand Ajmera Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jan-23-2009
Reported in: 2009CriLJ1842; RLW2010(1)Raj83
Guman Singh, J.1. Challenge in this appeal is to the judgment dated 28-3-2003 passed by Special Judge (Fake Currency Cases), Jaipur City, Jaipur, in Sessions Case No. 23/02, whereby Ramesh Chand Ajmera appellant herein, was convicted and sentenced as under:Under Section 302, IPCTo suffer imprisonment for life and fine of Rs. 1,000/- in default to further undergo rigorous imprisonment for a period of six months.2. Briefly stated, the prosecution case is that on 17-12-2001, at about 9.30 p.m. accused appellant Ramesh Chand went to the Police Station Sadar, Jaipur City (South) and reported that he was residing in House No. 144, Hasanpura behind C. P. W. D. and earned his livelihood through manual work. He lived there along with his wife Shakuntala and children and that he was harbouring a suspicion about the character of his wife for quite some time. He even did not go out to work for last two days and remained at his house. On 16-12-2001, he along with his family took dinner and went to ...
Raj Kumar Vs. Mst. Shevi Bai
Court: Rajasthan
Decided on: Jan-22-2009
Reported in: RLW2009(3)Raj2663
Vineet Kothari, J.1. This second appeal is directed against the concurrent judgments of two Courts below giving eviction decree in favour of the plaintiff- respondent in respect of the suit shop which was let out by the plaintiff - respondent to the defendant - appellant. The suit was filed by the plaintiff inter alia on the ground of default in payment of rent for the period from December, 1989 to August, 1991 and also on the ground of personal bonafide necessity for the plaintiff who was 60 years of age when the suit was filed in the year 1991, now she is 80 years of age. The plaintiff claimed that she is residing at first floor of the house and looking to her old age, she has to come down 15 to 20 ft. for stair case for using the latrine situated at the ground floor and therefore, she needs the shop in question for making her residence at the ground floor itself. Both the Courts below have found it to be a bonafide need of the plaintiff and decreed the suit for eviction. The plainti...
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