Rajasthan Court January 2009 Judgments
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Dinesh Kumar Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jan-12-2009
Reported in: 2009(2)WLN378
Manak Mohta, J.1. Heard.2. By way of this revision petition the petitioner has assailed the validity and correctness of orders passed by the Courts below refusing to enlarge the juvenile on bail.3. The allegation against the juvenile is that he was caught alongwith co-accused while transporting 7 Qunital and 80 Kg Poppy Husk ('Dodapost') in a 'Tata Sumo Car' having fabricated number plate. The juvenile was detained on the spot and was sent to Observation Home, however, on 27.12.2005 he absconded and remained absconding for three years. He has now become major.4. An application under Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2001 (in short 'J.J. Act' ahead) was moved before the J.J. Court for releasing the juvenile on bail but that was rejected mainly on the ground that the juvenile remained absconding for a considerable period. Later on, the appeal was also rejected by the impugned order, thus, the revision has been preferred before this Court. Notice of...
Badam Bai and anr. Vs. Janrel Singh and ors.
Court: Rajasthan
Decided on: Jan-12-2009
Reported in: 2009(2)WLN433
Prakash Tatia, J.1. Heard learned Counsel for the parties.2. The appeal has been preferred by the mother of the victim deceased Nand Ram who died in the accident occurred on 09.02.2004 by the accident caused by the involvement of truck No. PB 06 D 9798 and tractor trolla No. RJH 7101 because of the reason that the Motor Accident Claims Tribunal, Chittorgarh though allowed the claim petition filed by the applicants/claimants including the appellant No. 1 and respondent No. 5-wife of deceased but awarded compensation of Rs. 50,000/- to the appellant No. 1-mother of deceased and awarded compensation of Rs. 3,40,000/- to the respondent No. 5-wife of deceased. The Tribunal also awarded entire interest to the respondent No. 5.3. The contention of learned Counsel for the appellant that the compensation awarded to the appellant No. 1 is too low. It will be worthwhile to mention here that the appellant No. 2 is alleged adopted son of the deceased but his claim was rejected by the Tribunal.4. Le...
Hazari Nath Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jan-12-2009
Reported in: 2009(2)WLN498
S.P. Pathak, J.1. This criminal appeal under Section 374(2) of the Code of Criminal Procedure has been filed against the judgment dt. 30.06.2003 passed by the learned Special Judge, NDPS Act Cases, Gangapurcity in Sessions Case No. 10/2003 for the offence under Section 8/15 of the NDPS Act whereby the accused has been convicted and sentenced for seven years rigorous imprisonment and fine of Rs. 10,000/-, in default of payment of which to further undergo 18 months rigorous imprisonment.2. Briefly stated the facts for the disposal of this case are that a complaint was received by the Excise Inspector Shri Madan Lal on 30.05.2002 regarding country made liquor. In pursuance of the information received, the Excise Inspector along with members of the raiding party left for the place to catch hold the person regarding whom information was received. On the way he found a person carrying a bag on his shoulder. He was stopped by the raiding party. The accused disclosed his name as Hazari Nath so...
Naju (Smt.) and ors. Vs. Dhala Ram and ors.
Court: Rajasthan
Decided on: Jan-12-2009
Reported in: 2009(2)WLN453
Prakash Tatia, J.1. Heard learned Counsel for the parties.2. The short point involved in this appeal is whether the Motor Accident Claims Tribunal, Barmer committed error by awarding interest from the date of award and by not awarding interest from the date of filing of the claim petition3. In view of Section 171 of the Motor Vehicles Act, 1988, the interest is required to be awarded from the date of filing of the claim petition.4. In view of the above facts and Section 171 of the Motor Vehicles Act, the award of interest from the date of award is set aside and it is held that the claimants shall be entitled to interest from the date of filing of the claim petition.5. Learned Counsel for the appellant also submitted that the award of interest at the rate of 6% per annum is too low.6. I do not find any reason to interfere in the award passed by the Tribunal for the accident which has occurred in the year 2001 and the Tribunal's discretion to award the interest at the rate of 6% p.a. can...
Sheik Sahazad Ahmed Vs. Sajjad HussaIn and anr.
Court: Rajasthan
Decided on: Jan-12-2009
Reported in: 2009(2)WLN491
Prakash Tatia, J.1. Heard learned Counsel for the petitioner.2. The petitioner's grievance is that in a petition for revocation of the succession certificate, an application was submitted by the petitioner-non-applicant in whose favour succession certificate was granted by the Court below under Order 7 Rule 11 CPC for rejection of the petition filed for revocation of the succession certificate. On that application instead of rejecting the applicant's petition for revocation of the succession certificate, the trial Court ordered that one of the applicant on whose behalf no power has been filed be transposed as non-applicant and further directed the petitioner-non-applicant to produce the original Will which is in possession of the petitioner-non-applicant.3. According to learned Counsel for the petitioner, the order is wholly without jurisdiction as has been passed without prayer of the even applicant and has been passed on application filed under Order 7 Rule 11 CPC filed by the petiti...
Commissioner of Income Tax Vs. Hans Marble Industries (P) Ltd.
Court: Rajasthan
Decided on: Jan-09-2009
Reported in: (2009)222CTR(Raj)206; [2009]180TAXMAN417(Raj)
1. Instant appeal filed under Section 260A of the IT Act, 1961 is directed against the judgment dt. 19th Dec, 2006 rendered in ITA Nos. 363 & 370/Jd/2001 (for the asst. yr. 1998-99), by the Tribunal, Jodhpur Bench by which the appeal filed by the assessee as well as Revenue has been partly allowed for statistical purpose only.2. According to Mr. K.K. Bissa, learned Counsel following substantial question of law arises out of the order of the Tribunal:Whether on the facts and in the present circumstances of the case as well as in the law, the learned Tribunal is justified in upholding the learned CIT(A)'s decision that the assessee fulfilled both the conditions of Section 32A(4)(i) of the IT Act, ignoring the facts of the case and allowing investment allowance of Rs. 6,14,450?3. Before the Tribunal Revenue has raised two grounds of appeal. We are concerned with second ground of appeal only. The facts of the ground No. (ii) of the Revenue's appeal before the Tribunal are that the AO has d...
Shakti Kumar Rathore Vs. State of Rajasthan and anr.
Court: Rajasthan
Decided on: Jan-09-2009
Reported in: 2009(3)WLN137
Mohammad Rafiq, J.1. This writ petition has been filed by the petitioner with the prayer to direct the respondents to pay him pension with interest @12% p.a. On delayed payments of pension and all other retiral benefits i.e. gratuity, commutation etc. for the period w.e.f. 01.02.2002 to 05.09.2002/09.09.2002, further, respondents be directed to pay to him a sum of Rs. 11,997/- and also the payment of TA bill amounting to Rs. 5,156/- with interest @15% p.a. and further the order dt. 27.07.2002 may be quashed demanding Rs. 15,428/- from petitioner on account of un-sanctioned house rent allowance for the period w.e.f. 01.02.2000 to 28.9.2000 and in case the same is recovered, it may directed to be refunded to him.2. For the reasons and grounds mentioned in the writ petition, the writ petition deserves acceptance. Otherwise also, the controversy involved is squarely covered by the reportable judgment of this Court rendered in Madan Swaroop Simlote v. State of Rajasthan and Ors. S.B. CIVIL ...
Shantilal Nyati Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Jan-09-2009
Reported in: 2009(2)WLN10
H.R. Panwar, J.1. By the instant writ petition under Article 226 of the Constitution of India, the petitioner seeks quashing of the order Annex.6 dt. 30.12.2004 and Annex.7 dt. 20.09.2004 and a direction to the respondents to reimburse the medical bills submitted by him with interest.2. I have heard learned Counsel for the parties.3. It is contended by learned Counsel for the petitioner that the petitioner is a Pensioner having been retired from the Govt. service. In the month of March, 2004 the petitioner went to Ahmedabad (Gujarat) where he suffered heart ailment as the petitioner was having the heart ailment problem being heart patient. He was taken to hospital namely Krishna Heart Institute, Ahmedabad in emergency on 26.03.2004 and admitted therein. After undergoing the various investigations and testings, the petitioner underwent heart surgery i.e. Coronary Artery Bypass Grafting on 26.03.2004 itself. The petitioner submitted his claim for reimbursement of the medical bills along ...
Pappu Ram and anr. Vs. Shiv Nath and ors.
Court: Rajasthan
Decided on: Jan-09-2009
Reported in: 2009(3)WLN552
Prakash Tatia, J.1. Heard learned Counsel for the appellant and learned Counsel for the respondent-Insurance Co. as nobody appeared on behalf of the respondents Nos. 1 and 2-driver and owner of the vehicle.2. The baby Pooja of the age of 4 years died in the accident occurred on 06.11.2005 caused by the respondent Shiv Nath while driving the tractor No. RJ22/R- 4947. The father and mother of the said girl submitted that claim petition before the Motor Accident Claims Tribunal, Sojat. The tribunal awarded lump sum amount of Rs. 55,000/- to the claimants, hence, this appeal has been preferred by the claimants for enhancement of the claim amount.3. According to learned Counsel for the appellant, even if the notional income is accepted as given in the schedule appended to Section 163A of the Motor Vehicles Act, 1988, the claimants could have been awarded compensation after calculating the amount by accepting the deceased income to be Rs. 15,000/- per annum.4. Since the claimants are mother ...
Nakoda Granite and Marmo Ltd. Vs. Yogendra Singhvi and anr.
Court: Rajasthan
Decided on: Jan-09-2009
Reported in: 2009(2)WLN121
Prakash Tatia, J.1. Heard learned Counsel for the parties. 2. The petitioner is aggrieved against the order dt. 18.02.2008 passed by the Court of District Judge, Rajsamand in Execution Case No. 6/2008 by which the executing Court has held that the award dt. 13.01.2006 which is sought to be executed is nullity and cannot be executed.3. Brief facts of the case are that according to the petitioner, in relation to the lease executed between the director of the petitioner company and the respondent No. 1, a dispute arose and as per Clause 31 of the lease agreement, the matter could have been referred to the Arbitrators named in Clause 31 of the lease agreement itself. By this clause Sarva Shri R.S. Tambi, Madhusudan Vyas and Giriraj Sanadhya were named as Arbitrators. According to the petitioner, when dispute arose and the matter came for consideration of the Arbitrators, then one of the Arbitrators - Shri R.S. Tambi did not come for arbitral proceedings and as per the facts mentioned in th...
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