Rajasthan Court September 2009 Judgments
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Madan Lal Vs. Bhupender Singh
Court: Rajasthan
Decided on: Sep-07-2009
Reported in: RLW2010(1)Raj689
Gopal Krishan Vyas, J.1. In this second appeal, the judgment and decree dated 2.3.2009 passed by the Addl. District Judge (Fast Track) No. 4, Jodhpur in Civil Appeal decree No. 96/08 is under challenge, whereby, the learned lower appellate Court while dismissing the appeal affirmed the judgment and decree dated 26.2.2005 passed by Addl. Civil Judge (Jr. Dn.) No. 5, Jodhpur in Civil Original Case No. 16/98, by which, the appellant-tenant has been ordered to be evicted from the premises in question.2. According to brief facts of the case, respondent-landlord preferred suit for eviction and recovery of arrears of rent in the year 1998 with assertion that he was allotted plot by the U.I.T. Jodhpur and he is sole owner of the said plot upon which he has constructed a house, situated at Baiji-ka-Talab, near Ramdeoji Temple and said house was given on rent to the appellant-defendant under rent-deed dated 31.1.1976. Suit was filed on the basis of default as well as on the ground of bona fide n...
Sajjan Singh Vs. Kashi Lal and ors.
Court: Rajasthan
Decided on: Sep-04-2009
Reported in: RLW2010(1)Raj674
Gopal Krishan Vyas, J.1. In this second appeal, the appellant-defendant is challenging the judgment and decree dated 09.07.1993 passed by the Addl. Distrct Judge, Bhilwara (Camp Shahpura) in Civil First Appeal No. 46/87, whereby, the learned first appellate Judge confirmed the judgment and decree dated 28.09.1987 passed by the Civil Judge, Shahpura in Civil Original Suit No. 6/83 whereby the learned trial Court decreed the suit of the respondent-plaintiffs and passed preliminary decree for redemption of mortgage.2. Brief facts of the case are that respondent-plaintiffs Kashilal and Jagdish, both sons of Gokul Lal preferred suit for redemption of the mortgaged property with the averments that there are two nohara which are immovable property situated in village Phulia Kalan which were originally owned and possessed by one Kalyanmal Choudhary. Said Kalyan Mal Choudhary mortgaged the said property with predecessors of one Mangilal Bohra in the year 1890 for a consideration of Rs. 1200 (Ch...
A.C.T.O. Vs. Popular Timber Suppliers
Court: Rajasthan
Decided on: Sep-03-2009
Reported in: (2009)12VatReporter201
Gopal Krishan Vyas, J. 1. Heard learned Counsel for the parties.2. In this revision petition, the Commercial Taxation Department is challenging the order passed by Rajasthan Tax Board, Ajmer dated 17.5.2002, so also the order passed by Dy. Commissioner (Appeals), Udaipur dated 12.3.1999 whereby the Dy. Commissioner (Appeals), Udaipur set aside the assessment order dated 10.10.1997 passed by Asstt. Commercial Taxation Officer, Flying Squad, Banswara and set aside the imposed penalty of Rs. 26,900/-.3. Upon perusal of the entire record of the case, it is revealed that the Asstt. Commercial Taxation Officer, Flying Squad, Banswara imposed a penalty of Rs. 26,900/- for alleged violation of provisions of Rule 53 of the Rajasthan Sales Tax Rules, 1995 and Section 78 (2) of the Rajasthan Sales Tax Act, 1994. The respondent firm was not having the complete form ST-18-A when the goods were in movement so also the form ST-18-A was time barred. The Assistant Commercial Taxation Officer passed the...
Lekhraj Sharma Vs. Harsa Ram and ors.
Court: Rajasthan
Decided on: Sep-03-2009
Reported in: 2009(2)WLN52
Guman Singh, J.1. This appeal has been preferred on behalf of injured-appellant for enhancement of compensation awarded by the learned Motor Accident Claims Tribunal, Jaipur City, Jaipur vide judgment dt. 21.05.2000 whereby a sum of Rs. 12,000/- was awarded as no fault liability as the Tribunal has determined the total amount of compensation amounting to Rs. 20,500/- but the same was scaled down by 50% on account of contributory negligence at the part of injured.2. Learned Counsel for the appellant submits that the accident took place on 07.10.1993 at 9.30 PM when the injured who was on scooter, and was dashed from behind by the RSRTC bus while the scooterist was taking a turn around Chomu Circle in Jaipur City. It is also submitted that the fact that he was dashed from behind has been proved from the evidence adduced on behalf of injured as well as on the basis of site inspection memo Ex.4 and, as such, the finding of contributory negligence at the part of injured deserves to be set a...
Ramdeep Singh Vs. the Additional Sessions Judge (Fast Track) and ors.
Court: Rajasthan
Decided on: Sep-01-2009
Reported in: 2009(2)WLN231
Narendra Kumar Jain, J.1. Heard learned Counsel for the defendant-petitioner.2. The defendant-petitioner has preferred this writ petition challenging the impugned order dt. 10.07.2009 passed by the Additional Sessions Judge (Fast Track) No. 1, Bharatpur, whereby an application filed by the plaintiffs-respondents for amendment in the plaint under Order 6 Rule 17 CPC, has been allowed.3. The submission of the learned Counsel for the petitioner is that by way of this amendment made in the plaint, the nature of the suit has been changed, therefore, the impugned order is liable to be set aside by this Court. 4. I have considered his submission in the light of the reasons assigned by the trial Court in the impugned order.5. The trial Court has observed that the plaintiff-respondents filed the suit for cancellation of sale-deed and permanent injunction on the basis of 'Will' executed in their favour but on raising a plea / objection in the written statement that the 'Will' is forged one, the ...
Rekha Goyal (Smt.) and ors. Vs. Alim and ors.
Court: Rajasthan
Decided on: Sep-01-2009
Reported in: 2009(3)WLN507
Guman Singh, J.1. This appeal has been preferred on behalf of appellant-dependents of deceased Rajeev Goyal for enhancement of compensation awarded by the learned Motor Accident Claims Tribunal, Jaipur city, Jaipur vide judgment dt. 11.10.1999 whereby a sum of Rs. 10,36,096/- was awarded by way of compensation for the death of deceased in the accident.2. The only challenge in the appeal pertains to quantum of compensation only.3. Learned Counsel for the appellant submits that the learned Tribunal has failed to award adequate compensation as multiplier of 12 has been adopted whereas it should have been 15 as the date of birth of deceased was 09.11.1953 as per his income tax return Ex.18. It is also submitted that vide letter dt. 28.03.1999, the Tribunal was informed by the concerned department of deceased that his date of birth was 09.11.1953. Thus the age of the deceased on the date of accident was between 44 to 45 years. It is further submitted that by adopting the guidelines of Hon'b...
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