Court : Rajasthan
Reported in : RLW2005(4)Raj2533; 2005(4)WLC205
V.K. Bali, J.1. Dinesh Kumar the sole appellant herein, as per prosecution case is said to have intentionally caused death of Karni Ram on 18.3.1999 at 08.00/08.15 a.m. First Information Report with regard to incident was lodged on the same day within an hour so at 09.00 a.m. by Karni Ram himself which was recorded by Pane Singh, I.O. who was examined as P.W. 13. Special Report with regard to incident reached to the concerned Magistrate on 18.3.1999 at 11.30 a.m. Karani Ram succumbed to the injuries received by him on 30.3.1999. The appellant after trial has since been held guilty for offence under Section 302 IPC and sentenced to undergo life imprisonment as also to pay fine of Rs. 2,000/- and in default of payment of fine, to further undergo six months rigorous imprisonment vide order dated 24.7.2001 recorded by the Additional Sessions Judge (Fast Track), Sikar. It is against this order that the present appeal has been filed.2. During the course of trial, the prosecution examined Dr....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2006(1)Raj46; 2005(4)WLC370
Shiv Kumar Sharma, J.1. This appeal impugns the judgment dated October 28, 2002 of the. learned Additional Sessions Judge (Fast Track) Hindaun City rendered in Sessions Case No. 63/2001 (27/99) whereby the six appellants (herein after to be referred as 'accused'), who are the members of one family, have been convicted and sentenced as under:(1) Jagan Lal:Under Section 302 IPC:To suffer imprisonment for life and fine of Rs. 500/-, in default to further suffer three months rigorous imprisonment.Under Section 148 IPC:To suffer rigorous imprisonment for one year.Under Section 447 IPC:To suffer rigorous imprisonment for three months.Under Section 326/149 IPC:To suffer rigorous imprisonment for five years and fine of Rs. 2000/-, in default to further suffer six months rigorous imprisonment.Under Section 323/149 IPC:To suffer rigorous imprisonment for six months.Under Section 3/25 Arms Act:To suffer simple imprisonment for one year and fine of Rs. 1000/- in default to further suffer one month...
Tag this Judgment!Court : Rajasthan
Reported in : RLW2005(4)Raj2288; 2005(4)WLC100
N.P. Gupta, J.1. The appellants, by this appeal, seek to challenge the judgment and decree passed by the learned lower Appellant Court decreeing the plaintiff's suit for eviction, and thereby setting aside the judgment of the learned trial Court.2. The plaintiff had filed the suit for eviction on two grounds viz. default in payment of rent for the period 1.8.1987 to 30.6.1988 i.e. 11 months, and the second being the defendant having caused substantial damage to the properly. According to the defendant, the plaintiff is originally resident of Bhinasar, and lives in Calcutta, and that he had refused to remit the rent by money order, and therefore, as and when the plaintiff used to come, he receives the rent, and it is in this process that at the time of filing of suit, the amount for this period was due. Thus, the appellant has not committed any default. The allegation of causing substantial damage was also denied. In trial the plaintiff did not appear in the witness box, and examined p....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2006(4)Raj2843
Shiv Kumar Sharma, J.1. The appellants, three in number, along with Mukesh, (herein after to be referred as 'accused') have impugned the judgment dated July 18, 2001 of learned Additional Sessions Judge (Fast Track) Hindaun in Sessions Case No. 123/2001 (44/97), whereby the accused have been convicted and sentenced as under:(1) Thandi Ram and (2) Ghamandi:Under Section 302/34 IPC:Each to suffer imprisonment for life and fine of Rs. 10000/-, in default to further suffer six months simple imprisonment.Under Section 323 IPC:Each to suffer simple imprisonment for one month and fine of Rs. 200/-, in default to further suffer fifteen days simple imprisonment.(3) Madan:Under Section 302 IPC:To suffer imprisonment for life and fine of Rs. 10000/-, in default to further suffer six months simple imprisonment.Under Section 3/25 Arms Act:To suffer simple imprisonment for one year and fine of Rs. 300/-, in default to further suffer one month simple imprisonment.Sentences were directed to run concur...
Tag this Judgment!Court : Rajasthan
Reported in : AIR2006Raj8; RLW2005(4)Raj2749; 2005(4)WLC150
B. Prasad, J.1. This Special appeal has been filed against the decision of the learned Single Judge in Civil First Appeal No. 60/73 decided on 5th March, 1992. The proceedings were initiated on filing of Civil Original Suit No. 57/1965 in the court of Additional District Judge, Udaipur. The suit was for specific performance of contract entered in between the parties. After trial, the Trial Court was of the opinion that plaintiff has not been able to make out a case for ordering specific performance of contract. The Trial Court found that the document Ex.2 dated 7.12.62 was a false and forged document. It was concluded that Rs. 15,000/- received by the defendant was an independent loan transaction. It was repaid with interest to the plaintiff on 21.5.65 by holding the receipt Ex.A/2 to be genuine. The Trial Court also concluded that there was no transferable right vested with the defendant on the day when agreement was entered in between the parties. Since, there was no transferable rig...
Tag this Judgment!Court : Rajasthan
Reported in : RLW2005(4)Raj2761; 2005(3)WLC508
R.P. Vyas, J.1. The petitioner has filed the present writ petition under Articles 226/227 of the Constitution of India on 4.12.2001 against the respondents with a prayer that by an appropriate writ, order or direction the judgment and award dated 2.8.2001 Annex. 14 passed by the learned Judge, Labour Court, Jodhpur may kindly be quashed and set aside.2. The learned Counsel for the respondent No. 2 has submitted an application under Section 17B of the Act of 1947 and has stated that before deciding the writ petition, application under Section 17B of the Act of 1947 should be decided first. He has relied on the decision of this Court in the case of Ram Dhan v. The Judge, Labour Court and Ors. 20032 WLC Raj. 485 : RLW 20032 Raj. 999 and Management, Hindustan Machine Tools Ltd. v. Judge, Labour Court 1990-LB2-GJX 0111-Raj.3. The learned Counsel for the respondent No. 2 has also relied on the decision of Hon'ble Supreme Court in the case Workmen v. Hindustan Vegetables Oil Corporation Ltd. ...
Tag this Judgment!Court : Rajasthan
Reported in : RLW2006(1)Raj231; 2005(3)WLC709
Shiv Kumar Sharma, J.1. The appellants, five in number along with three others, were placed on trial before the learned Additional Sessions Judge (Fast Track) Behror District Alwar in Sessions Case No. 18/2002 (14/2002). Learned Judge vide judgment dated September 18, 2003 convicted and sentenced the appellants as under:(1) Mukesh Chand, (2) Vijay Singh, (3) Ramchandra, (4) Kanhaiya Lal and (5) Nannu Ram:Under Section 302/149 IPC:Each to suffer imprisonment for life and fine of Rs. 2000/-, in default to further suffer three months simple imprisonment.Under Section 148 IPC:Each to suffer rigorous imprisonment for one year and fine of Rs. 200/-, in default to further suffer one month simple imprisonment. Under Section 323 IPC:Each to suffer rigorous imprisonment for six months and fine of Rs. 200/-, in default to further suffer one month simple imprisonment. Under Section 447 IPC:Each to suffer rigorous imprisonment for one month. All sentences were directed to run concurrently.2. The pr...
Tag this Judgment!Court : Rajasthan
Reported in : (2005)197CTR(Raj)34; [2005]277ITR56(Raj)
1. The appeal was admitted in terms of the following question :'Whether, on the facts and in the circumstances of the case, the Tribunal was justified in reversing order passed by the CIT(A) on account of addition made by the AO regarding seized gold ornaments in absence of Panchnama or valuation report, irrespective of the fact that Panchnama was prepared at the time of search on 7th Sept., 1989 ?'2. A search was conducted in this case on 7th Sept., 1989, inter alia, jewellery weighing 382.5 gms. was found at the time of search. Before AO, the case of the assessee was that there are three ladies in the family and this jewellery belongs to them. The explanation was rejected and addition of Rs. 1,00,000 was made on account of unexplained investment in jewellery and precious stones.3. In appeal before the CIT(A), the CIT(A) considering the status of the assessee found that the gold jewellery belonged to three ladies and addition on account of unexplained investment in gold jewellery was ...
Tag this Judgment!Court : Rajasthan
Reported in : RLW2006(1)Raj89; 2005(3)WLC542
Ashok Parihar, J.1. Education, as the rest of the civilised world knows, is the surest way of eradicating the social and economic evils that plague our society. Without education democracy loses its meaning, efficacy and aspirations. India's economic progress during the last 55 years of independence has been crippled by the successive governments' dismal performance to provide free and universal education. Being a long term investment, education, as an agenda, has never found favour with any of the political parties who, on the other hand, give a false priority to short term populist policies of subsidies and reservations to enrich their vote-banks. Today, among almost all classes education is a burning issue. No home is silent these days when education comes up as a topic of conversation. In any highly competitive environment, education is the beginning and end of all families existence; it's like the proverbial 'survival of the fittest.' If you are not educated or are even semi- lite...
Tag this Judgment!Court : Rajasthan
Reported in : III(2005)ACC124; 2006ACJ2713
S.K. Keshote and Ajay Rastogi, JJ.1. This special appeal under Section 18 of the Rajasthan High Court Ordinance, 1949, is directed by non-claimant appellant, United India Insurance Co. Ltd. (for short, 'the appellant company') against the judgment dated 26.11.1997, of the learned single Judge, in S.B. Civil Miscellaneous Appeal No. 495 of 1995, under the impugned judgment the learned single Judge enhanced the amount of compensation to Rs. 11,10,796 from that of Rs. 5,00,000 awarded by learned Motor Accidents Claims Tribunal, Jaipur City, Jaipur in Claim Case No. 650 of 1992.2. The facts of the case, in brief, are that on 23.7.1992 when Ramdhan (since deceased) was going on a motor cycle towards Laxmi Mandir Cinema Hall, Jaipur, one truck bearing No. RJ 14-G 0221, driven rashly and negligently by its driver, struck the motor cycle of the deceased, he was crushed and died on the spot. The appellant company, undisputedly, insured the offending truck. Claimants-respondents are the widow, c...
Tag this Judgment!