Court : Rajasthan
Reported in : 1970WLN398
Jagat Narain, C.J.1. This is an appeal by the State of Rajasthan (defendant No. 2) against a decree of the District Judge, Kota, dated 25-9-58 decreeing a suit instituted against it and against the Union of India (defendant No. 1) by the Associated Stone Industries Kota (hereinafter referred to as the Company).2. The relevant facts are that the Ruler of the erstwhile State of Kota entered into an agreement Ex. A on 2-5- 45 with the Company for quarrying Kachcha stone from the Tehsils of Ramganj Mandi and Chochat. Monopoly rights for quarrying Kachcha stone in these two tehsils were granted to the Company for a period of 15 years from 1-10- 44. The terms and conditions contained in Clause 18(1) of the agreement ran as under:In consideration of the concessions and privileges granted by the Grantor and in lieu of income-tax, super tax and excess profits tax, the Grantee convenant to pay to the Grantor royalty on the stone excavated at the rate of rupee one per 100 sq. ft., subjected to th...
Tag this Judgment!Court : Rajasthan
Reported in : AIR1971Raj128
Jagat Narayan, C.J. 1. This is an appeal by the State of Rajasthan (defendant No. 2) against a decree of the District Judge, Kota, dated 25-9-58 decreeing a suit instituted against it and against the Union of India (defendant No. 1) by the Associated Stone Industries Kota (hereinafter referred to as the Company). 2. The relevant facts are that the Ruler of the erstwhile State of Kota entered into an agreement Ex. A on 2-5-45 with the Company for quarrying Kachcha stone from the Tehsils of Ramganj Mandi and Chechat. Monopoly rights for quarrying Kachcha stone in these two tehsils were granted to the Company for a period of 15 years from 1-10-44- The terms and conditions contained in Clause 18 (i) of the agreement ran as under :-- 'In consideration of the concessions and privileges granted by the Grantor and in lieu of income-tax, super-tax and excess profits tax, the Grantee covenant to pay to the Grantor royalty on the stone excavated at the rate of rupee one per 100 sq. ft., subject t...
Tag this Judgment!Court : Rajasthan
Reported in : AIR1961Raj6
Sarjoo Prosad, C.J.1. This is a special appeal against the judgment and decree of Bhandari J, sitting single, confirming in second appeal the decision of the District Judge, Jaipur. Leave to appeal has been granted by the learned Judge.2. The appeal relates to a suit filed by the plaintiff-respondent, The Maharaja Kishangarh Mills Ltd., for recovery of Rs. 3539/7/- from the defendant Municipal Committee, which is the appellant here. The plaintiff alleged that the Municipal Committee Madanganj had borrowed on 9-7-1947 a sum of Rs, 3,000/- and agreed to pay interest at the rate of 6 per cent per annum, after the loan had been duly sanctioned by the Mahkama Khas of the then Kishangarh State. Later the Municipal Committee Madanganj merged in the Municipal Committee Kishangarh and plaintiff averred that, by virtue of the merger, the defendant became liable to pay the aforesaid amount with interest.The defendant resisted the claim and its liability to pay the amount; but admitted that in any...
Tag this Judgment!Court : Rajasthan
Reported in : AIR2006Raj128; I(2006)DMC667; RLW2006(1)Raj612; 2006(1)WLC648
V.K. Bali, J. 1. Sudarshan Bhatia, born and brought up in the State of Rajas-than, but stated to be a Canadian citizen, died on 21.4.1989 in Germany leaving behind considerable movable and immovable properties. Poonam Bhati his wife and Smita Bhatia, minor daughters, said to have been born out of the wedlock of Sudarshan Bhatia and Poonam Bhatia, successfully sought succession certificate with regard to the movable properties of deceased Sudarshan Bhatia, details whereof have been given in the application under Section 372 of the Indian succession Act itself as the same was allowed vide orders dated 6.12.1999 passed by the District Judge, Jaipur City, Jaipur. Whereas Surendra Bhatia brother of Sudarshan Bhatia resisted grant of succession certificate to Poonam Bhati and her daughter Smita on the basis of Will dated 17.4.1989 (Ex.A.l) said to have been executed by Sudarshan Bhati, his sister resisted the same on the ground that movable properties owned by Sudarshan Bhatia were made from...
Tag this Judgment!Court : Rajasthan
Reported in : 1993CriLJ3776
ORDERN.L. Tibrewal, J.1. In all these bail applications under Section 439, Cr. P. C., important questions of law of general importance have been raised, which also involve interpretation of Sections 36A and 37 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (In short, The Act' or 'NDPS Act'). The questions may be formulated as under:-1. Whether under the proviso (a) to Section 167(2) of the Code of Criminal Procedure an accused can claim bail as of right if Charge-sheet is not filed after completion of investigation within 90/60 days?2. If so, whether the right can be claimed even after the filing of charge-sheet?3. Whether provisions of Section 37 of NDPS Act override Sub-section (2) of Section 167 of the Code of Criminal Procedure, 1973, and bail cannot be granted unless conditions contained in clauses (i) & (ii) of Section 37(1)(b) are satisfied ?2. In all the three bail applications the accused persons were arrested under Section 8/18 and 8/19 NDPS Act but Cognizance by t...
Tag this Judgment!Court : Rajasthan
Reported in : 1998CriLJ612; 1998(1)WLC90; 1997(2)WLN375
V.K. Singhal, J. 1. By this writ petition the provisions of Section 32A, of the Narcotics Drugs and Psychotropic Substances Act, 1985 have been challenged.2. The petitioner is the wife of Satya Narain who was convicted under Section 22 of the Act for 10 years Rigorous Imprisonment and a fine of Rs. one lac for the offence under NDPS Act. The appeal against the conviction has also been dismissed. Satya Narain was undergoing the sentence in Central Jail Sabarmati, Ahmedabad and thereafter he was transferred to Central Jail, Bikaner. He was kept in open air camp till 1996 and thereafter was sent back to Central Jail, Jodhpur. The grievance is that the provisions of Section 32A of the Act prohibits remission of sentence. It is ultra vires the provisions of Articles 14 and 21 of the Constitution of India as in respect of other offences under IPC, where punishment is of 10 years or more, the provisions of remission are applicable. Restricting the provisions by not granted the bail during tri...
Tag this Judgment!Court : Rajasthan
Reported in : 2005(103)ECC152; 2005(186)ELT3(Raj)
ORDERRajesh Balia, J.1. The petitioner is a limited Company incorporated under the provisions of Companies Act, 1956. Amongst others, the petitioner Company is engaged in the business of manufacture of tyres for which it has its manufacturing facility at Kankroli, Rajasthan. For the purposes of its manufacturing in Rajasthan of such tyres, the petitioner imports Nylon Tyre Cord Fabric (NTCF) from various manufacturers/exporters of other countries including from those situated in Peoples Republic of China. The NTCF so imported is comprised of three different varieties namely, the grey fabric, dipped fabric and Cycle Tyre Cord Fabric (CTC). The petitioner is also a member of Automotive Tyre Manufacturer Association (ATMA). The association represents the collective interest of tyre manufacturers.2. The Association of Synthetic Fibre Industry (ASFI), whose members are the manufacturers of synthetic fibre in India, including NTCF, submitted a written application before the Designated Author...
Tag this Judgment!Court : Rajasthan
Reported in : RLW2005(2)Raj1385; 2005(4)WLC163
N.N. Mathur, J.1. A sordid and obnoxious incident of rape on a foreign lady tourist In the intervening night of 11th and 12th May, 2005 reported In the regional Newspapers evoked the judicial conscience to take suo moto cognizance, considering that the Constitutional Courts vested with the powers under Article 226 of the Constitution of India, can no more be a silent spectator in the matter of violent crime against women and wait for its turn for dispensation of justice as provided under the relevant provisions of law.2. In order to combat the increasing crime against women and to ensure protection and preservation of their human rights, - the Criminal Justice System needs to be addressed from the point of view of systematic Victim Support Service. There is need to promote proactive role of police as well as the trial Courts. Thus, In order to expedite the investigation, to provide protection to the victim, ensuring production of material witnesses during trial without delay, expeditio...
Tag this Judgment!Court : Rajasthan Jodhpur
S.B. CIVIL WRIT PETITION NO.4790/2009 SHREE CEMENT LTD. V/S STATE OF RAJASTHAN DTD. 11.10.20111/105IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR. S.B. CIVIL WRIT PETITION NO.4790/2009 Shree Cement Ltd. V/s State of Rajasthan and ors. Date of Judgment : 11th October 2011PRESENT HON'BLE DR. JUSTICE VINEET KOTHARI REPORTABLE Mr.S.Ganesh, Sr. Advocate, assisted by Mr.Ramit Mehta, for the petitioner. Mr. G.S. Bapna, Advocate General and Sr. Advocate with Mr. Vineet Mathur, Lokesh Mathur, Mr.Sunil Beniwal, for the respondents. BY THE COURT -1. How negative executive interventions, lack of political will and wisdom can cause laggard, sluggish and distorted industrial growth in a State, though rich in minerals, lime stone in present case in the State of Rajasthan and sufferer is a cement manufacturing unit, will be borne out from what follows in this case. 2. Another caveat on legislative practices, particularly subordinate legislation and executive policy decisions and the decision...
Tag this Judgment!Court : Rajasthan
Reported in : (1985)ILLJ111Raj
G.M. Lodha J.1. Durante bene placito' ruled the world with waves of 'laissez faire' up to 19th century, Political as well as Industrial revolutions brought new tides of workers emancipation from exploitation resulting in new concepts of 'status', 'security of service', 'releases from bonded labour'. Not to talk of Karl Marx or Lenin, even Abraham Lincoln and Roosvelt pleaded for 'Dignity of Labour', 'Equality', Dueprocess of law, and that resulted in New Deal Legislations, Inspired by Mahatma Gandhi, the Founding fathers of the great Indian constitution brought the dream of 'Ravi' true when preamble of the 'Socialist Republic of India' embodied 'Equality' of status' and 'opportunity'. Justice, 'social, economic and political' targets 'followed' by Directives and fundamental rights of equality in Article 14 and equal opportunity in services in Article 16.2. Articulation of 14 and 16 in 1948 and 43A in 1976, whether gave death blow to 'durante bene placito' is even now a billion dollar q...
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