Court : Rajasthan
Reported in : 2006CriLJ2477; 2006(1)WLC563
R.S. Chauhan, J.1. For the rape and murder of a helpless woman Rekha, appellants have been sentenced to death. Learned trial Judge has referred papers of this case for confirmation of death sentence whereas the appellants have challenged order of conviction and sentence recorded against them by filing appeals. Substantial questions of general importance and somewhat ticklish, involved in the case are whether Rajesh, presented as an approver by the prosecution around whose testimony almost entire case of prosecution rests, qualify as an approver in view of his statements made under Sections 164, 306, Cr. P.C. and his testimony before the Court where he completely exculpates himself and inculpates only appellants and whether from narration of facts given by him, he rather appears to be a protestor, preventor and to some extent, even a victim of the crime himself. The other question of equal significance that confronts the Court is that if testimony of Rajesh is discarded as approver whet...
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
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(3)Raj2056; 2005(2)WLC10
Prakash Tatia, J.1. The Trial Court decreed the suit of the appellant-plaintiff for eviction of his tenant-respondent, from the suit premises, vide judgment and decree dated 16.8.1994. The appellate court reversed the judgment and the decree of the Trial Court vide judgment and decree dated 5.4.1997. Hence, this second appeal by the appellant-plaintiff-landlord against the judgment and decree of the first appellate court dated 5.4.1997.2. Brief facts of the case are that the plaintiff-appellant, who was in service in the year 1974, let out one of his shop, out of his three shops, situated in his house to the defendant- deceased Kanhaiya Lal on 2.10.1974 on rent of Rs. 110/- per month excluding the charges for the electricity, water and house-tax. The plaintiff filed the suit for eviction against the defendant-tenant on 28.10.1977. The plaintiff in his plaint stated that the suit shop was let out to the defendant for commercial purposes but instead of doing the business in his own name,...
Tag this Judgment!Court : Rajasthan
Reported in : RLW2004(4)Raj2097; 2004(4)WLC347
N.P. Gupta, J.1. Vide order dt. 2.3.2000, notice for final hearing was issued. Notice of the stay application was also issued. Thereafter vide order dt. 29.3.2000, after service of the respondent, the matter was ordered to be listed for final hearing on 10.4.2000. On 10.4.2000, again the matter was ordered to be listed for hearing on 18.4.2000, then arguments were heard, and vide judgment dt. 28.4.2000, the writ petition was allowed. Against that order, a D.B. Special Appeal, being D.B. Civil Special Appeal No. 442/2000, was filed, and vide judgment dt. 13.4.2001, the same was allowed, on the short ground, that in a absence of appearance of appellant (present respondent No. 4), at best, the writ petition ought to have been admitted, and fresh notice ought to have been issued. It was also noticed, that though Vakalatnama is said to have been filed on behalf of respondent No. 4, it could not be placed on record, for certain reasons, which were also noticed, and therefore, the order passe...
Tag this Judgment!Court : Rajasthan
Reported in : (2004)191CTR(Raj)339; [2005]275ITR485(Raj)
Rajesh Balia, J.1. This is an appeal under Section 27A of the WT Act and the office has wrongly registered it as OTR Tax Ref.2. The office is directed to register it as an appeal and number it accordingly.3. This appeal is directed against the order passed by the Tribunal, Jodhpur Bench, Jodhpur in WTA No. 74/Jp/1995 for asst. yr. 1983-84 and relates to the validity of the proceedings of reassessment in pursuance of the notice dt. 23rd March, 1994 in respect of asst. yr. 1983-84.4. The facts which are found by the Tribunal and are not in dispute shows that in the first instance, the assessment for 1983-84 under the WT Act, 1957, was completed on 16th Feb., 1984 which was founded on the order of the Tribunal in the case of Seth Pussalal Mansinghka Trust for asst. yrs. 1980-81 and 1982-83 in which the assessee was allowed to exercise the option about inclusion of value of immovable property in question, which was under the said trust in the hands of the appellant from asst. yr. 1982-83 o...
Tag this Judgment!Court : Rajasthan
Reported in : RLW2004(3)Raj1788; 2004(4)WLC17
Anil Dev Singh, C.J.1. These two appeals are directed against the order dated January 10, 2003 of the learned Single Judge rendered in SB Civil Writ Petitions Nos. 8191/2002 & 8184/2002, to the extent the notification dated July 10, 2002, Annexure-3 to the writ petition, issued under Section 4 of the Land Acquisition Act, 1894 (for short 'the LA Act'), has been upheld.2. The brief facts leading to the filing of these two appeals are as follows:On July 10, 2002, twenty feet wide strip of land on either side of Bhawani Singh Road between Indira Circle and Ram Bagh Circle for the purposes of widening the road was notified by the State under Section 4 of the LA Act. The Notification was published in the Official Gazette. It was also published on July 27, 2002 in two daily newspapers, having circulation in the locality. Besides, on August 29, 2002, the District Collector, Jaipur caused public notice of the substance of the Notification in the locality Pursuant to the Notification under Sect...
Tag this Judgment!Court : Rajasthan
Reported in : AIR2003Raj340; RLW2004(1)Raj373; 2004(1)WLC201
ORDERB. Prasad, J. 1. The petitioner has filed this petition claiming that in Rule 32 of the Rajasthan Minor Mineral Concession Rules, 1986 (hereinafter referred to as 'the Rules of 1986') there is a Chapter IV which deals with the Royalty Collection Contract or Excess Royalty Collection Contract. Rule 32 of this Rule provides that royalty collection contract may be given in respect of such area and such mineral as the Director may by a general or special order direct. Rule 35 of the Rules of 1986 inter alia gives a procedure for inviting tenders.2. The case of the petitioner is that pursuant to the powers conferred under Rules 32 and 35 of the Rules of 1986, respondent No. 3 invited tenders vide tender notice dated 4-6-2003 for the purposes of granting Excess Royalty Collection Contract on minor mineral 'marble' for the areas comprising in Tehsil Banswara. Gaddi of District Banswara and Tehsil Aaspur of Dungarpur. A copy of the tender notice is produced with the writ petition as Annex...
Tag this Judgment!Court : Rajasthan
Reported in : AIR2002Raj293; 2001(1)WLC709
Ashok Parihar, J. 1. Legislative Assembly elections, including Nainwa Assembly Constituency of the Rajasthan Vidhan Sabha, were held in the month of November, 1998. As per the programme notified by the Election Commission, nomination papers were to be filed upto 3.00 P.M. of 6.11.1998. Scrutiny of the nomination papers was to takeplace on 7.11.1998. The last date for withdrawal of candidature was 9.11.1998. The election (polling) took place on 25.11.1998 and the results were declared on 28.11.1998. Respondent, Mr. Prabhulal Karsolia, was declared elected defeating his nearest rival Mr. Hari Mohan Sharma, the petitioner, by 6335 votes.2. The present election petition has been filed by the petitioner mainly on the ground of improper rejection of the nomination paper of one Mr. Mahendra Singh Gurjar. The petitioner filed his nomination paper as a candidate of the Indian National Congress, a registered and recognised political party. The respondent filed his nomination paper as a candidate...
Tag this Judgment!Court : Rajasthan
Reported in : 2002(50)BLJR2508
Madan, J.1. The appellant (defendant) has challenged the judgment & decree dated 21.8.99 of the ADJ No. 2, Ajmer who allowed respondent's civil appeal No. 1/98 by setting aside trial Court's judgment dated 15.1.96 in civil suit No. 8/91, and accordingly granted decree of eviction against the tenant (appellant.2. Facts giving rise to this second appeal briefly stated, are that the plaintiffs (respondents-landlords) instituted a civil suit seeking decree of arrears of rent due from 1.1.1990 @ Rs. 50/-per month and for eviction of the defendant (appellant) from the suit shop described in the plaint on the grounds inter alia of-(1) default in making payment of regular & monthly rent @ Rs. 50/- from 1.1.1990, (2) denial of title of landlords (plaintiffs) as to the suit shop; and (3) bona fide and reasonable need of the plaintiffs.3. In written statement, the defendants denied the averments of the plaint to the effect that the plaintiffs had purchased Khasra Nos. 2098 & 2099, Christian Ganj ...
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