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Judgment Search Results Home > Cases Phrase: mediation Court: rajasthan Year: 1995 Page 8 of about 80 results (0.011 seconds)

Sep 14 1995 (HC)

Satya Prakash Vs. Smt. Premlata

Court : Rajasthan

Decided on : Sep-14-1995

Reported in : I(1996)DMC657; 1996(1)WLC179

m.a.a. khan, j.1. this is a revision application under section 115 cpc against the order of the judge, family court dated 24.1.1995 passed on non-petitioner's application under section 24 of the hindu marriage act, 1955 (the marriage act).2. the husband-petitioner filed before the family court, ajmer a petition under section 13 of the marriage act against the wife-non-petitioner seeking dissolution of his marriage with the non-petitioner by a decree of divorce. after putting her appearance before the court the wife/non-petitioner moved an application under section 24 of the marriage act seeking maintenance pendente lite @ rs. 500/- per month for herself and @ rs. 300/- per month for her minor child plus travelling expenses per date of hearing and litigation expenses. after hearing the learned counsel for the parties on such application, the judge, family court granted maintenance pendente lite @ rs. 500/- per month, rs. 700/- per trip from hissar to ajmer and litigation expenses at rs. 1500/-. aggrieved by such order of the learned judge, the husband-petitioner has filed this revision application.3. at the very outset mr. mahendra goyal, the learned counsel for the non- applicant, raised a preliminary objection challenging the maintainability of this revision application under section 115 cpc. the learned counsel submitted that section 19 r/w section 7 of the family courts act, 1984 contemplatesanappeal only from the judgment or order passed by a family court. in this behalf .....

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Sep 18 1995 (HC)

Prakash Chandra JaIn Vs. Smt. Chandrawati Jain

Court : Rajasthan

Decided on : Sep-18-1995

Reported in : AIR1996Raj162; 1996(1)WLC261

b.r. arora, j. 1. this appeal is directed against the judgment dated 5-11-1992, passed by the learned judge, family court, udaipur, by which the learned judge of the family court dismissed the application under section 25 of the guardians and wards act, 1890, filed by the husband-appellant and refused to deliver the custody of the child to him from the custody of the mother-respondent. 2. appellant prakash chandra jain, on 28-1-1989, filed an application under section 25 of the guardians and wards act, 1890, in the court of the district judge, udaipur, for the custody of his son sumeet alias kshitiz, who is living with his mother smt. chandrawati jain. it is stated in the application that appellant prakash chandra jain was married with smt. chandrawati on 6-2-1982 at udaipur and out of this wed-lock, the son sumeet alia kshitiz was born on 20-9-1983. the nonapplicant chandrawati, in the month of november, 1985, along with her son sumeet, went to her parents house and since then she is living with her parents along with her son sumeet. it was, also, averred that the appellant-applicant is the natural guardian of sumeet as per the law and the welfare of the boy is in living with the father as the mother is not taking proper care of the boy and, therefore, his custody should be given to the applicant-father. the wife smt. chandrawati filed reply to the application on 15-7-1989, refuted all the allegations made against her in the application and stated that the welfare of the .....

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Jan 04 1995 (HC)

Controller of Estate Duty Vs. Smt. Nirmala Saxena

Court : Rajasthan

Decided on : Jan-04-1995

Reported in : (1995)126CTR(Raj)1; 1995(3)WLC79; 1995(1)WLN381

v.k. singhal, j.1. the income-tax appellate tribunal has referred the following question of law arising out of its order dated september 14, 1982, under section 64(1) of the estate duty act, 1953 :'whether, on the facts and in the circumstances of the case, the income-tax appellate tribunal was justified in holding that the share of the lineal descendants in the coparcenary house property was not includible in the principal estate of the assessee for rate purpose under section 54(1)(c)?'2. the facts as stated by the assistant controller of estate duty, jaipur, in his order dated february 5, 1980, are that the deceased had a 1/5th interest in the residential family house property belonging to the deceased, his wife and three sons. it was claimed that the value of the family property should be exempt under section 33(1)(n) as its value was below rs. 1,00,000. according to the assistant controller of estate duty, the value of the house property was assessed at a figure of rs. 65,000. the house property was assessed in land and building tax as on march 1, 1973, at a figure of rs. 56,500. therefore, in order to estimate the value as on april 1, 1973, the assistant controller considered it at a figure of rs. 1,00,000 and the 1/5th share of the deceased therein was exempted and the 3/5ths share of the three legal representatives was held liable to be included in the estate for rate purposes.3. in appeal, the appellate controller of estate duty following the decision in ced v. estate .....

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Jan 19 1995 (HC)

Madan Lal and ors. Vs. Chief Engineer, Public Health and Engineering D ...

Court : Rajasthan

Decided on : Jan-19-1995

Reported in : 1995(3)WLC130; 1995(1)WLN400

n.c. kochhar, j.1. since the facts of this writ petition filed on 15.11.1988 and the facts of sb civil writ petition no. 1384 of 1989 'vijay kumar v. chief engineer, public health & engineering department & others' (the other writ petition) filed on 12.12.1988 are same and the reply has been filed in this writ petition, both these writ petitions are being disposed of together by mentioning the facts of this writ petition only.2. the case set up by the petitioners is that on the requisition having been received from the respondent no. 3- superintending engineer, phed vide letter dated 11.6.84 (annx.1), the employment exchange, bharatpur had forwarded the names of 52 persons from genera] category and 20 persons from reserved category for making appointments on 4 posts of store munshies and the candidates so forwarded were interviewed by a selection committee on 10.7.1984 and the petitioners were declared successful for being appointed on the posts of store munshies, but, to their, surprise, they received letter dated 12.7.1984 issued by the respondent no. 3 appointing all of them as work charge helpers gr.ii in the pay scale of rs. 360-5-450-10-460 and that, they having no option, joined on the posts of helper gr. ii in the lower pay scale, but, thereafter, made representations complaining that they ought to have been appointed as store munshies and had learnt that under the directions of respondent no. 2 additional chief engineer (head quarter), phed, jaipur, the respondent no .....

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Apr 07 1995 (HC)

Madan Singh Vs. State of Rajasthan

Court : Rajasthan

Decided on : Apr-07-1995

Reported in : 1996(1)WLC211; 1995(2)WLN122

rajendra saxena, j.1. notice was given to learned public prosecutor who accepted the same.2. heard. perused the impugned order dt. 25.1.1995 passed by learned sessions judge, pali, whereby he dismissed the application filed on behalf of accused-petitioner for calling the case diary during the cross examination of pw 16 devilal, investigating officer.3. i have also perused the statement of pw. 16 devilal recorded by learned trial judge. the investigating officer cannot be forced to make use of the case diary for refreshing his memory. as per provisions of section 2(3) of cr. p.c. neither the accused nor his agent is entitled to call for the case diary nor he or his advocate is entitled to see it merely because the case diary is referred to by the court. the case diary can only be used, if the police officer uses it for refreshing his memory or if the court uses the same for the purpose of contradicting such police officer, because for such matter the provision of section 161 cr. p.c and section 145 of indian evidence act can be pressed into service. the accused has no unfertered right to make roving inspection of entires in the case diary. in mukund lal v. union of india and anr. : air1989sc144 , the constitutional validity of section 172 has also been upheld.4. in the instant case, pw. 16 devilal deposed that he did not remember as to whether the petitioner has filed a report. he did not also remember as to at what time he left the police station. for contradicting the said .....

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Nov 22 1995 (HC)

Commissioner of Income Tax Vs. Madan and Co.

Court : Rajasthan

Decided on : Nov-22-1995

Reported in : (1996)131CTR(Raj)459

b. r. arora, j. :the tribunal, jaipur bench, jaipur for the asst. yr. 1986-87 referred the following question of law under s. 256(1) of the act for the opinion of the high court :'whether, on the facts and in the circumstances of the case, the tribunal was legally justified in cancelling the order of cit passed under s. 263 and in holding that the unpaid sales-tax liability, if paid within time allowed under the sales-tax act, should not be disallowed by virtue of s. 43b of the it act ?'2. the material facts on the basis of which the above question of law is to be decided is similar to those in db it ref. no. 9 of 1992, cit vs. achal dass dhanraj decided on 27th march, 1995, [reported at (1995) 128 ctr (raj) 325]. the question referred for the opinion of the high court is identical with the question which were referred in db it ref. no. 9 of 1992. while answering the reference in db it ref. no. 9 of 1992 this court held that :'the tribunal was justified in directing that the amount of unpaid sales-tax liabilities to the last date of previous year could not be disallowed if it is found to have been paid subsequently, within the time allowed under the relevant sales-tax act. the proviso to s. 43b for that purpose is to be interpreted as clarificatory and applicable to the assessment years from 1984-85 to 1987-88.' 3. for the reasons given in d. b. i. t. ref. no. 9/92 cit vs. m/s achaldass dhanraj (supra) decided on 27th march, 1995 the question referred is also answered in .....

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Jun 30 1995 (HC)

The R.S.E.B. Accountants Associations Vs. the Rajasthan State Electric ...

Court : Rajasthan

Decided on : Jun-30-1995

Reported in : 1995(3)WLC1; 1995(2)WLN668

v.k. singhal, j.1. the following question has been referred to this full bench for consideration:whether in the schedule to the rajasthan state electricity board officers (recruitment, promotion and seniority) regulations, 1974 under entry no. 19 providing quota of 25% for promotion of accountants holding the qualification of intermediate with icwa or graduates with dcwa is valid and is not violative of articles 14 and 16 of the constitution?an objection was taken by the learned counsel for the respondents that in the present mater a writ petition was filed by the rajasthan rajya vidyut karamchari federation v. r.s.e.b., d.b. civil writ petition no. 5720/90 which was decided on 3.1.1991 and the prayer in the said writ petition was same which has been made in the present writ petition. it is submitted that the said writ petition was dismissed and, therefore, the members of rajasthan rajya vidyut karamchari federation which is a registered body, can not submit another writ petition in the name of an unregistered association. this objection is being raised on two grounds:i) that the matter is barred by principles of res-judicata, andii) that an unregistered association cannot file a writ petition as it has no fundamental right under chapter iii of the constitution of india.2. learned counsel for the petitioner has submitted that in accordance with the provisions of rule 59 of the high court of judicature for rajasthan rules. 1952 the full bench is bound to decide the question .....

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Sep 13 1995 (HC)

State of Rajasthan Vs. Mamraj and ors.

Court : Rajasthan

Decided on : Sep-13-1995

Reported in : 1996(1)ALT(Cri)14; 1996CriLJ1823; 1996(1)WLC104

order1. as this db cr. death reference besides db cr. jail appeal no. 201/95 'mam raj v. state of rajasthan', db cr. appeal no. 169/95 'mamraj v state of rajasthan', and db cr. appeal no. 146/95 'rameshwar v. state of rajasthan' arise out of the judgment dated 20-2-1995, passed by the learned additional sessions judge, kotputali, in sessions case no. 55/93 and db cr. misc. petition no. 453/95 'mamraj v. state of rajasthan' has been filed during the pendency of this reference, all these matters are being disposed of together by this judgment.2. the four respondents of this death reference namely; mamraj and jairam sons of bhagwana, residents of village naurangpura, rameshwar son of gheesa, resident of village kuhara and bharta son of sohanlal, resident of village khatoti were prosecuted in case fir no. 326/93 under sections 302, 307 and 460, i.p.c. of police station, kotputali in the court of the learned additional sessions judge, kotputali, with the prosecution story, in short, being as under:-3. hansraj and his elder brother gheesa sons of dhonkal were residing in adjoining houses in village banka police station, kotputali. hansraj was married to mahadi, the sister of surja (p.w. 34) and rameshwar (p.w. 35). hansaraj had no issue and as such adopted and had started keeping with him hardan (p.w. 5), the son of his brother gheesa. hansraj, however, felt annoyed with hardan and refused to keep him and started keeping prithvi (p.w. 31), the son of his brother-in-law surja (p.w. .....

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Jan 04 1995 (HC)

Hanuman Choudhary Vs. the State of Rajasthan and ors.

Court : Rajasthan

Decided on : Jan-04-1995

Reported in : 1995(2)WLC124; 1995(2)WLN395

anshuman singh, j.1. this petition under article 226 of the constitution of india has been filed as public interest litigation by mr. hanuman choudhary who is an advocate practising in the high court of rajasthan, jaipur.2. by means of the present petition the petitioner has challenged holding of elections to the panchayat raj institutions in rajasthan in two phases and has prayed for issuance of a writ of mandamus to the respondents to hold elections on the same day i.e. in one phase or in the alternate it has also been prayed that if the elections are allowed to be held in two phases by the respondents then the result of the elections held in two phases should be declared on the same day. under the provisions of rajasthan panchayti raj act, 1994 (act no. 13 of 1994) the state government has decided to hold elections for panchayat samiti, zila parichad and other panchayti raj institutions and in pursuance of the said decision the election commission has issued a schedule for holding the aforesaid elections which has been published in the newspaper known as rajasthan patrika, dated 29.12.94. a copy of the said schedule (programme of the elections) as published in rajasthan patrika has been filed as annexure-1 to this petition. from the aforesaid schedule, it appears that the election commission has decided to hold elections in two phases. in the first phase a voter shall be called upon to elect a member for the zila parishad and a member for the panchayat samiti. in the .....

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Sep 22 1995 (HC)

Ramanuj Vs. State of Rajasthan

Court : Rajasthan

Decided on : Sep-22-1995

Reported in : 1996CriLJ1790; 1996(2)WLC191

n.c. kochhar, j.1. the appellant was prosecuted in case fir no. 91 /1989, of police station - govindgarh, with the allegations that he had committed offences punishable under sections 302 and 309 of the indian penal code (ipc), in the court of the learned sessions judge, jaipur district,jaipur, who, vide the impugned judgment dated 7th february, 1994, has convicted him under section 302, ipc and vide the impugned order of the same date, has sentenced him to undergo imprisonment for life and to pay a fine of rs. 100/-, or in default of payment of fine, to undergo simple imprisonment for a further period of one month. the prosecution story was as under :-2. on 7th july, 1989, mukesh sharma (pw 1) had come to police station - govindgarh and had submitted a report (ex. p. 1), to the sho, prahlad singh (pw 12) (the investigating officer), stating that at about 11 -30 a.m. that morning, while he was sitting with bajrang jat, at his 'chhappar', situated on the main road, his younger-brother, srinivas, came running to him and told him that their father had been killed by ramu kaka (the appellant) and thereupon, he (pw 1) came to his house near the well at 'mahanto-ki-dhani', where he found his father lying dead on the floor inside the room and blood coming out of his head and the appellant standing with a blood-stained 'khusha' in his hand, and at his asking as to what had happened, the appellant told him that he had killed his (pw l's) father and that unless he ran away from there, .....

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