Court : Rajasthan
Decided on : Mar-30-2005
Reported in : (2005)199CTR(Raj)422
rajesh balia, j. 1. heard learned counsel for the parties.2. the it appeal nos. 39 of 2004 and 48 of 2004 arise out of the order passed by the tribunal, jodhpur bench, jodhpur, dt. 15th july, 2003, deciding the cross-appeals filed by the revenue as well as by the assessee relating to assessment for the asst. yr. 1994-95. hence, they are being heard and decided together.3. the respondent-assessee is a liquor contractor who has acquired right to trade in alcohol, which is exclusive privilege of the state, relating to retail in bonded country liquor as well as indian made foreign liquor (imfl) for the area jodhpur, bilara, shergarh, baori and mathania for the accounting period 1993-94 relevant to the asst. yr. 1994-95.on 9th aug., 1995, the assessee filed his return declaring a total income of rs. 60,83,130. after the return was processed under section 143(1)(a) of the it act, 1961, notices under sections 142(1) and 143(3) were issued for framing regular assessment.during the course of inquiry, the ao was of the opinion that while cost of purchases made by the assessee is determinable and also the stocks, but sales being unvouched, as per the auditor's report, are not verifiable and there is no control on the price charged by the assessee on the alcohol vended by him, hence it is not possible to arrive at correct profits on the basis of books of account maintained by the assessee. hence, he rejected the books of account under section 145(2) and made a best judgment assessment on .....Tag this Judgment!
Court : Rajasthan
Decided on : Dec-19-2005
Reported in : RLW2006(1)Raj688
shiv kumar sharma, j.1. under the discretionary powers provided by rule 296 of the rajasthan panchayati raj rules, 1996, the state government appointed madan mohan sharma and dharmendra kumar sharma (mms and dks) on the post of teacher grade iii in the year 2000. the persons who were more meritorious than mms and dks filed writ petitions seeking their appointment on the post of teacher grade iii and quashing the appointment of mms and dks. learned single judge vide order dated february 12, 2001 struck down rule 296 and quashed the appointment of mms and dks. the prayer of the meritorious persons for appointing them on the said post was also declined. it is against this order of the learned single judge that these 73 appeals have been filed.2. contextual facts depict that on may 25, 1996 the posts of teacher grade iii were advertised by zila parishad sawai madhopur wherein it was stipulated that the selection process will be held in terms of the circular dated july 24,1995 issued by the state government in exercise of powers under rule 17(2) of rajasthan panchayat samitis and zila parishad act, 1959. last date of submitting the applications and documents in support of the eligibility and merit was fixed as june 17, 1996. in the circular dated july 24, 1995 it was stated that the marks secured by a candidate in secondary and b.ed/bstc course shall constitute the basis of preparing his merit for appointment on the post of teacher grade iii.3. on july 20, 1996 another circular .....Tag this Judgment!
Court : Rajasthan
Decided on : Nov-08-2005
Reported in : IV(2006)ACC735
ordern.k. jain, j.1. heard the learned counsel for the parties.2.the injured-appellant-madan lal has filed this appeal for enhancement of amount of compensation under section 173 of the motor vehicles act, 1988 against the judgment/award dated 14.12.1993 passed by motor accident claims tribunal, jaipur city, jaipur in mact case no. 1064/89.3. the counsel for the appellant contended that in this case the injured sustained 50% permanent disability whereas the learned tribunal has awarded only rs. 25,000 as compensation in respect of 50% permanent disability. he further submits that the income of the deceased was rs. 2,451 per month and his age was only 55 years at the time of accident, therefore, proper multiplier which ought to have been adopted in this case by the learned tribunal was 11 looking to all the facts and circumstances of the case. his submission is that if multiplier of 11 is adopted then the amount of compensation for 50% disability comes to rs. 1,61,766, therefore, his submission is that amount of compensation should be enhanced in respect of compensation for permanent disability. the counsel for the appellant has not challenged the amount of compensation awarded on account of mental agony and physical pain and under other heads.4. the learned counsel for the respondent-insurance company submits that looking to all the facts and circumstances of the case, the amount of compensation awarded by the tribunal is just and reasonable and this is not a fit case for .....Tag this Judgment!
Court : Rajasthan
Decided on : Aug-31-2005
Reported in : RLW2006(1)Raj161; 2005(4)WLC378
k.s. rathore, j.1. the petitioner who is a social worker has preferred this writ petition challenging the action of the respondents that interest of public at large is involved. the writ present petition was earlier registered as db civil writ petition as a public interest litigation and placed before the division bench and the division bench vide order dated 4.3.05 having heard the learned counsel for the petitioner observed that prima facie no public interest element is involved in the matter to entertain the petition and further observed that the petitioner in person is suffering from the action of the respondent therefore, the matter was ordered to be listed before the single bench.2. since the matter is referred by the division bench observing that the petitioner is personally aggrieved by the action of the respondents and policy framed by the state/national highways authority and union of india has not properly been followed, as also the policy and guidelines for allotment of retail outlet are generally flouted therefore this court has no option other than to hear the matter on merit.3. brief facts of the case are that the respondent no. 3, bharat petroleum corporation limited invited applications for allotment of retail outlet/dealership in jhotwara, jaipur, along with other 87 sites vide advertisement dated 10.2.2005 and the applications were invited upto 14.3.2005.4. the present petition is concerned with regard to allotment of retail outlet/dealership in jhotwara .....Tag this Judgment!
Court : Rajasthan
Decided on : Aug-30-2005
Reported in : RLW2005(4)Raj3033
prakash tatia, j.1. heard learned counsel for the parties.2. brief facts of the case are that the plaintiff-landlord earlier filed a suit for eviction against their tenant-deceased madanlal, which was registered as civil original suit no. 26/89. in that suit ground for eviction was default in payment of rent by the tenant. in the above suit no. 26/89, the trial court determined the arrears of rent under section 13(3) of the rajasthan premises (control of rent and eviction) act, 1950 and directed defendant-tenant to pay or deposit the arrears of rent and monthly rent month by month during trial of the suit. the defendant complied with the court's order and paid the rent of the suit premises in the suit no. 26/89. ultimately, the suit no. 26/89 of the plaintiff was decided by the judgment and decree dated 16.2.1991 and the court declared the tenant-defendant defaulter in payment of rent but no decree for eviction was passed against the tenant on the ground of default in payment of rent by the tenant as, as per law in the case of first default in payment of rent, if tenant deposits arrears of rent and pays rent during trial within period provided for that then tenant is entitled for benefit once of avoiding eviction decree against him.3. the landlord thereafter, filed another suit for eviction of the legal representatives of tenant as tenant madanlal died. in the present suit, apart from other grounds one of the ground was that the defendants have committed default in payment of .....Tag this Judgment!
Court : Rajasthan
Decided on : Feb-28-2005
Reported in : RLW2005(2)Raj1467; 2005(3)WLC129
f.c. bansal, j.1. the instant appeal has been preferred by accused-appellant devendra kumar @ kalua against the judgment dated 27.02.2003 passed by the learned special judge (sc/st act cases) cum sessions judge, bharatpur whereby the accused appellant has been convicted for the offence under section 376 of the indian penal code and sentenced to suffer r.i. for 7 years and a fine of rs. 5,000/-, in default of payment of fine to further suffer s.i. for one year. he has been acquitted of the charge under section 3(2) (v), sc/st (prevention of atrocities) act.2. briefly stated the facts of the prosecution case are that on 23.07.2000 at 9.00 p.m. prosecutrix pw2 reshma submitted a written report ex.p2 before the circle officer, bharatpur city at p.s. mathura gate, bharatpur wherein it was interalia stated that today at about 5.30 p.m. she had gone to her employer (contractor) to receive her payment of wages. the contractor told her that payment would be made on next day. when she was returning to her house, accused devendra @ kalua, by casfe-lodha met her on the way. devendra's shop is situated in front of her house. on being enquired by accused devendra she told that she was in need of the money but the contractor did not make payment of her wages. accused devendra assured her that money would be paid by him at his house and asked her to accompany him. thereafter she accompanied the accused who took her to the second storey of a house situated in front of bihari ji temple. two .....Tag this Judgment!
Court : Rajasthan
Decided on : Oct-17-2005
Reported in : I(2006)ACC84
orderajay rastogi, j.1. instant appeal has been filed by insurance company against order dated 19.7.2001 passed by motor accident claims tribunal, jaipur, ('tribunal'), in claim application no. 1705 of 1997, in exercise of powers under section 152, c.p.c., awarding interest @ 9% p.a., from the date of filing claim application till actual payment, on the compensation awarded vide award dated 23.6.2001.2. claim petition was filed by widow and three minor children of late jagdish prasad, who was working as helper drawing monthly salary of rs. 3,533 in electricity department, chomu, who met with an accident on 22.9.1997. the tribunal, after taking note of material on record awarded total compensation of rs. 4,36,170 but so far as grant of interest is concerned, no finding was recorded of denying interest to the claimants for the period from date of filing claim petition till actual payment. however, the tribunal granted interest @ 1?% p.a., only in case the compensation awarded is not paid within 45 days.3. immediately thereafter, claimants filed an application under section 152 c.p.c., seeking clarification that in ordinary course, interest over the compensation awarded was to be granted from the date of filing claim petition till actual payment, in the light of catena of decisions. the tribunal, after hearing both the parties, observed that since it escaped to its notice, and is an omission on his part, accordingly clarified the award with the direction that amount of .....Tag this Judgment!
Court : Rajasthan
Decided on : Jan-27-2005
Reported in : RLW2005(2)Raj1015
f.c. bansal, j.1. the instant appeal is directed against the judgment dated 30.09.2000 passed by the learned special judge (women atrocities & dowry cases), kola in sessions case no. 188/1997 whereby all the accused appellants have been convicted and sentenced as under:-rameshwar, kanwar under section 366 ipc r.i. for three years and a lal, tulsi rain, ashok fine of rs. 1,000/-, inand udai lal each default of payment offine to further suffer r.i.for three months.under section 376(2) r.i. for ten years and a(g) ipc fine of rs. 5,000/-, indefault of payment offine to further suffer r.i.for six months.under section 376 ipc no separate sentencehas been imposed.rami bai and kanchan under section 366 ipc r.i. for three years and abai each fine of rs. 1,000/-, indefault of payment offine to further suffer r.i.for three months.2. the prosecution case, in nutshell, is that on 22.02.92 at about 3.00 p.m. prosecutrix hemlata (pw5) was abducted from kola city and taken to rawatbhala by all the appellants and kept her in a hut. in the night appellants rameshwar, kanwarlal, tulsiram, ashok and udailal forcibly committed sexual intercourse with her. next day she was taken to another village by all the appellants and again in the night appellants rameshwar, kanwarlal, tulsiram, ashok and udailal committed rape on her in a house. in the morning she was taken to the house of appellant ashok situated in village gudda. in that house also sexual intercourse was forcibly committed with her by the .....Tag this Judgment!
Court : Rajasthan
Decided on : Mar-02-2005
Reported in : 2005CriLJ2127; RLW2005(3)Raj1560; 2005(2)WLC768
f.c. bansal, j.1. the instant appeal has been preferred by accused-appellant mohan singh against the judgment dated 7-8-2002 passed by the learned additional district and sessions judge (fast track), jaipur, district jaipur whereby the accused-appellant has been convicted for the offence punishable under section 376 of the indian penal code and sentenced to suffer s.i. for 7 years and a fine of rs. 500/-, in default to further suffer s.i. for six months.2. the case of the prosecution is that the appellant-mohan singh is the father-in-law of the prosecutrix pw-2 chain kanwar w/o shakti singh (pw-4). on the intervening night of 27th and 28th october, 1997 pw-4 shakti singh was sleeping at his maternal grandfather's home and in one of the rooms of the house belonging to the appellant, the prosecutrix was sleeping. at about 1.00 a.m. appellant asked the prosecutrix to open the door of her room on the pretext that her mother-in-law is not well. when the prosecutrix opened the door the appellant entered into the room, closed the door and thereafter forcibly committed sexual intercourse with the prosecutrix. at that time he was drunk and armed with a gun. when the appellant fell asleep in the same room, the prosecutrix came out and narrated the incident to her mother-in-law. her mother-in-law asked her not to tell anybody about the incident. the appellant kept the prosecutrix for 1-11/2 months at his house, used to beat her daily and she was dropped thereafter at her parents' house. .....Tag this Judgment!
Court : Rajasthan
Decided on : Mar-29-2005
Reported in : RLW2005(3)Raj1577; 2005(2)WLC829
f.c. bansal, j.1. the instant appeal is directed against the judgment dated 20.11.2003 passed by the learned additional sessions judge (fast track) no. 4, jhalawar whereby accused appellant jalim singh has been convicted under section 307 ipc and sentenced to suffer r.i. for five years and a fine of rs. 1,000/- in default of payment of fine to further undergo r.i. for one year. co-accused bhagwati, nand kishore and mohan have been acquitted of the charges under section 307/34 and 323/34 ipc.2. briefly stated, the facts of the prosecution case are that on 20.06.98 at about 12.00 noon appellant jalim singh fired a gunshot and caused injuries on the person of pw3 lakhmichand in front of the house of pw 12 sugren, brother of pw 3 lakhmichand in village nandiya khedi, p.s. jhalarapatan. as per the prosecution evidence, the appellant along with other accused had come at the house of sugren on previous day. they wanted to take away mst. salot d/o sugren forcibly who was already married to roopchand. on this account a scuffle took place between sugren and accused persons. sugren and jalim singh grappled each other. thereafter the appellant fired a shot and caused injuries on left elbow, right forearm, left thigh back of the chest and abdomen of pw 3 lakhmichand. on the basis of 'parcha-bayan' ex.p1 of pw 3 lakhmichand which was recorded by pw 10 mohan singh. asi, p.s. jhalarapatan in s.r.g. hospital, jhalawar, fir ex.p2 was registered and investigation commenced. on completion of .....Tag this Judgment!