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Judgment Search Results Home > Cases Phrase: mediation Court: rajasthan Year: 2006 Page 2 of about 88 results (0.011 seconds)

Feb 01 2006 (HC)

Gulab Vs. Board of Revenue and ors.

Court : Rajasthan

Decided on : Feb-01-2006

Reported in : AIR2006Raj162; 2006(2)WLC463

orderk.s. rathore, j.1. the substantial question of law involved in this writ petition is whether the provisions of hindu succession act, 1956 is applicable to the member of the scheduled tribes.2. brief facts of the case are that non-petitioners smt. shanti devi & ramdhani filed a suit for declaration of khatedari rights and cancellation of mutation entries and declaration of gift deed dated 6-5-1978 executed by smt. itbai in favour of the petitioner gulab as null and ineffective and also for correction of entries in revenue record with regard to agriculture land in question against the petitioner and one smt. itbai, in the court of sd gangapur city.3. the petitioner also filed a cross suit for declaration of tenancy right, injunction and correction of revenue entries against the non-petitioner nos. 2 to 5 with regard to the same agriculture land in question.4. both the suits were consolidated and transferred to the court of assistant collector, sapotra, gangapur city.5. the assistant collector, sapotra al- lowed the suit of the petitioner and dismissed the suit of the respondents-shanti devi and ram dhani vide judgment dated 12-11-1987.6. the respondents filed an appeal before the revenue appellate authority. the revenue appellate authority vide judgment dated 25 3-1989 upheld the judgment passed by the assistant collector, sapotra.7. aggrieving and dissatisfying with the judgment dated 25-3-1989, the respondents preferred an appeal before the board of revenue. the board of .....

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Nov 03 2006 (HC)

Madan Singh Vs. State of Rajasthan

Court : Rajasthan

Decided on : Nov-03-2006

Reported in : RLW2007(2)Raj1189

shiv kumar sharma, j.1. madan singh, the appellant herein, was put to trial for having committed murder of nirma. learned additional sessions judge (fast track) no. 2 bharatpur, vide judgment dated march 4, 2002 found the appellant guilty and convicted and sentenced him under section 302 ipc to suffer imprisonment for life and fine of rs. 500/-, in default to further suffer imprisonment for one month.2. it is the prosecution case that informant binda (pw.4) on october 15, 2000 submitted a written report at police station bhusawar stating therein that on the said day around 9 am while his wife nirma was returning from the field carrying fodder along with her younger sisters gopali and vimla, the appellant, who was hiding near the well of devi ram, infliced axe-blow on the head of nirma and cut her neck due to which she died on spot. on being informed by mohan and mukesh, he reached on the spot and found his wife dead. on that report a case under section 302 ipc was registered and investigation commenced. dead body of nirma was subjected to autopsy, necessary memos were drawn, statements of witnesses were recorded, the appellant was arrested and on completion of investigation charge sheet was filed. in due course the case came up for trial before the learned additional sessions judge (fast track) no. 2 bharatpur. charge under section 302 ipc was framed against the appellant, who denied the charge and claimed trial. the prosecution in support of its case examined as many as 19 .....

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Aug 29 2006 (HC)

State of Rajasthan and anr. Vs. Madan Singh and ors.

Court : Rajasthan

Decided on : Aug-29-2006

Reported in : RLW2007(1)Raj28

mohammad rafiq, j.1. these two writ petitions have been preferred by the state of rajasthan challenging the orders of the rajasthan civil services appellate tribunal (for short 'the service tribunal') dated 9th july, 2001 passed in writ petition no. 4006/01 and dated 16th may, 2001 passed in writ petition no. 4007/01. by these two orders, the tribunal decided two separate appeals preferred by the respondents as the question of law involved in these cases are identical therefore they are being decided together by a common judgment.2. the case of respondent no. 1 madan singh in writ petition no. 2006/01 is that his name was sponsored by the employment exchange and on that basis development officer, panchayat samiti, sirohi called him for interview on 2nd july, 1982 and thereafter appointed him vide order dated 13th july, 1982 on the post of teacher gr. ill for a period of six months or till the availability of the selected candidates from service selection commission in the pay scale of 355-10-415-15-550-20-570. upon being further selected by zila parishad, sirohi, he was appointed on regular basis vide order dated 23.11.1984. thereafter on completion of period of probation of two years he was confirmed w.e.f. 23.11.1986 by order dated 9th may, 1988. it has been submitted that although, for grant of selection scale on completion of 9 years, the date of his initial appointment i.e. 16th july, 1982 has been taken as the basis to calculate such period of 9 years. but when the .....

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Jan 06 2006 (HC)

Madan Lal Vs. State of Rajasthan

Court : Rajasthan

Decided on : Jan-06-2006

Reported in : I(2006)DMC864; RLW2006(4)Raj2621; 2006WLC(Raj)UC614

order1. the appellant was indicted in sessions case no. 47/1999 before the learned additional sessions judge no. 2, sikar for having committed murder of his wife gita. learned judge vide judgment dated june 8, 2001 convicted and sentenced the appellant under section 302, ipc to suffer imprisonment for life and fine of rs. 5000 in default to further suffer six months imprisonment.2. as per the prosecution case gita (since deceased) was brought to the hospital at sikar on august 27, 1999 from village lalasi in an injured condition. hospital authorities admitted her and informed the police vide letter (ex, p-27). bhagwan singh, asi (p.w. 15) reached hospital and recorded parcha bayan' of gita at 6.00 a.m. in the parcha bayan (exp. p-29) gita stated that her husband madan lal (appellant), who had gone to saudi arabia 20 months ago, suddenly came back and around 2 a.m. woke her up and asked her to come out. no sooner did she got up, appellant kicked her and inflicted blows with a cutting instrument on her neck, breast, abdomen, hand and broke her left hand. on hearing her hue and cry her mother-in-law, sons, brother-in-law and neighbours arrived and intervened. her brother-in-law then took her to the hospital. on the basis of this 'parcha bayan' a case under section 307, ipc was registered. since the incident occurred within the jurisdiction of police station laxmangarh, parcha bayan was forwarded to police station laxmangarh. during the pendency of investigation gita died and the .....

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Oct 04 2006 (HC)

Assistant Commissioner of Income-tax Vs. Madan Lal Gaggar

Court : Rajasthan

Decided on : Oct-04-2006

Reported in : [2007]291ITR465(Raj)

1. heard.2. learned counsel for the appellant. the following substantial question is framed at the time of admission:whether, on the facts and circumstances of the case, the tribunal committed error of law by not drawing presumption under section 271(1)(c) explanation 5 of the income-tax act, that the assessee firm concealed the income by not mentioning in the return of the relevant year.3. the facts of proceedings as appear from the order passed by the tribunal and on the basis of material made available to us by learned counsel for the parties are that the assessee, sh. madanlal has two status under the income-tax act, 1961. he is being assessed to income-tax as individual in the name of sh. madanlal and total estimated tax liability for assessment years 1987-88 and 1988-89 was computed for the purpose of retaining assets found during the search. the order shows that rs. 4 lakhs were included in the income of the assessment year 1987-88 and rs. 3 lakhs for the assessment year 1988-89. the firm of which madanlal is a partner is assessed as a registered firm in the name of m/s. madanlal gaggar. the present appeal relates to proceedings for levy of penalty on the firm m/s. madanlal gaggar. a search was conducted at the premises of sh. madanlal, between october 14, 1987 and october 17, 1987. this search was carried out under a warrant issued under section 132(1) in the name of sh. madan lal. simultaneous search was conducted on the business premises of the assessee. order in .....

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Aug 23 2006 (HC)

Shri Pooran Industries and Oil Mills and Anr. Vs. Suvina's Enterprises ...

Court : Rajasthan

Decided on : Aug-23-2006

Reported in : AIR2007Raj47

orderk.c. sharma, j.1. the plaintiffs filed a money suit against the defendants for recovery of a sum of rs. 2,39,000/-. the defendants in their written statements filed a counterclaim, thereby claiming a sum of rs. 1,26,000/- from the plaintiff appellants. the learned trial court, at the conclusion of trial, dismissed the plaintiffs' suit and decreed the defendants' counter-claim against the plaintiffs for a sum of rs. 91830/- along with interest @ 18% p.a. with effect from 19-10-2000 on which the notice ex. 12 was issued, till filing of the written statement and @ 12% p.a. after filing of written statement till realisation of the amount.2. the plaintiff-appellants challenged the above judgment and decree dated 5-3-2000 of filing first appeal before this court, with the prayer that plaintiffs' suit be decreed and the counter claim of the defendants be dismissed with costs throughout.3. during pendency of the appeal, the defendant-respondents have filed an application under order 7, rule 11, cpc with the allegation that the plaintiffs have not paid court-fee on the counter-claim and have paid court-fee only on the amount of rs. 2,39,000/- sought to be recovered from the defendants. the plaintiffs have filed reply to this application and have stated that they are not required to pay court-fee on the amount of counter-claim.4. i have heard learned counsel for the parties on the above application. section 21 of the rajasthan court fees and suits valuation act, 1961 (for short ' .....

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Jul 13 2006 (HC)

Mewar Sugar Mills Ltd. Vs. Smt. Shanti Devi Rawat

Court : Rajasthan

Decided on : Jul-13-2006

Reported in : RLW2006(4)Raj3067; 2006(4)WLC793

narendra kumar jain, j.1. heard learned counsel for the parties on the stay application.2. learned counsel for appellant contended that appeal has already been admitted, therefore, judgment and decree of eviction passed by both the court below be stayed during pendency of this second appeal.3. learned counsel for the plaintiff-respondent contended that both the courts below have passed a decree of eviction of the rented premises in favour of the plaintiff-respondent on the ground 'non-user of the rented premises' by the defendant-tenant and, in case any interim stay is granted against eviction by this court on the ground that appeal has already been admitted then at-least the mesne profit as per prevalent market rate of monthly rent of the rented premises should be fixed during the pendency of this second appeal.4. learned counsel for the respondent has filed additional affidavit on 11th of may, 2006 with copy to the counsel for the appellant. the time was sought by the learned counsel for the appellant to file counter affidavit and time was allowed to the appellant and the case was fixed on 18th of may, 2006. again the case was adjourned for 26th of may, 2006 and further in july, 2006. the matter was again listed yesterday on 12th of july, 2006 and on the request of the learned counsel for the appellant, the matter was adjourned for today but still no reply to the additional affidavit filed by the respondent has been filed by the appellant. the respondents in their .....

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Aug 23 2006 (HC)

Moorti Shri Adeshwar Bhagwan JaIn Swetamber Mandir Vs. Shimbhunath Sin ...

Court : Rajasthan

Decided on : Aug-23-2006

Reported in : AIR2007Raj46; RLW2007(1)Raj731

narendra kumar jain, j.1. heard learned counsel for both the parties.2. the plaintiff-appellant filed a civil suit no. 269/66 (50/76) for declaration and permanent injunction in the lower court in respect of the property, in dispute, which was decreed by the court of additional munsif no. 2, bharatpur, (for short, 'the lower court') vide its judgment and decree dated 10-5-1977. being aggrieved with the same, an appeal was preferred by the defendant before the district judge, bharatpur, which was transferred for its decision to the additional district judge no. 1, bharatpur (for short, 'the first appellate court'). the first appellate court vide its judgment dated 24-4-1984 allowed the appeal and set aside the judgment and decree passed by the lower court. hence, this second appeal has been preferred by the plaintiff.3. this court, vide its order dated 31-10-1985, admitted this second appeal and formulated the following substantial questions of law:(i) whether the learned judge misconstrued the document marked ex. 3 and erred in holding that the same being unregistered can be looked into only for collateral purposes.(ii) whether the finding of the learned judge regarding ownership of the respondent on the disputed land is based on no evidence.(iii) whether the finding regarding adverse possession of shri padam singh is also based on no evidence.4. during the course of arguments the learned counsel for both the parties agreed that exhibit-3, gift-deed dated 16-2-1908, executed .....

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Nov 07 2006 (HC)

Babu Lal and ors. Vs. Sant Kumar

Court : Rajasthan

Decided on : Nov-07-2006

Reported in : RLW2007(2)Raj964

narendra kumar jain, j.1. heard learned counsel for the parties.2. an important question of law, which arises for consideration in the present case, is as to whether an application under section 151 of the code of civil procedure, 1908, (for short, 'c.p.c.') on behalf of the respondent/decree-holder is maintainable for directing the appellants to make the payment of mesne profit/compensation as per prevalent market rate of monthly rent of the rented shop during the pendency of the second appeal for hearing?3. the plaintiff-respondent filed a suit for eviction in respect of the disputed shop against the defendant-appellants, which was decreed by the lower court as well as the lower appellate court, both, on the ground of personal bona fide necessity as well as default in making the payment of monthly rent. however, in presence of both the parties, this court vide order dated 1.12.2005 admitted the second appeal and formulated the substantial questions of law and also stayed the further proceedings in the execution case arising from the impugned judgment and decree till disposal of the appeal. thereafter the respondent filed the present application under section 151 of the c.p.c. on 7.8.2006 for payment of mesne profit/compensation to him during the pendency of the second appeal. the appellant has filed his reply to the above application.4. learned counsel for the defendant-appellants contended that the order admitting the appeal as well as staying the eviction decree was .....

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Dec 21 2006 (HC)

Kundan Singh Vs. Shri Pustimargiya Tritya Peeth Pranayas and ors.

Court : Rajasthan

Decided on : Dec-21-2006

Reported in : RLW2007(3)Raj1851

..... the surrounding circumstances including the fact that if oral agreement was entered into between the parties then whether it was in presence of any person and if there was any mediator who was he and what negotiations took place and if the agreement was acted upon then all the material particulars ; how it was acted upon which includes the writing of .....

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