Rajasthan Court April 1961 Judgments
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State of Rajasthan Vs. Mahmood Ghasi Musalman and anr.
Court: Rajasthan
Decided on: Apr-28-1961
Reported in: AIR1962Raj1
Ranawat, J. 1. This is an appeal by the State from an order of the Sub-divisional Magistrate, Baran dated the 14th of October 1960, dismissing the case on default of the appearance of the Public Prosecutor or someone on his behalf. Though no specific provision of law has been referred to by the Sub-divisional Magistrate under which he purported to act, yet from the nature of the order that was written by the said officer, it seems that he presumably desired to take action under Section 247 of the Criminal Procedure Code in dismissing the case.2. The Station House Officer Police Kotwali Baran district Kota submitted a report to the Sub-divisional Magistrate on the 7th of September 1960 stating the facts of an occurrence that was alleged to have taken place on the 2nd of September, 1960 at 11 a.m. in the bazar of Baran and in which the accused Mahmood and Gopilal indulged in a fight on a public road which, in the opinion of the Police Officer, was likely to lead to a disturbance of the p...
Behari Lal Vs. Moola
Court: Rajasthan
Decided on: Apr-28-1961
Reported in: 1962CriLJ192
ORDERSarjoo Prosad, C.J.1. This is a reference made by the District Magistrate of Alwar for quashing the order of the trying Magistrate who held that in the circumstances no sanction was necessary for the purpose of taking cognizance of the case.2. The material facts leading to the reference may be stated at this stage. It appears that the Panchayat Barkhera passed a resolution for removal of certain 'Bar' and a peon of the Panchayat was sent to execute the order but when the peon failed to do so another resolution was passed by the Panchayat on 13th December, 1959. By virtue of that resolution the Panches were asked to go to the spot and get the 'Bar' removed. A complaint was lodged by one Moola that on the date in question the petitioners went to the spot and set fire to the roof of the opposite party Moola and also outraged the modesty of Mt. Soni. The accused mentioned in the complaint were the Sarpanch Behari Lal, Panch Laloc, the chowkidar of the Panchayat Barkhera and two other ...
Mst. Chandani Vs. Rajasthan State and ors.
Court: Rajasthan
Decided on: Apr-27-1961
Reported in: AIR1962Raj36
I.N. Modi, J. 1. This is a Civil regular first appeal by Mst. Chandni, widow of Hiralal plaintiff, against the judgment and decree of the Civil Judge, Balotra, dated the 23rd December, 1954, dismissing the plaintiff's suit. The plaintiff Hiralal thed after the decision of the suit by the trial court and before the present appeal was filed, and so this appeal was preferred by the present appellant, being his sole representative.2. It is common ground between the parties that the plaintiff Hiralal worked as a retail cheap grain shop agent of the State for the Guda Chohtan area from the 16th June, 1949 to the 18th August, 1949. One Balchand Geimal was the whole-sale distributor of grain for this area at the relevant time. The plaintiff was caught having sold some 18 bags of grain in black-market, and for this it appears that he was subjected to a fine of Rs. 1500/-. The case of the plaintiff is that at that time there were some 221 bags of grain in his godown (with which alone we are conc...
Shantilal Vs. Farid Khan and ors.
Court: Rajasthan
Decided on: Apr-26-1961
Reported in: AIR1962Raj99
ORDERB.P. Beri, J.1. This revision application is directed against the judgment and decree of the District Judge, Bikaner, who dismissed the plaintiff's appeal merely because the plaintiff-applicant failed to implead one of the defendants in the appeal.2. The plaintiff-applicant had instituted a suit before the Civil Judge, Churu, for the recovery of a sum of Rs. 418/-. There were as many as seven defendants in the said suit. They were Farid Khan Nabu Khan, Farid Khan Joya, (sic) Khan, Nurey Khan, Fatehchand and Bajranglal. The Civil Judge decreed the suit against Joya Farid Khan, defendant No. 3 alone and that too in the sum of Rs. 340/-. He dismissed the suit against the remaining six defendants. The plaintiff preferred an appeal before the District Judge, Bikaner, impleading only these six remaining defendants as respondents. He did not implead Joya Farid Khan as a party to this appeal. At the hearing an objection was taken on behalf of the respondents that the appeal must be dismis...
Karam Chand Thapper and Bros. (Coal Sales) Ltd., Jaipur Vs. Sales Tax ...
Court: Rajasthan
Decided on: Apr-21-1961
Reported in: AIR1963Raj51
Beri, J.1. This is a petition under Article 226 of the Constitution of India wherein the petitioner has prayed for a writ of certiorari or direction in the nature thereof for quashing the order of assessment dated 20th December, 1956, and consequent demand notice by the Sales Tax Officer, City Circle, Jaipur, the respondent No. 1.2. The circumstances which give rise to this petition, briefly stated, are these. The petitioner is a public limited Company with its head office at Calcutta and it carries on business for the supply of coal throughout India. It has a branch office at Jaipur. This office at Jaipur, besides the supervision of the supply of coal made directly by the collieries to the consumers through the petitioner also carries on the business of selling coal in retail. For the purposes-of retail sale the petitioner is registered with the Sales Tax Officer, Jaipur. On 2nd September, 1948, the petitioner entered into an agreement with the Equitame Coal Company Ltd., (hereinafter...
Triloki Nath Sinha Vs. State
Court: Rajasthan
Decided on: Apr-16-1961
Reported in: AIR1962Raj94
ORDERSarjoo Prosad, C.J. 1. This is a reference made by Shri Chander Singh Moratia, Sessions Judge of Ganganagar, for quashing an order of conviction under Section 110 of the Indian Railways Act, passed against the petitioner by the Railway Magistrate, First Class, Jodhpur, sentencing him to pay a fine of Rs. 20/- under the above section by his judgment dated 16th July, 1960.2. The relevant facts giving rise to the reference are that on 7th February, 1960s at Railway Station Binabad while the train from Hanumangarh to Sadulpur was passing on that route the petitioner, who was travelling in a First Class compartment of the train with certain fellow passengers, started smoking in the compartment. His fellow passengers protested against his smoking but the petitioner persisted in his conduct, asserting that he was a railway officer and threatened that he would get them charged for ticketless travelling. Shri Gauri Shanker, a police officer, made a complaint of the incident under Section 1...
Babulal Vs. State of Rajasthan and anr.
Court: Rajasthan
Decided on: Apr-03-1961
Reported in: AIR1962Raj103
Bhargava, J.1. This is an application under Article 226 of the Constitution of India by Babulal who was studying in the Pre-University Class in S. K. N. Government College Jobner for a writ of mandamus or any other writ, order or direction declaring the order of his expulsion from the College (Ex. A) passed by Respondent No. 2 the Principal of the College as illegal and ineffective and directing the respondents to permit him to carry on his studies in the said College in the usual manner.2. It appears from the impugned order that the petitioner was expelled from the college as he and Madanlal Yadav another student of the same College were found guilty of stealing Rs. 180/- from the box of Surendra Prakash Sharma Mess Accountant. The petitioner's case is that the said order is unjustified, unwarranted, mala fide and passed without sufficient cause against the principles of natural justice inasmuch as neither any enquiry worth the name was made nor was any opportunity given to him to cro...
Commissioner of Income-tax, New Delhi Vs. Bakshi Bhagchand.
Court: Rajasthan
Decided on: Apr-03-1961
Reported in: [1961]42ITR657(Raj)
MODI, J. - This is a reference by the Income-tax Appellate Tribunal, Delhi Bench, under section 66(1) of the Income-tax Act. The question of law referred to us for our opinion reads as follows :'Whether on a true construction of the Jaipur District Boards Act, 1947, and section 2(1)(a) of the Indian Income-tax Act, 1922, the assessees income from jagirdari lands was agricultural income exempt from income-tax under section 4(3)(viii) of the Indian Income-tax Act, 1922 ?'The facts in so far as they are relevant for the purposes of the present reference may be shortly stated as follows. The assessee was a jagirdar in the former State of Jaipur. He derived income from his jagir lands, which, according to the statement of facts furnished to us by the Tribunal, are non-Khalsa settled lands. It is admitted that the assessee did not pay land revenue to the State. It is further admitted that under the Jaipur District Boards Act, 1947 (XXXIII of 1947) (hereinafter referred to as the Act of 1947)...
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