Rajasthan Court February 1967 Judgments
Narayan Singh Vs. the State
Court: Rajasthan
Decided on: Feb-23-1967
Reported in: AIR1968Raj46
ORDERB.P. Beri, J.1. Narayan Singh, a truck driver, was convicted by the Munsiff-Magistrate, Bharatpur under Section 338 of the Indian Penal Code to six months' rigorous imprisonment. On appeal the learned Sessions Judge, Bharatpur mentioned the conviction but altered the sentence to one month's rigorous imprisonment and to pay a fine of Rs. 200 and in default of the payment of fine to undergo 2 months' rigorous imprisonment He has come up in revision before me.2. The only point on which this revision application was admitted and which was urged before me is whether the alteration of the sentence by the learned Sessions Judge amounts to enhancement of punishment.3. Section 423(1)(b), omitting the unnecessary part of it, reads as follows:--'or (2) alter the finding, maintaining the sentence or, with or without altering the finding, reduce the sentence, or, (3) with or without such reduction and with or without altering the finding, alter the nature of the sentence, but, subject to the p...
Tag this Judgment!Smt. Narbada and anr. Vs. Ram Dayal
Court: Rajasthan
Decided on: Feb-22-1967
Reported in: AIR1968Raj48
V.P. Tyagi, J.1. This defendants' second appeal raises an important question about the true scope of presumption under Section 108 of the Evidence Act, and it arises out of the following circumstances:2. Ram Prasad had a house in village Gulgaon where he also held certain agricultural land. He was not heard of by his wife Mst. Pani for more than seven, years and therefore she made a gift of the property of Ram Prasad in favour of plaintiff Ram Dayal on 4th June, 1962, assuming that Ram Prasad had died. The plaintiff contended that he came in possession of these properties after the same were gifted to him by Mst. Pani but on 20th July, 1962, the defendants-appellants Mst. Narbada and Bhura-lal forcibly took possession of these properties and therefore a suit was filed by the plaintiff for the declaration that he was the real owner of the properties.3. The defendants contested the suit and pleaded that Ram Prasad was alive on the 4th June, 1962, when the gift deed was executed by Mst. P...
Tag this Judgment!Municipal Council, Jaipur Vs. Prabhu Narain
Court: Rajasthan
Decided on: Feb-13-1967
Reported in: AIR1968Raj297; 1968CriLJ1449
Shinghal, J. 1. The question which is required to be answered in this reference has been formulated by a learned Single Judge as follows.--'Whether a local authority can be regarded as a complainant entitled to prefer appeal under Section 417 (3) of the Criminal Procedure Code against an order of acquittal in cases instituted on complaints filed by persons authorised by it in this behalf or with its written consent.'2. In order to appreciate the question, it is necessary to state the facts of the present case, which are not in dispute. One Abhinandan Prashad Goyal, a Food Inspector, filed a complaint against respondent Prabhu Narain in the court of the Municipal-Magistrate of Jaipur, on October 30, 1963 for the alleged commission of an offence under Section 7 read with Section 16 of the Preyention of Food Adulteration Act, 1954 (hereinafter referred to as the Act), the allegation being that Prabhu Narain had sold adulterated 'ghee' to the Inspector on April 1, 1963. The learned Magistr...
Tag this Judgment!Nagaur Sahar Kendriya Sahakari Kar Vikraya Sangh and anr. Vs. the Stat ...
Court: Rajasthan
Decided on: Feb-09-1967
Reported in: [1968]21STC114(Raj)
Kan Singh, J. 1. This writ petition raises a short question about the validity of the explanation appended to Rule 15 of the Rajasthan Sales Tax Rules, 1955, hereinafter to be referred as the 'Rules' which were made by the State Government in exercise of their powers under the Rajasthan Sales Tax Act, 1954, hereinafter to be referred as the 'Act' and it arises in the following way:- -2. The petitioner is Messrs Nagaur Sahar Kendriya Sahakari Kar Vikraya Sangh which will hereinafter be referred as the 'Sangh'. This Sangh was registered as a dealer under the Act. It submitted a return under the Act for the purposes of sales tax for the period 1st July, 1960 to 30th June, 1961. The general turnover was shown as Rs. 7,36,993 out of which the turnover in respect of cereals sold by it during the relevant period was Rs. 7,31,851. About this it was claimed by the Sangh that it was not liable to sales tax under the Act. The Sales Tax Officer considered the stand taken by the Sangh but in disall...
Tag this Judgment!Bhanwarlal Vs. Mst. Parbati and anr.
Court: Rajasthan
Decided on: Feb-09-1967
Reported in: 1968CriLJ130
ORDERB.P. Beri, J.1. This is a reference made by the Additional Sessions Judge No. 2, Jodhpur recommending that the order of the Additional Munsiff Magistrate No. 2, Jodhpur dated 20th April, 1966, whereby he committed Bhanwarlal for facing trial under Section 459 of the Penal Code, be quashed as no offence under that section could be made out, and chat the applicant may be tried by the learned Magistrate.2. The circumstances which it is necessary to notice in order to decide this important and interesting question briefly stated are these: At about 4a.m. on the 14th June, 1959 Mat. Parbati a young widow was sleeping on the terrace of her house and heard the footsteps of some one which disturbed her sleep and she noticed petitioner Bhanwarlal and one Shrikishen standing by the side of her cot. They demanded sexual intercourse from her and when she declined to oblige Bhanwarlal inflicted a dagger blow on her head and ran away. Shrikishen also inflicted a few knife blows on this woman. A...
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