Rajasthan Court September 1972 Judgments
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Sugan Chand Vs. Govindram Bansal
Court: Rajasthan
Decided on: Sep-21-1972
Reported in: 1972WLN732
B.P. Beri, J.1. This is special appeal directed against the judgment of a learned single Judge of this Court, who exercising the appellate jurisdiction under Section 46 of the Rajasthan Municipalities Act, 1959 (hereinafter called 'the Act') affirmed the decision of the Tribunal which had set aside the election of the appellant as a member of the Municipal Council, Sri Ganganagar and dismissed the appeal.2. A preliminary objection has been raised by Shri L.R. Mehta, learned Counsel for the respondent, that this appeal is not competent under Section 18 of the Rajasthan High Court Ordinance on the authority of a Divisional Bench of this Court in Mohd. Umar v. Ahmed 1965 RLW 458. He invited our attention to Rawat Himmat Singh v. State of Rajasthan 1967 RLW 214; South Asia Industries (P) Ltd. v. S.B. Sarup Singh and Ors. AIR 1955 SC 1442, Rao Shiv Bahadur Singh and Anr. v. The State of Vindhya Pradesh AIR 1953 SC 349; The Union of India v. The Mohindra Supply Co. AIR 1962 SC 266 and to the...
Hiralal Maganlal Parikh Vs. Commissioner of Income-tax
Court: Rajasthan
Decided on: Sep-18-1972
Reported in: [1973]92ITR49(Raj); 1972()WLN744
C.M. Lodha, J.1. The question of law referred to us by the Income-tax Appellate Tribunal, Bombay Bench 'B', under Section 66(1) of the Indian Income-tax Act, 1922 (hereinafter referred to as 'the Act') is:'Whether, on the facts and in the circumstances of the case, the remuneration received by Shri Hiralal Maganlal Parikh from the Associated Stone Industries (Kotah) Ltd. for all the three years and from the Rajputana Mining Agencies Pvt. Ltd. for the last year was includible in the income of the Hindu undivided family of which he was the karta ?'2. The assessee is a Hindu undivided family whose manager was Shri Hiralal Maganlal, who is now reported to be dead. The assessment years with which we are concerned are 1959-60 (ending on March 31, 1959), 1960-61 (ending on March 31, 1960) and 1961-62 (ending on March 31, 1961). The family held 50,000 ordinary shares out of 2.00,000 shares in a company called Rajputana Mining Agencies Pvt. Ltd. (which will hereinafter be referred to as 'the ag...
Vinay Kumar Vs. Smt. Purnima Devi
Court: Rajasthan
Decided on: Sep-15-1972
Reported in: AIR1973Raj32; 1972()WLN698
Kan Singh, J.1. This is a husband's appeal directed against an order of the learned District Judge, Jhunihunu, dated 22-12-1971 awarding pendente lite maintenance to the respondent wife under Section 24 of the Hindu Marriage Act, hereinafter to be referred as the 'Act', during the trial of the application moved by the wife under Section 10 of the Act for judicial separation.2. Respondent Smt. Purnima Devi had filed the application against the appellant-husband in the court of the learned District Judge under Section 10 of the Act. The respondent also filed the application under Section 24 of the Act on 26-7-1971. She averred in this application that she had no movable or immovable property and had no source of income. As regards the appellant's income she averred that his monthly income was Rs. 400/-. Therefore, she prayed that an amount of Rs. 125/- per month be granted to her as pendente lite maintenance and Rs. 561/- be awarded as litigation expenses. The appellant-husband contested...
Kesumal Mohanlal Liquor Contractor and ors. Vs. the Municipal Council
Court: Rajasthan
Decided on: Sep-15-1972
Reported in: 1972WLN692
Kan Singh, J.1. I This is a defendants' appeal directed against the judgment and decree of the learned Additional District Judge, Sikar dated 244.69 awarding a sum of Rs. 668/ against the defendants appellants on account of octroi duty for the liquor purchased by the defendants-appellants from the Government warehouse at Sikar.2. The Municipal Council, Sikar alleged that the defendants were carrying on the vend of country liquor within the municipal limits of Sikar Between July, 1965 the defendants had obtained liquor worth Rs. 1,05,-557.17 paise from the Government warehouse, but had not mid octroi duty to the Municipal Council according to law at the rate of 2% The defendants admitted that they were vending liquor within the limits of the Municipal Council, Sikar. They also admitted to have obtained liquor of the value as alleged, but denied their liability to pay any octori duty. The contended that octroi duty was chargeable on goods that are brought into the municipal limits for co...
Mahender Singh and anr. Vs. the State of Raj.
Court: Rajasthan
Decided on: Sep-15-1972
Reported in: 1972WLN790
L.S. Mehta, J.1. This appeal emerges from the judgment, dated April 17, 1972, of Mr. Devi Singh, Sessions Judge, 'Ganganagar, convicting accused Mahender Singh and Vichiter Singh of the offence under Section 304/34 I.P.C. and sentencing each of them to undergo rigorous imprisonment for five years. 2. Succinct facts of this case are that Shiv Karan and deceased Udram were brothers. They had a command and, situate at the outskirts of village Bhuranpura, in Chak No. 13, RWD Shiv Karan had sold his land to Santa Singh, father of accused Mahender Singh and Vichiter Singh. Udram had filed a pre-emption suit in respect of this land in the court of Civil Judge, Hanumangarh. An application under Section 145, Cr. P.C. was also made by, Udram, to the court of sub-Divisional Magistrate, Hanumangarh On account of the litigation between the parties, the two accused bare enmity against, Udram deceased. It is alleged that a few days prior to the occurrence Mahendersingh had told Udram that he would so...
K.D. Ghouri Vs. Nanik Ram K. Israni
Court: Rajasthan
Decided on: Sep-14-1972
Reported in: 1972WLN780
C.M. Lodha, J.1. The facts giving rise to this appeal by the complainant K.D. Ghouri have been stated in our order dated 24-1-1972 whereby we had overruled the complainant's contention that the case ought to be remanded to the trial court for fresh decision on account of non-compliance with the provisions of Section 526(8) Cr. P.C.2. We have stated the facts in greater detail in our judgment dated 24-4-3972: D:B. Criminal Reference No. 285/68' K.D. Ghouri v. Bhojo Motwani, whereby we partially allowed the reference and while maintaining the sentence of fine under Section 501 I.P.C. awarded to the co-accused Motwani, we enhanced the amount of fine from Rs. 50/-to RSection 1000'-. Suffice it to say that in the daily paper 'Matra Bhumi' dated 11-5-1965 a defamatory article was published against the complainant. The English translation of this article, we have reproduced in extenso in pur order dated 24-4-1972, and there is no denying the fact that this article is grossly defamatory. We ma...
Jupiter General Insurance Co. Ltd. Vs. Dhandhiya Jwellers, Jaipur
Court: Rajasthan
Decided on: Sep-13-1972
Reported in: AIR1973Raj156; 1972()WLN696
ORDERJagat Narayan, C.J.1. This is a revision application by the defendant M/s. Jupiter General Insurance Co. Ltd. against an order of the Additional District Judge No. 1 Jaipur City, refusing to issue a commission for the examination of five witnesses residing in the United States of America.2. The relevant facts are these. The plaintiff M/s. Dhandhia Jwellers of Jaipur sent a parcel of precious stones from Jaipur to Florida Diamond Brokers Inc., 467 Lincoln Road, Miami Beach, Florida through Mercantile National Bank. Florida. This parcel was insured for a sum of Rs. 12,000/- with the defendant and for a sum of Rs. 300/- with the Post Office.3. The case of the plaintiff is thatthe parcel was never delivered to the consignee but it was revealed on further enquiry that it was delivered to M/s. Jordon Marsh Co. Florida. The plaintiff thereupon claimed Rs. 17,000/- from the defendant.4. The defendant through its lawyer entered into correspondence with the Post Office, Florida, with Florid...
Panchulal Vs. Ganeshilal Maheshwari
Court: Rajasthan
Decided on: Sep-12-1972
Reported in: AIR1973Raj12; 1972()WLN658
ORDERJagat Narayan, C.J.1. This is a defendant's revision application under the Rajasthan Small Cause Court Ordinance. The case of the plaintiff is that the defen-dant borrowed Rs. 470/- from him on 13-10-64 and executed a pronote Ex. 1. As he did not make payment despite repeated demands, the present suit was instituted,2. In support of his case the plaintiff himself came into the witness box and proved the promissory note Ex. I. The defendant denied having executed it and produced a hand-writing expert who corroborated him. The de-fendant did not admit his signatures on the vakalatnama which he had himself filed in Court. The learned trial Judge compared the signatures of the defendant on the promissory note with those on his written statement and the Vakalatnama. and disagreed with the evidence of the expert that the formation of the letters was dissimilar. He came to the conclusion that the formation of the letters was similar, although, the defendant had deliberately disguised his...
Nanda Vs. the District Judge and ors.
Court: Rajasthan
Decided on: Sep-12-1972
Reported in: 1972WLN575
V.P. Tyagi, J.1. This writ petition of petitioner Nanda arises out of the following circumstances.2. An application under Section 6 of the Rajasthan Relief of Agricultural Indebtedness Act, 1957 (hereinafter called the Act) was filed by creditor Kanhaiyalal. husband of respondent No. 3 Smt. Gulab Devi, in the court of Civil Judge, Jaipur District, Jaipur, alleging that Rs. 4, 500/- were advanced by the creditor by way of loan to petitioner Nanda on the basis of a pronote and a receipt executed by the debtor in favour of the creditor and as the debtor was an agriculturist, therefore, it was prayed that the loan advanced to Nanda may be determined under the provisions of the Act. Petitioner Nanda denied to have received any loan from Kanhaiyalal and executed any pronote in favour of the creditor. The Debt Relief Court after recording the statements of the creditor-Kanhaiyalal and the scribe Shivdayal and also examining the witnesses produced by the debtor came to the conclusion that debt...
Sua Lal Vs. State of Rajasthan
Court: Rajasthan
Decided on: Sep-08-1972
Reported in: 1972WLN738
L.S. Mehta, J.1. The prosecution story, in brief, is that accused Sua Lal was a neighbour of Ram Deo, PW 3 They both lived in Bajaj Nagar, Jaipur. Ram Deo's daughter Mst. Pushpa, PW 1, aged 6 or 7 years, was playing with other girls on December 4, 1970. at about 12.30 p.m. While she was so playing, accused Sua Lal caught hold of her, got on his 'Charpoy with her, undid the string of his 'Chaddi', sat on her and then committed sexual inter-course with her. She called for help Several people, including Kishan Lal, PW 2, Mst. Ramli (grand mother of Mst. Pushpa) PW. 4 Mst. Anahdi (aunt of Mst. Mst. Pushpa) PW 5, and others appeared on the scene. These persons saw Sua Lal escaping and concealing himself into his kitchen. The same day Ram Deo, PW 3, returned home at about 1 p.m. Mst. Ramli, PW 4, apprised him of the happening Thereafter Mst. Pushpa also told him how the accused had behaved her incidently. Thereafter Ram Deo went to police station, Gandhi Nagar and lodged first information re...
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