Rajasthan Court August 1974 Judgments
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State of Rajasthan Vs. Radhey Shyam
Court: Rajasthan
Decided on: Aug-16-1974
Reported in: 1974WLN663
J.P. Jain, J.1. This is appeal by the State of Rajasthan against the order dated 8th April, 1969 of the Additional Sessions Judge, Jhaiawer whereby he set aside the conviction of Radhey Shyam respondent under Section 7 of the Essential Commodities Action the ground that the trial by the Sub-divisional Magistrate, Jhalawar was illegal and ultra vires on his part.2. Abdul Rabim. Head Constable of Bhawani Mandi police station found a bullock cart carrying 7 bags on the Jhalawar road near village Ramnagar. Raghunath respondent No. 2 was driving the bullock cart. On being interrogated he informed the Head Constable that the bags belonged to Seth Kunnanmal of Bhawani Mandi. His Munim Ramniwas had sent them to be transported so village Ghatod by his cart on hire. First information report Ex P.1 was, lodged on 12.4.1967 by the said Head Constable Abdul Rahim at the police station. After investigation Ragunath was prosecuted in the court of Sub-divisional Magistrate, Jhalawar Raghunath took the...
Addl. Commissioner of Income-tax Vs. Gem Palace
Court: Rajasthan
Decided on: Aug-13-1974
Reported in: [1975]98ITR640(Raj); 1974(7)WLN548
Gupta, J.1. This is an application by the Additional Commissioner of Income-tax, Rajasthan under Section 256(2) of the Income-tax Act. 1961, praying that the Income-tax Appellate Tribunal, Jaipur Bench, may be directed to state a case and refer the following question to this court:'Whether, on the facts and in the circumstances of the case, the Tribunal was right in cancelling the penalty of Rs. 13,000 levied by the Inspecting Assistant Commissioner under the Explanation to Section 271(1)(c) ?'The circumstances in which this application comes to be filed are that the assessee, who is carrying on business in precious stones, filed a return showing its income as Rs. 32,940 for the assessment year 1967-68. The Income-tax Officer, 'A' Ward, Jaipur, assessed the total income of the assessee for the year in question at Rs. 74,613 by including an estimated amount by way of gross profit and by disallowance of soms of the expenses claimed by the assessee.2. On appeal by the assessee, the Appell...
Gori Shanker Vs. State of Rajasthan
Court: Rajasthan
Decided on: Aug-13-1974
Reported in: 1974WLN490
B.P. Beri, C.J.1. This is criminal revision directed against the judgment of the learned Sessions judge, Sri Ganganagar dated November 23, 1971, where by he confirmed the sentence of Gori Shanker, the applicant, to 5 month's rigorous imprisonment and a fine of Rs. 200/- under Section 7/16 of the Prevention of Food Adulteration Act which wasawarded to him by the Sub-Divisional Magistrate, Raisingnagar for selling adulerated Dhania (coriander).Veersing Chowdhari, Food Inspector visited the shop of the applicant on the morning of August 5, 1967 at Anupgarh and purchased 375 grams of powdered Dhania on payment of Rs. 1 50 P He put the samples in three phials in equal quantity and sealed them in the presence of the Motbirs and gave one phial to the accused along with Form No 6 and sent another to the Chemical Analyst, Jaipur, who found the sample to be adulterated with foreign matter as per his report Ex. P/5 Before the learned Magistrate the prosecution examined Sohanlal Motbir (PW/1) and ...
Kewal Chand Vs. Chand Mal
Court: Rajasthan
Decided on: Aug-09-1974
Reported in: 1974WLN618
J.P. Jain, J.1. This is a special appeal against the judgment of a learned Single Judge of this Court by which he affirmed the order the Civil Judge, Ajmer in execution case No. 85 of 1970.2. The facts leading to this appeal are these: One Hari Ram and his four sons including the appellant took a loan of Rs. 7,000/- from respondent Shri Chandmal. By way of security, properties situated at Beawar were mortgaged with Chandmal respondent vide mortgage deed dated 28-5-1949. Interest payable under this dated was 12% per annum. Stipulated period for payment of the debt having expired, the mortgagee claimed the entire amount. The mortgagors wanted some remission in the interest and asked for sometime to make the payment. The parties agreed and appointed Shri Durga Prasad of Bawar to decide their dispute for determining the liability of the mortgagors and to fix time for payment of the amount due. This agreement was reduced into writing by the parties on 28-10-1953. Inconsequence of this agree...
Ummed Mal Vs. State
Court: Rajasthan
Decided on: Aug-07-1974
Reported in: 1975CriLJ923; 1974(7)WLN495
ORDERB.P. Beri, C.J.1. By his judgment dated June 10, 1971 the learned Assistant Sessions Judge. Sirofai convicted applicant Ummed Mai for offences under Section 466 read with Section 114 of the Indian Penal Code, and Section 454 read with Section 109 of the Indian Penal Code. An apipeal was taken before the learned Sessions Judge, Pali, who, bv his judgment dated December 8. 1971, acquitted Ummed Mai of the offence under Section 454 read with Section 109 of the Jndian penal Code but maintained his conviction under Section 466 read with Section 114 of the Indian Penal Code. The learned Sessions Judge, however, reduced the sentence from one year to four months' simple imprisonment but maintained the fine of Rs. 100/-. Still dissatisfied, Ummed Mai is before me seeking the revision of the judgment of the learned Sessions Judge.2. In order to appreciate the background in thig case, it will be necessary to recount certain material facts. Mst. Sushila Devi (P. W./10) was posted as a nurse i...
Mohan Singh and anr. Vs. Malia
Court: Rajasthan
Decided on: Aug-07-1974
Reported in: 1974WLN499
B.P. Beri, C.J.1. This is a criminal revision directed against the order of the learned Additional Sessions judge, Sikar, dated September 2, 1971 passed in i, proceeding under Section 145 of the Code of Criminal Procedure.2. I might briefly recall the circumstances leading to this dispute. There is a parcel of agriculture land measuring 7 Bighas and 8 Biswas situate in village Khatiawas bearing Khasra No. 92. On October 7, 1909 Malia, patty No. 1, made an application under Section 145 of the Code of Criminal Procedure before the Sub-Divisional Magistrate, Sikar, saying that he was in possession of the land in dispute and he apprehended a danger of a breach of the peace. The learned Magistrate passed a preliminary order on the same day and appointed the Tehsildar as the Receiver of the property in dispute. The party No 2 in these proceedings were Mangal Singh and his two sons Mohansingh and Swaisingh. In the course of proceedings, it appears, Mangal Singh died and his two sons continued...
Firm Multanmal Bachraj Vs. Chouthmal Oswal
Court: Rajasthan
Decided on: Aug-07-1974
Reported in: 1974WLN502
C.M. Lodha, J.1. This is a revision application by the plaintiff against the judgment of the Civil Judge, Balotra dated 1-10 1971 by which the learned Judge set aside 'he judgment and decree by the Munsiff, Balotra dated 25 8-1970 and remanded the case to the latter to give a fresh judgment after hearing arguments.2. The contention of the leraned Counsel for the petitioner is that the, learned Civil Judge bad no jurisdiction to remand the case and in any view of the matter he acted illegally and with material irregularity in the exercise of his jurisdiction in sending the case back to the trial court.3. In view of the short point involved in the case as to the jurisdiction of the first appellate court to remand the case, I do not consider it necessary to state in detail the facts giving rise to the suit. Suffice it to say that the defendant used to purchase goods from the plaintiff-firm from time to time and the plaintiff firm used to maintain a regular account of the goods sold by it ...
Kali Prasad Vs. Sualal Ramnarain
Court: Rajasthan
Decided on: Aug-06-1974
Reported in: 1975WLN(UC)296
J.P. Jain, J.1. This is a tenant's appeal and it arises out of a suit for ejectment. Messers, Sualal Ramnarain, a Hindu joint family own the suit house situate at Abu Road. A portion of the house, that is the first floor was rented out to Babu Kali Prasad for residence at the rate of Rs. 25/- per month in July, 1958. In addition to the rent privy tax of Rs. 75 per month was also payable by the tenant. The tenancy commenced from every 1st day of the English calendar month. According to the plaintiffs the defendant did not pay rent from 1-1-1970 to 31-1-1971. A quit notice was served on the tenant to vacate the demised premises by 31-1-1971. The tenant having declined to handover possession, Jagdish Prasad Manager of the joint Hindu family sued the defendant for eviction and for arrears of rent on 9-2-1971. The eviction was sought of the ground of default and that the demised premises were required for personal use of the plaintiff's family.2. The suit was resisted by the defendant by wr...
Vijay Shanker Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Aug-06-1974
Reported in: 1974WLN589
ORDERThe following temporary teachers who are working in Trained and untrained Inter Grade from a date prior to 2-7-1961 are hereby, confirmed as Assistant Teachers in Grade III (75-160) with effect-from 2-7-1962, The whole temporary services rendered by them will count for pension under Rule 188 of Rajasthan Service Rules:----------------------------------------------------------S Name of Qual. Place Date DateNo. the of of ofTeacher posting Birth Apptt----------------------------------------------------------1. Sh. V.S. B.A.D. G.P.M. 1-7- 27-3-Singhal H S.S. 28 54P. Ed Pisangan (Age relaxed byGovernment.)Sd/- KishanchaidINSPECTOR OF SCHOOLS,AJMERThe Rajasthan Public Service Commission had advertised the post of Physical Training Instructor vide order Ex. 2 dated 20 9-'57 and the petitioner applied -for the post. The petitioner was informed that his candidature was rejected after consideration Against this order of rejection of his candidature the petitioner made a representation, but ...
Dr. Kailash Nath Haldiya Vs. State of Rajasthan
Court: Rajasthan
Decided on: Aug-02-1974
Reported in: 1974WLN605
K.D. Sharma, J.1. This is an appeal filed by Dr. Kailash Nath Haldiya against a judgment of the learned Special Judge, Jaipur City, by which he was convicted under Section 420, I.P.C. and Section 5(1)(d) read with Section 5(2) of the Prevention of Corruption Act and sentenced to undergo simple imprisonment for a period of one year on the first count and to suffer simple imprisonment for one year and to pay a fine of Rs. 100/-, in default of payment of fine to undergo further simple imprisonment for three months on the second count. Both the substantive sentences of imprisonment were, however, ordered to run concurrently.2. The prosecution case against the appellant was that he was working on the post of Superintending Medical, Officer, National Smallpox Eradication Programme Unit, Jaipur during the period between 13-6-1964 and 15-6-1964 (both days inclusive). While functioning as such, he started from Jaipur in the morning of 13-6-1964 in a Government-owned jeep-car No. MRB 483 (now RS...
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