Rajasthan Court December 1975 Judgments
Modu and anr. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Dec-23-1975
Reported in: 1975WLN(UC)548
M.L. Jain, J.1. This is an appeal against the judgment of the Additional Sessions judge, Bundi dated 9-10-71 by which he convicted Modu appellant under Section 304 part II IPC and sentenced him to undergo rigorous imprisonment for five years. He was also convicted under Section 323 IPC and sentenced to rigorous to imprisonment for six months Both the sentences were directed to run concurrently. By the same judgment appellant Badri was convicted under Section 323 IPC and sentenced to undergo rigorous imprisonment for six months.2. I heard the arguments and perused the record.3. The prosecution case is that on March 22, 1971, in the morning appellant Modu carried his she costs in the field of Gopal at Kajodji's Jhoppriyan within the police station Gendoli, District Bundi. The goats began to damage crops to which Gopal objected and began to drive the goats out of the field. It is alleged that Modu then gave a lathi blow on the left hand of Gopal, His brother Sarwan went to the village abo...
Tag this Judgment!Sua Lal Vs. Nanchu and ors.
Court: Rajasthan
Decided on: Dec-23-1975
Reported in: 1975WLN(UC)544
M.L. Jain, J.1. This revision under Section 397 Cr.P.C, has been directed against the order of the learned Sub Divisional Magistrate. Kotputli dated 5-7-75. In order to appreciate the controversy it would be worth while to state the facts briefly.2. On 11-7-74 Sua Lal presented a complaint under Section 145 Cr.P.C. in respect of certain land situate in village Khadap District Jaipur which he alleged he had purchased from one Kishore Singh a year ago on 11-7-73. He alleged that he also obtained possession, but the opposite party, Nanchu and others were trying to take forcible possession of the same. He prayed that a preliminary order be drawn and the land be attached. The learned Sub Divisional Officer by his order dated 11-7-74 appointed the Naib Tehsildar as a receiver. The receiver took possession of the land on 12.7.74.3. The opposite party filed the written state rent on 12-7-74 that they had purchased the land on 1-5-64 from Mst. Bhanwar Kanwar mother of Kishore Singh who was then...
Tag this Judgment!Employees State Insurance Corporation Through Regional Director Vs. Na ...
Court: Rajasthan
Decided on: Dec-22-1975
Reported in: 1975(8)WLN737
P.D. Kudal, J.1. The Employee's State insurance Corporation applied before the Employees Insurance Court, Jaipur against the National Printing Press & its neither Ayodhya Prasad Sharma to enforce its claim and obtained a decree for Rs. 918/- & costs, on account of employees contribution which was due under the ESI Act. The decree was obtained on 29.4 1961. The execution of the decree was sought on 12-7-1962. An objection was raised by Ayodhya Prasad that the decree is not executable as it is barred by fame Reliance was placed on Rule 42 of the Rajasthan State Employees Insurance Court Rules, 1959, where-by the period of one year has been laid down during which a decree could be executed. However, a rejoinder was submitted on behalf of the decree-bolder that Rules 17(1) and 42 of the Rajasthan State Employees Insurance Court Rules, 1959 were ultra vires. This decree was sent to the learned Munsiff for execution. The learned Munsiff before whom these objections were raised, referred the ...
Tag this Judgment!Sawai Singh Vs. the State
Court: Rajasthan
Decided on: Dec-19-1975
Reported in: 1975(8)WLN739
P.D. Kudal, J.1. This application for anticipatory bail under Section 438(1) Cr.P.C. 1973 has been moved on behalf of Sawaisingh Similar application moved before the learned Sessions Judge, Pali was dismissed on 8-11-75.2. The facts of the prosecution case, as disclosed in the First Information Report are that at about 6.30 a.m. on 3.9.1975, a report as logded with the police by Heeralal to the effect that Khivsing son of Ganeshsing was attacked by the applicant Sawaisingh and one Ramsingh is alleged that Ram Sin caused two injuries by axe on the head of Kbivsingh while Sawaisingh dealt lathi blows on Khivsingh resulting in fracture of 8th to 12th ribs, of Khivsingh. Khivsingh was medically examined, and the injuries of his head caused by in accused Ram Singh were found to be simple, while the injures caused by lathi strokes by Sawaisingh were found to be grievous.3. Ramsingh was aprehended by the police, and at bas instance, an axe was recovered. As application for bail was moved on h...
Tag this Judgment!Karachi Wine Store Vs. the Municipal Council
Court: Rajasthan
Decided on: Dec-19-1975
Reported in: 1975WLN(UC)531
K.D. Sharma, J.1. These three revision-petitions have come up for admission today. As they arise out of common order passed by the District judge Jodhpur and as common questions of law and fact arise in all these revision-petitioners, they are disposed of by one order. A notice was issued to the non- petitioner to show cause why this revision-petition be not admitted Mr. M.M. Singhvi has appeared on behalf of the Municipal Council, Jodhpur, non-petitioner and contended before me that the order of the appellate court dismissing the application for temporary injunction filed by the petitioner cannot be revised even though it may he a wrong order, because the first appellate court had jurisdiction to pass such an order and because the order does not suffer from material irregularity in the exercise of the jurisdiction. In support of his above contention, he relied upon Hindustan Aeronautics v. Ajitprasad : (1972)ILLJ170SC and en unreported case of this court Harakraj and Anr. v. Binjaram ...
Tag this Judgment!Daula Ram Vs. State of Rajasthan
Court: Rajasthan
Decided on: Dec-17-1975
Reported in: AIR1976Raj149
ORDERC.M. Lodha, J. 1. This writ application involves a short point viz., whether the direction of the Government dated 21st November, 1975, (Exhibit-3) that all motions for consideration of no-confidence against Pramukh, Up-Pramukh, Pradhan, Up-Pradhan, Sarpanch and Up-Sarpanch be stayed upto 31st December, 1975, due to drives of allotment of house-sites, allotment of agricultural land and other items of 20 points Economic Programme. 2. The question arises in this manner. The non-petitioner No. 4 Shri Hardeosingh is Pradhan, Panchayat Samiti, Fatehpur, District Sikar. A motion of no-confidence by the requisite number of members was moved against him and the Collector, Sikar, thereupon issued a notice dated 29th October, 1975 (Exhibit-1) calling the meeting for consideration of no-confidence motion on 24th November, 1975. However, in pursuance of the Government's direction dated 21st November, 1975 (Exhibit-3) referred to above, the Collector by his order bearing the same date, postpon...
Tag this Judgment!Commissioner of Income Tax Vs. Ganeshmal Nanak Chand
Court: Rajasthan
Decided on: Dec-17-1975
Reported in: 1975WLN(UC)505
P.D. Kudal, J.1. The Income Tax Appellate Tribunal, Delhi Bench 'A' has submitted a statement of the case and has referred the following questions of law under Section 66(2) of the Income Tax Act, 1922, (hereinafter referred to as the Act):Whether on the facts and in the circumstances of the case, the Tribunal was not right in disregarding the order of the Income-tax Officer dated 27th November, 1959 and in holding that the pro fit of Rs. 48,024/- credited in the accounts of eleven other persons was cot of the assesse.2. The brief facts of the case are that the assessee was assessed for the year 1956 57, by the Income-tax Officer 'A' Ward Sri Ganganapar on 27/11/ 59 During the course of the assessment proceeding under Section 23(3) of the Income Tax Act, 1922, it came to the notice of the Income Tax Officer that the assessee firm has conceded its income in the shape of diversion of profits and as such a notice to show cause under Section 28(3) was served on 1st Dec 1959 as to why penal...
Tag this Judgment!Gordhanlal Ramgopal and ors. Vs. State and ors.
Court: Rajasthan
Decided on: Dec-16-1975
Reported in: AIR1976Raj151
ORDERC.M. Lodha, J. 1. This order will dispose of a bunch of similar writs mentioned above, as the point involved in all these cases is the same. By these writ applications the petitioners have challenged the validity of Clause 4-A of Para. 3 of the Rajasthan Foodgrains (Prevention of Hoarding) Amendment Order, 1973 (which will hereinafter be referred to as 'the Amendment Order'). Clause 4-A reads as under; '4-A--Fixing Maximum limit of foodgrains in possession by a dealer:-- NO dealer shall have in his possession at any one time, all foodgrains taken together in quantity exceeding 150 quintals including the quantity of wheat as prescribed under the Rajasthan Wheat (Regulation of Trade) Order, 1973.' 2. It may be pointed out that prior to the aforesaid amendment, the relevant provision was Para. 3 of the Rajasthan Foodgrains (Prevention of Hoarding) Order, 1973 (which will hereinafter be referred to as 'the Order'). Para. 3 reads as under: '3. Restriction on possession of food-grains e...
Tag this Judgment!Prem Raj and anr. Vs. the State of Rajasthan
Court: Rajasthan
Decided on: Dec-11-1975
Reported in: 1976CriLJ455; 1975()WLN692
ORDERP.D. Kudal, J.1. This is an application for bail under Section 439, Criminal P.C. on behalf of the accused-applicants Prem Raj and Nand Lal.2. An application for bail was moved on behalf of Prem Raj the learned Sessions Judge, Bikaner, who rejected the same on 10-11-75. The learned Sessions Judge observed that the eye-witnesses who were examined by the investigating agency, have named these persons as the assailants of the deceased Bansi Lai, though their names do not appear in the First Information Report. It was further observed that as the case was still under investigation, the enlargement of these applicants would hamper the investigation.3. Initially, the police had registered a case under Section 307/324, I. P.C. against Shivji Lai and Gordhan. Later on as the victim Banshi Lai succumbed to his injuries, the offences were changed to under Sections 302, 307, 324, 148, 149 and 34, I. P.C. A cross case was also registered against the complainant party under Sections 452, 307 a...
Tag this Judgment!Bhanwarlal Paliwal Vs. the State of Rajasthan and ors.
Court: Rajasthan
Decided on: Dec-11-1975
Reported in: 1975WLN(UC)494
D.P. Gupta, J.1. This writ petition under Article 226 of the Constitution of India has been filed by Bhanwarlal Paltwal, who was initially appointed as a lecturer in Physics in a temporary capacity at the Maharana Bhopal College, Udaipur in the grade of Rs. 200, 400, vide order dated October 9, 1954 In the year 1956 the petitioner was selected by the Rajasthan Public Service Commission hereinafter referred to as 'the Commission' for the post of lecturer in Physics for intermediate colleges in the pay scale of Rs. 200,350 Consequently the petitioner was appointed on the aforesaid post during the year 1956-57 on a temporary basis by the order of the State Government dated August 17, 1956 Thereafter the Commission by its advertisement No. 32 dated January 18, 1957 invited applications for the posts of lecturers in Physics for teaching Intermediate classes in Degree and Postgraduate colleges. The petitioner applied for the aforesaid post & be was selected by the Commission for the same. Th...
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