Rajasthan Court February 1977 Judgments
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Commissioner of Income-tax Vs. Rawat Singh and Sons
Court: Rajasthan
Decided on: Feb-18-1977
Reported in: [1979]120ITR65(Raj); 1977WLN(UC)75
M.L. Jain, J. 1. This is an application under Sub-section (2) of Section 256 of the I.T. Act, 1961 (hereinafter referred to as 'the Act'), for requiring the Income-tax Appellate Tribunal, Jaipur Bench, to state a case and refer the following question of law alleged to be arising out of its order dated July 23, 1974, namely : 'Whether, on the facts and in the circumstances of the case, the Tribunal was justified in cancelling the penalty of Rs. 6,090 imposed by the ITO Under Section 271(1)(a)?'2. The respondent-assessee, M/s. Rawat Singh and Sons, Jodhpur, were required to file the return of their total income for the assessment year 1965-66, by September 30, 1965. They made an application for extension of time and were allowed to file the return by November 15, 1965. The return was, however, filed on December 21, 1965, showing a total income of Rs. 12,000 on estimated basis. The return was considered invalid as it was not accompanied by a copy of the profit and loss account, trading ac...
Roopchand Vs. NaraIn Singh and anr.
Court: Rajasthan
Decided on: Feb-17-1977
Reported in: 1977WLN(UC)70
S.N. Modi, J.1. These three appeals are directed against the judgment of the Motor Accidents Claims Tribunal Jodhpur Civil Misc. cases Nos. 33A, 34A and 35A of 1970. As these three appeals arise out of a single accident, they ate being disposed of together by this judgment.2. The facts giving rise to these appeals are like this. On 8-3-1970 at about 8.30 p.m. three children Gopal, Karan Singh and Ram Deo along with others were playing far away from the road. Motor Truck No. DLK 1176 (Pick up) came from the side of the 5th Road Sardarpura, Jodhpur and when it reached the crossing of 3rd Road Sardarpura and Umaid Hospital Road, it deflected towards left where the boys were playing. The truck first struck against a sign post on which Baldeo Marg was written and thereafter injured Gopal, Karan Singh and Ram Deo. The latter (Ramdeo) succumbed to the injuries. At the time of the accident the truck was being driven by driver Sagat Singh rashly and negligently. The owner of the truck on the da...
Hukmi Chand Vs. Murlidhar
Court: Rajasthan
Decided on: Feb-15-1977
Reported in: 1977WLN(UC)69
S.N. Modi, J.1. This revision application is directed against an order of the Munsif Magistrate, Jaisalmer dated 11-8-1973.2. The relevant facts of the case are that the non-petitioner filed a suit for rendition of accounts against the petitioner. It was pleaded in the plaint that the matter has to be referred to arbitration in accordance with the terms of the agreement. In view of the above allegation the proceedings in the suit were stayed and the plaintiff was directed to file an application to refer the matter to arbitration. On 30-9-1972 the non-petitioner plaintiff moved an application under Section 20 of the Arbitration Act, 1940 with the prayer that the matter may be referred to arbitration as per agreement between the parties. This application being defective, certain objections were raised by the petitioner-defendant. On these objections the court ordered to remove the defects. The non-petitioner plaintiff instead of removing the defects, moved mother application on 3-5-1973....
Pehalwan and Nine ors. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Feb-10-1977
Reported in: 1977WLN(UC)183
R. Sachar, J.1. This is an appeal against the conviction and sentence of the appellants by the Additional District and Sessions Judge, Dholpur by his judgment dated 4-8-71. The learned court has convicted the appellants Lohrey, Pati Ram, Chhotey and Diwansingh for committing the offence under Section 302 read with Section 34 and 147 IPC. for having caused the death of one Ochhey and has sentenced them to imprisonment for life on the first count and to a period of 6 months rigorous imprisonment on the latter count. The sentences are to run concurrently.2. Appellant Babu has been convicted under Sections 326 and 148 I.P.C. for having given grievous injury to Jaswant and sentenced to imprisonment for 5 years on the first count and 1 year on the second count.3. The appellants Pooran, Sarnam and Pehalwan have been convicted under Section 326 read with Sections 34 and 147 I.P.C. for having caused grievous hurt to Jaswant and sentenced to 3 years rigorous imprisonment on the first count and 6...
Gafoor Mohammed Vs. State of Rajasthan and anr.
Court: Rajasthan
Decided on: Feb-10-1977
Reported in: 1977WLN(UC)80
A.P. Sen, J.1. This writ petition by Gafoor Mohammad is directed against an order of the District Excise Officer, Sri Ganganagar dated 14-8-75 for his compulsory retirement under Rule 244(2) of the Rajasthan Service Rules, 1951 on his completion of 25 years of qualifying service as Moharrir in the office of the District Excise Officer, Sri Ganganagar.2. Though the petitioner had challenged the legality and validity of Sub-rule (2) of Rule 244 of the Rajasthan Service Rules on the grounds that the sub-rule violates Articles 14, 16. and 311 of the Constitution, their validity is beyond question. Their Lordships of the Supreme Court in Tarasingh v. State of Rajasthan : [1975]3SCR1002 have held Rule 244(2) to be valid. That being so, the challenge to the constitutional validity of Rule 244(2) does not survive.3. The only contention raised by Shri Singhvi, learned Counsel for the petitioner, is that, having regard to the Departmental Circular No. F.24(55) Apprt (A)57. Pt I/Gr II/CR dated 16...
Bhopat and ors. Vs. Nyaya Panchayat and ors.
Court: Rajasthan
Decided on: Feb-10-1977
Reported in: 1977WLN438
O.P. Gupta, J.1. A complaint was filed by Gopal Prasad before the Nyaya Panchayat, Kolari in the district of Bharatpur against the petitioners Bhopat, Roshan and Pothi in respect of offences under Section 447 and 506 I.P.C. A Bench of the Nyaya Panchayat consisting of three Panchas examined the complainant and his witness Jiwa Ram and having felt satisfied that the complaint was not frivolous, vexatious or untrue, issued summons to the three petitioners directing them to appear before the Bench of the Nyaya Panchayat on September 7, 1969. On the last mentioned date, the petitioners Bhopat and Roshan were present. but Pothi petitioner was absent. The complainant examined four witnesses including himself in support of the complaint and thereafter the statements of two accused Roshan and Bhopat, who were presents were recorded by the Nyaya Panchayat. The Bench of the Nyaya Panchayat came to the conclusion that the offences under Sections 447 and 506 I.P.C. were fully established by the ev...
Ram Singh Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Feb-09-1977
Reported in: 1977WLN(UC)50
A.P. Sen, J.1. This writ petition by Ram Singh is directed against an order of Shri P. Maderana, Colonisation Minister dated 15-11-1975 rejecting his revision application.2. No interference with the order of the Hon'ble Minister is called for. The dispute relates to allotment of four 'bighas' of canal irrigated land situate in square No. 51 in village 25 R.B. ft appears that the Collector, Ganganagar, by his order dated 7-1-1971 alloted this land to respondent No 2 Fauja Singh. Thereupon, the petitioner filed an application for review before the Collector, who by his order dated 20-1-70. rejected the objections raised by him, stating that Ramsingh already had land in 26 R.B. measuring 21 'bighas' and also in 25 R.B. 21 'bighas' 5 'biswas' and, therefore, there was no question of 'kamipuri', i.e., he had more than sufficient land. In that view, the Collector held that there was no question of canceling the allotment. Thereafter the petitioner preferred a revision against the order of th...
Rajasthan State Road Transport Corporation, Jaipur Vs. Kalawati and or ...
Court: Rajasthan
Decided on: Feb-08-1977
Reported in: AIR1977Raj236; 1977()WLN68
ORDERS.N. Modi, J. 1. This revision application is directed against an order of the Motor Accidents Claims Tribunal (District Judge), Pali dated May 29, 1975.2. The relevant facts giving rise to this revision application may briefly be stated as under. The non-petitioners Nos. 1 to 9 filed a petition claiming compensation to the tune of Rs. 3,68,000 against the petitioner and non-petitioners Nos. 10 and 11. It was alleged in the petition that on 16-4-1969 deceased Dr. Ganesh Dutt Nagar was going to Jalore from Jodhpur in his Ambassador Car bearing registration No. RJW 684, About two furlongs from Sanderao between mile stone Nos. 134-1 and 134-2 the Motor Bus No. RJL 7259, which was driven by non-petitioner No. 11 Ismaluddin and was owned by the petitioner namely the Rajasthan State Road Transport Corporation, Jaipur, dashed against the Ambassador Car. According to the non-petitioners Nos. 1 to 9 the accident took place on account of rash and negligent driving of the driver Ismaluddin. ...
Danaram and Two ors. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Feb-08-1977
Reported in: 1977WLN40
M.L. Shrimal, J.1. The three appellants, viz. Danaram, Ransingh and Jhandu were tried by the learned Additional Sessions Judge, Sri Ganganagar along with two other accused (since acquitted) in connection with an occurrence which took place on June 5, 1971 at 9 A.M. at village Rohi Paldi in the field of Budhram. In the course of that occurrence Hemraj, Nihala and Budhram sustained injuries at the hands of the accused persons. Hemraj met instantaneous death. The learned Additional Sessions Judge convicted the three appellants under Section 302 read with Section 34, I.P.C.. and sentenced each of them to imprisonment for life and a fine of Rs. 500/-, in default of the payment of which each of them was ordered to undergo rigorous imprisonment for a period of three months. All the three appellants were acquitted of the remaining charges. The two accused viz. Mst. Bhaga and Mst. Dakori tried along with the appellants were acquitted of all the charges framed against them.2. The prosecution sto...
Kalyan Singh Vs. Dhanna Ram and ors.
Court: Rajasthan
Decided on: Feb-07-1977
Reported in: 1977WLN35
M.L. Joshi, J.1.This is a petition under Article 226 and 227 of the Constitution of India by one Kalyansingh wherein he has prayed for quashing the order of the Workmen's Compensation Commissioner Jodhpur. The non-petitioner No. 2, dated 30th of April, 1973, & his award dated 30th of November, 1973, under the Workmen's Compensation Act and further prayed to send the case back to the non-petitioner No. 2 to decide it after giving applicant an opportunity of being heard.2. The facts which are relevant and material for the disposal of this petition are as follows: Non-petitioner No. 1 Dhannaram made an application to the Workmen's Compensation Commissioner alleging that his son Mohanlal was in employ of Kalyansingh the petitioner. Dhannararn alleged in his application that. Mohanlal received some injuries in the course of his employment on 20th of February, 1972 as a result of which he succumbed to the injuries on 12-3-72 in the M.G. Hospital, Jodhpur. Dhannaram put in a compensation clai...
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