Rajasthan Court September 1977 Judgments
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Babulal Gupta Vs. Basant Kumar and ors.
Court: Rajasthan
Decided on: Sep-13-1977
Reported in: 1977WLN459
M.L. Jain, J.1. This is an appeal against the order of the learned Motor Accidents Claims Tribunal, Udaipur, dated 21st day of September 1972.2. A claim for compensation for damage to the truck of the appellant and for injuries to its driver involved in an accident which took place on 15th March, 1970, was filed before the said Tribunal, It was alleged that the But No. RJS 1736 collided with the truck. The non-petitioners raised an objection that the Tribunal had no jurisdiction to entertain the claim for compensation for damage to the truck. The learned Tribunal held that it had no jurisdiction to entertain the claim and it directed that the claim petition shall be returned to the petitioner for presentation before a proper Court or Tribunal. The reasoning of the learned Tribunal was that before its amendment in 1969, Section 110 of the Motor Vehicles Act, 1939, only provided for constitution of a Tribunal for adjudication of claims for compensation for death or bodily injury. Therefo...
Govind Ram Gupta Vs. Director of Primary and Secondary Education and o ...
Court: Rajasthan
Decided on: Sep-12-1977
Reported in: 1977WLN(UC)330
D.P. Gupta, J.1. The petitioner was a Head Master of a Government Upper Primary School. Later on he was transferred to the post of an Assistant Teacher in a Higher Secondary School. The petitioner thereupon filed this writ petition challenging the aforesaid order, of his transfer on the ground that the same amounted to reversion of the petitioner to a lower post. By the state order passed by this Court on September 6, 1972 the respondents were directed to maintain status quo in regards to the petitioner's present posting. This interim stay order was subsequently confronted by this Court on July 21, 1975 after hearing both the parties. Thus the petitioner continued to hold the post of Head Master of a Upper Primary School. The respondent's case is, that by the order of the Deputy Director of Education, jodhpur dated 19-11-75, the petitioner was compulsorily retired under Sub-rule (2) of Rule 244 of the Rajasthan Service Rules on payment to him of three months, pay and allowances in lieu...
Nenaram and anr. Vs. the State of Rajasthan
Court: Rajasthan
Decided on: Sep-09-1977
Reported in: 1977WLN521
K.D. Sharma, J.1. This is an appeal filed by Nena Ram and Bhura Ram against the judgment of the Sessions Judge, Merta, dated September 5 1974, by which Nena Ram was convicted under Section 304, part II and Section 324. I.P.C. and sentenced to undergo rigorous imprisonment for seven years and to pay a fine of Rs. 500/-, in default of payment of fine to further suffer rigorous imprisonment for six months on the first count and on the second to undergo simple imprisonment for three months. Both the substantive sentences were however, ordered to run concurrently. By this very judgment, Bhura Ram appellant was convicted under Section 323, I.P.C. and sentenced to undergo simple imprisonment for one month. 2. The prosecution case against appellants was as follows: On 14th October, 1973, at about 7.30 p. m. Panna Ram was returning to his house after grazing his cattle in the jungle His son Chhotu Ram was looking after his cattle in his enclosure situated in village Sidla. At that time Panna Ra...
Deepchand Kothari Vs. Commissioner of Income-tax
Court: Rajasthan
Decided on: Sep-07-1977
Reported in: [1980]124ITR536(Raj); 1977()WLN569
R.L. Gupta, J.1. The applicant has filed these applications under Section 256(2) of the I.T. Act, 1961 (hereinafter called 'the Act'), against the order of the Income-tax Appellate Tribunal, Jaipur Bench, at Jaipur (hereinafter called the 'Appellate Tribunal'), dated December 29, 1973, passed in Income-tax Appeals Nos. 659 to 666 and in Reference Applications Nos. 113 to 120/JP/73-74 dated December 30, 1974, refusing to state the case and refer the questions of law to this court.2. The applicant, Shri Deepchand Kothari, was being assessed at Beawar in the status of an individual in respect of property income and 25 per cent. share from the registered firm, M/s. Jhabarchand Gokalchand, Beawar. He was assessed in the status of HUF in respect of income from house property, shared profit from M/s. Kundanmal Jhabarchand, Umed, and self-business at Jodhpur. Notices under Section 147(a) of the Act were issued by the ITO, C-Ward, Jodhpur, with prior approval of the Commissioner with a view to ...
In Testamentary Petition of Champa Lal Banthia
Court: Rajasthan
Decided on: Sep-07-1977
Reported in: 1977WLN582
M.L. Jain, J.1. This is a petition for grant of probate filed on 9 4-69 by one Shri Champalal Banthia and another Shri Laherchand Sethia. The latter petitioner has since then died.2. One Ganeshilal Maloo of Bikaner was a multi millionaire and had large properties situated in Rajasthan Bihar and East Pakistan. He had a son Dalchand Maloo, who predeceased him in the Svt. year 1974. Ganeshilal himself expired in the Svt. year 1975 Dalchand's mother died in the Svt. year 1980. Dalchand had a daughter, who also died some time before 1951 leaving two sons and two daughters behind. Dalchand's widow Mst. Raj Kanwari Maloo died in the year 1957. It is alleged that before her death that is on 5 7-51, she made a will of the properties inherited by her through her deceased husband. The will is Ex 1 The petitioner had filed an application for probate in the court of District Judge, Bikaner, but upon discovering that the High Court could alone grant a probate in respect of the properties situated ou...
Bhagwati Prasad and ors. Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Sep-02-1977
Reported in: 1977WLN(UC)575
V.P. Tyagi, C.J.1. Petitioner Shyam Lal was convicted by the Munsif Magistrate First Class, AI war for offences under Section 325 & 323 IPC, but he wag given the benefit of the Probation of Offenders Act and was directed to furnish the personal & surety bonds for keeping the peace and be of good behaviour for one year for Rs. 1000/- each. While other accused person namely Bhulu was convicted for offence under Section 323 IPC and he was likewise directed to furnish personal & surety bonds for keeping the peace & be of good behaviour for a period of one year for Rs. 1000/- each. The accused Mst. Basanti and Bhagwati Prasad were also sentenced to fine Rs. 100/- each under Section 323 IPC and Shyam Lal was fined Rs. 100/- and Bhulu was fined Rs. 100/-. It was also ordered by the learned Judge that Shyamlal and Bhullu would pay in all Rs. 300/- to Mst. Anandi who was injured, as compensation.2. An appeal was preferred by all the four accused persons before the Court of the Sessions Judge, A...
Motilal and Kanku Bai Vs. District Judge and ors.
Court: Rajasthan
Decided on: Sep-01-1977
Reported in: 1977WLN(UC)281
D.P. Gupta, J.1. In these two writ petitions common questions of law & facts arise and as such they are disposed of by a common order.2. In civil original suits filed before the learned District Judge, Pali by the petitioners, the plaintiffs produced documents in respect of which the defendant-respondents in their written statement submitted that they were not admissible in evidence being unstamped The learned District Judge in each of the two suits, framed an issue as to whether the document in question was not duly stamped and was inadmissible in evidence? According to the plaintiffs, the documents in question were mere recipes while accord ins1 to the defendant-respondents the said documents were promissory notes or in alternative they were bonds. The trial court, after considering the matter held in each of the two suits that the documents in question were neither receipts nor promissory notes but they art bends and they could be admitted in evidence on payment of proper tamp duty ...