Rajasthan Court February 1978 Judgments
Jagga and anr. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Feb-27-1978
Reported in: 1978WLN(UC)116
R.L. Gupta, J.1. This criminal revision is directed against the judgment passed in appeal No. 6/71 by the Additional Sessions Judge, Udaipur on 15.2.1974. That appeal was preferred against the judgment of the Assistant Sessions Judge, Udaipur on 30.1.1971.2. The Assistant Sessions Judge, Udaipur, convicted the petitioner Jagga under Section 307 IPC and sentenced him to undergo rigorous imprisonment for a period of 1 1/2 years and to pay a fine of Rs. 500/-, in default of payment of fine to under go further rigorous imprisonment for a period of 2 months, Petitioner Mst. Raji who is the wife of Jagga, and Rupa who is the son of Jagga were also convicted Under Section 307 r/w Section 109 and 323 IPC. For the offence Under Section 307 r/w 109 IPC each of there was sentenced to undergo simple imprisonment for a period of two months and pay a fine of Rs. 500/-; for the offence under Section 323 IPC each of them was sentenced to pay a fine of Rs. 200/- and in default of payment of fine to und...
Tag this Judgment!Niyamat Khan Vs. the State of Rajasthan
Court: Rajasthan
Decided on: Feb-24-1978
Reported in: 1978WLN(UC)96
K.D. Sharma, J.1. This appeal by Niyamat Knan has been preferred against the judgment of the Addl Sessions Judge, Churu, dated 30th October, 1976, convicting the appellant under Section 323, IPC and sentencing him to one year's rigorous imprisonment.2. The prosecution case against the appellant was as follows : On 24-6-1974 at about 11-30 p.m. Allahdin son of Saduleh Khan, deceased, was standing beneath a tree of 'Tali' (Sheesham). Niyamat Khan son of Labdhi Khan approached him and asked why he had abused the former's mother. Allahdin replied that he did not use any abusive language to Niyamat's mother. Niyamat son of Labdhi Khan resented the reply given to him by Allahdin and began to abuse the latter At that time Saduleh Khan, deceased, was sitting inside a near by house of Saduleh Khan son of Jasu Khan hereinafter referred to as Saduleh Khan, injured On hearing the altercation that ensured between his son Allahdin and Niyamat son of Labdhi Khan, the deceased came out and enquired ab...
Tag this Judgment!Munir Ahmed and ors. Vs. the State of Rajasthan
Court: Rajasthan
Decided on: Feb-24-1978
Reported in: 1978WLN(UC)103
K.D. Sharma, J.1. This appeal by Munir Ahmed, Pir Box, Bashir Khan, Hanif Khan, Bhanwaru Khan, Ghand Khan, Yusuf Khan and Mst. Patasi is directed against the judgment of the Additional Sessions Judge, Churu, dated 27th June, 1975, convicting the appellants as under:1. Munir Ahmed under Section 304 Ten years' Rule I.Part I, I.P.C. and a fire ofRs. 1010/-, in de-fault one year's further Rule I.2. Pir Box )under Section 324, I.P.C. Each sentenced totwo 5 ears Rule I.3. Bashir Khan)under Section 323 I.P.C.4. Hanif Khan ) ) each convicted under) Section5. Bhanwaru Khan ) 323, I.P.C. and sentenced) to one year's rigorous6. Chand Khan ) imprisonment7. Yusuf Khan ) 8. Mst. Patasi under Section 323I.P.C. Six months' rigo-rous imprisonment2. The prosecution case against the appellants was as follows : On 24th June, 1947, at about 1.30 pm. Allahdin son of Saduleh khan, deceased, was standing beneath a tree of 'Tall' (sheesham), Niyamat son of labdhi Khan approached him and asked why he had abused...
Tag this Judgment!State of Rajasthan Vs. Manohar Ghoghad and ors.
Court: Rajasthan
Decided on: Feb-24-1978
Reported in: 1978(11)WLN85
K.D. Sharma, J.1. This is an application filed by Ram Prasad Joshi, Sub-Divisional Magistrate and Assistant Collector, Bhinmal, District Jalore, under Section 15(2) of the Contempt of Courts Act, 1971 (hereinafter referred to as the Act') for taking such action as this Court thinks fit in the circuit)stances of the case against the non-petitioners Nos. 1 to 10.2. It is stated in the application for contempt of court that the non-petitioners Nos. 1 to 9, who were editors, publishers and printers of a weekly news paper known as 'Garib Sathi', have published in the issues of the said news paper dated 1st April, 1974 and 15th July, 1974, certain news items at the instance of the non-petitioner No. 10, which are set out in detail in the body of the application and which tended to substantial interference with the due course of justice and were calculated to scandalize or lower down the authority of the court of the Sub Divisional Magistrate, Bhinmal by making false and baseless accusation o...
Tag this Judgment!Madan Mohan Maharaj Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Feb-23-1978
Reported in: AIR1978Raj112; 1978(11)WLN66
ORDERM.L. Jain, J. 1. The facts of this writ petition are that upon the merger of the erstwhile Jadon State of Karauli, private properties settlement took place between the ex-Ruler on the one hand and the Government of India and the State of Rajasthan on the other. The Kailadevi temple was included in the Inventory of private properties at item No. 20 with the decision of the Home Ministry that 'the temple will be managed as a trust, His Highness will be the sole trustee.' The Government of India impressed upon the Ruler to execute a trust deed and after prolonged deliberations the Ruler of Karauli executed a trust deed on 21st December 1961 and had it registered. Along with the trust-deed he attached two lists of properties, one of the ornaments and other movable properties, and the other comprised the immovable properties of Kailadevi Trust. Along with the trust deed the Ruler attached a ferro-typed map of the immovable properties showing the boundaries of the trust premises. This t...
Tag this Judgment!Dr. Kailash Chandra Kotia Vs. University of Rajasthan and ors.
Court: Rajasthan
Decided on: Feb-22-1978
Reported in: AIR1978Raj158; 1978(11)WLN61
ORDERM.L. Jain, J.1. The facts of this petition arethat the petitioner Dr. Kailash Chandra Kotia, Professor of Medicine and Cardiology in the S. M. S. Medical College, Jaipur, was nominated by the Chancellor to the Syndicate of the University of Rajasthan in Dec. 1974. By an Ordinance that Syndicate was dissolved end Dr. Kotia remained member only from Dec. 1974 to June, 1975. When the new Syndicate was constituted, the petitioner was again nominated by the Chancellor but it was again dissolved by an Ordinance. This time Dr. Kotia remained a member of the Syndicate from Oct. 1&75 to June, 1977. On 19th Aug. 1977, another Act was made amending the University of Rajasthan Act, 1946, by which the Syndicate was dissolved and a new provision for constitution of the Syndicate was enacted by substituting the existing Section 21. The Syndicate now comprised inter alia two teachers to be elected from amongstthemselves by the teachers of the affiliated colleges. Sub-section (3) of Section 21 fur...
Tag this Judgment!Commissioner of Income-tax Vs. H.H. Birad Kanwarji
Court: Rajasthan
Decided on: Feb-22-1978
Reported in: [1979]119ITR96(Raj)
A.P. Sen, Actg. C.J. 1. These are three applications under Section 256(2) of the I.T. Act, 1961, by the CIT, Jodhpur at Jaipur, for requiring the Income-tax Appellate Tribunal, Bombay Bench ' A ', to refer certain question of law said to arise out of its consolidated order dated January 1, 1975, in Income-tax Appeals Nos. 522 of 1972-73, 949 and 950 of 1971-72pertaining to the assessment years 1967-68, 1968-69 and 1969-70, to the High Court for its opinion.2. The facts giving rise to these reference applications, in brief, are as follows :The assessee is the senior Rajmata of Maharana Bhagwatsinghji of Udaipur and was in receipt of monthly allowance of Rs. 5,000 paid to her by the Maharana of Udaipur out of the privy purse received by him. The assessee claimed before the ITO that the amount of Rs. 60,000 received by her as hat kharch allowance is exempt from income-tax, as under Section 10(19) of the I.T. Act, 1961, any amount received by the ruler of an Indian State as privy purse und...
Tag this Judgment!Commissioner of Income-tax Vs. Goswami Smt. Chandralata Bahuji
Court: Rajasthan
Decided on: Feb-22-1978
Reported in: [1980]125ITR700(Raj)
A.P. Sen, Actg. C.J. 1. By these applications under Section 256(2) of the I.T. Act, 1961, the Commissioner of Income-tax, Rajasthan II, requires the Tribunal, Ahmedabad Bench ' A ', to refer a certain question of law said to arise out of its consolidated order in Income-tax Appeals Nos. 321 to 323/JP of 1971-72, dated November 24, 1973, pertaining to the assessment years 1957-58, 1961-62 and 1963-64, and out of its consolidated order in Income-tax Appeals Nos. 323 and 324/JP of 1973-74, dated February 6, 1975, pertaining to the assessment years 1959-60 and 1960-61, to the High Court for its opinion, namely : 'Whether, on the facts and in the circumstances of the case, the Tribunal was justified in cancelling the penalty levied by the Income-tax Appellate Commissioner under Section 271(1)(c) of the Income-tax Act, 1961, read with the Explanation thereunder ' 2. The facts giving rise to these reference applications, in brief, are as follows: The assessee is the wife of Goswami Shri Brij ...
Tag this Judgment!Hans Ram Vs. the State of Rajasthan
Court: Rajasthan
Decided on: Feb-22-1978
Reported in: 1978(11)WLN276
M.L. Shrimal, J.1. Heard learned Counsel for the parties. Petitioner Hans Ram. Chairman of the Central Jo-operative Batik, Sawai Madhopur got collected some money for being presented to the Chief Minister towards 'Chief Minister's Relief Fund'. A complaint was lodged against unauthorized collection and Shri Brijendra Singh presented it to the Collector, Sawai Madhopur for inquiry, who transmitted it to the Additional Collector, Sawai Madhopur Learned Additional Collector, Sawai Madhopur, reached the contusion that the mode of collecting money was unauthorized. There were also certain erasures in the account-books of the Multi purpose Co operative Secret, Wajinpura. On the basis of that report the then Collector, Sawai Madhopur, lodged a first information report with the Police Station, Gangapur City. The police registered a case (No. 210 on December 3, 1976 against the petitioner under Section 420 and 468, Indian Penal Code.2. The contention of the petitioner is that he in fact wanted ...
Tag this Judgment!Lalchand Vs. Sant Ram
Court: Rajasthan
Decided on: Feb-17-1978
Reported in: AIR1979Raj140; 1978(11)WLN133
ORDERDwarka Prasad, J.1. This revision application has been preferred against the order passed by the learned District Judge, Jodhpur, dated May 28, 1977. In a suit for ejectment, inter alia on the ground of default in payment of rent and for recovery of arrears of rent, the trial Court passed an order under Section 13 (3) of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (hereinafter referred to as 'the Act'). The overdue rent together with interest, as calculated by the trial Court, was deposited by the defendant-tenant within the time allowed. However, the rent for the month of Aug. 1976 which was payable up to Sept. 15, 1976 was not paid or deposited by the defendant-tenant within the aforesaid time but the same was deposited by him in the trial Court on Sept. 17, 1976 and thus there was a delay of two days in making the deposit under Section 13 (4) of the Act. The defendant-tenant filed an application on Dec. 16, 1976 praying that the delay of two days in making t...
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