Rajasthan Court January 1979 Judgments
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Topandass Vs. Kanta Kumari
Court: Rajasthan
Decided on: Jan-20-1979
Reported in: 1979WLN(UC)52
S.K. Mal Lodha, J.1. This is a defendant-tenant's second appeal directed against the judgment and decree of the learned Additional District Judge No. 2, Jodhpur dated May 8, 1975 by which he reversed the decree of the learned Munsif, Jodhpur City, dated March 30, 1974 so far as ejectment was concerned.2. The facts giving rise to this appeal may briefly be noticed. The plaintiff-landlady instituted a suit for arrears of rent and ejectment against the defendants from shops Nos. 16 and 17 situate at 2B Road, Sardarpura, Jodhpur, more specifically described in para 1 of the plaint, on January 11, 1971. Ejectment was sought on the ground of reasonable and bonafide necessity for landlady's son Virerdra Kumar alleging that her son had left his studies and wants to start general merchandise business in the shops in suit. Rs. 401.25 were claimed as arrears of rent and mesne profits from the .defendant. An averment was made in the plaint that the tenancy of the defendant has been validly termina...
Arbind and Company Vs. the State of Rajasthan and ors.
Court: Rajasthan
Decided on: Jan-18-1979
Reported in: [1979]43STC430(Raj); 1979()WLN543
Dwarka Prasad, J.1. A very short point arises for determination in this writ petition. The petitioners carry on business of selling stone ballast (gitti) and of undertaking construction work of buildings, etc. The petitioners never submitted any returns under the Rajasthan Sales Tax Act, 1954 (hereinafter referred to as 'the Act'), nor they were assessed to tax under the Act. According to the petitioners, they used to pay sales tax to Messrs. Bhanwardas Sitaramdas Mistri and that they were not liable to payment of sales tax under the Act. On 29th October, 1977, the Commercial Taxes Officer, B-Circle, Bhawani Mandi, District Jhalawar (hereinafter referred to as 'the assessing authority'), issued a notice to the petitioners under Section 10(2) of the Act directing them to produce the account books and other records for the period from 1963-64 to 1973-74. The petitioners submitted a reply to this notice stating that the notice was bad in respect of the period beyond 8 years and as the not...
Lachhi Ram (Laxminarain) and ors. Vs. Inspector, Insecticides, Sri Gan ...
Court: Rajasthan
Decided on: Jan-17-1979
Reported in: 1979WLN16
M.C. Jain, J.1. Lachhi Ram and Mohanlal have presented this application under Section 482, Cr.P.C., for quashing the proceedings against them under 18(2) 29 of the Insecticides Act, 1968 (46 of 1968)(hereinafter referred to as 'the Act') on a complaint presented by Harbans Singh, Insecticides Inspector before the Chief Judicial Magistrate, Sri Ganganagar.2. Briefly, the prosecution case, as stated in the complaint is the that accused persons, namely, Thakur Dass, Shvam Sunder son of Thakur Dass, residents of Sri Ganganagar for firm Thakur Dass and Sons and ac used Mohanlal are carrying on the business of sale of insecticides at shop No. 168, Jawahar Market, Sri Ganganagar, for which they have no licence, though they had licence to carry on the said business at shops Nos. 211 and 212, Railway Road, Sri Ganganagar. There was a sign-board for the sale of insecticides out side the shop No. 168. The complainant visited shop No. 168 on 13.9.1976 and found insecticides medicines displayed for...
Kalu Ram Vs. State
Court: Rajasthan
Decided on: Jan-16-1979
Reported in: 1979(4)ELT644(Raj)
S.N. Deedwania, J.1. This revision is preferred against the judgment dated June 25, 1975 of the learned Additional Sessions Judge No. 2, Jodhpur convicting the accused-petitioner under Section 135 of the Custom Act, 1962 and sentencing him to rigorous imprisonment for 1 1/2 years and a fine of Rs. 1000/- and in case of default in payment of fine further rigorous imprisonment for six months.2. Briefly stated the facts are that on 31-8-1968 the accused-petitioner was found in possession of two gold biscuits weighing 20 tolas which had been smuggled in India without payment of duty. The only point urged before me is with regard to the quantum of sentence for an offence which was committed a decade ago. It was argued by the learned counsel for the petitioner that the petitioner has been sufficiently penalised in the form expenses and worries of a trial and further he has already suffered imprisonmcut for 10 days and has also to pay a fine of Rs. 1000/- in addition to the loss of Rs. 3600/-...
Hasan Ali and ors. Vs. the State of Rajasthan
Court: Rajasthan
Decided on: Jan-16-1979
Reported in: 1979WLN151
M.L. Joshi, Actg. C.J.1. This revision petition is directed against the judgment and order passed by the leaned Sessions Judge, Udaipur, dated January 21, 1976, whereby be upheld the order of the learned Executive Magistrate, Udaipur, dated October 23, 1975, who permitted the continuance of the proceedings under Section 110 of the Code of Criminal Procedure (hereinafter to be referred to as 'the Act'), even after the expiry of fix months from the date of the commencement of the proceedings.2. A complaint was filed by the police under Section 110 of the Act against the accused-petitioner in the court of the City Magistrate, Udaipur on March 6, 1975. That complaint subsequently came to be transferred to the court of the Executive Magistrate, Udaipur. The same was registered by the learned City Magistrate, Udaipur, woo issued summonses to the accused-petitioner for his appearance in his Court on March 22, 1975. The summonses for hearing on March 22, 1975, were taken to be served on the ac...
Chatar Lal Vs. Ramdas
Court: Rajasthan
Decided on: Jan-12-1979
Reported in: AIR1979Raj87; 1979()WLN37
M.C. Jain, J.1. The following question of law was referred by one of us (M. C. Jain, J.) to be answered by the Full Bench vide order of reference dated 2-9-1978:--'Whether the finding recorded by the first appellate court on the issue relating to comparative hardship remitted by this Court, being a finding of fact, is not open to challenge in the second appeal?'2. The material facts leading to the present reference may be briefly stated as follows:--3. Mahant Ramdas, plaintiff-respondent, instituted a suit for arrears of rent and ejectment from the disputed premises on the ground of personal necessity and default in the Court of Munsif, Udaipur, who by his judgment dated 30-11-1966 decreed the suit for eviction having found issue No. 2 regarding personal necessity in favour of the plaintiff. The defendant went in appeal, but his appeal was dismissed by the learned Additional District Judge, vide his judgment dated 10th of July, 1968. The defendant then preferred the second appeal. Duri...
Shree Kishan Gautam Vs. the Agent, State Bank of Bikaner and Jaipur an ...
Court: Rajasthan
Decided on: Jan-11-1979
Reported in: 1979WLN(UC)14
M.C. Jain, J.1. This revision petition is directed against the order dated 11-1-1972 of the District Judge, Bikaner, upholding the order of the Authority under the Payment of Wages Act, Bikaner Division, Bikaner, dated 14- 5-1971 whereby it held that it has no jurisdiction to try claim applications presented by the present petitioner on the ground that the Payment of Wages Act has not been made applicable to Durgargath under the Notification dated 31st August, 1965.2. The present petitioner was appointed by the former State Bank of Bikaner and was serving at Dungargarh at the relevant time. He was placed under suspension on 18th April, 1968, on the grounds of misbehaviour with the Branch Agent and after enquiry he was removed from service. The present petitioner submitted claim application for his wages, which were registered as claim cases Nos. 227, 228, 229, 283, 284 of 1968; 54 and 71 of 1970; and 23, 24, 25 and 26 of 1971. The details of these claims have been mentioned by the Dist...
Veersingh and ors. Vs. Gurdanamal
Court: Rajasthan
Decided on: Jan-11-1979
Reported in: 1979WLN(UC)68
S.K. Mal Lodha, J.1. This revision by the decree-holders is directed against the order of the Additional Civil Judge, Jodhpur dated November 17, 1978 by which he dismissed their application dated August 1, 1978.2. The decree-holders obtained a decree for ejectment against the judgment-debtor (non petitioner) on October 30, 1972. Appeal against that decree was dismissed by the learned Additional District Judge No. 2, Jodhpur on May 20, 1974. Thereafter, the judgment-debtor preferred a second appeal in this Court. The appeal was dismissed on the basis of the compromise entered into between the decree-holders and judgment-debtor by which the latter was allowed time upto December 31, 1977 to vacate the shop in suit. The judgment debtor failed to vacate the shop as agreed to by him and, therefore, the decree holder submitted on execution application. The judgment debtor submitted an application on January 28, 1978 under Order XXI, 2 and Section 151 CPC stating therein that on December 30, 1...
Kan Raj Vs. State of Rajasthan and anr.
Court: Rajasthan
Decided on: Jan-10-1979
Reported in: AIR1979Raj164; 1979()WLN127
M.L. Joshi, Actg. C.J.1. This special appeal under Section 18 of the Rajasthan High Court Ordinance is directed against the judgment of the learned Single Judge, dated October, 12 1976, whereby he dismissed the writ petition challenging the conversion of the Gram Panchayat, Ahore, into Municipality, Ahore.2. The appellant filed a writ petition wherein he challenged the validity of notification (Ex. 1) dated April 16, 1975, issued under Section 6 of the Rajas-than Municipalities Act, 1959 (hereinafter to be referred to as the Act of 1959) and the notification (Ex. 6) issued under Section 6 (1) of the Act of 1959 on January 28, 1976 (Ex. 6). He also prayed for quashing of the proceedings coming from the notification dated April 16, 1975 and culminating in the notification dated January 28, 1976. It was further prayed in the writ petition that the Municipal Board, Ahore, be directed to forebear from functioning as a Municipal Board under the provisions of the Act and that the Land and Bui...
Gurubachan Singh and anr. Vs. the State of Rajasthan
Court: Rajasthan
Decided on: Jan-10-1979
Reported in: 1979WLN(UC)126
K.S. Sidhu, J.1. The appellants Gurubachan Singh and Siikishan along with one Roop Narain, were tried by the learned Addl. Sessions Judge Gangapur City under Section 466, 467, 477A and 409 read with Section 120B IPC. By his judgment dated March 19, 1974, the learned Judge acquitted the accused Roop Narain. Gurubachan Singh & Srikishan, respectively, were however, convicted under Section 409 and 467 IPC Gurubachan Singh was sentenced to rigorous imprisonment for two years and a fine of Rs. 500/- or in default of payment of fine further rigorous imprisonment for three months. Srikishan was sentenced for imprisonment for one year and a fine of Rs. 200/- or in default of payment of fine to further rigorous imprisonment for one month.2. As already indicated both Gurubachan Singh and Srikishan appealed from the order of conviction and sentence passed against them. Srikishan died during the pendency of the appeal some time in the year 1975. None came forward to continue the appeal on his beha...
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