Rajasthan Court November 1979 Judgments
Hakim Ali Vs. the State of Rajasthan
Court: Rajasthan
Decided on: Nov-30-1979
Reported in: 1979WLN(UC)456
S.N. Deedwania, J.1. Petitioners Hakimali, Mohammed Ali and Asgar Ali have preferred this revision petition against the judgment of the Additional Sessions Judge, Ganganagar, dated January 1, 1975 whereby conviction of petitioner Hakimali under Section 307 and 27 Indian Arms Act was upheld and the conviction of Mohammed Ali and Asgar Ali was altered from Section 307/114 and 307/109 IPC2. The fact according to the prosecution were these. Maternal grandfather of Gulam Kadir Dula had agricultural land in Chak 20 PTP. Dula died about one year before the incident. In connection with this land a dispute arose between Mst. Amira mother of Gulam Kadir and wife of injured Wazir khan. On 30-9-1970 at about 6 p.m Gulamkadir was returning from his field to his house. When he has reached near the Mosque he saw the three appellants standing near the house of jalaluddin He heard appellants Mohammed Ali and Asgar Ali exhorting Hakimali to open fire. He then heard a gun fire report Gulamkadir reached h...
Tag this Judgment!Kashi Vishwanath Vs. United Commercial Bank
Court: Rajasthan
Decided on: Nov-29-1979
Reported in: 1979WLN709
C.M. Lodha, C.J.1. This is a special appeal under Section 18 of the Rajasthan High Court Ordinance from the judgment of the learned Single Judge dated December 1, 1978 in S.B. Civil Writ Petition No. 439 of 1978, whereby the learned Judge dismissed the writ petition filed by the appellant-petitioner.2. The appellant is a clerk in the United Commercial Bank, Bhopal Garh Branch, Jodhpur District. He was eligible for promotion to the higher post as Officer Grade 'D' on being selected after qualifying in a written test aid interview. A memorandum of agreement regarding the policy and the procedure concerning promotion and selection was entered into, between the respondent Back and the workmen through their unions and in the said agreement it was provided that in allocation of marks for the written test, interview, lengh of service and qualifications three marks would be given for Double Graduation or Master's Degree from a recognised University or a post graduate diploma of a recognised Un...
Tag this Judgment!The State of Rajasthan Vs. Rugga and ors.
Court: Rajasthan
Decided on: Nov-28-1979
Reported in: 1979WLN(UC)480
Kanta Bhatnagar, J.1. This appeal arises out of the judgment passed by the learned Additional Sessions Judge, Bundi, dated 26-11-1970. By hat judgement, the learned Judge held the respondents not guilty for the charges under Sections 148, 302/35, 309/149, 325/34 and 323 Indian Penal Code, and passed the order of acquittal.2. Briefly stated, the facts of the case leading to the trial of the respondents, are that at village Chapawada two daughters of Rama Nanda, namely, Mohini and Gopali were married to Hazari son of Snri Kishan, PW 1 of Ganpatpura and Mohan, grand son of Rugga, resident of Bezad, respondent, respectively on the 'Akhateez' the 3rd April, 1966. On the next day of the marriage, the two Barat parties of Ganpatpura and Bezd, had assembled beneath a tamarind tree for Beengoth A 'Nut' from Bazad reached there. Rugga gave him Rs. 9/- and also asked Shri Kishan to give him money On Shri Kishan's reluctance to do so, there was not alteration between the two parties. Bhanwarlal S/...
Tag this Judgment!Bhanwar Lal JaIn Vs. the State of Rajasthan and ors.
Court: Rajasthan
Decided on: Nov-27-1979
Reported in: [1980]45STC92(Raj); 1979()WLN701
C.M. Lodha, C.J.1. The facts giving rise to this writ petition lie within a narrow compass. The petitioner carries on the business of manufacturing polythene bags, paper bags, etc., under the name and style of M/s. Oswal Brothers. He is a registered dealer under the Rajasthan Sales Tax Act, 1954 (hereinafter referred to as the Act), and also under the Central Sales Tax Act, 1956. The petitioner's case is that he submitted quarterly returns before the assessing authority, viz., the Commercial Taxes Officer, A-Circle, Jodhpur, for four quarters as mentioned in para No. 5 of the writ petition for the period commencing from 27th October, 1973, to 13th November, 1974. The assessing authority passed the assessment order on 30th November, 1974. Aggrieved by the assessing authority's order, the assessee filed appeal before the Deputy Commissioner, Commercial Taxes (Appeals), Jodhpur, on 17th December, 1974. He also made an application for stay of recovery of the amount of tax before the Commis...
Tag this Judgment!Kripal Singh Vs. the State of Rajasthan
Court: Rajasthan
Decided on: Nov-27-1979
Reported in: 1979WLN715
ORDERSub : - Appeal filed by Shri Kripal Singh, LDC, Office of the District Medical and Health Officer, Ganganagar.Shri Kripal Singh LDG Office of the District Medical and Health Officer, Ganganagar has filed an appeal against the order No F.12/OSD/EM/Emb/59/732-40 dated 28-2-1972 issued by the Commissioner, Departmental Enquiries, Rajasthan, Jaipur imposing punishment of removing him from service.The case was examined thoroughly at Government leval and was referred to the Rajasthan Public Service Commissioner for seeking their advice The Commission have found themselves in agreement with the learned Commissioner, Departmental Enquiries and agreed that the punishment of removing from service is just and proper.Hence, the appeal filed by Shri Kripal Singh, LDC, is hereby rejected.BY ...
Tag this Judgment!Purushottam Das Bangur Vs. Income-tax Officer, C-ward and ors.
Court: Rajasthan
Decided on: Nov-26-1979
Reported in: (1980)14CTR(Raj)161; [1980]126ITR580(Raj)
Lodha, C.J. 1. These are three similar writ petitions whereby the petitioners have challenged the validity of the notices issued by the ITO,under Section 147(b) of the I.T. Act, 1961 (hereinafter referred to as ' the Act '). One set of arguments has been made with respect to all these petitions as the points involved in them are identical. Consequently, we propose to dispose of them by a common order.2. First, we shall take the facts of Writ Petition No. 1177 of 1974. This petition is by Purushottam Das Bangur and pertains to the assessment year 1969-70 (financial year ending on March 31, 1969). During the said accounting year, the petitioner derived income from dividends on shares, share of profit from M/s. Ranganath Purshottam Das Bangur, director's fee and commission, interest on debentures and bank deposits. The assessee-petitioner alleged that he had suffered long-term capital loss on sale of certain bonus shares. The ITO, 'C' Ward, Jodhpur, by his order dated December 15, 1970 (a...
Tag this Judgment!ikram Vs. Union of India (Uoi) and ors.
Court: Rajasthan
Decided on: Nov-26-1979
Reported in: AIR1980Raj182; 1979()WLN727
Lodha, C.J.1. This special appeal under Clause 18 of the Rajasthan High Court Ordinance, 1949 is directed against an interlocutory order dated Nov. 2, 1979 arising out of S. B. Civil Writ Petition No. 466 of 1979 : When this appeal came up for admission, the Court directed the issue of notice to the respondents to show cause why the special appeal be not admitted, In response to the notice Mr. L.R. Bhansali has appeared on behalf of the respondents, and has raised a preliminary objection regarding the maintainability of the appeal. It has been urged by him that the appeal is directed against an interim order vacating an ex parte stay granted earlier which does not fall within the ambit of the term 'Judgment' occurring in Clause 18 of the Ordinance. In support of his contention Mr. Bhansali has relied on State v. Hindo Open Sugar Mills, 1973 Raj LW 633 : (AIR 1974 Raj 110).2. Learned counsel for the appellant while frankly conceding that the view taken in Hindo Open Sugar Mills' case (s...
Tag this Judgment!ismail Vs. State of Rajasthan
Court: Rajasthan
Decided on: Nov-26-1979
Reported in: 1979WLN(UC)432
S.N. Deedwania, J.1. Appellant Ismail has preferred this appeal against the judgment of the Additional Sessions Judge, Alwar, dated January 1, 1975 for his conviction under Section 307 IPC and the sentence of 5 years' rigorous imprisonment and a fine of Rs. 200/-, in default of payment of which further rigorous imprisonment for six months1.2. The prosecution case was under : On 6.10.1973 complainant Paltu went to the fields of Ginni and Ramchander in village Shikarion ka bas for ploughing them with his tractor. He was accompanied his half brother Ashraf. At about 4.30 p.m. when he was still at his work, Dalmor came there along with a number of persons in a tractor. The appellant shortly after wards also came there armed with a 12 bore gun on his scooter. Dalmor had a pistol with him while his other companions were also variously armed. They threatened the complainant with his life and then the appellant fired his gun at him. Paltu sustained pellet injuries on his left leg Some of the p...
Tag this Judgment!Sattar Vs. State of Rajasthan
Court: Rajasthan
Decided on: Nov-23-1979
Reported in: 1979WLN685
P.D. Kudal, J.1. This is an appeal from jail by the accused against his conviction dated 2-7-79.2. The accused-appellant was facing trial under Section 302, IPC for committing murder of his wife, Smt. Prem. The learned Additional Sessions Judge, Gangapur City, framed a charge against the accused under Section 302, IPC on 2-7-79. The accused pleaded guilty, and it is on this plea of guilty that the accused has been convicted by the learned Additional Sessions Judge under Section 302 IPC, and sentenced to imprisonment for life and a fine of Rs. 200/- or in default to undergo further rigorous imprisonment for one month.3. The accused bas now filed this appeal from jail.4. On 2-9-79, the accused on being questioned by the learned Additional Sessions Judge states as under:eq>s vijk/k Lohdkj gS A eSus viuh ifRu dh gR;k dh Fkh D;ksfd eS nks ekg ls ijs'kku Fkk A oks cnpyu Fkh ATreating this as a plea of guilt, the learned Additional Sessions Judge convicted the accused, as stated above.5. Unde...
Tag this Judgment!H.K. Hingorani Vs. the State of Rajasthan and ors.
Court: Rajasthan
Decided on: Nov-23-1979
Reported in: 1979WLN(UC)421
M.C. Jain, J.1. The petitioner H. K. Hingorani by this writ petition has sought to quash his order of reversion dated 8-7-1974 and has further sought to quash the appointments of respondents Nos. 3 to 20 on the post of Executive Engineers consequent to the recommendations of the Departmental Promotion Committee (for short, referred to as the 'DPC') by issuance of an appropriate writ, order or direction. He has further, sought a direction that the respondents No. 1 & 2 be ordered to make selections afresh according to law.2. The present writ petition arises under the following facts and circumstances. After serving as Engineering Subordinate the petitioner was appointed to be the post of Assistant Engineer on ad hoc basis by an order dated 4 8-1961 and after regular selection by the Rajasthan Public Service Commission for the post of Assistant Engineer the petitioner was appointed to the said post on 26-9-1961 and he was promoted as Executive Engineer temporarily by an order dated 17-5-...
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