Rajasthan Court November 1979 Judgments
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Mardana and anr. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Nov-22-1979
Reported in: 1979WLN(UC)519
S.N. Deedwania, J.1. Appellants Mardana and Amar Singh have preferred his appeal against their conviction under Sections 353, and 379/34 IPC by the Sessions Judge, Bharatpur vide his judgment dated January 25, 1975.2. Briefly stated the facts are these On the night of 16 9.72, police constables Man Singh, Murarilal and Sohan Lal were on 'Gusht' duty in the own of Balina. At about 3 a m. they saw four persons carrying two she buffaloes. Constable Man Singh saw them neer the Irrigation Dak Bungalow He flashed the torch light at them and also challenged. One of the four persons escaped in the Bajara crop with the buffaloes and the three other persons came and attacked Man Singh who was at that time all alone because Murarilal and Sohaulal had remained behind to attend the call of pature. All the three assailants were armed with lathis. Man Singh recognised two of the appellants as Mardana and Amar Singh. Man Singh was hit on his left hand, his belt was broken and also his watch fell down....
Commercial Taxes Officer Vs. Badri NaraIn Sita Ram and anr.
Court: Rajasthan
Decided on: Nov-21-1979
Reported in: [1980]45STC433(Raj)
Dwarka Prasad, J.1. This reference application under Section 15(3A) of the Rajasthan Sales Tax Act, 1954 (hereinafter referred to as 'the Act'), has been filed by the Commercial Taxes Officer, Special Circle I, Jaipur (hereinafter called 'the assessing authority'), and arises in the following circumstances:2. M/s. Badri Narain Sita Ram, Chand Pole Bazar, Jaipur (hereinafter referred to as 'the assessee'), was assessed to sales tax for the period from 26th April, 1971, to 22nd July, 1971, on 22nd December, 1971, on the ground that the assessee had imported hydrogenated vegetable oil from M/s. Jayant Extraction Industries, Jamnagar, in the State of Gujarat, and the first sale of hydrogenated oil in this State took plate at the hands of the assessee. The case of the assessee was that the hydrogenated oil was tax-paid when it reached the hands of the assessee as the assessee had purchased the same from the Udaipur depot of M/s. Jayant Extraction Industries, Jamnagar, although it was admitt...
Ganesh Mal Vs. the State of Rajasthan and ors.
Court: Rajasthan
Decided on: Nov-21-1979
Reported in: 1979WLN(UC)508
C.M. Lodha, C.J.1. This is a special appeal under Section 18 of the Raj. High Court Ordinance against the judgment by a learned Single Judge of this Court dated September 13. 1979, in S.B. Civil writ Petition No. 672 of 1979, where by the learned Single Judge dismissed the writ petition filed by the appellant against the respondents.2. The case has a chequered history and this its third inning to this Court. The facts giving rise to the writ petition are as follows : There is a plot of land measuring about 334 Sq Gaz (1 Sq Gaz :4 Sq ft) situated at Badlonwala Choraya, in the town of Bhinmal. A big building on a part of this plot was admittedly constructed by respondents No. 3 Kesbrimal and his son respondent No. 4 Ganpat Lal (who will hereinafter be referred to as respondent) some time in the year 1970-71. The construction is alleged to be worth Rs. 2 1/2 lakhs by the respondents whereas the estimated value of the construction according to the appellant is about a lakh & a half. It app...
Dr. L.S. Dashora Vs. the University of Rajasthan
Court: Rajasthan
Decided on: Nov-21-1979
Reported in: 1979WLN(UC)493
S.K. Mal Lodha, J.1. The petitioner was admitted as a student of M.D. in the year 1972. He is appearing in the, M.D. Examination of the University of Rajasthan Jaipur (hereinafter referred to us the 'University') The cases of the petitioner is that this examination is known as M. D. Examination Sep.) 1979, as per the Admission Card issued to him by the University. His case further is that the scheme of examination, which is to take place before Dec, 1979 was published in the 'Syallabus 1977' issued by the University for the Faculty of Medicine and Pharmaceutics and according to Ordinance 278-C (10) of the Ordinances of the University it was proved that the M.D. Examination and other Post-Graduate, Examinations. would be conducted by a Board of Examiners, consisting of one Internal and two External Examiners Another Syallabus was issued by the University, which was to be made applicable for the M.D. and M.S. Examination to be held in December, 1979 and 1980. The case of the petitioner i...
Velraj Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Nov-19-1979
Reported in: 1979WLN700
C.M. Lodha, C.J.1. This case comes up today for orders on an application by the legal representatives of the deceased appellants in place of Velraj. They are his wife and son.2. Velraj died on December 4, 1977, and this application has admittedly been made on March 13, 1978, after the expiry of limitation prescribed for the same. Mr. Makhtoor Mal Singhvi, learned Counsel for the respondent, has taken a preliminary objection that the application cannot be maintained in view of the fact that this appeal arises out of a suit for damages on account of malicious prosecution, which was dismissed by the trial court. It is urged that the right to sue for legal expenses or other losses caused to a person due to a malicious prosecution instituted against him is a personal right and it does not survive to the legal representatives of such person. In support of this contention reliance has been placed on G. Jayaprakash v. State A.I.R. 1977 A.P. 20, Punjab Singh v. Rumautar Singh A.I.R. 1920 Patna ...
Ahmed and ors. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Nov-16-1979
Reported in: 1979WLN(UC)393
G.M. Lodha, J.1. Ahmed S/o Sitab, Chander S/o Chhotey Khan, Sitab S/o Chhotey Khan, Shiraf S/o Sitab have filed this bail application. This application came up before me and after hearing the parties I have passed order dated October 29, 1979. In pursuance of this order the Jail record was summoned. This record shows that the order of remand to Jail in the prescribed form under Section 344 Criminal Procedure Code was sent on May 16', 1979 under the signature of Munsif and Judicial Magistrate First Class, Kishangarh Bas (Alwar) for remanding the accused till further orders and to cause him to produce before this Court on May 30, 1979 A separate remand form has been used for each of the accused. Thereafter it appears that on September, 1979 in pursuance of the commitment order, an order was passed by the Munsif and Judicial Magistrate that the accused should be produced before the District and Sessions Judge Alwar on 9-10-1979, Later on District & Sessions Judge by order dated October 9,...
Nath Raj Vs. State Bank of Bikaner and Jaipur
Court: Rajasthan
Decided on: Nov-15-1979
Reported in: 1979WLN(UC)498
S.C. Agrawal, J.1. Both these revision petitions have been filed against the: orders passed by the Additional District judge, Sirohi in civil suit No. 2 of 1975 heard together and are disposed of this common order.2. The facts giving rise to these revision petitions are as under:-The State Bank of Bikaner & Jaipur (hereinafter referred to as 'the Bank'), the non-petitioner herein had extended Joan facilities to the petitioner to the extent of Rs. 25,0(0/- with the Cash Credit Account opened by the petitioner under the phaina Branch of the Bank and by way of security for the repayment of the amount due under the Cash Credit Account the petitioner had hypothecated the machinates and that stock of finished and unfinished goods and raw materials with the Bank under a hypothecation agreement dated 3 rd March 1972 executed by the petitioner in favour of the Bank. On 10th July, 197i the Bank filed a suit against the petitioner in the court of the Additional District Judge, Sirohi for the reco...
Vijay Mehta Vs. State of Rajasthan
Court: Rajasthan
Decided on: Nov-14-1979
Reported in: AIR1980Raj207; 1980()WLN288
ORDERS.K. Mal Lodha, J. 1. This writ petition under Article 226 of the Constitution raises a short but interesting question regarding locus standi of the petitioner to maintain the petition in which he has sought issuance of appropriate writ, direction or order against the respondent (State of Rajasthan) to appoint a Commission of Inquiry headed by a Judge of this Court for the purpose of making inquiry into the following:--1. Whether there has been a change in the cycle of climate so that heavy rains will continue to come to this area?2. Has there been any failure on the part of any government agency in taking steps to prevent the breach of dam?3. Was it possible for the government officials to have conveyed information of the incoming flood to all or any parts of the flood affected areas?4. Did any government official fail to convey information even though it waspossible so to do and what were the reasons therefor?5. What is the extent of damage caused to human life and to property?6...
Ramchand Vs. the State
Court: Rajasthan
Decided on: Nov-13-1979
Reported in: 1981CriLJ1063
Mahendra Bhushan, J.1. The accused-petitioner was convicted by the learned Chief Judicial Magistrate, Bundi, in Criminal Case No. 120/76 under Section 7/16 of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as the Act) and was sentenced to undergo six months R. I. and a fine of Rs. 1,000/-. or in default to further suffer 3 months R. I. He preferred an anneal before the learned Sessions Judge, Bundi, who affirmed the conviction and sentence of the accused-petitioner.2. Munnalal Verma (PW1) was Food Inspector, Bundi in the month of April, 1975. On 12-12-75 in Chhotu Bazar. Bundi at 7 A. M., he saw that the accused-petitioner was carrying about iO Kg. bf milk in two cans for being sold. He suspected the milk to be adulterated, and, therefore, he gave information in Form No. 6 and purchased 660 Ml. of cow milk after paying 0.90 P. as its price vide receipt Ex. P. 2. It was divided into three parts and each part was filled in a clean phial and to each of the samples ...
Ahmed Son of Handu Vs. the State of Rajasthan
Court: Rajasthan
Decided on: Nov-13-1979
Reported in: 1979WLN(UC)388
M.B. Sharma, J.1. Heard the learned Advocates for the accused-petitioner and perused the case diary, which was sent for. In the night intervening 14th/15th Sept, 78, a dacoity took place inside the house of Chander, Mehtab son of Roshan Meo and others in Village Monja Barma, P.S. Kathumar, District Alwar, in which not only silver ornaments in large quantity were taken away by the dacoits but also injuries to Chander son of Roshan Meo were caused. A report of the incident was lodged on 15.9 78 at 1 PM in P.S. Kathumar and a case was registered and investigation was set in motion. Initially, a case Under Section 458, IPC was registered, but. later on it was converted to Section 395/397, IPC. The accused-petitioner and several others were arrested during the investigation of the case on 23 4 79 and the accused petitioner was sent to judicial custody on 24.4.79. In the identification parade, held in Jail, the accused-petitioner was identified by Chandra son of Roshan, one of the injurred p...
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