Rajasthan Court March 1980 Judgments
State of Rajasthan and ors. Vs. Maqbool Ahmed
Court: Rajasthan
Decided on: Mar-31-1980
Reported in: 1980WLN(UC)283
K.D. Sharma, J.1. D.B. Civil Special Appeal No. 148/1979 filed by the State of Rajasthan & others under Section 18 of the Rajasthan High Court Ordinance has been directed against the judgment of the learned single Judge of this Court dated 24th September, 1979 which he passed in S.B. Civil Writ Petition No. 825 of 1978 Maqbool Ahmed v. The State of Rajasthan and Ors. and whereby the order marked Anexure 2 dated 24th October, 1978 was quashed and it was declared that Maqbool Ahmed petitioner is entitled to get his pay fixed in the pay scale of Rs. 180-425 on the post of foreman grade I and accordingly his pay shall be so fixed.2. The relevant facts giving rise to the writ petition out of which this special appeal arises may be briefly stated as follows: Maqbool Ahmed petitioner was appointed on the post of mechanic grade II on 22-12-1954. Thereafter he was promoted to the post of mechanic grade I on 1-3-1956 and was latter on promoted on a temporary basis to the post of foreman grade I ...
Tag this Judgment!Kirpal Singh Vs. Mst. Kartaro and ors.
Court: Rajasthan
Decided on: Mar-28-1980
Reported in: AIR1980Raj212; 1980()WLN411
C.M. Lodha, C.J. 1. This is a plaintiff's special appeal under Section 18 of the Rajasthan High Court Ordinance from the judgment and decree dated 16-2-1972 by Kan Singh, J., whereby the learned Judge set aside the judgment and decree of the trial court and dismissed the plaintiff's suit for specific performance of the contract of sale of agricultural land and substituted a decree for Rupees 4,000/- with interest at 6% per annum from the date of suit till realisation.2. The suit was instituted against Gujar Singh but he died during the pendency of this appeal and is now represented by his widow Shrimati Kartaro --respondent No. 1. It appears that after the decision by the learned Single Judge Guiar Singh sold away the land in question by a registered sale deed dated 31-3-1978 to Sukhmindra Singh, Balvindra Singh and Veer Singh, who have been also impleaded as respondents Nos. 2, 3 and 4 in this appeal, as transferees during the pendency of this appeal.3. The plaintiff's case as set out...
Tag this Judgment!State of Rajasthan Vs. Mangilal and ors.
Court: Rajasthan
Decided on: Mar-28-1980
Reported in: 1980WLN452
Shrimal, J.1. Accused Mangilal, Madan, Birdha, Ganesh, Laxmi Narian, Bhagirath, Kanhaiyalal and Bherulal were tried by learned Sessions Judge, Kota, for offence under Sections 148, 302 and 302/149. I.P.C., in connection with the murder of Hira, on July 1, 1973, in village Raju Khera. Learned Sessions Judge, found all the accused cot guilty of the above charged, by his judgment dated February 8, 1974 and acquitted them.2. Aggrieved by the judgment of acquittal, the State Government filed an application for leave to appeal against all the eight accused. The application came up for admission before a Division Bench of this Court, on October 21, 1974. The Court after hearing the Public Prosecutor, admitted the appeal against Mangilal, Madan, Ganesh, Laxmi Narain, Kanhaiyalal and Bherulal The application for leave to appeal submitted against Birdha and Bhagirath was rejected.3. After arguing for some time learned Counsel, appearing on behalf of the State, lightly conceded that no case under...
Tag this Judgment!Jaipur Finance and Dairy Product P. Ltd. Vs. Commissioner of Income-ta ...
Court: Rajasthan
Decided on: Mar-27-1980
Reported in: [1980]125ITR404(Raj)
M.L. Shrimal, J.1. The Income-tax Appellate Tribunal, Jaipur Bench, Jaipur, made a reference under Section 256(2) of the I.T. Act, 1961 (hereinafter referred to as ' the Act ').2. The assessee failed to comply with the requirement of Rule 513 of the Rajasthan High Court Rules, 1952 (hereinafter referred to as ' the Rules '). In spite of notice by the Registrar the asses'see failed to submitthe paper book and also failed to appear on the date of the hearing, as a result of which the Division Bench of this court, on July 6, 1976, returned the reference made by the Income-tax Tribunal, Jaipur Bench, Jaipur, as unanswered.3. The assessee filed an application for invoking its inherent power to recall its order, dated July 6, 1976, passed by the Division Bench of this court in D.B. Income-tax Reference No. 16 of 1977. Mr. Ladlilal Sharma, learned counsel for the assessee, frankly conceded before the court that in view of the decision in Roop Narain Ramchandra (P.) Ltd. v. CIT : [1972]84ITR18...
Tag this Judgment!State of Rajasthan Vs. Mahendra Singh and ors.
Court: Rajasthan
Decided on: Mar-27-1980
Reported in: 1980WLN(UC)163
K.D. Sharma, J.1. The is an appeal filed by the State of Rajasthan under Section 417 Old Cr. P.C. against the judgment of the learned Sessions Judge, Sriganganagar dated 29. 7.70, by which Jagdish and Vinay Kumar accused were acquitted of the offences punishable under Sections 147, 304 part I read with Section 149 IPC. and Mahendra Singh was acquitted of the charges under Sections 157 and 304 part I, IPC. but convicted of an offence under Section 304 pert II, I.P.C. Likewise, Narendra was acquitted of the offences under Sections 304 part I read with Sections 149 and 147 I.P.C. but was convicted under Section 323 I.P.C only As Mahendra Singh and Narendra were below 21 years of age and were not previous, convicts they were not sentenced to imprisonment end were released on probation under Section 6 of the Probation of Offenders Act, upon furnishing personal bonds of Rs. 5000/- and Rs. 500/- with one surety in the like amount respectively with stipulation to appear and receive sentence wh...
Tag this Judgment!Controller of Estate Duty Vs. Late Harisinghji (Through Accountable Pe ...
Court: Rajasthan
Decided on: Mar-26-1980
Reported in: [1980]126ITR438(Raj)
Kasliwal, J.1. This is a reference under Section 64(1) of the E.D. Act, 1953.2. Late Raja Harisinghji of Kuchaman was a jagirdar of Kuchaman, an erstwhile jagir in Jodhpur. The jagir of late Raja Harisinghji was resumed on 1st July, 1954, under the provisions of the Rajasthan Land Reforms and Resumption of Jagirs Act, 1952 (hereinafter referred to as ' the Act '). The jagirdar died on 15th January, 1956. His legal heirs and accountable persons, for purpose of estate duty, were his widow, Rani Dariyab Kanwar, his brother, Raja Pratap Singh, who was adopted by Rani Dariyab Kanwar as a son and his minor daughter, Miss Snehprebha, through her guardian, Rani Dariyab Kanwar. The Dy. Controller of E.D. included in the value of the estate of the deceased, compensation receivable by the maintenance-holder, Dariyab Kanwar, on the resumption of his jagir. An argument was advanced by the accountable persons that the compensation payable to the widow, under Section 27 of the Act, should not have be...
Tag this Judgment!ishwar Singh Vs. State of Rajasthan
Court: Rajasthan
Decided on: Mar-26-1980
Reported in: 1980WLN(UC)268
K.D. Sharma, J.1. The learned Additional Sessions judge No. 1, Jodhpur, has convicted both the above named accused appellants under Section 366, IPC and each of the accused has been sentenced to undergo four year's rigorous imprisonment and to pay a fine of Rs. 200/-, in default of payment of fine, to suffer further one months simple imprisonment. Accused Babulal has preferred a jail appeal whereas Ishwarsingh has preferred a re> presented appeal. As both the appeals arise out of the same judgment, they are being disposed of by this common judgment.2. Briefly stated, the prosecution story is that Mst. Galuri, a girl aged about 14 years, resident of Ramdeora, on January 16, 1979, had gone to Pokaran to make some purchases. When she was at the meat shop of Shafi Mohammed PW 11, it is alleged that both the accused persons came to her and took away the said Galuri PW 5 on cycle on the pretext that she was being taken away to village Ramdeora to the house of her father. The accused persons ...
Tag this Judgment!Bhojraj and Co. Vs. S.T.A.T. and ors.
Court: Rajasthan
Decided on: Mar-26-1980
Reported in: 1980WLN(UC)272
S.K. Mal Lodha, J.1. This is a petition under Articles 226 and 227 of the Constication in which the petitioner seeks to quash the orders Anxs. P.7 and P.8 dated September 28, 1979 of the Regional Transport Authority (for short the R.T A), Jodhpur and Anx. P.10 dated January 8, 1980 of the State Transport Appellate Tribunal (hereinafter referred to as the S.T.A.T.).2. The petitioner is an existing operator of Gachlpura to Kishangarh via Harnava, Badu, Bhadava, Janjiia, Bagot, Kanwalad, Kanpur, Karkeri Sulemabad, Pinglod, Khatoli route holding one non' temporary stage carriage permit for the same covered by vehicle No. RJL 3843 validly renewed upto April 4, 1980 The R.T.A at its meeting held on September 14, 1979, opened Gachipura Ajmer route and fixed a scope of four stage carriage to perform two return services over the same. The petitioner has filed the copy of the resolution dated September 14, 1979 fixing the scope marked as Ana PI After 'he fixation of the scope, respondents No. 3 ...
Tag this Judgment!Prem Pal Singh and ors. Vs. Phool Singh and anr.
Court: Rajasthan
Decided on: Mar-21-1980
Reported in: 1980WLN483
N.M. Kasliwal, J.1. This petition under Section 482 Criminal Procedure Code, 1973, is to quash the proceedings before the Judicial Magistrate No. 5, Jaipur City, in respect of offence under Sections 500, 505(2)(3), 468, 469, and 120B I.P.C. The facts leading to this petition are that one Phool Singh presently residing at Nawai.ka Mahant-ka Rasta, Ramganj Bazar, Jaipur filed a complaint against Prempal Singh Rawat Balyogeshwar his wife Marelyn Lois Johnson, Dharampal Singh Sampurnanand and Robert (Rob) Mishler on 9th May,1975 under Sections 120B, 153A, 295A, 298, 420, 465, 468, 469, 471, 500 and 505(2)(3) I.P.C. The substance of the allegations in the complaint is that Phool Singh complaint is a member and staunch follower of Divine Light Mission and is one of its whole time active members since 1961. The Divine Light Mission is a society registered under the Societies Registration Act and was founded to propagate spiritual message The founder was Satgurudev Shri Hansji Maharaj, who has...
Tag this Judgment!Jaipur Mineral Development Syndicate Vs. Commissioner of Income-tax
Court: Rajasthan
Decided on: Mar-20-1980
Reported in: [1981]127ITR33(Raj)
Shrtmal, J. 1. The Income-tax Appellate Tribunal, Delhi Bench 'C', New Delhi (to be referred to as 'the Tribunal' hereinafter), at the instance of the assessee has referred the following questions for being answered by this court:'1. Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was justified in holding that the property in the goods passed to the customers in the erstwhile Part A and C States, because the railway receipts in respect of the sale of goods of the value of Rs. 94,037 were made out in the name of 'self' and were sent to the purchasers in the erstwhile Part A and C States after endorsing the same in their favour? 2. Whether, on the facts and in the circumstances of the case, the entire profits and gains amounting to Rs. 93,019 arisen to the assessee firm in Part A and Part C States should be taken into account for the purpose of applying the test laid down under Section 4A(6)(b) or only that part of the profits which can be de...
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