Rajasthan Court December 1984 Judgments
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Ramju Vs. the State of Rajasthan
Court: Rajasthan
Decided on: Dec-11-1984
Reported in: 1985(1)WLN57
D.L. Mehta, J.1. This is a third bail application moved by the accused-petitioner before this Court.2. Heard learned Counsel for the accused-petitioner and the learned Public Prosecutor for the State and also perused the record of the case. We find no force in the application for suspension of sentence. The application is, therefore, rejected.3. Mr. Rao, appearing on behalf of the accused petitioner, submits that the case may be heard out of turn and he prays that the case may be listed either in the month of January or February, 1985.4. We have inherited the concept of equality from our past heritage and it has not been borrowed from any western civilisation. The concept of equality which we have inherited from the past has been enshrined in the Constitution of India. In the Preamble of the Constitution, we have pledged to secure social, economic and political justice equality, equality of status and opportunity. Article 14 of the Constitution provides that the State shall not deny to...
Tulsiram Vs. State of Rajasthan
Court: Rajasthan
Decided on: Dec-11-1984
Reported in: 1984WLN(UC)447
1. By his judgment dated January 21,1980 the learned Sessions Judge, Partabgarh (camp Chittorgarh) has convicted the accused Tulsiram under Section 302, IPC for committing the murder of his wife Mst. Narayani and sentenced him to imprisonment for life with a fine of Rs. 100/- in default of the payment of fine to further undergo one month's rigorous imprisonment. The accused has come-up in appeal to challenge his conviction and sentence.2. Briefly stated, the case set-up by the prosecution is that the appellant and his wife Mst. Narayani were working on June 28, 1979 in their field situate nearly two furlongs away from their village Rnjgarh P.O. Begun district Chittorgarh. The appellant was addicted to liquor. In the afternoon, while they were still working there, Mst. Narayani requested the accused not to take liquor as much work was still to be done. This enraged the accused. He took-up a stone lying nearby and started hitting Mst. Narayani on her head with it. He continued to hit her...
Subudhi and 12 ors. Vs. the State of Rajasthan and ors.
Court: Rajasthan
Decided on: Dec-07-1984
Reported in: 1985(1)WLN385
Dwarka Prasad Gupta, J.1. As all these petitions raise identical questions, they are dispossessed of by a common order.2. The petitioners have filed habeas corpus petitions stating that they were convicted for offences under Section 302 1PC and were sentenced to imprisonment for life and that each one of them have undergone imprisonment for a period of more than 14 years. As such it has been prayed that the respondents may be directed to release the petitioners forthwith and set them at liberty.3. Notices of these petitions were given to the Superintendent, Central Jail, Jaipur, who had produced before us a statement of the sentences under gone by each one of the petitioners as on December 3, 1984. We have perused the statement produced by the Superintendent, Central Jail, Jaipur and the reply filed on his behalf. We have to consider from the record produced before us as to whether the petitioners have served 2/3 of the sentence including jail remissions earned by him. The decision in ...
Additional Commissioner of Income-tax Vs. Emery Stone Mfg. Co.
Court: Rajasthan
Decided on: Dec-05-1984
Reported in: (1985)47CTR(Raj)204; [1985]153ITR150(Raj)
Mal Lodha, J.1. The Income-tax Appellate Tribunal, Jaipur Bench, Jaipur (hereinafter referred to as 'the Tribunal') has referred the following question for our decision :'Whether on the facts and in the circumstances of the case, the Tribunal was right in holding that Section 187(2) of the Income-tax Act, 1961 (No. XLIII of 1961) (for short 'the Act'), was not applicable in this case, and further that two separate assessments be made on the firm for the assessment year 1969-70?'2. The assessee-firm, M/s. Emery Stone Mfg. Co., Kuchaman Road, derived income from manufacture and sale of chakkies. The assessment year in question is 1969-70. The assessee-firm consisted of six partners as is evidenced from the partnership deed dated April 12, 1965 :1. Kanhaiyalal Saboo ; 2. Durgaprasad Saboo ; 3. Ramprasad Saboo ; 4. Madanlal Saboo; 5. Mohanlal Saboo; 6. Radheyshyam (minor). 3. Kanhaiyalal Saboo expired on March 12, 1968. A deed of dissolution of the partnership was executed on March 12, 196...
Rajasthan State Electricity Board Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Dec-04-1984
Reported in: AIR1986Raj38; 1985(1)WLN61
Dwarka Prasad, J. 1. This appeal has been filed against the order passed by a learned single Judge of this Court dated Nov. 24, 1971 (reported in AIR 1972 Raj 1431 dismissing the Writ petition filed by the Rajasthan State Electricity Board, Jaipur I hereinafter referred to as 'the Board').2. The only question, which was canvassed before us in this special appeal was as to whether the dispute between the Board and Govind Singh Mehta, Proprietor, Chitra Cinema, Jodhpur (hereinafter called as 'the consumer') could lawfully be referred to the Electrical Inspector. The Board has challenged the validity of the award given by the Electrical Inspector and the order passed by the State Government in appeal and has urged that the award and the appellate order of the State Government are nullity in the eye of law because the dispute between the consumer and the Board could not have been referred to the Electrical Inspector for determination.3. It appears that the Board with the concurrence of the...
Controller of Estate Duty Vs. Jaisingh
Court: Rajasthan
Decided on: Dec-04-1984
Reported in: [1986]159ITR133(Raj)
Dwarka Prasad, J. 1. This reference has been made by the Income-tax Appellate Tribunal, Jaipur Bench, Jaipur, under Section 64(4) of the Estate Duty Act, 1953 (hereinafter referred to as 'the Act'), referring the following question of law arising out of its order dated November 6, 1971, to this court for its opinion:'Whether, on the facts and in the circumstances of the case, the Tribunal was right in excluding the sum of Rs. 30,875 standing in the name of Smt. Ajay Kanwar, widow of Kishansingh, from the total estate of the deceased, Kishansingh, under the Estate Duty Act ?'2. The brief facts of the case which have led to the making of the reference are as under :Kishan Singb, resident of Jodhpur, died on November 11, 1966. His son, Jaisingh, was 'the accountable person' within the meaning of that expression for the payment of estate duty on the property which passed on the death of his father, Kishansingh, in the proceedings for assessment of estate duty taken by the Assistant Control...
Galba Vs. Narpat Raj and anr.
Court: Rajasthan
Decided on: Dec-04-1984
Reported in: 1984WLN(UC)444
K.S. Lodha, J.1. In this revision, a very short question has been agitated by the learned Counsel for the petitioner and in that view, the facts of the case need not be stated at any length. It will be sufficient to state that the present petitioner Galba had made a report to the police that the non-petitioner No. 1 had purchased 1/3rd undivided share of the petitioner's brother Sawiya from the land which jointly belonged to the petitioner Galba his brother Sawiya and a third brother Kheema. However, the non-petitioner was interfering with the possession of the petitioner on the part of the land on which the petitioner was in possession by way of conveyance. He, therefore, claimed that the non-petitioner may be restrained from causing any breach of peace in respect of the possession of the complainant. The police after inquiry, put up the matter before the learned Sub-Divisional Magistrate, Jalore, for taking proceedings against the parties under Section 145 Cr.P.C. The learned, Magist...
Gopal Das and Etc. Vs. Regional Transport Authority and ors.
Court: Rajasthan
Decided on: Dec-03-1984
Reported in: AIR1985Raj180
ORDERK.S. Sidhu, J.1. The fate of the three writ petitions, listed above, depends on answer to a question of law which may be formulated as -follows:If a State Transport Undertaking does not make an application under Section 68F(1-A), M. V. Act, 1939, for a temporary permit for plying a stage carriage, till the expiry of one week from the date on which the order of approval of a scheme of nationalisation of passenger transport is made under Sub-section (2) of Section 68D of the said Act, is it legally permissible for the authority concerned to issue a temporary permit to the State Transport Undertaking on the basis of its application made after the expiry of the aforesaid period of one week?2. The undisputed facts in the three writ petitions may be shortly stated here. The Rajasthan State Road Transport Corporation, which is the State Transport Undertaking for the State of Rajasthan, prepared a scheme of nationalisation of passenger road transport on Bayana-Kalsada-Talchidi-Todabhim ro...
Commissioner of Income-tax Vs. Adarsh Gram Trust
Court: Rajasthan
Decided on: Dec-03-1984
Reported in: (1985)45CTR(Raj)251; [1986]159ITR41(Raj)
Dwarka Prasad, J. 1. This reference has been made under Section 27(1) of the Wealth-tax Act, 1957, by the Income-tax Appellate Tribunal, Jaipur Bench, Jaipur, by its order dated August 22, 1972, referring the following question of law arising out of its order dated January 29, 1972, to this court for its opinion :'Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the net wealth of M/s. Adarsh Gram Trust is exempt under Section 5(1)(i) of the Wealth-tax Act in view of the objects mentioned in the Notification No. 11, dated January 4, 1949 ?'2. The facts which have given rise to the aforesaid reference, are as under :Before the merger of Sirohi State with other States to form the bigger State of Rajasthan, Sirohi, was an Indian State and the then Ruler of Sirohi issued the following Notification No. 11, on January 4, 1949, which was published in the Sirohi State Gazette :'No. 11, Ord. : With a view to promote manufacture of khadi, removal ...
Chander Raj Vs. State of Rajasthan and anr.
Court: Rajasthan
Decided on: Dec-03-1984
Reported in: 1984WLN(UC)453
S.N. Bhargava, J.1. This is a second appeal against the judgment and decree passed by Additional District Judge, No. 2, Jodhpur confirming the decree passed by the Additional Civil Judge, Jodhpur and dismissing the suit of the plaintiff.2. The plaintiff filed present suit against the defendants for the recovery of a sum of Rs. 2,300/-. The plaintiff took on lease Kharda mine and Bambolai mine in the Mining department on January 14, 1966 and paid a sum of Rs. 500/- as security for each mine totaling to Rs. 1,000/- and further paid a sum of Rs. 493.60 and Rs. 493.56 as dead-rent for both the mines. The plaintiff has alleged that when he started the work at the mines, the Revenue officers restrained him al the Kharda mine because it involved risk and damage to the Kharda Bandh and employees of Jodhpur His Highness restrained the plaintiff from working on the mines as the land belonged to His Highness being his personal property. The plaintiff met the Collector and Tehsidar who gave him ce...
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