Rajasthan Court March 1984 Judgments
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Mal Singh and anr. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Mar-21-1984
Reported in: 1984WLN211
S.S. Byas, J.1. By his judgment dated April 2, 1979 the learned Sessions Judge, Ganganagar convicted & sentenced the accused appellants as under:S. No. NAME OF THE ACCUSED Offence Sentenceawarded1. Malsingh (i) 302 IPC Imprisonmentfor life(ii) 307/34 Seven yearsrigorous imprisonment(iii) 27 of the One year's Arms Act rigorousImprisonment2. Gittansingh (i) 302/34 IPC Imprisonmentfor life(ii) 307 IPC Seven years R.I.(iii) 27 of One year's R.I.the ArmsAct.The sentences were directed to run concurrently.2. The incident is alleged to have taken Place at about 9.30 A.M. on September 23, 1977 in village Thandewala P.S. Gajsinghpura district Ganganagar in which two persons viz. Prakash Singh and Jernel Singh were gunned to death and one namely PW 1 Rajasingh was severely injured by a pistol shot.3. Succinctly stated, the prosecution case is that the victims and the accused-appellants are closely related inter se. The grand fathers of the two accused-appellants and PW 1 Rajasingh were real brot...
District Electrical Engineer Vs. State of Rajasthan
Court: Rajasthan
Decided on: Mar-15-1984
Reported in: [1987]65STC101(Raj)
S.C. Agarwal and S.N. Bhargava, JJ.1. These references raise common questions for consideration and, therefore, they are being disposed of by a common order. In all these references the following questions have been referred to this Court by the Board of Revenue under Section 15 of the Rajasthan Sales Tax Act, 1954 (hereinafter referred to as 'the Act').(i) Whether the disposal of coal-ash through auction or contract is incidental or ancillary to the trade of Railways ?(ii) Whether penalty under Section 16(1)(b) and (c) can be imposed for the periods 1957-58 and onwards when the registration order was passed in the year 1966?(iii) Whether the realisation of tax on coal-ash would be justified when tax was already realised when the coal was purchased ?2. The facts lie within a very short compass. During the assessment years 1958-59 to 1964-65, Western Railway had a power house at Ajmer wherein coal-ash was produced as a waste product. The said coal-ash was sold by auction in lots by the ...
Jeeva and ors. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Mar-15-1984
Reported in: 1984WLN(UC)33
S.S. Byas, J.1. Since these three jail, appeals arise out of one and the same judgment of the learned Sessions Judge, Doongarpur dated May 21, 1979, they were heard together and are disposed for by a common judgment'. By the said judgment, the learned Sessions Judge convicted the appellants under Section 302/34, I.P.C. and sentenced each of them to imprisonment for life with a fine of Rs. 100/-, in default of the payment of fine to further under go seven days simple imprisonment.2. At about 2.30 P.M. on March 19,1978, PW. 2 Balji Meena of village Odapal district Doongarpur appeared at police Station, Bichiwara and verbally lodged report Ex. P 2. It was stated therein that in the preceding night he was participating in a Bhajan Mandli at the house of one Kuber Meena in his village Odapal. The accused Deoji came there and told the persons sitting there that a thief had entered his house. Thereupon he and the other parsons went to the house of accused Deoji. There they found Hanjiya Meena...
Makhan Lal Masih Vs. State of Rajasthan
Court: Rajasthan
Decided on: Mar-14-1984
Reported in: 1984WLN736
S.S. Byas, J.1. Accused Makhan Lal Masih was convicted under Section 302 IPC and sentenced to imprisonment for life by the learned Sessions Judge, Bhilwara by his judgment dated September 21, 1979. He has come-up in appeal to challenge his conviction and sentence. The accused has been found guilty for committing the murder of his wife Smt. Soni.2. Briefly stated the case set up by the prosecution is that the accused is a resident of village Berana PS. Asind District Bhilwara. He was originally a Hindu belonging to the Scheduled Casts BaLal He renounced Hinduism and embraced Christianity in 1970. He wanted to convert her to Christianity but Smt. Soni did not oblige him despite his presistent efforts. , It is suggested that it sowed the seeds of discordance between them. The Christian Mission gave him a job at Rudki in Uttar Pradesh. He started living there but used to come to his house at Berana after an interval of two or three months. Three children were born to Smt. Soni from him out...
Additional Commissioner of Income-tax Vs. Rajasthan State Co-operative ...
Court: Rajasthan
Decided on: Mar-13-1984
Reported in: [1987]163ITR213(Raj)
1. In these references relating to the assessment years 1962-63, 1963-64, 1964-65 and 1965-66, the following common question of law has been referred by the Income-tax Appellate Tribunal to this court under Section 256(1) of the Income-tax Act, 1961 (hereinafter referred to as 'the Act').'Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the provisions of Section 81(v) of the Income-tax Act, 1961, were not applicable to the interest received by the assessee on Government securities which were held by it as part of its stock-in-trade '2. The Rajasthan State Co-operative Bank Limited, (hereinafter referred to as 'the assessee') is a co-operative society registered under the Rajasthan Cooperative Societies Act, 1953. In functions as an apex bank to take loans from the Government and from the Reserve Bank of India and in its turn, advances loans to Central Co-operative Banking institutions. In the accounting years relevant to the assessment ...
Addl. Commissioner of Income Tax Vs. Rajasthan State Cooperative Bank ...
Court: Rajasthan
Decided on: Mar-13-1984
Reported in: (1984)42CTR(Raj)209
By the Court - In these references relating to the asst. yrs. 1962-63, 1963-64, 1964-65, and 1965-66 the following common question of law has been referred by the ITAT to this court u/s. 256(1) of the IT Act, 1961 (hereinafter referred to as the Act).'Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the provisions of s. 81(v) of the IT Act, 1961, were not applicable to the interest received by the assessee on government securities which were held by it as part of its stock-in-trade ?'2. The Rajasthan State Cooperative Bank Limited (hereinafter referred to as the assessee) is a cooperative society registered under the Rajasthan Cooperative Societies Act, 1953. It functions as an Apex Bank to take loans from the government and from the Reserve Bank of India and in its turn, advances loans to Central Cooperative Banking institutions. In the accounting years relevant to the assessment years in question, the assessee was holding securities a...
Mala Ram Vs. State
Court: Rajasthan
Decided on: Mar-13-1984
Reported in: 1984WLN(UC)57
S.S. Byas, J.1. This is a jail appeal by accused Malaram against the judgment of the learned Sessions Judge, Churu convicting the appellant under Section 302, IPC, and sentencing him to imprisonment for life with a fine of Rs. 5, 000/-, in default of payment of fine to further undergo two months' rigorous imprisonment.2. Briefly stated, the prosecution case is that the deceased-victim Aaduram Jat was the first cousin of the appellant. Their fathers were real brother inter se. At about 2.00 P M. on 16-2-79, PW 1 Pannalal appeared at police Station, Bmipura, District Churu and verbally lodged a report Ex. P/1. It was stated therein that in the preceding night at about 3. A.M. the accused came at his residence and told him that the deceased victim Aaduram had sustained some injuries on his person by means of some sharp edged instruments He went there at the house of the deceased-victim. Many persons of the village collected there. A truck was being arranged to make the injured-victim to t...
Jal Singh Vs. the State of Rajasthan
Court: Rajasthan
Decided on: Mar-13-1984
Reported in: 1984WLN437
G.M. Lodha J.1. This is an appeal by accused Jal Singh against the judgment of Sessions Judge, Alwar convicting the appellant Under Section 302 IPC for commiting murder of Mewa w/o Ram Kishan.2. This case was listed today for the consideration of 5th bail application filed by Jal Singh. On a joint request made both by Mr. Tibrewal and Mr. Mathur that since the counsel for the accused is not intending to argue the case on merits as a whole and he is desirous of challenging only the conviction to the limited extent and is pressing for its conversion from Section 302 IPC to Section 304 IPC, the entire appeal may be heard and decided today. Consequently, the appeal was heard on merits.3. It is not necessary to mention in detail the facts of the case becauase Mr. Tribrewal, learned Counsel for the accused submits that he is not in a position to challenge the finding that it was Jal Singh who caused the death of Mewa, but according to him although death was caused by Jal Singh by a 'Farsha' ...
Damodar Lal Vs. Lalli Lal and ors.
Court: Rajasthan
Decided on: Mar-12-1984
Reported in: AIR1985Raj55
M.C. Jain, J. 1. This is an appeal by defendant 1 against the judgment and decree dated October 29.1971, of the District Judge, Jaipur District. Jaipur, affirming the judgment and decree of the Civil Judge, Jaipur District, Jaipur dated September 30, 1970.2. The plaintiff Lalli Lal, respondent 1, instituted a suit on 11-3-1964 for partition against the appellant Damodar Lal, defendant 1, and Shyam Sundar and Shri Mohan, defendants 2 and 3. The plaintiff gave the following pedigree table of the family in para I of the plaint, -- Amba Bux | --------------------------------------------- | | |Govind Narain Laxmi Narain Murlidhar | | ------------------------------ | | Parwati Sagra alias Bohonri Bai ( married to Ramgopal) ----------------------------------------------------- | | | |Shri Mohan Lalli Lal Damodar Lal Khushwakt RAi(D.3) (Plaintiff) (D.1) | Shyam Sunder (D.2)The immovable property sought to be partitioned, was of Murli Dhar, who died in the year 1923. His brothers Govind Narain ...
State Bank of Bikaner and Jaipur Vs. Firm Ballabh Das and Sons
Court: Rajasthan
Decided on: Mar-12-1984
Reported in: AIR1984Raj107; 1984()WLN141
ORDERK.S. Sidhu, J.Note:- The revision petition listed above was allowed on March 8, 1984, with the remarks that reasons for the acceptance will be given later Reasons are given as follows:Reasons.1. This petition of revision under Section 115 of the Civil P. C. by the defendant in a suit. pending before the Additional Munsif. Jaipur City, is directed against the appellate order of the Additional Civil Judge. Jaipur city, affirming the order of the Additional Munsif, whereby the latter had granted a temporary injunction in favour of the plaintiff in the suit restraining the defendant from selling the goods pledged by the plaintiff with the defendant to a third party and further mandating the defendant in effect to deliver the goods to the plaintiff at the rate of Rs. 6350/- per metric tonne.2. The suit in which the extraordinary order of temporary injunction as aforementioned, was passed by the trial court and affirmed by the lower appellate court, has been filed by M/s. Bal-labhdas an...
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