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Rajasthan Court April 1984 Judgments

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Apr 04 1984

Mohd. Usman Vs. Union of India (Uoi) and ors.

Court: Rajasthan

Decided on: Apr-04-1984

Reported in: AIR1984Raj156; 1984()WLN475

D.L. Mehta. J.1. The petitioner-appellant is a contrator and used to purchase scrap materials sold at railway auctions-The Controller of Stores. Northern Railway. New Delhi, published a public auction of scrap steel rails at Bilara and other places in Jodhpur Division of the Northern Railway. The auction was held at Bilara on Jan. 31, 1967, Pipar Road on Jan. 30, 1967 and at Marwar Bhinmal on Feb. 3, 1967. The terms and conditions of the auction were set out in the said auction notice dated Jan. 18, 1967. The highest bidder was required to deposit 25% of the sale price-on the spot and to pay the remaining amount to the Chief Cashier and Pay Master. Northern Railway New Delhi or Divisional Cashier and Pay Master concerned or the Station Master where there is no Divisional Cashier and Pay Master within seven days from the date of receipt of final acceptance of the bio's. The appellant was the highest bidder in respect of one lot of scrap steel rails sold by auction held at Bilara on Jan....


Apr 04 1984

Smt. Savita Mohan Nagpal Vs. Commissioner of Income-tax

Court: Rajasthan

Decided on: Apr-04-1984

Reported in: [1985]154ITR449(Raj); 1984()WLN278

Dwarka Prasad, J.1. This reference has been made by the Income-tax Appellate Tribunal, Jaipure Bench, Jaipur (hereinafter referred to as'the Tribunal'), by its order dated August 29, 1974, and the following three questions of law arising out of the Tribunal dated August 18, 1972, have been referred to this court for its opinion :' 1. Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the payment of half share of income from property at Jhandewalan to Nitin Mohan under an agreement dated November 5, 1964, was not a case of diversion of any sum of money before it had become the income of the assessee ? 2. Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the property income was assessable in the hands of the assessee under Section 23 of the I.T. Act, 1961 ? 3. Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the payment of half sha...


Apr 03 1984

inder Dass Vs. State of Rajasthan

Court: Rajasthan

Decided on: Apr-03-1984

Reported in: 1985CriLJ1416

S.S. Byas, J.1. By his judgment dated Mar. 7, 1979 the learned Sessions Judge, Churu convicted the accused Inder Das under Sections 302 and 201, I.P.C. and sentenced him to imprisonment for life on the first and three years rigorous imprisonment with a fine of Rs. 200/-, in default of the payment of fine to further undergo three months like imprisonment on the second count. Substantive sentences were directed to run concurrently. The accused has come up in appeal to challenge his conviction and sentence.2. The charges against the accused are that of patricide and disposing of his corpse.3. Briefly stated, the prosecution case is that the deceased-victim Ratan Das was the father of the appellant. Ratan Das had three sons viz. Prem Das, Chain Das and the appellant. They were living together in village Badsar tehsil Sujangarh district Churu. Ratan Das owned considerable agricultural land which stood in the name of Prem Das and the appellant. In 1977, Ratan Das got the agricultural land en...


Apr 03 1984

Addl. Commissioner of Income Tax Vs. Amber Corporation.

Court: Rajasthan

Decided on: Apr-03-1984

Reported in: (1984)42CTR(Raj)232

Agrawal, J. - This reference has been made by the ITAT, Jaipur (hereinafter referred to as the 'Tribunal') u/s. 256(1) of Act, 1961, whereby the following questions of law, arising out of the order of the Tribunal dt. 27-7-1972 in I.T.A. No. 3288 of 1970-71 relating to the asst. yr. 1964-65, have been referred for the opinion of this Court :'1. Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was right in holding that the deed of partnership by which four of the partners contributed immovable property known as 'Rambagh Palace' as their contribution towards capital with the partners of firm did not require registration under the 'Transfer of Property Act'.2. Whether, on the facts and in the circumstances of the case the Appellate Tribunal was right in holding that the assessee was entitled to depreciation in respect of the 'aforesaid Rambagh Palace.'The facts of the case, briefly stated, are that M/s. Amber Corporation, respondent (hereinafter referred ...


Apr 03 1984

Makbool Vs. the State of Rajasthan

Court: Rajasthan

Decided on: Apr-03-1984

Reported in: 1984WLN(UC)229

N.M. Kasliwal, J.1. out of our accused persons Mst. Aisha & Rajasthan Were acquitted by the trial court by judgment Date 28-1-1982 Nawab accused had died during the pendency of the teial and the present petitioner Makbool was convicted under dictions 332 and 356 IPC under Section 332 IPC he was sentenced to six months' rigorous imprisonment and a fine of 100 and in default of payment of fine to further undergo one month's simple imprisonment and under Section 353 IPC he was sentenced to 4 month's simple imprisonment.2. An appeal filed by the petitioners has also been dismissed. hence this revision was filed by the petitioner.3. The only contention raised by learned by the learned Counsel for the petitioner is that the incident is dated January 1, 1973 and the petitioner has faced the trial for 11 years. It is further offence and he has also remained in jail for about 15 days. It is further submitted that according to the judgment of the learned appellate court it has been found that th...


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