Rajasthan Court July 1984 Judgments
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Suraj Mal Vs. State and ors.
Court: Rajasthan
Decided on: Jul-10-1984
Reported in: 1984WLN(UC)205
S.N. Bhargava, J.1. Petitioner is a registered partnership firm and has filed this petition through its holder of general power of baloney. Petitioner firm was allotted Plot No. 38(A), C-65 and C-67 in class 'A' & 'C' by the City Improvement Committee, Bikaner by Ex I Dated 11th September, 1944. The Petitioner was asked to deposit a sum of Rs. 22, 845/4/ as provisional purchase money and was further asked to deposit 25% of this price amounting to Rs. 5,71 and 5 annas in the State treasury within seven days from the receipt of this letter, where as Shri Chiranji Lal Bajoriya a partner of the firm Surajmal Nagarmal was allotted Plot No. A-39 in class 'A' by the City Improvement Committee, Bikaner vide Ex. 2 dated 26th January, 1944 and was asked to deposit a sum of Rs. 9,076/- and 6 annas as provisional purchase money and 25% of the amount was to be deposited in the State treasury within seven days. In pursuance of this alloment, the amount was deposited on 19th September, 1944 and 1lth ...
Smt. Bhagwati Devi Vs. Bheru Lal
Court: Rajasthan
Decided on: Jul-09-1984
Reported in: 1984WLN(UC)319
S.S. Byas, J.1. This revision raises interesting question of law as to whether a consent decree of divorce dissolving the nuptial tie of a Hindu couple precludes the wife of claim maintenance from her ex-husband under Sub-section(4) of Section 125 of the Code of Criminal Procedure.2. It would be proper to briefly notice the relevant facts giving rise to this revision-petition. The marriage between the parties was solemnized n accordance with the traditional Hindu rites and ceremonies somewhere seven year before in December, 1975. According to wife a male child was born in her from this wed-lock nearly four years after the marriage. The child was named as Gopal. The relations between the spoue however, did not remain sweet for long and the husband started ill-treating the wife He started ill-treating her and ultimately turned her out along with the child from his-roof The wife thereupon initiated proceedings for maintenanc against the husband but ultimately withdrew it on being assured ...
Jethmal Vs. Khusalsingh
Court: Rajasthan
Decided on: Jul-09-1984
Reported in: 1984WLN232
S.S. Byas, J.1. By this revision, the complainant Jethmal challenges the legality of the learned Munsif & Judicial Magistrate, Sojat dated August 14, 1978, by which he dismissed his complaint on the ground that the accused could not be prosecuted for want of sanction of the State Government under Section 197, Cr. PC There is no pronouncement of this Court on the point involved.2. Briefly stated, the relevant facts giving rise to this revision petition are that the complainant filed a complaint against the accused Khusalaingh the then Station House Officer, Police Station, Sojat in the Court of the Judicial Magistrate on December 23, 1977. The averments disclosed in the complaint were that a case under Section 452, I.P.C. on F.I.R. No, 135/77 was registered against him at Police Station, Sojat by the accused. The accused was bent upon to arrest and handcuffe him. The complainant moved the Sessions Judge Pali under Section 438, Cr. PC for anticipatory bail and anticipatory bail was grant...
Pokar Ram Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Jul-07-1984
Reported in: 1984WLN(UC)301
S.K. Mal Lodha, J.1. This is an application for cancellation of bail filed by Pokar Ram under Section 439(2), Cr. PC read with Section 482, Cr. PC.2. It may be stated that the Additional Sessions Judge No. I Jodhpur while exercising the powers of the Sessions Judge, Jodhpur on September 13 1983. accepted the application filed by non-petitioner No. 1, Chandansingh under Section 438, Cr.FC and passed the order for releasing him on bail in the event of his arrest.3. Petitioner Pokar Ram lodged a report before the Additional Superintendent of Police, Jodhpur who, at the relevant time was holding the charge of Superintendent of Police. It was stated that on August 23 1983 at about 4.00 PM non-petitioner No. 1 Chandansingh and Shyam Singh sons of Shri Ranjeet Singh accompanied by master Harpal, Sukhram and Bhanwar Lal resident of village Anva came on a tractor to his field which is known as 'Talwada'. They started ploughing the field though crop of Baira and Gawer which was sown by him was s...
Salla Ram S/O Begar Ram Jat Khinvasar Vs. the State of Rajasthan and a ...
Court: Rajasthan
Decided on: Jul-06-1984
Reported in: 1984WLN(UC)278
K.S. Lodha, J.1. Salla Ram, party No. 2 in proceedings under Section 145 Cr. PC has tiled this revision against the order of the learned Sessions Judge, Churu dated 7-11-83 by which he accepted the revision of Chunaram, party No. 1 in these proceedings and set-aside the order of the learned Sub-Divisional Officer, Churu dated 6-9-83 appointing the Thesildar as Receiver on the land in dispute.2. I have heard the learned Counsel for the parties and the learned P.P. and have gone through the record.3 I am of the opinion that the revision can be disposed of in short. The facts giving rise to this revision are that the proceedings under Section 145 Cr. PC in this case were initiated on 28-1-81 when the learned Magistrate passed a preliminary order. It appears that an application under Section 146 Cr. PC, had already been filed and arguments on that application had been heard by the learned Magistrate on 24-8-81, however, no orders on that application were passed till 2-8-83 when the party N...
Assistant Commercial Taxes Officer Vs. Har NaraIn Mohan Lal
Court: Rajasthan
Decided on: Jul-05-1984
Reported in: [1985]59STC102(Raj)
S.N. Bhargava, J. 1. This is a reference under Section 15 of the Rajasthan Sales Tax Act (hereinafter referred to as the Act) by the Board of Revenue referring the following question of law for our opinion :Whether on the facts and circumstances of the case the Board was justified in holding that C forms in respect of inter-State sales can be entertained at the first appellate stage when the same are not produced before the assessing authority along with the return of turnover for the period concerned or before or at the time of assessment, 2. The Assistant Commercial Taxas Officer, Ajmer (hereinafter referred to as the assessing authority), imposed tax on inter-State sales at 2 per cent for the sales of Rs. 536 supported by C form, at 7 per cent for sales of Rs. 500 prior to 2nd March, 1963 not supported by C form and at 10 per cent for sales of Rs. 802 after 2nd March, 1963 not supported by C form. The assessee preferred appeals before the Deputy Commissioner (Appeals) which were all...
Bhagwat Singh Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Jul-05-1984
Reported in: 1984WLN328
S.S. Byas, J.1. By this revision the accused who is an ex-ruler of the erst while State of Mewar challenges the validity and legality of the order of the learned Sessions Judge, Udaipur dated June 15, 1979.2. Briefly recalled, the facts giving rise to this revision-petition are that the complainant Balwant Singh, who is a non-petitioner in this revision petition submitted a complaint in writing against the accused in Court of the learned Judicial Magistrate (2), Udaipur in June, 1977. It was averred therein that the temple of 'Iklingnath' situata in Kailashpuri district Udaipur was declared a public trust by the Assistant Commissioner Deovstan Udaipur on May 30,1976. It was farther declared a public trust by the Commissioner, Deovstan on February 25, 1977. The accused, who is an ex-ruler of the erstwhile State of Mewar is the working trustee of the said trust He is also managing the affairs of the trust. The complainant is a follower of the deity of Shri 'Iklingnath' and is, therefore ...
Rajasthan Rajya Sahkari Samitiyan Vyavasthapak Union and anr. Vs. the ...
Court: Rajasthan
Decided on: Jul-05-1984
Reported in: 1984WLN415
N.M. Kasliwal, J.1. Both the above cases are disposed of by one single order as they arise out of an award given by the Industrial Tribunal, Rajasthan, Jaipur, dated April 22, 19(sic)0 between the same parties.2. Certain demands were raised by Rajasthan Rajya Sahkari Samitiyan Vyavasthapak Union (hereinafter referred to as 'Vyavsthapak Union'), in respect of betterment and upliftment of the service conditions of Vyasthapaka (managers) employed in village Agricultural Co-operative Credit Societies (hereinafter referred to as the 'PACS'). After failure of conciliation proceedings the State Government referred 11 demands for aojudication to the Industrial Tribunal. Learned Industrial Tribunal gave an award on April 22, 1980 and dealt with all the 11 demands in detail. The Tribunal repelled the objection raised on behalf of the Rajasthan Co-operative Credit Institutions Cadre Authority (hereinafter referred to as the 'Cadre Authority) that the cadre authority was not an industry within the...
Panna Lal Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jul-04-1984
Reported in: 1984WLN(UC)168
S.S. Byas, J.1. Accused Panna Lal was convicted under Section 4(2) of the Rajasthan Prohibition Act, 1969 and was sentenced to eight months' rigorous imprisonment with a fine of Rs. 100/- in default of the payment of fine to further undergo four months simple imprisonment by the learned Munsif & Judicial Magistrate, Bhinmal vide his judgment dt. February 14,1977. The accused went in appeal. His conviction and sentence were maintained and his appeal was dismissed by the learned Sessions Judge, Jalore by his judgment dated October 25, 1978. The accused has come up in revision to challenge his conviction and sentence.2. Briefly stated, the prosecution case is that a search of the house of the accused was taken in April, 17, 1974 by the Excise Officer PW. 5 Sajjan Singh in the presence of the Motbirs. On search eleven guuny bags were found containing 220 bottles of liquor. Each gunny bag had 20 bottles in it. In addition to these bottles, three more bottles of liquor were found in his. The...
Bhagirath Singh Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jul-04-1984
Reported in: 1984WLN(UC)316
G.K. Sharma, J.1. Bhagirathsingh who has been convicted of the offence under Section 304A, IPC, by the Munsif & Judicial Magistrate Neem-ka-Thana, and whose conviction and sentence were upheld by the Sessions Judge, Sikar, vide his judgment dated 14th July, 1978, has preferred this revision petition.2. The prosecution case is that on 29th September, 1970, Baagirath was driving a vehicle bearing No. R.J.V 660, and was going towards Neem-ka-thana. One Kaluram was going on the road along with hn bullocks. Narsa and Bhura were also going with Kaluram who also had bullocks with them. On hearing a sound of motor-bus, the bullocks got frightened, and the bus struck Kaluianu causing him injuries, which ultimately resulted in his death. After investigation, the police submitted a challan against the accused-petitioner. The learned Magistrate, Neem-ka-Tbana found him guilty of the offence under Section 304A, IPC, and sentenced him to rigorous imprisonment for six months, and to pay a fine of Rs....
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