Rajasthan Court August 1984 Judgments
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Jalam Chand Vs. State
Court: Rajasthan
Decided on: Aug-25-1984
Reported in: 1984WLN(UC)398
Kanta Bhatnagar, J.1. Admit. Issue notice. Mr. Udawat learned Public Prosecutor accepts notice on behalf of State of Rajasthan.2. At the request of the learned Counsel for the parties application was finally heard today. The facts of the case need not be narrated in detail as the same find place in the impugned order dated August 9, 1984 passed by the learned Addl, Sessions Judge, Udaipur. The impugned order dated 8-8 1984 was passed on an application filed by the complainant with the request that cognizance against Jalam Chand may also be taken because during the course of investigation by the police there was material against him Before framing the charge against the persons who had been committed to the court of Sessions to stand their trial for an offence u/s 307 read with Sections 149 and 148 IPC the learned Sessions Judge decided the application referred to above. The learned Judge was of the opinion but mere was material to proceed against Jalam Chand, Balveersmgh. Gurcharan Sng...
Suraj NaraIn and anr. and New India Assurance Company and anr. Vs. Kum ...
Court: Rajasthan
Decided on: Aug-24-1984
Reported in: [1987]62CompCas486(Raj)
Guman Mal Lodha, J.1. These two appeals have been filed against the award of the Accidents Claims Tribunal, Jaipur, in Accident Claims Case No. 11 of 1977. The accident took place on September 16, 1972. Kumari Sneh Lata was travelling in bus No. RRL 8548 and was coming to Jaipur from Veer Hanuman Samod village. Bus No. RRL 8548 was being driven by Surajnarain, driver. In the south of Chemu village at a distance of one mile, another bus No. RRL 3804 which was being driven by Tarachand, driver, collided with bus No. RRL 8548. Bus No. RRL 8548 after the accident struck a telephone pole. Kumari Sneh Lata who was travelling in bus No. 8548 was injured and her right hand was completely cut and she fell down on the ground.2. A claim for Rs. 1,31,000 was made by Sneh Lata. Bus No RRL 8548 and No. RRL 3804, both are insured with M/s. Anand Insurance Co., Jaipur, a unit of M/s. New India Insurance Co. separately.3. The Tribunal, after recording of the evidence, came to the conclusion that Sneh L...
Achal Singh and anr. Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Aug-24-1984
Reported in: 1984WLN658
M.C. Jain, J.1. In these two Civil Misc. Appeals the Office has raised an objection that the appellant head opt affixed the court fees Under Section 46 of the Rajasthan Court Fees and Suit Valuation Act, 1961 (for short 'the Act' here in after). The appeals have been presented on a court fee stamps of Rs. 10/- only whereas Under Section 46 of the Act fee is required to be paid on the difference between the amount awarded and the amount claimed by the appellant.2. Mr. S.L. Jain, learned Counsel for the appellants submitted that on a reference made to the Civil Judge, Pali, by the Collector, Pali, the Civil Judge has awarded compensation to the tune of Rs. 200/- per bigha agreeing with the Land Acquisition Officer and has stated that the claimants are not entitled to compensation at the rate of Rs. 3,000/- per bigha. Similarly in respect of the claims on other heads the Civil Judge found that the claimants are not entitled to the amount claimed and whatever amount has been awarded by the...
Suraj NaraIn and anr. Vs. Sneh Lata JaIn and ors.
Court: Rajasthan
Decided on: Aug-24-1984
Reported in: 1(1986)ACC254
G.M. Lodha, J.1. These two appeals have been filed against the award of the Accidents Claims Tribunal. Jaipur in accident claim case No. 11 of 1977. The accident took place on 16th September, 1972. Miss Sneh Lata was travelling in bus No. RRL 8548 and was coming to Jaipur from Veer Hanuman Samod village. The bus No. RRL 8548 was being driven by Suraj Narain driver. In the south of Chemu village at a distance of 1 mile, another bus No. RRL 3804 which was being driven by Tara Chand driver, collided with the bus No. RRL 8548. The bus No. RRL 8548 after the accident struck a telephone pole. Sneh Lata who was travelling in bus No, 8548 was injured and her right hand was completely cut and she fell down on the ground.2. A claim of Rs. Rs. 1,31,000/- was made by Sneh Lata. Bus Nos. RRL 8548 and RRL 3804, both, are insured with M/s. Anand Insurance Co. Jaipur, a unit of M/s. New India Assurance Co. separately.3. The Tribunal after recording the evidence, came to the conclusion that Sneh Lata's...
Smt. Krishna Devi Vs. Raj Kumar and anr.
Court: Rajasthan
Decided on: Aug-23-1984
Reported in: AIR1986Raj72
S.K. Mal Lodha, J. 1. This appeal under Section % of the C.P.C. 1908 has been filed against the judgment and decree dt. March 2, 1984 of the District Judge, Bikaner by the defendant 1 --appellant Smt. Krishna Devi. . 2. Plaintiff-respondent 1 instituted a suitagainst the defendant 1 Smt. Krishna Devi and defendant-respondent 2 Bank of Baroda, Branch, near Railway Station, Bikaner praying that a sum of Rs. 71,000/- deposited in Fixed Deposit Receipts with the Bank of Baroda be got realised by him though the Fixed Deposit Receipts stood in the names of the plaintiff, his son Pawan Kumar(deceased) and defendant 1 Smt. Krishna Devi (widow of Pawan Kumar). It was averred by the plaintiff that defendant 1 had no title and interest in the amounts of the Fixed Deposit Receipts and hence she is not entitled to get the amount of Rs. 71,000/- and interest thereon amounting to Rs. 2,000/- and also subsequent interest. Summons was issued to defendant 1 in the prescribed form under Order V, Rules 1 ...
Ram Pal and anr. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Aug-23-1984
Reported in: 1984WLN(UC)508
N.M. Kasliwal, J.1. This appeal by accused Ram Pal and Madan Lal is directed against the judgment of learned Additional Sessions Judge No. 1, Baran, dated 27th January, 1981, convicting and sentencing them in the following manner :- (a) under Section 148 : Two years rigorous imprisonment (b) under Section 302 read with 149 : Life imprisonment (c) under Section 326 : Ten years rigorous imprisonment read with Section 149 and a fine of Rs. 200/- In default of payment of fine, to further undergo rigorous imprison- ment for two months2. It would not be necessary to mention detailed facts of the case as the learned Counsel for accused appellants has not challenged the incident and the participation of the accused appellants in the crime. The only contention raised on behalf of the accused appellants was that the police had registered a case against the accused persons on the basis of first information report lodged by Laxmi Narain Dhakar on 13-3-1970. The police filed a challan against the ...
Additional Commissioner of Income-tax Vs. Farasol Ltd.
Court: Rajasthan
Decided on: Aug-22-1984
Reported in: [1987]163ITR364(Raj)
1. This reference has been made under Section 256(1) of the Income-tax Act, 1961 ('the Act'), by the Tribunal, Jaipur Bench, Jaipur.2. Farasol Ltd. ('the assessee') is a foreign company having its management and control outside India. By order of the Central Board of Direct Taxes dated December 5, 1964, the assessee has been treated as a company for the purpose of the Act. The assessee submitted a tender for shallow drilling in Jaisalmer area to the Oil and Natural Gas Commission. The formal intimation of the acceptance of the said tender was given to the assessee by the Oil and Natural Gas Commission on October 11, 1963. The formal contract was executed on February 17, 1964, and the actual drilling operations were started in the, month of December, 1964. As a special case, the assessee was permitted by the Company Law Board to prepare its accounts for the period of 15 months covering the period from September 10, 1964, to December 31, 1965. The assessee submitted its return for the af...
Addl. Commissioner of Income Tax Vs. Farasol Limited.
Court: Rajasthan
Decided on: Aug-22-1984
Reported in: (1985)49CTR(Raj)339
By the court - This reference has been made under s. 256(1) of the IT Act, 1961 (the Act) by the Tribunal, Jaipur Bench, Jaipur.2. Farasol Ltd. (the assessee) is a foreign company having its management and control outside India. By order of the CBDT dt. 5-12-1964, the assessee has been treated as a company for the purpose of the Act. The assessee submitted tender for shallow drilling in Jaisalmer area to the Oil & Natural Gas Commission (ONGC). The formal intimation of the acceptance of the said tender was given to the assessee by the ONGC on 11-10-1963. The formal contract was executed on 17-2-1964 and the actual drilling operations were started in the month of December, 1964. As a special case, the assessee was permitted by the Company Law Board to prepare its accounts for the period of 15 month covering the period from 10-9-1964 to 31-12-1964. The assessee submitted its return yr. 1966-67 wherein it declared a net loss of Rs. 5,84,746. In the said return, the assessee claimed deduct...
Ram Singh Vs. Ram Singh and anr.
Court: Rajasthan
Decided on: Aug-21-1984
Reported in: AIR1985Raj148; 1984()WLN572
ORDERS.K. Mal Lodha, J. 1. This revision petition under Section 115 of the Civil P. C is directed against the Judgment and decree dt. May 31, 1983 of the District Judge, Jodhpur passed in Civil Original Suit No. 231 of 1981.2. A contract for construction of lower Kodra Dam at Mt. Abu, District Sirohi was granted to the petitioner. Agreement No. 217/70-71 was entered into between the parties. A dispute arose in respect of measurements, rates, items etc. and the matter was referred to the sole arbitration of non-petitioner No. 1 (Ram Singh) vide letter dt Nov. 7, 1979 of non-petitioner No. 2 (State of Rajasthan through the Chief Engineer, P. H. E D., Jaipur). The reference was madeto the sole arbitration in accordance with Clause 23 of the aforesaid agreement The Arbitrator gave the award on Nov. 7, 1981 at Jodhpur in the presence of both the parties and it was signed The material portion of the award with which I am concerned in this revision petition is as under :'(4) Petitioner is not...
The State of Rajasthan Vs. Birla Jute and Industries Ltd. and ors.
Court: Rajasthan
Decided on: Aug-21-1984
Reported in: 1984WLN(UC)233
1. Both these special appeals arc disposed of by this single order as the same are directed against the same order passed by the learned Stogie judge on January 16, 1984.2. A writ petition under Article 226 of the Constitution of India was filed by M/s Birla Jute & Industries Ltd. Chittorgarh (1), which was allowed by the learned Singh Judge with the following operative order:For all these reasons, I have no hesitation in holding that the action of the State Government in giving assurance so respondent 4 of guaranted supply on confining basis of 8 MW of power at 60% load factor for a period of six months in the first instance, vide letter dated December 20, 1982, and extend later for a further period of six months, is illegal and void. The impugned action is therefore annulled. The writ petition is allowed to that extent but dismissed as respects the other relief. The parties are left to bear their own casts.3. Aggrieved against the aforesaid order one appeal No. 33/1984 his been filed...
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