Rajasthan Court January 1985 Judgments
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Shri Kishan and ors. Vs. Khem Chand
Court: Rajasthan
Decided on: Jan-25-1985
Reported in: AIR1986Raj184
G.M. Lodha, J.1. This is a civil second appeal of the tenant defendant in a suit for eviction, which was dismissed by the trial Court but decreed by the first appellate Court. The dispute between the parties relates to a residential house in village Roopbas of district Bharatpur, which was earlier not within the purview of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (hereinafter referred to as 'the Act'). During the pendency of this appeal before this Court, it is admitted that the Roopbas village which is relevant for the purpose of this case (as the house in dispute is situated in that village), has now come within the purview of this Act on account of notification dated 2-2-1979.2. The plaintiffs case was that the property was evacuee and was purchased by Girja who sold it to plaintiff Khemchand. Nathi was alleged tenant and after his death his son Kishan, widow Munni and daughter Smt. Kishan became the tenants as legal representatives of Nathi alias Natholi.3. T...
Natha Singh Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jan-25-1985
Reported in: 1985(2)WLN615
Shyam Sunder Byas, J.1. The appeal is directed against the judgment of the learned Additional Sessions Judge (1), Hanumangarh dated February 13, 1981, by which the appellant Mithasingh was convicted under Section 302, IPC, and Section 27 of the Arms Act and was sentenced to imprisonment for life and three years' rigorous imprisonment on the respective counts.2. The prosecution case is short and simple and in succinct it is as follows. Azyabsingh the deceased victim in the case was the son of PW 1 Gulabsingh, Jat Sikh and cousin of PW 2 Sukhdeo Singh. He was living with his parents in village Chandro P.S. Hanumangarh, district Ganga-nagar. The accused is also resident of the same village. Azyabsingh was convicted under Section 307, IPC and was sentenced to five years' rigorous imprisonment for making attempt on the life of the appellant. The appellant, due to this attempt on his life by Azyabsingh, started harbouring ill-will against him. Azayabsingh, went in appeal. The appeal was admi...
Satya Prakash Vs. the State of Rajasthan
Court: Rajasthan
Decided on: Jan-25-1985
Reported in: 1985(1)WLN345
Gopal Krishan Sharma, J.1. This revision petition is directed against the judgment of the Additional Sessions Judge No. 1, Alwar, dated Jan. 19, 1979, by which, he confirmed the conviction and the sentence of the petitioner, passed by the Judicial Magistrate No. 3, Alwar, Under Section 304A, I.P.C. vide his judgment dated 21st July, 1977. The petitioner was sentenced to 10 months' RI and a fine of Rs. 1000/-; and in default of payment of fine, to further undergo 4 months' RI. It was also directed that an amount of Rs. 500/- be also paid to the widow of Sohanlal deceased out of the amount of fine which would be realised.2. The facts of this case are that on 13th August, 1975, a telephonic message was received at Police Station, Alwar, to the effect that dead body of Sohanlal was brought to the hospital, who died due to touching of electric-current. Thereafter, Jagannath, brother of deceased Sohanlal also filed a written report, wherein he stated that deceased Sohanlal was working as a M...
Smt. Kali Vs. Smt. Ganga
Court: Rajasthan
Decided on: Jan-25-1985
Reported in: 1985(1)WLN787
G.M. Lodha, J.1. This is a family feud between two sisters Mst. Kali and Smt. Ganga about a house in which admittedly Smt. Ganga was living.2. Plaintiff Smt. Kali along with others filed this suit for possession of the suit room and for mesne profits alleging that this house belonged to Bhajja and was gifted by his wife Smt. Champa to Smt. Kali. The plaintiffs case was that they were living in this house for 45 years. Smt. Champa executed gift-deed in favour of plaintiff on September 10, 1947 and it was got registered.3. According to the plaintiff, the husband of the 'defendant was ailing and, therefore, the defendant asked the appellant-plaintiffs to give one room, the description of which is given in para 3 for the purpose of living. The husband of the respondent had died in Samvat 2024 but the defendant did not hand over possession back to the plaintiff even on demands. This resulted in registered notice by the plaintiff to defendant.4. The defendant denied that the suit room belong...
Smt. Kamla Vs. Samast Panch Visha Hummad
Court: Rajasthan
Decided on: Jan-25-1985
Reported in: 1985WLN(UC)40
G.M. Lodha, J.1. Mr. Gupta learned counsel for the plaintiff-respondent submits that in view of the facts and circumstances of the case it would be in the in interest of justice if the plaintiff is allowed to amend the plaint for taking the grounds as would now be required under the Rajasthan Premises (Control of Rent and Eviction) Act which has become applicable to the area where the suit property is situated and then proceed with the case afresh in the trial court. This request appears to be reasonable and just and in view of the facts and circumstances it would be in the interest of justice to allow it.2. Consequently it is not necessary to give in detail the facts of the case and the submissions made by Mr. Singhvi and the reply of Mr. Gupta.3. All that is required to be mentioned is that both the learned counsel agree that the appeal should be accepted and the judgment of both the courts below be set aside and the case be remanded to the trial court for fresh decision after permis...
Satya Prakash Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jan-25-1985
Reported in: 2(1986)ACC15
Gopal Krishna Sharma, J.1. This revision petition is directed against the judgment of the Additional Sessions Judge No. 1, Alwar, dated 19th January 79, by which, he confirmed the conviction and the sentence of the petitioner, passed by the Judicial Magistrate No. 3, Alwar, under Section 304A, IPC, vide his judgment dated 21st July, 77. The petitioner was sentenced to 10 months' RI and a fine of Rs. 1,000/-; and in default of payment of fine, to further undergo 4 months' RI. It was also directed that an amount of Rs. 500/- be also paid to the widow of Sohanlal deceased out of the amount of fine which would be realised.2. The facts of this case are that on 13th August 75, a telephonic message was received at Police Station -- Alwar, to the effect that deadbody of Sohanlal was brought to the hospital, who died due to touching of electric-current. Thereafter, Jagannath, brother of deceased Sohanlal also filed a written report, wherein he stated that deceased Sohanlal was working as a Maso...
Commissioner of Wealth-tax Vs. Rani Sajjan Kumari
Court: Rajasthan
Decided on: Jan-24-1985
Reported in: (1985)48CTR(Raj)331; [1985]155ITR438(Raj)
Kasliwal, J. 1. Learned members of the Appellate Tribunal have referred the following questions of law for the opinion of this court: '1. Whether the Tribunal is right in interpreting Section 19 of the Wealth-tax Act, 1957, to the effect that no penalty under Section 18 could be imposed on a legal representative on whom assessment is made under Section 19 ?. If the answer to the above is in the affirmative, whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that no penalty was leviable on Smt. Sajjan Kumari, the legal representative of the deceased, Shri Bhanu Pratap Singh, in terms of Section 18(1)(a) of the Wealth-tax Act, 1957, for late filing of the return in respect of the valuation date of March 31, 1966 2. Whether the Tribunal was justified in holding that the law governing the imposition of penalty for default in late filing of the return would be the one obtaining on the date of satisfaction of the Income-tax Officer andthe date of a...
Kana Ram Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Jan-24-1985
Reported in: 1985(1)WLN516
S.K. Mal Lodha, J.1. Against the order dated December 19, 1977, the appellant, who was petitioner before the learned Single Judge, has filed this appeal under Section 18 of the Rajasthan High Court Ordinance, 1949. The learned Single Judge has dismissed the petitioner appellant's writ petition under Article 226 of the Constitution.2. The material facts necessary for the disposal of this appeal are these: The petitioner was appointed as a Nakedar on January 22, 1948. His services were ordered to be transferred to the Irrigation Department, where he continued to serve for sometime. He resigned from his post on March 3, 1958. He again applied for appointment and on December 26, 1958, he was appointed as a Patwari in the Revenue Department of the State. The petitioner appellant requested the State Govt. to condone the interruption in the service from March 4, 1958 to December 25, 1958 under Rule 212 of the Rajasthan Service Rules (which will here in after referred to as 'the Rules'). The S...
State of Rajasthan Vs. the Maharaja Shree Umaid Mills Ltd.
Court: Rajasthan
Decided on: Jan-24-1985
Reported in: 1985(1)WLN745
Guman Mal Lodha, J.1. This appeal has been filed by the State of Rajasthan, the appellant-defendant, against the judgment and decree-dated 11th April, 1972 passed by the Additional District Judge No. 2, Jodhpur, decreeing the suit of the plaintiff-respondent for a sum of Rs. 5,78,817.13p.2. Before I proceed to consider the respective contentions of the learned Counsel for the parties in appeal, it would be useful to mention, in brief, the facts.3. The plaintiff-respondent filed the suit under appeal on May 18, 1955 against the appellant as well as the Union of India and the Income tax Officer, Jodhpur. The His highness Maharaja of erstwhile State of Jodhpur invited applications from the financiers for the purpose of industrial development of the Jodhpur State and in pursuance of that, the plaintiff-respondent submitted an offer for establishing a Mill under the State sponsorship and patronage. The said offer was accepted by the erstwhile Government of Jodhpur State and eventually on 17...
Madniya Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jan-24-1985
Reported in: 1985WLN(UC)641
Vinod Shanker Dave, J.1. This revision petition is directed against the judgment and order, dated January 15, 1985 passed by Sessions Judge, Tonk in criminal affidavit No. 25/83 where by he dismissed the appeal filed by the accused-petitioner against the judgment and order of Munsif and Judicial Magistrate, Malpura, dated April 26, 1983 in a case under Section 16/54 of the Rajasthan Excise Act by which he convicted the accused-petitioner for the said offence for a period of six month's rigorous imprisonment and a fine of Rs. 200/- and in default of fine to further undergo for 15 day's rigorous imprisonment.2. The case started on a complaint filed in the court of Judicial Magistrate, Malpura by Bane Singh wherein he alleged that on a source information he went to Diggi where near Kali Pahadi he found the accused-petitioner sitting in a deep pit and extracting liquor. He had put in fire the still (Bhatti) and there he was found the working still in the shape of tin of plastic, pipe & a p...
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