Rajasthan Court January 1985 Judgments
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Kamlesh Kumar and ors. and Vs. Prahlad and anr.
Court: Rajasthan
Decided on: Jan-08-1985
Reported in: 1(1985)ACC439
S.S. Byas, J.1. Since these two appeals under Section 110-D of the Motor Vehicles Act, 1939 are directed against one and the same award of the Claims Tribunal, Udaipur dated January 21, 1978, they were heard together and are decided by a single judgment. By the award aforesaid, the Tribunal dismissed the claims of the appellants. One of the appeals has been filed by the injured while the other has been filed by the legal representatives of the deceased-victim.2. Recapitulated briefly, the relevant facts giving rise to these appeals are that the appellant Govindsingh and his brother-in-law (sister's husband) Purshottam Lal were going on a scooter from Udaipur to Nathdwara on June 15, 1975. Govindsingh was driving the scooter while Purshottam Lal was sitting on the pillion. When the scooter reached near Mazera bus stand where there is a sharp steep curve, the R.S.R.T.C. bus R.S.M. 7465 came with a traffic speed from the opposite direction. Seeing the bus, Govindsingh took the scooter in ...
Gram Panchayat Baral Ii, Tehsil Beawar Vs. State of Rajasthan and Two ...
Court: Rajasthan
Decided on: Jan-07-1985
Reported in: AIR1986Raj70
ORDERGuman Mal Lodha, J. 1. Gram Panchayat Baral II, the petitioner, has filed this writ petition challenging the constitution of Bijainagar Municipality by a notification published on 17th May, 1973 under Section 6 of the Rajasthan Municipalities Act, 1959 (for brevity. Municipalities Act), whereby lands forming 550 Khasra Nos. bearing Nos. 637 to 1186 were sought to be excluded from the limits of Panchayat Baral, and included in the limits of proposed Municipal Board Bijainagar. 2. The principal ground of challenge is that in addition to the above, the above Khasra numbers also included 192 bighas of land covered by khasra Nos. 735, 758, 785, 870, 885 and 999, which were entered in the Revenue record as Charagah of village Baral. 3. It would be pertinent to notice in this respect that the petitioner in-para 8 of the writ petition submitted as under ; '(8) that the State of Rajasthan at the instance and on the suggestion of certain inhabitants of the Town of Bijainagar thought it nece...
M.K. JaIn Vs. Rajasthan Financial Corporation
Court: Rajasthan
Decided on: Jan-07-1985
Reported in: 1985(1)WLN539
ORDERThe following Asstt. Managers who were promoted on ad hoc officiating basis on the post of Dy. Manager are hereby reverted to the post of A.M. with immediate effect. They would however, continue to work as A.M. at their existing place of duties till further orders.S.No. Name Present place of posting 1. Shri M.K. Jain Jodhpur I-Branch 2. ' K.S. Singhal Bhiwadi Branch 3. ' R.K. Pokharna Regional Office, Bikaner By order of M.D. Sd/- (S.N. Thanvi) General Manager (A).There is no stigma what so ever cast on the petitioner in the above order of reversion. The motive for issuing order of reversion is immaterial. Though the petitioner has made an allegation that the order of reversion of the petitioner has been made merely on account of the inquiry pending against him but there is neither any material nor any justification for taking such a view. The Corporation has taken a clear stand that the reversion has been made on account of the work of the petitioner having not been improved even...
Gram Panchayat Baral-ii Vs. State of Rajasthan and Two ors.
Court: Rajasthan
Decided on: Jan-07-1985
Reported in: 1985(1)WLN335
Guman Mal Lodha, J.1. Gram Panchayat Baral-II, the petitioner, has filed this writ petition challenging the constitution of Bijainagar Municipality by a notification published on 17th May, 1973 under Section 6 of the Rajasthan Municipalities Act, 1959 (for brevity, Municipalities Act), whereby lands forming 550 Khasra Nos. bearing Nos. 637 to 1186 were sought to be excluded from the limits of proposed Municipal Board Bijainagar.2. The principal ground of challenge is that in addition to the above, the above Khasra numbers also included 192 Bighas of land covered by khasra nos. 735, 758, 785, 870, 885 and 999, which was entered in the Revenue record as charagah of village Baral.3. It would be pertinent to notice in this respect that the petitioner in para 8 of the writ petition submitted as under:(5) that the State of Rajasthan at the instance and on the suggestion of certain inhabitants of the Town of Bijainagar thought it necessary to re-convert the then existing Panchayat at Bijainag...
Maharaja Gaj Singh Vs. State of Rajasthan and anr.
Court: Rajasthan
Decided on: Jan-04-1985
Reported in: 1985(1)WLN656
Dwarka Prasad Gupta, J.1. These three appeals have been filed against the judgment passed by a learned Single Judge of this Court on 30-9-1978 disposing of 4 writ petition filed by the appellant, Maharaja Gaj Singh of Jodhpur. As common questions of law have been raised in these three appeals, it would be proper to dispose them of by a common order.2. The undisputed facts are that the father of the appellant was the erstwhile Ruler of former State of Jodhpur. In the year 1949 the then Jodhpur State integrated with other princely States to form the United State of Rajasthan. At the time of merger of the former State of Jodhpur with the other States, a covenant was entered into by the father of the appellant as the Ruler of the covenating State and the Union of India, wherein amongst other things it was provided that the ex-Ruler shall be entitled to full ownership, use and enjoyment of all private properties belonging to him at the time of making over of the administration of the State ...
Modiya Vs. the State of Rajasthan
Court: Rajasthan
Decided on: Jan-04-1985
Reported in: 1985WLN(UC)11
S.K. Mal Lodha, J.1. Accused-appellant Modiya has filed this appeal against conviction and sentence passed by the learned Additional Sessions Judge, Sirohi vide Judgment dated May 8, 1978. The learned Additional Sessions Judge has convicted him under Section 302 IPC and sentenced him to rigorous imprisonment for life and a fine of Rs. 200/ in default of payment of fine to further undergo four months rigorous' imprisonment.2. The prosecution story is that on July 20, 1977, deceased Mota and PW 1 Dharma were going to their village with buffalo and she-buffalo. They reached village Korta at about 1 PM and stayed under a tree outside the hotel belonging to PM 2 Kapoora, for rest. The appellant Modiya is the resident of that village. He came there with a 'genthi' and told the deceased Mota that he has disreputed him. While saying so the accused appellant inflicted two 'genthi' blows on the back and hands of Mota and also inflicted blows on the neck. As a result of that Mota fell down on the...
Roop Singh Vs. Chhoga Lal and anr.
Court: Rajasthan
Decided on: Jan-04-1985
Reported in: 1985WLN(UC)161
S.S. Byas, J.1. This civil second appeal in a money suit has been filed by one of the two defendants. The suit was decreed by the Additional Civil Judge, Balotra against defendant respondent Dalpatsingh and was dismissed as against the appellant, but in appeal it was decreed also against the appellant by the learned Additional District Judge, Jalore, vide his judgment dated January 9, 1973. The appeal arises in the following circumstances.2. Plaintiff Chhogalal instituted a suit for the recovery of a sum of Rs. 7000/- against defendants Dalpat Singh and Roop Singh in the Court of Civil Judge, Jalore. The case set-up by him is that on April 18, 1962 defendant Dalpat Singh purchased bus No. RJN 294 from him for a sum of Rs. 11,000/-. A sum of Rs. 1000/- was given to him at the time of transaction through a bank cheque issued by defendant Roopsingh. The balance of Rs. 10,000/- was to be paid in two instalments each of Rs. 5000/-. Defendant Roopsingh, who is the grandfather-in-law of defen...
Moti Trust Vs. Commissioner of Income-tax
Court: Rajasthan
Decided on: Jan-03-1985
Reported in: (1985)46CTR(Raj)264; [1987]165ITR367(Raj); 1985(1)WLN349
N.M. Kasliwal, J.1. Both the above reference applications are disposed of by one single order as common questions of law arise in both the cases except that the assessment years are different.2. The Income-tax Appellate Tribunal, Jaipur Bench, Jaipur (hereinafter referred to as 'the Tribunal'), by order dated August 5,1981, has referred the following questions of law for the opinion of this court :'(1) Whether, on the facts and in the circumstances of the case, the learned Tribunal was right in holding that the Commissioner of Income-tax was justified in passing the order under Section 263 ? (2) Whether, on the facts and in the circumstances of the case, the Tribunal was justified in upholding the findings of the Commissioner of Income-tax that the trust was a discretionary trust ? (3) Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the shares of beneficiaries were indeterminate or unknown and, as such, the provisions of Section 16...
Sukh Pal Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Jan-03-1985
Reported in: 1985(2)WLN603
Narendra Mohan Kasltwal, J.1. This appeal is directed against the judgment of the learned Sessions Judge, Bharatpur dated February 29, 1980, whereby appellant Sukhpal has been convicted under Sections 394 and 302 IPC and sentenced to imprisonment for life in both the offences. The sentences have been ordered to run concurrently.2. Brief facts of the prosecution case are that a dacoity took place in the house of Chhitsria (PW 3) and Goverdhan (PW 4), residents of Rudawal district Bharatpur in the intervening night of 15th and 16th June, 1977. When the dacoits were escaping along with the looted goods, they were challenged by Arjun (deceased). When dacoits were passing in front of the house Gir Raj (PW 1), Ram Charan (PW 2) and deceased Arjun, the dacoits fired gun-shots, as a result of which Arjun succumbed to the injuries on the spot and Ramcharan (PW 2), Munni daughter of Gir Raj were injured. Munni succumbed to the injuries aftar 5-6 days of the incident. Ram Charan (PW 2) lodged a F...
Gurudeo Singh Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Jan-03-1985
Reported in: 1985WLN(UC)198
Dwarka Prasad Gupta, J.1. The facts which have given rise to this appeal lie in a very narrow compass. The appellant's land bearing square No. 66/29 was in the first instance included in chak No. 5 PPA. On December 4, 1970 the appellant submitted an application to the Divisional Irrigation Officer, namely, the Executive Engineer Irrigation, South Gang Canal, Sriganganagar, praying that the appellant's land be transferred from Chak No. 5 PPA to Chak No. 4 PP, as the land was situated at a higher level and it was not possible to irrigate the entire land because it lay at the tail end of Chak No. 5 PPA. The Executive Engineer, Irrigation made a recommendation to the Superintending Engineer for transfer of the land of appellant from Chak No. 5 PPA to Chak No. 4 PP & the Superintending Engineer, accepting the recomendation made by the Executive Engineer, passed an order on February 4, 1971 directing the transfer of the appellant's land to Chak 4PP. A revision petition was filed before the A...
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