Rajasthan Court November 1985 Judgments
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Vijai Kumar Vs. State of Rajasthan
Court: Rajasthan
Decided on: Nov-20-1985
Reported in: 1986(1)WLN123
Shyam Sunder Byas, J.1. Accused Vijay Kumar was convicted under Section 302, IPC and sentenced to imprisonment for life by the learned Sessions, Judge, Churu by his judgment dated August 29, 1980 He has come-up in appeal to challenge his conviction. It. is a case of grim and pathetic tragedy where an innocent teen-age wife was burnt to death by her hot-headed husband.2. Briefly stated, the prosecution case is that Smt. Manju D/o PW 1 Kundan Mal Sunar of Sardarsahar was married with the accused only 8/9 months before the incident (November 8, 1979). After the marriage, she came twice to her husband's house at Sujangarh and lived with him for a few days. While she was living with her parents at Sardarsahar, the accused went there on Deepawali day of the year 1979 to bring her to his house. Kundanmal(PW 1) told the accused that since it was the day of Deepawali festival he should stay for a day or two and that he would send Smt. Manju with him thereafter. The accused got irked and did not...
State of Rajasthan Vs. Attu Alias Attar Chand and ors.
Court: Rajasthan
Decided on: Nov-20-1985
Reported in: 1985WLN(UC)494
Milap Chand Jain, J.1. This is an appeal by the State against the judgment of acquittal dated November 30, 1974 recorded by the learned Sessions Judge, Alwar whereby the respondents were acquitted of the offence under Section 302/34, IPC.2. The occurrence in this case is said to have taken place on 6-6-1974 at about 6-30 p.m. when the deceased Sidduram was returning from the fair of Lal Das which was held in the village Bagoli. It is alleged that the deceased Siddhu Ram along with his real brother-in-law (gainer and loser) Shri Simla Ram (PW 1) and two brothers of the deceased; namely PW 2 Bagghi Lal and PW 3 Khamisa Ram were returning from the fair. When they were at a distance of 3 furlongs from the place of fair, it is alleged that Siddhu Ram was attacked by the four accused persons. Siddhu Ram was some steps behind the aforesaid three persons. According to the prosecution all the four accused persons inflicted blows on the deceased. The accused Attu was armed with farsi and the res...
Commissioner of Income-tax Vs. Pratapsingh and ors.
Court: Rajasthan
Decided on: Nov-19-1985
Reported in: (1986)57CTR(Raj)291; [1987]164ITR431(Raj)
M.C. Jain, J. 1. The following question of law has been referred to this court for its opinion by the Income-tax Appellate Tribunal, Jaipur Bench, by its decision dated January 28, 1975 :'Whether, on the facts and in the circumstances of the case, the Tribunal was right in refusing to entertain the plea of the Department that the income from the lease rent of the cinema building was assessable under the head 'Income from other sources' instead of under the head 'Income from house property' on the grounds : (a) that the Income-tax Officer had not taken this plea at any stage in the past, (b) that if accepted, the direction of the Tribunal might result in enhancement of income ?' 2. We may state a few relevant facts giving rise to the present reference.3. The assessee is an 'association of persons' comprising the following four members:1. Shri Pratap Singh, 2. Shri Rajendra Singh, 3. Shri Amrao Singh, and 4. Shri Deepak Kumar. 4. Till August 31, 1968, the assessee was carrying on a busi...
Vijay Singh and ors. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Nov-19-1985
Reported in: 1985(2)WLN670
Shyam Sunder Byas, J.1. By his judgment dated May 30,1980 the learned Sessions Judge, Pali convicted and sentenced the appellants as under:S. No. Name of accused Offence Sentence awarded(1) Vijay Singh 302 IPC Imprisonment for life with a fine of Rs. 500/-, in default of the payment of fine to further undergo six months rigorous imprisonment 307 IPC Seven years rigorous impr- isonment with a fine of Rs. 250/-, in de- fault of the payment of fine to further undergo two months like imprisonment 324 IPC Three months rigorous imprisonment with a fine of Rs. 100/-, in default of the payment of fine to further undergo seven days like imprisonment(2) Chandradev 323 IPC Released on two years probation of good conduct.2. Briefly stated, the prosecution case is that at about 9.00 p.m. on August 30, 1977, PW 11 Sohan Lal informed the Station House Officer. Police Station, Pali that some quarrel had taken place a few minutes earlier at Surajpole, two persons involved in it have intruded in the b...
Allah Noor and anr. Vs. State Transport Appellate Tribunal and ors.
Court: Rajasthan
Decided on: Nov-19-1985
Reported in: 1986(1)WLN176
Mahendra Bhushan Sharma, J.1. The four above numbered special appeals though have been filed against separate orders of the learned Single Judge passed in four S.B. Civil Writ petitions, but because they relate to the transfer of stage carriage Permit and/or replacement of a vehicle covered by the same and S.B. Civil Writ petition No. 365/1985 referred for decision by the learned Single Judge also relates to the same controversy all cases are being disposed of by a common judgment.2. Alladin and Allahnoor are real brothers. An application under Section 46 of the Motor Vehicles Act, 1939 (for short 'the Act') in the prescribed from was filed on September 23, 1961 in the joint names of Alladin and Allahnoor on Kishangarh-Nasirabad route in Jaipur region. The application was signed only by Allahnoor, one of the two brothers. After following the procedure laid down for the grant of non-temporary stage carriage permit, the RTA Jaipur (for short, RTA) granted a permit No. 2445 for Kishangarh...
Bhanwar Lal Vs. State of Rajasthan
Court: Rajasthan
Decided on: Nov-19-1985
Reported in: 1985WLN(UC)567
Shyam Sunder Byas, J.1. This revision is directed against the order of the Chief Judicial Magistrate, Barmer, dated 23-3-1979, by which he framed a charge under Section 7/16 of the Prevention of Food Adulteration Act, 1954 against the accused.2. The relevant facts are that the Food Inspector visited the shop of the accused in village Kalyanpur and found Taramira oil in a tin there. Suspecting the oil to be adulterated, he took the sample and prepared the Memo Ex. P. 3. In the memo the signatures of the accused were taken. Above the signatures the accused wrote that the Taramira oil was not meant for human consumption but was meant for cattle consumption. Mr. Singhvi, learned counsel for the accused further submitted that the accused has also mentioned in Ex. P. 3 that the oil was 'Tel Jamba' and as such no offence was committed by the accused.3. Now whether the oil seeds is not meant for human consumption or that it was meant for cattle consumption or that it was not Taramira oil and t...
Labh Singh Vs. State of Rajasthan
Court: Rajasthan
Decided on: Nov-19-1985
Reported in: 1985WLN(UC)421
Shyam Sunder Byas, J. 1. Accused Labh Singh was convicted under Section 25(a) of the Arms Act, 1959 and was sentenced to six month's rigorous imprisonment with a fine of Rs. 500/- by the learned Chief Judicial Magistrate, Barmer by his judgment dated April 19,1978. The accused went in appeal which was heard and decided on 1-6-1979 by the Sessions judge, Balotra. His appeal was dismissed and his conviction and sentence were maintained. The accused has come up in revision.2. In view of the concurrent findings of both the courts below Mr. Singhi, learned counsel for the accused did not challenge his conviction. The only submission made by him is that no previous conviction stands to the discredit of the accused. Only 25 cartridges were found in his possession which could not be used without a firearm. Looking the manner in which the offence was found as proved, the sentence imposed on the accused is uncalled for. He, therefore, submits that the accused should be released on probation of g...
Jodha Ram Vs. State of Rajasthan
Court: Rajasthan
Decided on: Nov-19-1985
Reported in: 1985WLN(UC)398
Shyam Sunder Byas, J.1. Accused Jodha Ram was convicted under and was sentenced to two months rigorous imprisonment and a fine of Rs. 200/-. In default of payment of fine to further undergo 15 days like imprisonment by learned Munsif & Judicial Magistrate, Balotra, by his judgment dated May 2, 1978. The accused went in appeal which was heard and decided by the learned Sessions Judge, Balotra. The appeal was dismissed and his conviction and sentence was maintained. The accused has come up in revision.2. I have heard Mr. B.L. Maheshwari, learned counsel appearing for the accused and Mr. B.C. Bhansali, learned Public Prosecutor for the State.3. In view of the concurrent findings of the two courts below Mr. Maheshwari, learned counsel for the accused did not challenge the conviction under Section 9 of the Opium Act. The only submission made by him was that the offence was committed long back in 1976. The accused has already remained in custody for 11 days. It was further submitted that onl...
Kana Vs. State of Rajasthan
Court: Rajasthan
Decided on: Nov-19-1985
Reported in: 1985WLN(UC)427
Shyam Sunder Byas, J.1. Accused Kana was convicted under and was sentenced to six months rigorous imprisonment with a fine of Rs. 1,000/- by the learned Chief Judicial Magistrate, Barmer, vide his judgment dated July 28, 1978. The accused went in appeal which was heard and decided by the learned Sessions Judge, Balotra, by this judgment dated May, 11 1979. His appeal was partly allowed. His conviction under Section 9 of the Opium Act was maintained but the sentence of imprisonment was reduced to three months and the sentence of fine was reduced to Rs. 200/-. The accused has now come up in revision.2. In view of the concurrent findings of the courts below Mr. J.R. Choudhary, learned counsel for the accused did not challenge the conviction. The only submission made by him is that the sentences awarded are heavy and excessive. The accused was found in possession of only 150 Gms. of contraband opium. He has already undergone 17 days in jail. The accused is more then 50 years in age. It was...
Utma Ram Vs. State of Rajasthan
Court: Rajasthan
Decided on: Nov-19-1985
Reported in: 1985WLN(UC)564
Shyam Sunder Byas, J.1. Accused Utmaram was convicted under Section 4(l)(e) and Section 4(2) of the Rajasthan Prohibition Act, 1969, by the learned Additional Munsif and Judicial Magistrate. Banner by his judgment dated September 26, 1978. He was sentenced to one year's simple imprisonment with a fine of Rs. 200/- under Section 4(2) of the aforesaid Act. The accused challenged his conviction by way of appeal. The learned Sessions Judge, Balotra, by his judgment dated May 9, 1979, partly allowed his appeal and his conviction under Section 4(1)(e) of the Rajasthan Prohibition Act was set aside. However, his conviction under Section 4(2) of the Act was maintained but the sentence of imprisonment was reduced from one year to that of six months. The amount of fine was maintained.2. In view of the concurrent findings of the courts below. Mr. Kumbhat, learned counsel appearing for the accused did not challenge his conviction. The only submission made by him is that the Rajasthan Prohibition A...
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