Rajasthan Court November 1985 Judgments
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Manohar Lal Vs. Vijai Lal
Court: Rajasthan
Decided on: Nov-07-1985
Reported in: 1986(1)WLN672
Surendra Nath Bhargava, J.1. Heard Shri J. K. Singhi, learned for the petitioner who has been appointed under the Legal Aid Scheme. The petitioner Manoharlal submitted a detailed representation running into seven pages along with several documents which were treated as writ petition; affixation of court fees etc. was dispensed with and a show cause notice was issued to the Director General of Police as to why the investigation should not be got done by the Central Bureau of Investigation. The State of Rajasthan has filed the reply to the show cause notice along with certain documents including the final report submitted by the police on 31-8-83.2. The petitioner's daughter Smt. Madhu Bala died on 2-10-82. On 1st October. 1982, Vijay Lal informed the petitioner telegraphically that Smt. Madhu Bala's condition was serious and when the petitioner reached Ajmer, he was told by accused Durgalal and Suraj that Smt. Madhu Bala has been burnt and she been admitted in the Hospital. Thereafter, ...
State Vs. Mool Chand
Court: Rajasthan
Decided on: Nov-07-1985
Reported in: 1985WLN(UC)560
1. Heard learned Public Prosecutor. This is an appeal for the State for enhancement of the sentencement of the respondent Moolchand, who has been convicted under Section 3/7 of the Essential Commodities Act and was sentenced to pay a fine of Rs. 50/- and in default to undergo 15 days simple imprisonment by the Chief Judicial Magistrate, Jalore vide his judgment dated 22-5-1974. He was found guilty of contravention of the Rajasthan Exhibition of Essential Commodities Price and Stock Order, 1966.2. The offence dates back to 29-12-1973. About 12 years has expired, stock of some goods and their price were not exhibited on the board. After lapse of twelve years it would not be just and proper to enhance the sentence awarded to the respondent Mool Chand.3. The appeal for enhancement of the sentence fails, and, therefore, it is dismissed....
Ahamed Ali Khan and anr. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Nov-06-1985
Reported in: 1989WLN(UC)534
J.R. Chopra, J.1. The appellants Ahamed Ali Khan and Rahamat Ali have been convicted of the offence under Section 302/34, IPC and have been sentenced to imprisonment for life by the Additional Sessions Judge, Churu by his judgment dated December 23, 1974.2. The prosecution case in brief is that Sadulekhan PW 8 and Mukkarab Khan are the real brothers, the deceased Nathu Khan was the son of Sadulekhand, accused Ahmed Ali and Nizam Ali are the son of Mukarab Khan. There was some dispute between Mukarab Khan on the one side and Rahamat Ali and Ahamed Ali on the other side in connection with passage of water through the water course. In that connection permission was obtained by Mahaboob Khan and he had put up a Nali which was removed by the accused persons. In that matter deceased Nathu Khan had supported Mahaboob Khan and as such the relations between the deceased and Ahamed Ali and Rehmat Ali had become stained. It is alleged that on 8-7-1974 Ahamed Ali and Nathu Khan were at Churu, Ahme...
Commissioner of Income Tax Vs. Sakur Ahmed Gafoor Khan.
Court: Rajasthan
Decided on: Nov-06-1985
Reported in: (1986)53CTR(Raj)70
ORDERBy the Court - The Income Tax Appellate Tribunal Jaipur Bench, Jaipur (the Tribunal herein) has referred the following question for the opinion of this Court, which is said to arise out of this Court, which is said to arise out of its order dt. 4-9-1975, passed in IT Appeal No. 337/JP/73-74 :'Whether on the facts and in the circumstances of the case, the ITAT was right in holding that the deficiency of Rs. 5,43,730 from the guaranteed amount of country liquor was allowable as a trading loss in computing the assessees income from business for the asst. yr. 1971-72 ?'It is not necessary to re-state the facts leading to this reference inasmuch as ld. counsel for the parties submit that it has arisen under identical circumstances with those in the CIT, Rajasthan, Jaipur, v. Shri Chunnilal Tak, Bhilwara D.B. IT. Ref. No. 6/78, decided on 24-5-1985 [since reported in (1986) 53 CTR (Raj) 62]. The question referred to in the CIT v. Shri Chunnilal Taks case (supra) is by and large the same...
Sudhakar Shashtri Vs. State and ors.
Court: Rajasthan
Decided on: Nov-06-1985
Reported in: 1986(1)WLN156
Panna Chand Jain, J.1. Those two revision petitions are directed against the order dated 2nd September, 1985, passed by the learned Addl. Sessions Judge No. 3, Jaipur City, Jaipur, whereby he vacated the orders dated 24th November, 1983 and 13th January, 1984, passed under Section 145, Cr.PC. The learned Addl. Sessions Judge also passed an order dropping the proceedings under Section 145, Cr. PC. Being aggrieved by the order dated 2nd September, 1985, the petitioner has preferred these revision petitions before this Court.2. From the facts disclosed in the case it appears that there two parties one is the petitioner himself and the other is Harindra Mirdha, Rajendra Mirdha and Madan Singh. From the record it also appears that party No. 1 filed a civil suit for injunction against party No. 2 on 26th August, 1983. Party No. 1 obtained an injunction order from the Civil Court restraining party No. 2 from dispossessing him from the plot situated on Jai Singh High Way, bearing No. C-21, mea...
Chhinder Singh Vs. State of Rajasthan
Court: Rajasthan
Decided on: Nov-06-1985
Reported in: 1986(1)WLN464
Shyam Sunder Byas, J.1. This appeal is directed against the judgment of the learned Additional Sessions Judge (2), Hanumangarh dated March 30, 1981, by which accused Chhinder Singh was convicted under Section 302, IPC and was sentenced to imprisonment for life with a fine of Rs. 3000/-, in default of the payment of fine to further undergo three years' rigorous imprisonment.2. Briefly stated, the prosecution case is that at about 3.00 a.m. on January 1, 1980, PW 2 Major Singh appeared at Police Station, Hanumangarh Junction and verbally lodged a report, which was reduced into writing by the Station House Officer. It is Ex. P 1. It was stated therein that at about 8.00 p.m on December 31, 1979, his uncle Sardara Singh accompanied with PW 1 Harphool Singh was returning to his house situate in Chak Jahano District Ganganagar. When both of them reached near the primary school of the village, one tractor ESCORT came from behind. Accused Chhinder Singh was driving it. His brother Ginder Singh...
R.K. Shukla and anr. Vs. Chief Project Engineer, R.A.P.P.
Court: Rajasthan
Decided on: Nov-06-1985
Reported in: 1986(1)WLN521
Shyam Sunder Byas, J.1. Since both these appeals under Section 18 of the Rajasthan High Court Ordinance, 1949 are directed against the common judgment of a learned Single Judge of this Court delivered on July 10, 1984 by which the two Writ Petitions (S.B. Civil Writ Petition No. 798/ 1976 and S.B. Civil Writ Petition No. 988/1976 were decided, they were he together and are being disposed of by a single judgment. In the judgment aforesaid, the learned Single Judge allowed the writ petitions. He set-aside the orders of the Assistant Labour Commissioner (Central), Kota and directed him to give permission to the employer under Section 33(3)(b) of the Industrial Disputes Act, 1947 for the dismissal of the appellants from the service.2. Succinctly stated the facts and circumstances giving rise to these appeals are that the Chief Project Engineer, Rajasthan Atomic Power Project P.O. Anushakti via Kota (here in after referred to as the 'management') filed two writ petitions under Articles 226 ...
Dr. Sudhir Kumar Vs. Mohan Lal Sukhadia University or the Udaipur Univ ...
Court: Rajasthan
Decided on: Nov-06-1985
Reported in: 1985WLN(UC)400
Ashok Kumar Mathur, J.1. The petitioner by this writ petition has prayed that the order Annexure-1 dated 23-1-1982 may be quashed and the respondents may be directed not to proceed according to order Annexure-1 by way of making any recovery from salary or provident fund of the petitioner of the amount paid in excess of subsistence allowance to the petitioner.2. The petitioner was initially appointed as Lecturer in the Rajasthan College of Agriculture, Udaipur, in the year 1958 and on the establishment of the respondent University in the year 1962 his services were placed at the disposal of the respondent University. The petitioner was temporarily appointed as Associate Professor on 6th July, 1966. Thereafter he was appointed to the post of Geneticist on substantive basis vide order dated 6th July, 1966. The petitioner further submits that because of his active participation in the Teachers Association he came in conflict with the authorities and at the time of Dr. P.S. Lamba as Vice Ch...
Ved Raj and 3 ors. Vs. State of Rajasthan and anr.
Court: Rajasthan
Decided on: Nov-06-1985
Reported in: 1985WLN(UC)609
Ashok Kumar Mathur, J.1. In all these four writ petitions common questions of law and fact are involved therefore they are disposed of by this common judgment.2. The petitioners were appointed as Class IV (Sweeper) in the months of January and February, 1984. The appointments of these petitioners were sought to be cancelled vide the impugned orders on account of the fact that there was no vacancy in the scheduled castes quota. Aggrieved against this the petitioners have filed the present writ petitions. Similar orders were quashed by this court in S.B. Civil Writ petition No. 1230/1984 and other similar writ petitions Ramji Lal v. State of Rajasthan and Ors. by the order dated 1lth September, 1984.3. The petitioners in these writ petitions have submitted that number of persons were appointed from 31st January, 1984 to 10th February, 1984 and even thereafter they constitute one class and the respondent cannot pick and choose for cancellation of the appointments on the ground that these ...
Ahmad Ali Khan and anr. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Nov-06-1985
Reported in: 1985WLN(UC)555
1. The appellants Ahmad Ali Khan and Rahmat Ali have been convicted of the offence under Section 302/34 IPC and have been sentenced to imprisonment for life by the Additional Sessions Judge, Churu by his judgment dated December 23, 1974.2. The prosecution case in brief is that Sadulekhan PW 8 and Mukarab Khan are the real brothers, the deceased Nathu Khan was the son of Sadulekhan, accused Ahmad Ali and Nizam Ali are the sons of Mukarab Khan. There was some dispute between Mukarab Khan on the one side and Rahamat Ali and Ahmad Ali on the other side in connection with passage of water through the water course. In that connection permission was obtained by Mahboobkhan and he had put up a Nali which was removed by the accused persons. In that matter deceased Nathukhan had supported Mahboob Khan and as such the relations between the deceased and Ahmad Ali and Rehmat Ali had become strained. It is alleged that on 8-7-1974 Ahmad Ali and Nathukhan were at Churu. Ahmad Ali was serving in the P...
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