Rajasthan Court December 1985 Judgments
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Bheem Singh and ors. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Dec-05-1985
Reported in: 1986WLN(UC)221
Jas Raj Chopra, J.1. This appeal arises out of a judgment of Learned Additional Sessions Judge, Sirohi dated 21-2-78 whereby the learned trial court has held accused persons Bheem Singh and Jor Singh guilty of the offence under Section 457 IPC and has sentenced them to two years rigorous imprisonment together with a fine of Rs. 300/-. Jor Singh has further been held guilty under Section 354 IPC and has been ordered to undergo one year's rigorous imprisonment together with a fine of Rs. 300/-. In default of payment of each amount of fine of Rs. 300/-, the accused persons have been ordered to undergo rigorous imprisonment for six months in addition to the substantive sentences.2. The facts of the case briefly stated that on the night intervening between 6th and 7th January, 1977 Smt. Gomati Amma who is a nurse in the Family Planning Centre, Virvara, Shanti who is a helper of that centre and Mst. Supli who is the niece of Mst. Shanti were sleeping in one of the rooms of the Family Plannin...
Jeetmal Vs. State of Rajasthan
Court: Rajasthan
Decided on: Dec-05-1985
Reported in: 1985WLN(UC)425
Farooq Hasan, J.1. This revision petition is filed against the judgment passed by Sessions Judge, Pratapgarh dated March 21, 1979, whereby he upheld the conviction and sentence of the petitioner under Section 3/7 of the Essential Commodities Act and sentencing the petitioner to a fine of Rs. 1000/-and in default of payment of fine simple imprisonment for two months.2. Briefly stated the facts of the case are that Shri Jagdish Prasad Gaur, Enforcement Officer, filed a complaint against the petitioner and his brother Surajmal to this effect that both the petitioner & his brother Surajmal are the proprietors of M/s Bahadur General Store, Pratapgarh and they carry on the business of selling soap. On July 20, 1974 the Enforcement Officer inspected the shop (Bahadur General Store) and found that 23 'peties' of Ashok Brand Soap and 3 'peties' soap of Banswara Brand were in the possession of the petitioner and his brother. The price list and stock as contemplated under the Rajasthan (Display o...
Onkar Vs. Jeev Raj and ors.
Court: Rajasthan
Decided on: Dec-05-1985
Reported in: 1985WLN(UC)542
Jas Raj Chopra, J.1. This appeal arises out of a judgment of acquittal recorded by the learned Munsif and Judicial Magistrate, Chhoti Sadri, in criminal case No. 297/75 dated 30-8-1977 whereby the learned lower court acquitted the respondent accused persons Jeevraj, Kanyalal, Radheysham, Ram Kanya and Mst. Gulab of the offences under Sections 323 and 447 IPC.2. The facts of the case briefly stated are that on 6-7-1975 at about 2 or 2.30 p.m. when complainant Kumawat of village Naraini was cultivating his field in Khasra No. 355, these accused persons came armed with lathis. They attacked him and inflicted injuries to him. He got his injuries medically examined and got them X-rayed also but all the 5 injuries which were received by him were found to be simple. He has stated that he lodged a report in the police on that very day and latter he filed a complaint of this incident in the learned trial court on 11-7-1975. The learned court has dismissed his complaint on the ground that the co...
Daya Shanker Dadhich Vs. State of Rajasthan and anr.
Court: Rajasthan
Decided on: Dec-05-1985
Reported in: 1985WLN(UC)365
Ashok Kumar Mathur, J.1. The petitioner by this writ petition has challenged the order of the State Government, dated 19th September, 1983 whereby the State Government has refused to make reference under Section 10 of the Industrial Disputes Act to the Labour Court for its decision.2. The petitioner entered the service of Respondent Modern Threads (India) Limited, Raila, District Bhilwara (here in after referred as 'the respondent Company'), on being appointed as Assistant Purchase Officer on 1st January, 1982. The petitioner was thrown out of work after being assaulted on 7th October, 1982. He raised and Industrial Dispute regarding termination of service. The Conciliation proceedings were undertaken and ultimately a failure report was given and the petitioner approached the Government for making reference to the Industrial Tribunal/Labour Court, but the same was denied.3. The principal contention of the learned counsel for the petitioner is that the petitioner has put in more than 24...
Lehru Lal Vs. State of Rajasthan
Court: Rajasthan
Decided on: Dec-05-1985
Reported in: 1985WLN(UC)385
Farooq Hasan, J.1. This is a revision petition under Section 397 read with Section 401 of the Criminal Procedure Code against the judgment of Additional Sessions Judge, Udaipur, dated February 2, 1979 passed in criminal appeal No. 29/78 affirming the order of City Magistrate, Udaipur dated October 19, 1978 whereby the petitioners were directed to furnish bonds for maintaining peace and good behaviour for a period of months.2. Briefly stated the facts of the case are that one Shri Dinanath son of Gulab Rai presented an application under Section 107/151/117 of the Code of Criminal Procedure in the Court of City Magistrate, Udaipur wherein dispute regarding agricultural land was alleged and it was stated in that application that the Khasra numbers shown in para No. 1 of the application were in the possession of the applicant Dinanath and the petitioner Shri Chunilal with the help of petitioners (opposite party) is disturbing in the peaceful possession of Shri Dinanath, here in after refer...
Ganesh Lal Vs. State of Rajasthan
Court: Rajasthan
Decided on: Dec-05-1985
Reported in: 1985WLN(UC)497
Jas Raj Chopra, J.1. This is an appeal against the judgment of the learned Additional Sessions Judge, Udaipur dated 28-2-1978 where by the learned trial court has acquitted the accused persons Sunder Lal and Sharafat Khan of all the offences with which they were charged, but has convicted accused Ganesh Lal of offence under Section 326 IPC and has sentenced him to undergo four years rigorous imprisonment together with a fine of Rs. 500/-. In default, he has been ordered to undergo simple imprisonment for two months. It has further been ordered that if the amount of fine is recovered, Rs. 330/- out of this recovered amount of fine shall be paid to injured Ramesh as compensation. The facts necessarily to be noticed for the disposal of the appeal briefly stated are that on 12-5-76, at about 12.30 in the day injured Ramesh Chandra was sitting in his floor mill at Bhopalpura. He was talking to one Abid Ali who is his neighbour. All of a sudden, accused Ganesh Lal, milk vendor, his brother S...
Sher Singh and anr. Vs. State of Rajasthan and Kale Khan
Court: Rajasthan
Decided on: Dec-04-1985
Reported in: 1985WLN(UC)517
Jas Raj Chopra, J.1. These two appeals No. 132/78 filed by Kale Khan and the other No. 99/1978 filed by Sher Singh are directed against the judgment of learned District and Sessions Judge, Jalore, dated 16-2-1978 whereby the learned lower court held both the accused-appellants guilty of the offences under Sections 376-511 IPC read with Section 34 IPC as also under Sections 327/34 and Section 323 IPC and sentenced each one of them to a period of three years rigorous imprisonment together with a fine of Rs. 500/- for the offence under Section 376/511 and Section 34 IPC and sentenced them to two years rigorous imprisonment together with a fine of Rs. 300/- for the offences under Sections 327/34 IPC and to six months rigorous imprisonment together with a fine of Rs. 100/- for the offence under Section 322 IPC. In default of the payment of the amount of fine of Rs. 500/- the accused has been further ordered to undergo three months rigorous imprisonment. In default of the payment of the amou...
Shree Sadul Textiles Ltd. (Now Jagatjit Cotton Textiles Mills Ltd.) Vs ...
Court: Rajasthan
Decided on: Dec-03-1985
Reported in: (1987)62CTR(Raj)75; [1987]165ITR154(Raj)
S. K. MAL LODHA J. - Mr. Rajendra Mehta, learned counsel for the assessee, has submitted an application on December 2, 1985, praying therein that the question involved in this reference is similar to the question which was answered by this court in Devichand Bastimal v. CIT and so the question may be answered in terms of Devichand Bastimals case.Mr. B. R. Arora, learned counsel for the Revenue, has not opposed the application.Paper books in this reference have already been submitted by learned counsel for the assessee. At the request of learned counsel appearing for the parties, we have heard the arguments.The Income-tax Appellate Tribunal, Jaipur Bench, Jaipur (for short 'the Tribunal'), has referred the following question for the opinion of this court :'Whether, on the facts and in the circumstances of the case, the expenditure of Rs. 11,310 under the head Entertainment expenses and Rs. 4,718 under the head Guest house expenses for providing hot and cold drinks, refreshment, etc., to...
Kundan Vs. State of Rajasthan
Court: Rajasthan
Decided on: Dec-03-1985
Reported in: 1986WLN(UC)678
Jas Raj Chopra, J.1. This is an appeal directed against the judgment of the learned Sessions Judge, Bhilwara, dated 27-1-1978, whereby the learned lower court has convicted and sentenced the accused-appellants as under: (1) Kundan (1) for offence under Sections 147 and 353, 6 months R.I. each; (2) for offence under Section 333, IPC, 3 year's R.I. and a fine of Rs. 200/- and in default of payment of fine to further undergo .2 month's R.I.; (2) Dhanna, (1) for offence under Sections 147 and 352, IPC, each of them for 6 Nanda, month's R I. for each offence; Ram Gopal Rameshwar, (2) for offence under Section 333/149, IPC, 2 year's R.I. and a fine of Mishri Rs. 100/- each and in default of payment of fine to further undergo one month' R.I.2. The facts giving rise to this appeal briefly stated are that on 17th April, 1974 the wine contractor of Shahpura i.e. Shri Lal Chand submitted a report marked Ex. P 2 to the Excise Inspector of Shahpura alleging therein that in village Rajyas certain Ba...
Mamraj Singh ors. Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Dec-02-1985
Reported in: 1986(1)WLN404
Mahendra Bhushan Sharma, J.1. This Revision petition is directed against the order dated April 16, 1985 passed by the Sessions Judge, Tonk. It involves an important question of law whether the two cross cases arising out of the same incident can be tried by the same Sessions Judge, though one of them is not triable by him.2. Statement of one Om Prakash was recorded on July 31, 1978 at 11.45 a.m. in the hospital Niwai and the same was later on registered as FIR No. 103/81. So his 'parcha bayan' the said Om Prakash stated that on July 31, 1978 at about 7.30 am he and his younger brother Kailash were constructing the boundary wall of somebody. Mamraj Singh and Kalyan Singh came there and asked them not to do so, and caught hold Kailash his younger brother and Mamraj Singh gave lathi blow to Kailash. He (Om Prakash) intervened and Mamraj Singh gave lathi blow to him also. He along with kailash entered the house and thereafter Mamraj Singh, Kalyan Singh, Pep Singh, Devi Singh. Guman Singh, ...
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