Rajasthan Court September 1985 Judgments
Uchab Lal S/O Vishnu Dutt Vs. Tej Mal and Suwa Lal
Court: Rajasthan
Decided on: Sep-30-1985
Reported in: 1986(1)WLN172
Guman Mal Lodha, J.1. This is a plaintiff's civil second appeal against the judgment rejecting the first appeal and affirming the dismissal of the suit.2. Before I proceed to consider the principal objection made by Shri K. K. Sharma, the learned Advocate for the plaintiff appellant, I would like to mention, in brief, the facts showing the genesis of the dispute and the important facts of this case as per its history so far.3. The appellant filed a suit for redemption of mortgage of a Nohra which was mortgaged by deceased Mst. Jagannathi w/o Ram Chandra Brahmin with deceased Shri Bhanwar Lal s/o Chhaganlal Mahajan as alleged in the plaint. She had a son, Vishnu Dutt who has also died. The plaintiff appellant is the adopted son of Vishnudutt and is the sole heir of Vishnu Dutt. The mortgagee Bhanwar Lal has also died and the defendants are his sons and are in possession of the property.4. The learned trial court held that the mortgage was not proved and, therefore, decided issue No. 1 t...
Tag this Judgment!Agarwal and Co. Vs. State of Rajasthan and anr.
Court: Rajasthan
Decided on: Sep-25-1985
Reported in: 1985(2)WLN373
Kishore Singh Lodha, J.1. This is a plaintiff's revision against the order of the learned Addl. District Judge No. 1, Hanumangarh dismissing his appeal against the order of the learned Civil Judge, Hanumangarh dated 3-7-1984, dismissing the application under Order XXXIX, Rules 1 and 2 CPC.2. The facts giving rise to this revision briefly stated are that the plaintiff applicant filed a suit for specific performance of a contract as also for permanent injunction against the defendants respondents. The case of the plaintiff was that the brick-kiln was auctioned on 15-11-1979, whereof the highest bid of Rs. 9000/- was of the plaintiff and he deposited the 1/4th amount of the bid, viz., Rs. 2,250/- at the spot. The remaining amount was to be paid when the bid was to be sanctioned by the Collector under Rule 9 of the Rajasthan Colonizations (Project Area) Brick Kiln (Leases) Conditions, 1966. It was further alleged that for a long time he did not receive any intimation about the sanction of ...
Tag this Judgment!Ramlal Singh Vs. State of Rajasthan
Court: Rajasthan
Decided on: Sep-25-1985
Reported in: 1985(2)WLN579
Vinod Shanker Dave, J. 1. This application has been filed with a prayer that the gun DBBL 12 bore bearing No. 7902545 seized by the police in FIR No. 1/83 of Police Station Raghunathgarh the recovery memo of which was exhibited in Sessions Case No. 39/1983 of the Court of Sessions Judge, Sikar, be returned to the petitioner.2. Briefly stated the facts are that Ramlal Singh petitioner was committed to the court of Sessions Judge, Sikar for facing trial in a case under Section 307 IPC. The aforesaid gun, was, it is alleged, used in the commission of the offence. The trial court after recording the evidence held that prosecution could not substantiate a case beyond reasonable manner of doubt and the trial court, therefore, acquitted the accused giving him the benefit of doubt vide his judgment, dated January 16, 1984. No appeal against the said order of acquittal is alleged to have been filed. It is pertinent to mention here that despite the direction of the Committal Court the gun was no...
Tag this Judgment!Sita Ram Somani Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Sep-25-1985
Reported in: 1985(2)WLN539
Suresh Chandra Agrawal, J.1. In this petition for a writ of Habeas Corpus, the petitioner, Sitaram Somani, is challenging the legality of his detention under Order (Annexure G) dated 4th June, 1985 passed under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (here in after referred to as 'the Act').2. The petitioner is a resident of house No. 834, Churuko-ka-rasta, Chaura Rasta, Jaipur. On 1st January, 1985, the officers of the Customs Department of the Government of India searched one Shri Omprakash Soni and his scooter outside the house of the petitioner and during the course of the said search a bag was recovered and in the said bag 8 biscuits of gold of foreign origin were found which were seized. Thereafter the Customs officers made a search of the house of the petitioner on the same day and during the course of the said search 36 gold biscuits of foreign origin and 12100 U.S. dollars were recovered. The petitioner was arrested...
Tag this Judgment!Gulam HussaIn Vs. State of Rajasthan
Court: Rajasthan
Decided on: Sep-25-1985
Reported in: 1986(1)WLN30
Shyam Sunder Byas, J.1. The appeal is directed against the judgment of the learned Additional Sessions- Judge, Nagaur dated December 17, 1980, by which the appellant Gulam Hussain was convicted under Section 302, IPC and sentenced to imprisonment for life with a fine of Rs. 300/-, in default of the payment of fine to further undergo three months rigorous imprisonment.2. Briefly put, the prosecution case is that at about 830 p.m. on August 17, 1979, PW 1 Safi Mohammed, PW 4 Abdul Rehman, PW 7 Mohammed Yakoob, PW 10 Noor Mohammed and the deceased Abdul Sakoor were sitting on the Chabutari of one Ismail Lohar situate near Loharpura Chowk, Nagaur and were talking about the crops. PW 2 Usman was also standing nearby and PW 3 Mohammed Ali was standing out side his hotel situate nearby. While they were talking, Naina (co-accused convicted under Section 323, IPC) came there and asked Safi Mohammed (PW 1) as to why he had poured down the milk carried by his son Yusuf (co-accused, but acquitted)...
Tag this Judgment!Commercial Taxes Officer Vs. B.R. Oil Mills and anr.
Court: Rajasthan
Decided on: Sep-25-1985
Reported in: 1986(2)WLN111
Panna Chand Jain, J.1. The reference application No. 177 of 1980, under Section 15(2) of the Rajasthan Sales Tax Act, has been filed by the Commercial Taxes Officer (here in after for short, 'the CTO') against the order dated 1st March, 1979, passed by the Board of Revenue for Rajasthan, Ajmer (for short 'the Board' here in after) and reference application No. 217/198,0 has been filed by the Commercial Taxes Officer against the order dated 19th March, 1979, passed by the Board of Revenue. In both the cases the learned Board of Revenue refused to allow application for reference under Section 15(1) of the Act.2. In view of the provisions of Sub-section (10) of Section 13 of the, Rajasthan Sales Tax (Amendment) Act, 1984 each reference application is treated as a revision petition, and is being disposed of accordingly.3. As common question of law is involved both the revision petitions are being disposed of by this order.Facts of the case of Mis. B.R. Oil Mills case;4. The facts of this c...
Tag this Judgment!Gordhan Vs. State of Rajasthan
Court: Rajasthan
Decided on: Sep-25-1985
Reported in: 1986WLN(UC)113
Sobhag Mal Jain, J.1. Heard learned Counsel for the parties.2. The challan has been filed. The petitioners have moved now this second bail application. On the challan papers, it appears that the deceased Vishnu Dutt died of incised wound on his skull. The petitioners, Banshilal, Jayanti Lal and Ajay Kumar have been attributed 'Lathis' in their hands; it is only the petitioner, Gordhan and Paras Ram, who are said to have sharp edged weapon.3. In these circumstances, I am of the opinion that it will be just and proper to enlarge the accused-petitioners, Banshilal, Jayanti Lal and Ajay Kumar on bail. It is directed that the accused petitioners. Banshilal s/o Shri Behru Shanker, Jayanti Lal s/o Shri Behru Shanker, and Ajay Kumar s/o Shri Moti Lal shall be released on bail, provided each of them furnishes a personal bond in the sum of Rs. 5000/- (Rupees five thousand) with one surety in the like amount to the satisfaction of the learned Sessions Judge, Pali for their appearance in the trial...
Tag this Judgment!Saleem Khan Vs. State of Rajasthan
Court: Rajasthan
Decided on: Sep-25-1985
Reported in: 1986WLN(UC)70
Vinod Shanker Dave, J.1. This application has been filed for delivery of Motorcycle bearing registration No. RRG 6632 during the investigation and trial. The aforesaid vehicle has been seized in a case Under Sections 147, 148, 324 and 307 IPC on June 26, 1985. An application was moved that interim custody may be delivered to the petitioner as the condition of the vehicle is likely to be deteriorated in the police station. The allegation is that the accused persons had used this motor-cycle for coming to the place of occurrence. The learned Magistrate refused it on the ground that the vehicle has been used in serious crime Under Section 307 IPC and its delivery should not be given.2. I have considered the facts and circumstances of the case and I am of the opinion that keeping the vehicle in the police station is likely to deteriorate its condition it would virtually be reduced to scraps hence there is no harm in case the motor-cycle is delivered on Supardginama to the petitioner howeve...
Tag this Judgment!V.K. Bhatnagar Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Sep-25-1985
Reported in: 1986WLN(UC)225
1. This appeal has been preferred against the judgment of the learned Single Judge by which the contentions of the appellant about his absorbtion, confirmation and seniority have been accepted but he has been denied consequential benefits, on the ground that he had retired from service during the pendency of the writ petition. The appellant was intitally an employee of the Relief and Rehabilitation Department and on being declared surplus from the post of loans officer he was absorbed in the Excise and Taxation Departments as Assistant Commercial Taxation Officer, which post he joined on Jan. 19, 1962. The learned Single Judge has held that it was not necessary to appoint the appellant on probation as he had been appointed on the equivalent post of loans officer on the recommendations of the Rajasthan Public Service Commission and should have been confirmed as A.C.T.O. with effect from October 26, 1962, when he came to be substantively appointed on this post. On basis of having rendere...
Tag this Judgment!Kishan Lal Vs. State of Rajasthan
Court: Rajasthan
Decided on: Sep-25-1985
Reported in: 1985WLN(UC)436
Milap Chand Jain, J.1. The appellant Kishanlal aged about 16-17 years was convicted of the offence under Section 302 IPC and was sentenced to imprisonment for life by the learned Sessions Judge dated March 8, 1975.2. The charge against the appellant was that he gave knife blow to the deceased Jagdish on 12-7-74 at about 4 a.m. near the Blooking window of Cinema house in Nohar which resulted in his death. The deceased himself was the informant on which case under Section 307 IPC was registered and after his death it was converted to Section 302 IPC. It was reported by the deceased in his reported Ex. 1 lodged at 10.40 P.M. that 1-1/2 months ago, he, Rajendra Kumar Bhat, Shanker Sevag had beaten Ram Kumar s/o Raghunath Chachan, resident of Nohar. 5-7 days thereafter, the driver of Raghunath Chachan and the sons of Raghunath Chachan namely, Kishan Vinod Kumar beat him on the bus stand in the night. On the following day, Yusuf Master got their dispute settled at the school. According to th...
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