Rajasthan Court September 1985 Judgments
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Banka Vs. State of Rajasthan
Court: Rajasthan
Decided on: Sep-19-1985
Reported in: 1985WLN(UC)274
Shyam Sunder Byas, J.1. Accused Banka Sonar was convicted under Sections 302, 307 and 326, IPC and was sentenced to imprisonment for life with a fine of Rs. 100/-, in default of the payment of fine to further undergo three months rigorous imprisonment on the first count, three years rigorous imprisonment with a fine of Rs. 100/-, in default of the payment of fine to further undergo one month's like imprisonment on the second and two years rigorous imprisonment with a fine of Rs. 50/-, in default of the payment of fine to further undergo one month's simple imprisonment on the last count. The accused has come-up in appeal to challenge his- conviction.2. Briefly stated, the prosecution case is that at about 11.00 A.M. on January 5, 1981, PW 6 Jetha appeared at Police Station, Chauhtan and presented written report Ex. P 7. It was stated by him therein that in the night proceeding, he was sleeping in his Dhani. His brother accused Banka, who was living with his wife, mother Mst. Banoo (PW 1...
Rajasthan Textile Industries Vs. Commissioner of Income-tax
Court: Rajasthan
Decided on: Sep-18-1985
Reported in: (1986)53CTR(Raj)458; [1987]164ITR732(Raj)
1. All these five reference applications have been filed under Section 256(2) of the Income-tax Act, 1961. They relate to the assessment years 1967-68, 1968-69, 1969-70, 1970-71 and 1971-72. As a similar question is involved in all these reference applications, they are being disposed of by this common order.2. On August 23, 1985, the petitioner was directed by this court to file certified copies of the orders of the Income-tax Officer and the Appellate Assistant Commissioner of Income-tax. No such copies have been filed and none is present on behalf of the assessee-applicant.3. The assessee, M/s. Rajasthan Textile Industries, Kishangarh, is a partnership firm which consists of partners, namely, Devendra Kumar, Moolchand and Smt. Keval Devi. This firm awarded sole selling agencyfor selling sized beams produced by it to M/s. Luhadia Brothers, a proprietary concern of Mrs. Ratan Devi, who was the wife of one of the partners, Devendra Kumar. Smt. Ratan Devi was conducting business of sale...
Bajrang Lal Verma Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Sep-18-1985
Reported in: 1985(2)WLN662
Narendra Mohan Kasliwal, J.1. The petitioner has filed this writ of quo warranto for a declaration that the election of respondent No. 4 as Ward Member of Ward No. 13 of the Municipal Board, Chirawa held on February 14, 1982, to be declared null and void. The only ground taken by the petitioner is that the respondent No. 4 is employed in the Rajasthan State Electricity Board and as such is disqualified Under Section 26 of the Rajasthan Municipalities Act, 1959 (here in after referred to as 'the Act').2 The Rajasthan State Electricity Board is a statutory body registered under the Electricity (Supply) Act, 1948. Section 26 of the Act disqualifies a person who holds a salaried or part-time appointment in the Central or State Government or a focal authority. The Rajasthan State Electricity Board can not be said to be a Central Government or State Government or a Local Authority. Mr. Choudhary, learned counsel for the petitioner submitted that the Rajasthan State Electricity Board has been...
Rajasthan State Road Transport Vs. Smt. Chandra Kanta and ors.
Court: Rajasthan
Decided on: Sep-18-1985
Reported in: 1986WLN(UC)215
Kishore Singh Lodha, J.1. These five appeals have been filed by the Rajasthan Slate Road Transport Corporation against the joint award dated 20th April, 1981 made by the Motor Accident Claims Tribunal, Jodhpur, in favour of the five different claimants by a single order. As the five appeals are directed against this single order; they are being disposed of together by a common order.2. The facts giving rise to these appeals briefly stated are that on 22-5-1975 Mahendra Kumar, Chandra Kanta, Kumari Amita Mangi Bai and deceased Lalit Kumar were coming from Mt. Abu towards Abu Road in a car-taxi No. GTF 9169 at about 11.30 a.m. When they came near 'Talhati' a bus No. RR N 6531 belonging to the Rajasthan State Road Transport Corporation came from the side of Abu Road. It is alleged that the taxi-car was being driven by Hans Raj and bus was being driven by Shiv Nath Singh, and, both the vehicles were being driven rashly at a high speed. The two vehicles collied resulting into the deaths of ...
Gurmail Singh Vs. State and anr.
Court: Rajasthan
Decided on: Sep-18-1985
Reported in: 1985WLN(UC)579
Ashok Kumar Mathur, J.1. Petitioner was arrested on 29th of May, 1974 and investigation a challan was filed under Section 302 IPC and under Sections 25 and 27 of the Arms Act. Petitioner was ultimately convicted by the Sessions Judge, Ganganagar and sentenced him to Life Imprisonment, by his order dated 6-9-1975.2. It has been submitted by the petitioner that he has already served sentence for more and than 2/3rd of the sentence provided for the offence. Petitioner by this writ petition has sought a mandamus that his case may be placed before the Advisory Board for the remission of the sentence Petitioner invited my attention to Clause (3) of Rule 8 of the Rajasthan Prisons (Shortening of Sentence) Rules, 1958. Since the petitioner is eligible for consideration under Clause (3) of Rule 8 for remission, therefore, he prays that his case may be placed before the Advisory Board for scrutiny as required under Rule 8 of the Rules. Learned counsel has invited my attention to the case of Subu...
R.S.R.T.C. Vs. Chandra Kanta and ors.
Court: Rajasthan
Decided on: Sep-18-1985
Reported in: 2(1986)ACC413
K.S. Lodha, J.1. These five appeals have been filed by the Rajasthan State Road Transport Corporation against the joint awards dated 20th April, 1981, made by the Motor Accident Claims Tribunal, Jodhpur, in favour of the five different claimants by a single order, as the five appeals are directed against this single order; they are being disposed of together by a common order.2. The facts giving rise appeals briefly stated are that on 22-3-1975 Mahendra Kumar, Chandra Kama, Kumari Amita, Mangi Bai and deceased Lalit Kumar were coming from Mt. Abu towards Abu Road in a car-taxi No. G.T.F. 9169 at about 11.30 A.M. When they came near Talhati, a bus NO. R.R.M. 6531 belonging to the Rajasthan State Road Transport Corporation came from the side of Abu Road. It is alleged that the taxi-car was being driven by Hans Raj and bus was being driven by Sbivnath Singh, and, both the vehicles were being driven rashly at a high speed. The two vehicles collided resulting into the deaths of Lalit Kumar ...
Union of India (Uoi) Vs. Surti Syntex Ltd.
Court: Rajasthan
Decided on: Sep-17-1985
Reported in: 1986(10)ECC317
1. These special, appeals under Section 18 of the Rajasthan High Court Ordinance, 1949 are directed against an order of a learned single Judge of this Court dated May 14, 1985, by which the 18 writ petitions were allowed and the order of the Assistant Collector (Central Excise) was quashed and the Assistant Collector was directed to decide the matter in dispute afresh after giving the petitioners adequate opportunity of hearing.2. The petitioners are manufacturers of cellulosic spun yarn. In the writ petitions filed by them, the contention raised on their behalf is that the blended product does not contain any man-made fibre of non-cel1ulosic origin. Till recently, duty was levied on their product treating it to be covered by item 18 III(i) of the Schedule annexed with the Central Excises and Salt Act, 1944. In the classification submitted by them before the Assistant Collector (Central Excise), they had shown their product as that covered by the aforesaid entry, on the ground that it ...
Pradeep Singh Vs. State and ors.
Court: Rajasthan
Decided on: Sep-17-1985
Reported in: 1985(2)WLN741
Kishan Mal Lodha, J.1. This appeal under Section 18 of the Rajasthan High Court Ordinance, 1949 is directed against the order dated August 29, 1985 passed by the learned singal Judge, by which he dismissed the writ petition of the appellant.2. We many briefly state the facts which have given rise to this appeal. The petitioner-appellant was appointed by means of order Anx. 3 dated May 1, 1985. It was, amongst others, mentioned that he is being appointed temporary (sic) period of six months. By the same order, besides the petitioner appellant, 19 more persons were appointed. Subsequently, it appears that by means of Anx. 4 dated August 17, 1985, the appointment order which was issued in favour of the petitioner-appellant was cancelled and his services were terminated under Rule 23-A of the Rajasthan Service Rules, 1951 (for short 'the Rules'). It is further mentioned therein that he is being given notice from August 17, 1985 and his services shall stand terminated from September 17, 196...
Teja Ram Vs. State of Rajasthan
Court: Rajasthan
Decided on: Sep-17-1985
Reported in: 1985WLN(UC)295
Shyam Sunder Byas, J.1. Accused Tejaram was convicted under Section 302 and 201, I.P.C. and was sentenced to imprisonment for life with a fine of 500/-, in default of the payment of fine to further undergo three months simple imprisonment on the first count and five years rigorous imprisonment with a fine of Rs. 500/-, in default of the payment of fine to further undergo three months like imprisonment on the second count by the learned Sessions Judge, Balotra, vide his judgment dated December 2, 1980. Substantive sentences were directed to run concurrently. The accused has come up in appeal to challenge his conviction and sentence.2. Khurna Ram Bishnoi (50) was the father of PW 14 Bhagirath and was living with him in village Bhunwar P.S. Serva district Banner. 10-12 days before Chetra Sudi 12 of 1980 (corresponding to March 28, 1980)Khuma Ram went to village Phoolan P.S. Samdari to purchase cattle-fodder. He had taken a sum of Rs. 4000/- with him for this purpose. He was also wearing g...
Didar Singh Vs. State of Rajasthan
Court: Rajasthan
Decided on: Sep-12-1985
Reported in: 1986(1)WLN614
Kanta Bhatnagar, J.1. These three appeals are directed against the judgment dated March 23, 1982 passed by the learned Additional Sessions Judge, Raisinghnagar. As all the three appeals arise out of the same judgment and common questions are involved therein, we propose to dispose them of by a common judgment. By that judgment appellants Didarsingh, Darshan Singh, Jeetsingh, Balwantsingh, Trilochansingh alias Triloksingh, Gurdeep Singh alias Gura were convicted for the offence under Section 302/149 and 147 IPC and each of them was sentenced to imprisonment for life on the first count and a fine of Rs. 50/-, in default to undergo one months R.I. and one years R.I. on the second count. Trilochansingh and Gurdeepsingh were also convicted under Sections 342 & 365 IPC and sentenced to six months rigorous imprisonment each on the first count and similar sentence on the second count.2. Succinctly narrated the prosecution case is that on October 30, 1979 Harbanskaur wife of Bachansingh asked L...
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