Rajasthan Court September 1985 Judgments
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Commissioner of Wealth-tax Vs. Raj Mata Smt. Geeta Kumari of Kishangar ...
Court: Rajasthan
Decided on: Sep-09-1985
Reported in: (1986)54CTR(Raj)118; [1987]163ITR417(Raj)
1. This reference application has been moved under Section 27(3) of the Wealth-tax Act, whereby the Revenue has prayed that the Income-tax Appellate Tribunal may be directed to refer the following question to this court:'Whether, on the facts and in the circumstances of the present case, the Tribunal was justified in cancelling the penalty of Rs. 4,668 levied under Section 18(1)(a) of the Wealth-tax Act, 1957 ?'2. The facts, briefly stated, are that in respect of the assessment year 1971-72, the assessee submitted the return on November 15, 1971. The said return should have been filed on or before June 30, 1971, and there was a delay of 41/2 months in the filing of the return. The Wealth-tax Officer issued a show cause notice for imposing penalty on the assessee and in response to the said show cause notice, the assessee filed a reply wherein the assessee stated that she was under the bona fide belief that her wealth was below the taxable limit and that as and when she came to know tha...
Smt. Sabita Mohan Nagpal Vs. Commissioner of Wealth-tax
Court: Rajasthan
Decided on: Sep-09-1985
Reported in: (1986)53CTR(Raj)332; [1986]160ITR751(Raj); 1985(2)WLN797
S.K. Mal Lodha, J.1. At the instance of the assessee, the Income-tax Appellate Tribunal, Jaipur Bench, Jaipur (for short ' the Tribunal '), has referred the following questions for the opinion of this court, which are said to arise out of its order dated August 31, 1976, which was subsequently modified on April 19, 1978, passed in Wealth-tax Appeals Nos. 94 and 95 of 1974-75:' 1. Whether, on the facts and circumstances of the case, the Tribunal was justified in treating the appellant on the valuation date as owner of Jhandewalon property and including the value of the same in the total wealth ? 2. Whether in view of the fact that property was constructed in the immediate past, the cost of construction is accepted by the Department and sale value of the land was before it, the Tribunal was justified in estimating the value of the property by applying a certain year's purchase price when its value as on the valuation date can be estimated exactly on land and building method ? 3. Whether ...
Prahlad Bahadur Saxena Vs. NaraIn Dass Kalra
Court: Rajasthan
Decided on: Sep-09-1985
Reported in: 1985(2)WLN661
Mohini Kapoor, J.1. The plaintiff opposite party instituted a suit No. 348 of 1974 against the defendant applicant for arrears of rent and eviction. Subsequently, another suit No. 265 of 1976 was instituted by the plaintiff opposite party in the court of Munsif Magistrate (East), Ajmer, which was later on transferred to the court of Additional Munsif (East). Ajmer and later on again transferred to the court of Additional Munsif (West), Ajmer. The rent for the period 15th May, 1978 to 10th July, 1979 and from 14th November, 1979 to 28th February, 1980 was deposited by the applicant in the court of Additional Munsif (West), Ajmer. The plaintiff opposite party moved an application under Section 13(5) of the Rajasthan Premises Control of Rent and Eviction Act, praying that the defence of the defendant applicant be struck-off as he had committed defaults in the payment of rent. Upon this the defence of the defendant applicant was struck-off and the order has been confirmed by order dated 13...
Kan Singh Vs. Bhan Singh
Court: Rajasthan
Decided on: Sep-09-1985
Reported in: 1985WLN(UC)277
Sobhag Mal Jain, J.1. This revision petition filed by the complainant under Section 397 Cr. PC is directed against the judgment of the Additional Sessions Judge, Jalore, dated the 12th March, 1974, convicting the respondent Under Section 325, 323 and 147 IPC and sentencing him the imprisonmsnt till to the rising of the court and a fine of Rs. 50/- in default of payment of fine to simple imprisonment for 15 days. The complainant submitted that the sentence awarded to the respondent is grossly inadequate.2. The case relates to the incident which took place on the intervening night of the 23rd and 24th August, 1970, at village Dakatara. The prosecution story, in brief, was that the accused respondent on the night of incident came to the house of the complainant and caused injuries to Ram Singh son of Kan Singh. A first information report of the occurrence was lodged by Kan Singh at Police Station, Jalore on the 24th August, 1970 on which a case under Section 307, 323, 447 IPC was register...
Kesu Lal Vs. Uma Devi and ors.
Court: Rajasthan
Decided on: Sep-09-1985
Reported in: 1985WLN(UC)608
Panna Chand Jain, J.1. The above mentioned two appeals i.e. 79/83 and 84/83 arise out of the common Award dated 3-7-1982 passed by the Motor Accident Claims Tribunal in claims case No. 152/78 and 153/83, the both are there ore, disposed of by a common order.2. Om Prakash claimant of case No. 152/78 filed a claim for compensation of Rs. 15,000/- and claimant Smt. Uma Devi in claims case No. 153/78 filed a claim for claiming a sum of Rs. 9,000/- from the owner and driver of Vehicle No. RJY 6022, owner and driver of car No. RJY 9783 and the Insurance Company of the two vehicles, co-incidently the Insurer in National Insurance Company Ltd. The Claims Tribunal after appreciating the entire evidence on record, award a sum of Rs. 5,000/- to Smt Uma Devi and Rs. 2000/- to Om Prakash for the injuries sustained by them. The claims tribunal after holding the composite negligence of the drivers determined that the drivers and owners of the two vehicles were jointly and severally liable for payment...
Smt. Lagana Devi and ors. Vs. Lila Ram and ors.
Court: Rajasthan
Decided on: Sep-06-1985
Reported in: [1988]64CompCas814(Raj); 1985WLN(UC)310
P.C. Jain, J. 1. This is an appeal under Section 110D of the Motor Vehicles Act, 1939, against the judgment and award dated February 5, 1981, passed by the Motor Accidents Claims Tribunal, Bikaner, in Case No. 7 of 1978 dismissing the claim of the appellants against respondent No. 2, National Insurance Company, and decreeing a claim of the appellant to the extent of Rs, 42,300 against respondents Nos. 1 and 3.2. The facts of the case are that on April 17, 1976, an accident took place causing the death of Shri Raj Dev Singh. The accident was caused by Lila Ram, who was the driver of tractor RJK 651/T. This tractor was owned by Ghisa Ram. In the accident, Raj Dev Singh died on April 18, 1976, in the hospital. The claimants are the widow of the deceased, Raj Dev Singh, and his minor children. The insurer of the tractor was National Insurance Company Ltd., which is respondent No. 2 in this case. In the case, there is no dispute about the accident and about the amount of compensation awarde...
Nirmal Kumar Vs. Devi Lal and ors.
Court: Rajasthan
Decided on: Sep-06-1985
Reported in: 1985WLN(UC)304
Panna Chand Jain, J.1. This appeal has been filed under Section 110-D of the Motor Vehicles Act against the judgment and award dated April 22, 1982, passed by the Motor Accident Claims Tribunal in case No. 104/72, by which an award for payment of compensation amounting to Rs. 21,890/- with costs and interest with effect from Jan. 21, 1978 till realisation at rate of 6 per cent per annum was passed.2. Briefly stated, the facts of the case are that in an accident, which took place on 29th July, 1977, the claimant sustained bodily injuries arising out of the use of motor vehicle Bus No. RJQ 889 driven by respondent No. 1, Devilal. The owner of the bus is respondent No. 23. In the appeal the petitioner-appellant has claimed that instead of the award given by the Claims Tribunal for a sum of Rs. 21,890/- his entire claim to the tune of Rs. 20 lacs should be decreed. The respondents neither filed any appeal against the award dated April 22, 1982 nor filed any cross-objections. In the circums...
Mohd. Faruq Qureshi Vs. Smt. Manzar Bano
Court: Rajasthan
Decided on: Sep-05-1985
Reported in: 1986(1)WLN492
Mohini Kapur, J.1. The appellant before me moved an application Under Section 25 of the Guardianship and Wards Act, before the learned District Judge, Jaipur City, Jaipur, for custody of his two minor sons. This application was dismissed by the learned District Judge on September 10, 1981, hence this appeal.2. Briefly stated the facts are that the applicant was married to the opposite party in Jaipur on November 3, 1969- They lived together for some time but then his wife used to go away to the parents house. During this period, two sons were born to them, on 23-8-1972 and 5-6-1973. The applicant has not given the date on which his wife took away her sons permanently from his house but it appears that it was some-where in February, 1980, when his wife started living at her parents' house. Efforts of the appellant to bring his wife and children failed. According to the appellant, when the sons were living with him, they were studying in Nehru Memorial School, Moti Nagar, but after they ...
Smt. Brij Lata Vs. Someshwar
Court: Rajasthan
Decided on: Sep-05-1985
Reported in: 1985WLN(UC)282
Panna Chand Jain, J.1. This appeal has been filed against the judgment and decree dated 27-10-1983 passed by the learned District Judge, Jodhpur, by which the marriage between the appellant and the respondent was dissolved by passing a decree of divorce on the petitions of the husband,2, Briefly stated, the facts of the case are that the appellant and respondent are wife and husband. They were married as per the Hindu customs on 13-6-1981. The petitioner in the petition for divorce has pleaded that Smt. Brijlata left the petitioner's house with her parents on 15-6-1981 and, thereafter inspite of several approaches being made, she did not come to the petitioner's house for discharging her matrimonial obligations. The petitioner has also contended that even his parents went to bring Smt. Brijlata, but she did not turn up with the consequence that on account of the shock, his mother died on 7-7-1982. Summons were issued on 27-9-1983 for appearing on the next date, i.e., September 29, 1983...
Mangal Deo and ors. Vs. Bheru Singh and ors.
Court: Rajasthan
Decided on: Sep-05-1985
Reported in: 1985WLN(UC)284
Panna Chand Jain, J.1. This appeal is directed against the judgment and award dated March 11, 1982, passed by the Accident Claims Tribunal, Jodhpur, in Claim case No. 129/78, by which the claim petition of the petitioner-appellant was dismissed.2. Briefly stated, the facts of the case are that deceased Arun Deo was coming from Luni to Jodhpur in a three wheeler No. RRQ 489, which was being driven by the driver Daulat Singh. Deceased was with Jagdish and Omnath in the three-wheeler. This three-wheeler was crushed in an accident by the truck No. RJQ 1051, which was loaded with stone patties and was proceeding from Jodhpur towards Pali on the Pali road. The accident had taken place at 6 km. towards Pali side from Jodhpur, It is alleged in the petition that the truck was going with a very high speed and was being driven by driver rashly and negligently. It has also been alleged that the truck was on wrong side, while the three-wheeler was runtng on the left side, i.e., on the correct side....
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