Rajasthan Court January 1986 Judgments
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Pushpa Devi Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jan-28-1986
Reported in: 1986(1)WLN543
Farooq Hasan, J.1. This revision petition is directed against the judgment dated 22-12-1979 passed by the Sessions Judge, Bundi, whereby he partly accepted the appeal of the petitioner's husband.2. The petitioner's husband was found guilty Under Section 409 and 466, IPC by the CJM., Bundi, and he was sentenced to one year's RI and a fine of Rs. 500/-. On appeal the petitioner's husband was acquitted from the charge Under Section 466, IPC, but his conviction Under Section 409, IPC was maintained.3. The case against the petitioner's husband was registered on the basis of a report lodged at P.S., Bundi on 15-11-74 by one Smt. Saroj Nag, the then Head Mistress of Government School, Bundi, wherein it was alleged that the petitioner's husband Ramkishan was an LDC in the said school and he committed an embezzlement of Rs. 500/-and also fabricated the record of the school which was detected by an audit report. After completing the investigation, a charge sheet was submitted Under Section 409, ...
Navratan JaIn Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jan-28-1986
Reported in: 1987(2)WLN671
Guman Mal Lodha, J.1. The appellant, Navratan Jain, has filed this appeal against the judgment of the trial court where by he has been convicted and sentenced as under:Under Section 18(i)(iv) and Section 18(c) 1 years RI with a fine3 of Rs. 1000/-Read with Section 27 of the Drugs and in default, 4 month RI.Cosmetics Acts, 19402. According to the prosecution, on 23-11-1975 noon, A.H. Sarswat (PW 1) Drug Inspector, Kota, inspected the shop of the appellant in village Raipur. The inspection was of M/s Navratan Mal Bachhraj where the appellant was present. Allopathic drugs exhibited for sale were available there. The documents of purchase and sale were demanded by the Inspector but the appellant failed to produce them. He also failed to produce licence. 20 species of medicines of drugs were found in the shop which were sealed.3. A complaint then was filed against the accused in the court of Munsif & Judicial Magistrate, Jhalawar, who committed the accused to the courts of Sessions for tria...
Ananullah Khan Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jan-27-1986
Reported in: 1986(1)WLN769
Gopal Krishna Sharma, J.1. This is an appeal under Section 454 Cr.PC against the judgment of learned Addl. Sessions Judge, Baran, by which he ordered to confiscate the gun seized by the police during the investigation.2. Gopal Lal Gujar, filed a complaint at Police Station, Modpur, on 4th April, 1983, to this effect that he was grazing his cows towards Utawali river and he was sleeping under the shed of a black berry tree. Then 8 or 10 persons, out of these 3 persons were armed with gun & others were armed with Lathis reached there and told him that he had' gone with Banjaras to lodge the report at the Police Station and they fired the gun towards him with the intention of killing him. On hearing the sound of the gun Mohanlal, Latoor and another Mohan reached there running. On seeing these persons the assailants ran away from there. The assailants were chased by Mohan and others. They caught two persons out of them and their gun was snatched away. On this report case was registered und...
Rakesh Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jan-24-1986
Reported in: 1987CriLJ1342; 1986(1)WLN715
ORDERMahendra Bhushan Sharma, J.1. The short question involved in this revision petition is as to whether in the facts and circumstances of this case the learned Magistrate should have ordered under Section 322 of the Code of Criminal Procedure, that the case should be sent to the Court of Chief Judicial Magistrate, Ajmer or he should have returned the case under Section 201 Cr. P.C. for being presented to a Magistrate having jurisdiction?2. One Mr. K. V. P. Nair, Health Inspector/Food Inspector, Western Railway, Navli Junction inspected the refreshment stall of M/s Anandilal Khatri at Navli Junction on Dec. 25, 1985. He took a sample of groundnut oil from the owner of the stall. The sample was sent to the Public Analyst and the Public Analyst (Public Health Laboratory) Udaipur, found that the sample was adulterated as it did not conform to the prescribed standard of purity. After obtaining the sanction for prosecution of the accused-petitioner under Section 20 of the Prevention of Foo...
Subh Machinery Corporation Private Limited Vs. Pesticides India
Court: Rajasthan
Decided on: Jan-24-1986
Reported in: 1986(1)WLN427
Kishore Singh Lodha, J.1. This is a defendant's revision against the order of the learned Additional District Judge, Udaipur dated 6-11-1984 by which he restored the suit of the plaintiff-non-petitioner which was earlier dismissed on 1-8-1981 holding that although the order dated 1-8-1981 purported to be passed under Order 17, Rule 3 Civil PC it must be deemed to have been passed under Order 17, Rule 2 CPC.2. I have heard the learned counsel for the parties and have gone through the record.3. The only question agitated before me by the learned counsel for the petitioner is that the order dated 1-8-1981 dismissing the suit was really under Order 17, Rule 3 CPC as it purported to be and could not have been deemed to have been passed under Order 17, Rule 2, CPC and, therefore, the learned Addl. District Judge was wrong in restoring the suit.4. For the appreciation of this contention, a few facts leading to the dismissal of the suit may be mentioned. The plaintiff Pesticides India had file...
Sharwan Kumar Bagla Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Jan-24-1986
Reported in: 1986WLN(UC)275
Sobhag Mal Jain, J.1. An agreement between the petitioner and the trustees of respondents No. 5 and 6 has been arrived at and the terms agreed upon between the parties have been incorporated in the minutes of the meeting held on the 27th December, 1985 and a copy of the said minutes has been placed on record. An application to take the agreement on record has also been filed, The counsel for the parties submit that the writ petition can be disposed of in terms of the said agreement. The counsel however, urge that condition No. 3 may be suitably re-drawn by giving a direction to to the Government to spend towards the repairs of existing building amount of sale proceeds received by way of auction of the Malba of the demolished building and now in deposit with the Government.2. In view of the agreement arrived at between the parties and the submissions made by their counsel, the writ petition deserves to be decided in terms of the agreement subject to the modification suggested by the cou...
State of Rajasthan Vs. Kishan Lal
Court: Rajasthan
Decided on: Jan-24-1986
Reported in: 1986WLN(UC)71
Jas Raj Chopra, J.1. This appeal is directed against the judgment of learned Addl. Munsif and Judicial Magistrate, Udaipur dated January 2, 1978 whereby the learned lower court has acquitted accused Kishan Lal of the offence Under Section 353 IPC.2. The facts of this case briefly stated are: that the Forest Ranger Shri Gobind Singh found that the forest produce is being illegally brought into Udaipur City and, therefore, for the purpose of checking . he constituted two Checking Parties consisting of Bheru Singh, Laxman, Sohan Lal Sankhla, Om Prakash, Bhana and Govind Singh for the night checking and Inder Singh, Sohan Singh, Devi Singh, Laxmi Lal, Bhawani Singh, Madan Lal and Faiz Mohammed for the day checking vide Order (Ex. 10) dated April 21, 1975. It is alleged that the Checking Party headed by Shri Inder Singh proceeded for the checking of the forest produce at village Tiddi in the morning of July 26, 1975 at about 6 a.m. This checking Party went to the house of Shri Kishan Lal be...
State of Rajasthan Vs. Shanker Lal
Court: Rajasthan
Decided on: Jan-24-1986
Reported in: 1986WLN(UC)698
Jas Raj Chopra, J.1. This appeal is directed against the judgment of the learned Chief Judicial Magistrate, Chittorgarh dated November 26, 1977 whereby the learned lower court has acquitted the accused-respondent Shankarlal of the offence under Section 3/7 of the Essential Commodities Act, 1955 (here in after referred to as 'the Act') read with Condition No. (3) of the Licence of Rajasthan Hydrogenated Vegetable Oil Dealers Licensing Order, 1968 (for short 'the Order').2. The facts necessary to be noticed for the disposal of this appeal briefly stated are: that on November 12, 1974, 20 tins of vegetable oil were being carried on the roof of Bus No. RJY 1874 which was going from Chittorgarh to Arnod. The SHO, Chittorgarh got information that accused Shankerlal was carrying these 20 tins on the roof of the Bus. He therefore, informed Head Constable Incharge of the Police Station, Nimbaheda. The Head Constable Nimbaheda checked the bus and found these 20 tins of vegetable oil lying on the...
Pratap Chitrapat Vs. Commissioner of Income-tax
Court: Rajasthan
Decided on: Jan-23-1986
Reported in: (1987)60CTR(Raj)83; [1987]153ITR556(Raj)
S.K. Mal Lodha, J.1. The Income-tax Appellate Tribunal, Jaipur Bench, Jaipur (hereinafter referred to as 'the Tribunal'), has referred the following question of law for the opinion of this court, which is said to arise out of its order dated July 25, 1981, passed in I. T. Appeal No. 422/JP/1980 relating to the assessment year 1978-79 :'Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that on the death of Shrimati Hari Bai (partner) on September 22, 1977, the firm stood dissolved and, therefore, two separate assessments for the two different periods should have been made ?'2. Chhaganlal, Ram Chandra, Kailashchandra, Sureshchandra and Smt. Hari Bai constituted a partnership under a deed dated July 12, 1972. Registration was granted to the firm in respect of the assessment year 1973-74 and this registration continued up to the assessment year 1977-78. One of the partners, Smt. Hari Bai, died on September 22, 1977. The firm stood automatically d...
Ram Lal Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jan-23-1986
Reported in: 1987(2)WLN412
Guman Mal Lodha, J.1. This criminal revision petition is against the judgment upholding the conviction and sentence of the petitioner under Section 25(1)(a) of the Indian Arms Act, 1959 to one year RI with a fine of Rs. 1,000/-, in default, six month RI as passed by the trial court.2. The petitioner was prosecuted under Section 25(1 )(a) of the Indian Arras Act, 1959. This case is an off shoot of sessions case No. 28/75 in which the petitioner stood convicted under Section 452 IPC. and sentenced to 2 year's R.I. with the fine of Rs. 1,000/-. Against the aforesaid conviction, SB. Criminal Appeal No. 948/76 has been filed.3. The prosecution case is that the accused petitioner was arrested on 26-3-1975 in FIR No. 11/75 under Sections 452 & 307, IPC. It is alleged that at 1.30 at night on 27-3-1975, the petitioner gave an information to the Investigating Officer under Section 27 of the Indian Evidence Act and it is alleged (hat he got a country made pistol recovered in the presence of motb...
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