Rajasthan Court January 1986 Judgments
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Vimla Srivastava Vs. Smt. Rajnidevi Sharma and ors.
Court: Rajasthan
Decided on: Jan-02-1986
Reported in: [1988]64CompCas613(Raj)
Kasliwal, J. 1. The learned Single judge has referred the following question for decision by a larger Bench :' Whether, after the decision of the Supreme Court in Motor Owners' Insurance Co. Ltd. v. Jadavji Keshavji Modi [1982] 52 Comp Cas 454 ; [1983] ACJ 507, the liability of the insurance company for the purpose of Sub-clause (4) of Section 95(2)(b)(ii) of the Motor Vehicles Act, 1939, continues to be limited to the extent of Rs. 10,000 in the case of passengers travelling in cab and Rs. 5,000 in the case of passenger travelling in other vehicles or, Sub-clause (4) would give way to the above judgment and the liability would be governed by Sub-clauses (1), (2) and (3) depending upon the number of passengers for which the vehicle is registered '.2. Brief facts of the case are that on May 27, 1971, taxi No. RJT 226 was coming from Ajmeer to Jaipur and Fiat car No. RJR 138 was going in the opposite direction from Jaipur to Ajmeer. When the Fiat car reached about 9 kms. ahead of Dudu ne...
Commissioner of Income-tax Vs. Rajasthan Wool Agencies
Court: Rajasthan
Decided on: Jan-02-1986
Reported in: (1986)54CTR(Raj)392; [1986]160ITR358(Raj)
S.K. Mal Lodha, J.1. The Income-tax Appellate Tribunal, Jaipur Bench, Jaipur ('the Tribunal' herein), has referred the following question of law for the opinion of this court:'Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the loss of Rs. 42,000 claimed by the assessee was a trading loss and not a speculation loss ?'2. The assessee is a partnership concern. The assessment year under consideration is 1974-75. The relevant previous year ended on March 31, 1974. In the previous year, the assessee derived income from adat and dealing on own account in wool. The assessee's income in commission account was Rs. 1,23,222. A gross profit of Rs. 8,431 was shown from the dealings on account of sale of Rs. 11,93,226. The Income-tax Officer at the time of the scrutiny noticed a payment of Rs. 42,000 to : (1) M/s. Minerva Hosiery Mill Pvt. Ltd., and (1) M/s. Swadeshi . The amount of Rs. 42,000 represented the amount paid as damages for non-performa...
Suraj Mal Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jan-02-1986
Reported in: 1986(1)WLN545
Dinkar Lal Mehta, J.1. These appeals are directed against the judgment dated 31-8-1978 passed by the learned Sessions Judge, Tonk in Sessions Cases Nos. 19 and 26 of 1978 convicting the appellant Suraj Mal under Section 302, IPC and sentencing him to imprisonment; for life.2. The prosecution story unfolded during the trial is that Sheodan arranged a community lunch and all the accused attended the lunch on 2-4-1978. After taking the lunch, all of them were returning and they sat near the Khalyan of the deceased Bhanwar Lal. Altercation took place and during the course of altercation Suraj Mal inflicted one Tirpoy Lathi blow on the head of the deceased Bhanwar Lal. First Information Report of this incident was lodged by Gopi (PW 1) on the same day at 11.55 p.m. at Police Station, Toda Rai Singh. On behalf of the prosecution eight witnesses have been examined. PW 1 Gopi, PW2 Prem Lal & PW 3 Devi Lal are the eye witnesses of the occurrence. PW 8 Dr. Ramesh Chand Bakliwala has conducted th...
Govind Lal S/O Kishan Lal Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jan-02-1986
Reported in: 1987(2)WLN620
Guman Mal Lodha, J.1. This is an appeal against the judgment where by Govind Lal, the accused appellant, was convicted and sentenced as under: under Section 161, IPC - 3 months' SI with fine of Rs. 100/- in default, one month's SI; under Section 5(2) read with - 1 year's SI with fine of Rs. 200/- in Section 5(1)(d) of the Prevention default, two month's SI. of Corruption Act, 19472. Both the substantive sentences were ordered to run concurrently.3. Govindlal, the appellant, a peon employed in the court of the City Magistrate, Kota, on March 13, 1974, was charged with the offences punishable under Section 161, IPC, and 5(2) reed with Section 5(1)(d) of the Prevention of Corruption Act, 1947, for the alleged acceptance of Rs. 15/- as gratification other than legal remuneration from one Arjun Lal Kapoor on March 13, 1974. The facts giving rise to this litigation are that, the decoy-Arjunlal was challaned by one Shop-Inspector, Kota for the offences under the Shop Act on November 7, 1973 b...
Vimla Srivastava Vs. Rajnidevi Sharma and ors.
Court: Rajasthan
Decided on: Jan-02-1986
Reported in: 2(1986)ACC493
N.M. Kasliwal, J.1. Learned Single Judge has referred the following question for decision by a larger bench:Whether after the decision of the Supreme Court in Motor Owner's Insurance Co. Ltd. v. Jadavji Keshavji Modi 1983 ACJ p. 507 the liability of the insurance company for the purpose of Sub-clause (4) of Section 95(2)(b)(ii) of the Motor Vehicles Act, 1939, continues to be limited to the extent of Rs. 10,000/- in the cases of passenger travelling in Cab and Rs. 5,000/- in the cases of passenger travelling in other vehicles or, Sub-clause (4) would give way to the above judgment and the liability would be governed by Sub-clauses (1), (2) and (3) depending upon the number of passengers for which the vehicle is registered ?Brief facts of the case are that on May 27, 1971 Taxi No. RJT 226 was coming from Ajmer to Jaipur and Fiat Car No. RJR 138 was going in the opposite direction from Jaipur to Ajmer. When the Fiat car reached about 9 Kms. ahead of Dudu near Parsoli village, the Taxi an...
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