Rajasthan Court February 1986 Judgments
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Nathu Lal and ors. Vs. Ram Swaroop and ors.
Court: Rajasthan
Decided on: Feb-21-1986
Reported in: AIR1987Raj169; 1986(2)WLN674
S.N. Bhargava, J.1. This is a second appeal directed against the judgment and decree of Civil Judge, Jaipur Distt. Jaipur reversing the decree passed by Munsif, Bandikui and decreeing the suit of the plaintiff-respondents for injunction.2. The plaintiff-respondents are tenants of shop No. 57 situated in the grain-market known as 'Madho Ganj' in Bandikui town. The said shop formerly belonged to the erstwhile Jaipur State and now, after formation of theState of Rajasthan, it belongs to the State of Rajasthan. There is an open piece of land measuring 30' x 13' in front of the said shop to its East. Towards the North of the said shop, there is a Government building known as 'Rahdari' having a window and a small door 'Pai'. The said building had been purchased by the defendant-appellants. The plaintiff's have been using the open plot of land in front of their shop for stocking and exhibiting the grains in which business they are dealing for the last 45 years. The defendant Nos. 1 to 4 have ...
Har Sahai Vs. State of Rajasthan
Court: Rajasthan
Decided on: Feb-21-1986
Reported in: 1986(2)WLN10
Narendra Mohan Kasliwal, J.1. The case of the petitioner is that he was a candidate for the office of Pradhan, Panchayat Samiti, Lalsot, whose election was held on 26-12-81. The respondent No. 5 Shri Ram Roop Mishra was declared elected as Pradhan of Panchayat Samiti, Lalsot, defeating the petitioner by a margin of 10 votes.2. The allegation of the petitioner is that the Government of Rajasthan vide notification dt. 14-12-81 published in the Rajasthan Gazette extraordinary dated 15th December, 1981, notified the programme for the election to the office of Pradhan of various Panchayat Samilies in the State of Rajasthan. This notification was issued in exercise of the powers of the State Government vested in it under 3 of the Rajasthan Panchayat Samitis and Zila Parishads (Election of Pradhan and Pramukh) Rules, 1979 (here in after referred to as the rules). According to the above notification, the election programme for the office of Pradhan, Panchayat Samiti, Lalsot, District Jaipur wa...
Prabhu Dayal Vs. State of Rajasthan
Court: Rajasthan
Decided on: Feb-21-1986
Reported in: 1986(2)WLN232
Guman Mal Lodha, J.1. A Police Constable has again done it and reminded Supreme Court that though rightly expunged, Justice Mulla had some point of relevance in his classical observations against the Indian Police Force. The Police Station has been reduced to, brothel for exploitation of even insane female beggar, which even Mulla did not anticipate.2. 'A God cursed insane, poor lady, loitering' like the beggar on the main through fare of outside the S.M.S. Hospital, Jaipur was taken to the Police outpost meant for providing protection to the victims, poor destitutes and yet the protector became a rapist by committing rape on poor beggar. A Police Constable has again damaged, blackened and spoiled the image of the Police Force of India. Committing the double crime first of losing control by drinking liquor and then provoking upon sexual lusts becoming worst than chattel, the appellant caught hold of an insane lady, taking her inside the outpost and started fulfilling the sexual lust.3....
Bhopala Ram and Pyare Lal Vs. State of Rajasthan
Court: Rajasthan
Decided on: Feb-21-1986
Reported in: 1987(2)WLN617
Guman Mal Lodha, J.1. A typical case of abuse of process of the court has come to limelight during the arguments of this appeal which has been filed by two accused-appellants against their conviction and sentence under Section 363, IPC, of two years rigorous imprisonment with a fine of Rs. 500/- in default, 6 months' R.I.2. It is surprising and shocking how the accused-appellants have been convicted? The story which is unfolded, it self is interesting and revealing. It all centre-rounds the alleged kidnapping of Mst. Budho which again is having its pivot in the kidnapping of boy, Ram Gilas. It would be untraditional but, I would like to mention the facts first, which I have found out on a through screening of the record after hearing the learned Counsel for the parties.3. Ram Gilas aged 13 years was grazing the cattle when four persons out of whom three had guns, had caught hold of him and kidnapped him.4. A report was lodged by Ram Chandra S/O Phoolya of this incident who is brother o...
State of Rajasthan Vs. Halu and ors.
Court: Rajasthan
Decided on: Feb-21-1986
Reported in: 1986WLN(UC)166
Shyam Sunder Byas, J.1. By leave, the State has come-up in appeal and challenges the judgment of the learned Additional Sessions Judge, Banswara dated September 2,1974, by which the accused-respondents Halu, Nanka and Puniya were acquitted of the offence under Section 302 or 302/34, I.P.C2. At about 8.30 p.m. on July 13,1973, PW 1 Dharji appeared at Police Station, Banswara and verbally lodged report Ex. PI. It was stated therein that at about 4.30 p.m. on that day his brother Kanji (the deceased-victim) his wife Mst. Sajjana (PW 4), his brother Dhanji (CW 1) and his wife were cleaning the grass-bundles in the river near their fields situate in Mauja Sakwadiya. He was up-rooting the grass in his field. The three accused Halu, Nanka and Puniya came there. Accused Halu had an axe with him while the remaining two had lathies. Accused Halu struck blows on the head of Kanji with his axe and the other two accused struck blows to him with their lathies. The accused Nanka and Puniya also struc...
Commissioner of Income-tax Vs. Seth Abdulla Yusuf
Court: Rajasthan
Decided on: Feb-20-1986
Reported in: [1986]159ITR810(Raj)
Agrawal, J. 1. In this reference made by the Income-tax Appellate Tribunal, Jaipur Bench, Jaipur (hereinafter referred to as 'the Tribunal'), the following question has been referred 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 expenditure of Rs. 7,945 incurred on providing meals to its trade constituents and tea and soft drinks, etc., to the customers is not expenditure within the meaning of Section 37(2B) of the Income-tax Act, 1961, and is allowable as deduction in computing the total income for the assessment year 1974-75 ?'2. M/s. Seth Abdulla Yusuf, hereinafter referred to as the assessee, is a registered firm. It derives income as commission agent in fruits and vegetables. In respect of the assessment year 1974-75, the assessee claimed deduction of Rs. 7,945 as business expenditure on account of expensesincurred in providing refreshments such as tea, soft drinks, etc., to the customers who ...
Mahendra Kumar Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Feb-20-1986
Reported in: 1987CriLJ627; 1986(1)WLN502
ORDERI.S. Israni, J.1. This is a contempt petition filed Under Section 12 of the Contempt of Courts Act, 1971 by one Mahendra Kumar bringing to our notice that the non-petitioners-accused have committed contempt of Court by wilfully disobeying the stay order passed by this Court dt. 15-11-1984 which has been marked as Annex. A. It is submitted by the petitioner that a stay application numbered as D.B. Second Stay Application No. 280/1984 was filed and after hearing both the parties this Court passed an order whereby the contemners were directed to prepare the inventory of the liquor incorporating its Brand in the presence of the petitioner-appellant or his representative before the auction of the liquor was made on 16-11-1984.2. It is further stated that the representative'75f the petitioner submitted an application to the non-petitioner contemner No. 3 on 16-11-1984 before the beginning of the auction. He made a request that before the auction is started the inventory should be prepar...
Jagdish Chandra Vs. Smt. Hemlata and ors.
Court: Rajasthan
Decided on: Feb-20-1986
Reported in: 1986(1)WLN591
Kishore Singh Lodha, J.1. This revision has been filed by Shri Jagdish Chandra against the order dated 4-4-1984 passed by the learned Chief Judicial Magistrate, Sirohi rejecting his objections to the notice issued to him under Section 125(3) Cr.PC for the enforcement of the maintenance awarded to the non-petitioner for a period from 5-4-1983 to 5-9-1983.2. Two separate applications were filed by Smt. Hemlata for the recovery of the maintenance awarded to her Under Section 125(1) Cr. PC. The first was for the period 5-4-83 to 5-5-83 and the second for the period 6-5-83 to 5-9-83. Notices of these applications were issued to the present petitioner to file his replies to both of them. The replies were identical and raised three grounds about sufficient cause for not complying with the order Under Section 125(1) Cr. PC. The first ground was that the present petitioner was ready and willing to maintain Smt. Hemlata if she came and stayed with him (ii) that the parties' were living separatel...
Abhaya Singh Vs. State of Rajasthan
Court: Rajasthan
Decided on: Feb-20-1986
Reported in: 1986WLN(UC)82
Farooq Hasan, J.1. This revision petition is directed against the order dated 20-5-80 passed by the Addl. Sessions Judge No. 2, Alwar.2. Briefly stated the facts of the case are that a case against the accused petitioner was registered Under Section 420, 409, 467, 468 and 471 IPC on the basis of the report lodged by one Shri Chajju Singh. In this report it has been alleged that in a Family Planning Camp organised at Tijara, the accused petitioner mis-appropriated Rs. 10/-. The payment shown by the accused petitioner in favour of Vimla Devi, Ramkali, Kamla Devi and Ganga Devi is false and fabricated. Actually no payment has ever been made to these ladies. After receipt of the report the investigation was conducted and accused petitioner was found guilty under the said sections of the IPC by the Investigation Officer. A challan was filed against the accused petitioner in the court of Additional Munsif Magistrate No. 1, Alwar who by the order dated 23-6-1977 discharged the accused petitio...
Jagdish Chandra Vs. State of Rajasthan
Court: Rajasthan
Decided on: Feb-19-1986
Reported in: 1986(1)WLN431
Shyam Sunder Byas, J.1. By his judgment dated September 16, 1980 the learned Sessions Judge, Pratapgarh convicted the accused Jagdish Chandra Under Sections 302, IPC and 27 of the Arms Act and sentenced him to imprisonment for life with a fine of Rs. 500/-, in default of the payment of fine to further undergo three months' rigorous imprisonment of the first count and three years' rigorous imprisonment on the second count. Sentences were directed to run concurrently. The accused has come-up in appeal to challenge his conviction.2. Abdul Rahim the deceased victim in the case - was a resident of Bassi P.S. Vijaypur district Chittorgarh. The accused is, also a resident of the same town. He had, however, migrated to Chittorgarh, but at times used to come to Bassi. When the accused was at Bassi, he used to live in a shop shown by digit '8' in site plan Ex. P 3. At about 8.30 a.m on May 12, 1979, PW 2 Rajmal Teli was taking his bullock-cart loaded with grass-bundles to his house. The cart was...
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