Rajasthan Court April 1986 Judgments
Chote Lal Vs. Kalyan Prasad and ors.
Court: Rajasthan
Decided on: Apr-30-1986
Reported in: AIR1987Raj75; 1986(2)WLN234
Mohini Kapur, J.1. The question which arises or determination in this revision is about the urisdiction of the trial Court after the matter has been remanded to it by the appellate Court. In this case, a suit for partition of property was filed in the Court of Civil Judge, Bharatpur, who decreed the suit on 27-9-1976. In an appeal before the Additional District Judge, Deeg (Bharatpur), a certified copy of one document was admitted in evidence under CX41, Rule 27, C.P.C. The appellate Court allowed the appeal and set aside the judgment of the learned Civil Judge and issued a direction at the time of the remand that the plaintiff and defendant shall be given an opportunity to prove or disprove the document and thereafter the decision should be given. After the matter went back to the learned Civil Judge, the non-petitioners moved an application under Order 13, Rule 2, C.P.C. for the production of a document and this was admitted by the impugned order by the learned Civil Judge and the sa...
Tag this Judgment!Smt. Budhwant Kaur Vs. Rawat Singh and ors.
Court: Rajasthan
Decided on: Apr-29-1986
Reported in: AIR1988Raj1; 1987(1)WLN253
Inder Sen Israni, J.1. This is a Civil Misc. Appeal under Section 384 of the Succession Act, 1925 against the judgment dated 26-4-1985 passed by the District Judge, Jhalawar in Civil Misc. Case No. 11/82, whereby the applicationof the appellant dated 11-4-1985 for issuing succession certification has been dismissed and the court-fee stamps submitted by him have been ordered to be refunded to the appellant.2. Briefly stated the facts of this case are that on 6-7-1982 the appellant filed an application under Section 372 of the Succession Act, 1925 (hereinafter referred to as 'the Act') in the court of learned Distt. Judge, Jhalawar with the averment that Shri Sardar Singh s/o Shri Karam Singh who was the husband of the appellant died in an accident. An application for grant of succession certificate was filed by the appellant and the non-petitioners sons and daughters of deceased Sardar Singh had raised no objection to the issue of succession certificate to her, which was regarding the w...
Tag this Judgment!Beharilal Ishwardass Vs. Commissioner of Income-tax
Court: Rajasthan
Decided on: Apr-29-1986
Reported in: (1986)56CTR(Raj)341; [1987]164ITR274(Raj)
S.C. Agrawal, J. 1. In this reference made under Section 256(1) of the Income-tax Act, 1961 (hereinafter referred to as 'the Act'), the Income-tax Appellate Tribunal, Jaipur Bench, Jaipur (hereinafter referred to as 'the Tribunal'), has referred the following question for the opinion of this court:'Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that no appeal lay to the Appellate Assistant Commissioner against an order under Section 184(7) of the Income-tax Act, 1961 ?'2. M/s. Beharilal Ishwardass (hereinafter referred to as 'the assessee') is a partnership firm. It was registered for the purpose of the Act for the assessment year 1969-70 and was assessed as a registered firm. For the assessment year 19 70-71, the assessee filed a return on October 19, 1970, but along with the said return, the assessee did not submit the required declaration for continuation of registration of the firm in Form No. 12. The assessee filed a revised retur...
Tag this Judgment!Usman Gani Vs. Registering Authority (District Transport Officer)
Court: Rajasthan
Decided on: Apr-29-1986
Reported in: 1986WLN(UC)176
Suresh Chand Agrawal, J.1. This Special Appeal has been filed by the appellant Usman Gani against the order dated January 4, 1985, passed by the learned Single Judge whereby the writ petition filed by the appellant challenging the validity of the order dated July 30, 1983/August 1, 1983, passed by the Registering Authority (District Transport Officer) Udaipur respondent No. 1 (here in after referred to as the Registering Authority; has been dismissed.2. The appellant is the owner of the Motor Vehicle (bus) bearing No. R.J.Y. 6095. In the registration certificate of (he said motor vehicle, it is recorded that the seating capacity of the said vehicle is 52 excluding driver and conductor. The appellant gave a notification dated February 28, 1983, under Section 32 of the Motor Vehicles Act, 1939 (Act No. V of 1939) (here in after referred to as the Act to the Registering Authority whereby he intimated that he was a registered owner of the vehicle No. R.J.Y. 6095 with the seating capacity o...
Tag this Judgment!Kishna and anr. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Apr-29-1986
Reported in: 1986WLN(UC)261
Jas Raj Chopra, J.1. This is an appeal against the judgment of the learned Additional Sessions Judge No. 2 Alwar dated 21-7-1975 whereby the learned Sessions Judge has held the accused Kishna and Amichand guilty of the offence under Sections 147, 302/149, 307/149, 325/149 and 323/149 and has sentenced each one of them to one year's rigorous imprisonment on the first count; to imprisonment for life and a fine of Rs. 500/- and in default of payment of fine to further undergo three months rigorous imprisonment on the second count; to 7 years rigorous. imprisonment and a fine of Rs, 500/-and in default, to undergo three months' rigorous imprisonment on the third count and to two years rigorous imprisonment and a fine of Rs. 200/-and in default, to undergo one months rigorous imprisonment on the fourth count and to three months rigorous imprisonment on the last count. Accused Amichand was further convicted under Section 148 IPC and sentenced to one year's rigorous imprisonment. All the subs...
Tag this Judgment!Narpat Singh Vs. State of Rajasthan
Court: Rajasthan
Decided on: Apr-29-1986
Reported in: 1986WLN(UC)673
Shyam Sunder Byas, J.1. Heard.2. It has been urged on behalf of the accused that his marriage is going to take place on May 12, 1986 and for that purpose his sentence be suspended. The aforesaid fact has not been controverted by the learned Public Prosecutor.3. Taking into consideration the aforesaid circumstance, we are inclined to allow this application for suspension of sentence in order to allow the accused petitioner to get his marriage performed.4. Appellant Narpat Singh shall be released on bail for the period of two months from April 29, 1986 to June 28,1986 on his furnishing a personal bond in the amount of Rs. 6,000/- together with two sureties each in the amount of Rs. 3,000/- to the satisfaction of the learned Sessions Judge, Balotra. The accused will surrender himself on June 29, 1986 before the Superintendent, Central Jail, to serve out the sentence....
Tag this Judgment!Commissioner of Income-tax Vs. Tyaryamal Balchand
Court: Rajasthan
Decided on: Apr-28-1986
Reported in: (1987)65CTR(Raj)328; [1987]165ITR453(Raj)
Inder Sen Israni, J. 1. This income-tax reference under Section 256(2) of the Income-tax Act has been sent by the Income-tax Appellate Tribunal, Rajasthan. This court, vide its order dated July 5, 1973, in D.B. Income-tax Case No, 84 of 1972, had directed the Tribunal to draw up the statement of case arising out of the Tribunal's order in Income-tax Appeal No. 2288 of 1969 in respect of the assessment year 1966-67 and refer the same to this court for its opinion. 2. The assessee-respondent is a firm and derives its income from the sale of jewellery, curios, presentation articles, etc. While examining the account books of the assessee, the Income-tax Officer noted that there were deposits from various persons on different dates aggregating to Rs. 16,950. These deposits were paid off to the various parties before the close of accounting year itself, so that the balance of none of them was reflected in the balance-sheet. The Income-tax Officer required the assessee under Section 143(3) to...
Tag this Judgment!Smt. Rameshwari Devi Vs. Smt. Gunwanti
Court: Rajasthan
Decided on: Apr-28-1986
Reported in: 1986WLN(UC)200
Kishan Mal Lodha, J.1. Heard.2. This appeal is directed against the order dated February 8, 1984 of the District Judge, Jodhpur, by which he declined to pass an order on the application filed under Order. XXXIX, Rr. 1 and 2 and Section 151 Cr.PC read with Section 195 of the Succession Act.3. A few facts may be recalled. One Sudhir Kumar Pareek died on November 12, 1983 at Doha (Qatar) Arbian Gulf in a motor accident. His cargo was sent from Qatar by air and the same was detained by the Custom Authorities at Bombay Air Port vide detention memo No. 15414 dated November 18, 1983. The appellant, who is mother of deceased Sudhir Kumar submitted an application under Section 278 of the Indian Succession Act, 1925 (for short 'the Act') for the grant of Letters of Administration regarding the property of the deceased Sudhir Kumar, before the District Judge, Jodhpur. The Letters of Administration was claimed by the appellant on the ground that she is Class I heir of the deceased under the provis...
Tag this Judgment!Mahaveer Prasad Vs. Manmohan and ors.
Court: Rajasthan
Decided on: Apr-26-1986
Reported in: 1986WLN(UC)147
Kishan Mal Lodha, J.1. This appeal under Section 110-D of the Motor Vehicles Act, 1939 (No. IV of 1939) (here in after referred to as 'the Act') is directed against the order dated August 5,1985 passed by the Motor Accidents Claims Tribunal, Churu ('the Tribunal' here in) under Section 92-A of the Act.2. The claimants, who are respondents Nos. 1 and 2 filed claim for compensation as the death of Ashok alias Tappu has resulted from an accident which took place on May 5,1984 by Truck No. RJI 3382 in the way-Sujangarh to Salasar. In the claim under Section 110-A, a sum of Rs. 5,82,000 was claimed. An application under Section 92-A of the Act for ordering payment of a sum of Rs. 15,000/-. The Tribnnal, by its order dated August 5, 1984, ordered that a sum of Rs. 15,000/-be paid as compensation on the principle of 'no fault'. As the amount of Rs. 15,000/- was ordered to be paid by the owner-appellant, who was also the driver of the truck, he has filed this appeal praying that the Tribunal s...
Tag this Judgment!Vibha Vs. State of Rajasthan
Court: Rajasthan
Decided on: Apr-26-1986
Reported in: 1986WLN(UC)285
Jas Raj Chopra, J.1. This is an appeal against the judgment of the learned Sessions Judge, Jalore dated June 28, 1978 whereby the learned lower court held the accused-appellant Vibha guilty of the offence under Section 326 IPC and has sentenced him to three yeats' rigorous imprisonment together with a fine of Rs. 500/- and in default, to undergo three months' rigorous imprisonment.2. The facts of this case briefly stated are that on January 23, 1978, complainant Vibha was sitting on the Bus Stand near the cinema in the town of Sanchore. Accused Vibha's brother Dhira sold some land to the complainant in Samvat 2030 through a registered sale deed. This was ancestral land and at the time of the sale, accused was minor. When he attained the majority, he tried to take back the possession of this land and he was always giving threats to him that either he should leave this field or he may be killed. To fulfill that threat, it is alleged that on January 23, 1978 at about 3 p.m., the accused c...
Tag this Judgment!- ‹ Prev
- 2
- 3
- 4
- 5
- 6
- 7
- 8
- Next ›
- Last »