Rajasthan Court May 1986 Judgments
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income-tax Officer Vs. Income-tax Appellate Tribunal and anr.
Court: Rajasthan
Decided on: May-07-1986
Reported in: [1987]168ITR809(Raj)
A.K. Mathur, J.1. The petitioner by this writ petition has challenged the order dated October 15, 1985 (annexure-3) on the ground that the Income-tax Appellate Tribunal, Jaipur Bench, Jaipur, respondent No. 1,herein, had no jurisdiction under Section 254(2) of the Income-tax Act, 1961 (hereinafter referred to as 'the Act'), to review its own order, Respondent No. 2 is the karta of a Hindu undivided family. A survey was conducted in the premises of the assessee under Section 133A on August 18, 1979, and a number of documents and papers were seized from the business premises as well as from the residence of the assessee. The Income-tax Officer, Special Investigation Circle-I, Jodhpur, the petitioner herein, assessed respondent No. 2 and made an addition of Rs. 80,000 to the income for the assessment year 1978-79. Respondent No. 2 preferred an appeal before the Appellate Assistant Commissioner, Jodhpur, who dismissed the appeal filed by respondent No. 2. Thereafter, respondent No. 2 prefe...
State of Rajasthan Vs. Pooran and 2 ors.
Court: Rajasthan
Decided on: May-07-1986
Reported in: 1986(2)WLN311
Farooq Hassan, J.1. This appeal has been presented against the judgment dated 30-11-1977 passed by the Sessions Judge, Bharatpur in Sessions Case No. 40/77 where by the learned Sessions Judge acquitted the respondents from all the charges levelled against them.2. Briefly stated, the facts of the case are that Ram Prasad (PW 1) lodged a report at P.S. Kumher on 8-3-1977 at 10 a.m. It was alleged in that report that on 6-3-1977 at about 10 a.m. the informant and his father Roop Kishore were harvesting the mustard crop in their Khalyan. At that time, the accused-respondent Pooran, Laxman and Brijwasi went to the Khalyan of the informant armed with spade and lathis with the intention to commit murder of Roop Kishore. Brijwasi gave threatening to his father that Roop Kishore is a great litigant and he had instituted a lot of cases against them (accused) and as such they are facing a lot of trouble. Therefore, we will finish Roop Kishore today. After this threatening accused Laxman and Brijw...
Dhanna Lal (Now Smt. Meera Devi Wd/O Dhanna Lal and ors.) Vs. Chhagan ...
Court: Rajasthan
Decided on: May-07-1986
Reported in: 1987WLN(UC)697
Inder Sen Israni, J.1. This is a Misc. Appeal under Section 72(2) of the Provincial Insolvency Act, 1920 (here in after referred to as 'the Act') against the order of adjudication passed by the learned Additional District Judge No 1. Jaipur City, dated December 11, 1971, on an application filed under Section 7 of the Act, 1920 in Misc. Case No. 2/70.2. An application was filed by respondent Chhaganlal in the lower court on 21-1-1969 under Section 7 of the Act, stating that he has debts worth Rs. 10,000/- to Rs. 11,000/- over him and he has no property to pay these debts. A list of the creators along with their amount was also mentioned therein. It was prayed therein that he may be adjudged to be insolvent. Notices were issued to the creditors who also filed affidavits. Issues were framed in the matter and after hearing the parties, learned Additional District Judge came to he conclusion vide order under appeal that the applicant, prima-facie, is an insolvent and he had disclosed his as...
Murari Lal Vs. State of Rajasthan
Court: Rajasthan
Decided on: May-07-1986
Reported in: 1986WLN(UC)281
Shyam Sunder Byas, J.1. This appeal is directed against the judgment of the Additional Sessions Judge, Swai Madhopur dated March 31, 1976 convicting the appellant under Section 302, IPC and sentencing him to imprisonment for life and a fine of Rs. 300/-, in default of the payment of fine to further undergo two months' rigorous imprisonment.2. Briefly recalled, the prosecution case, which short and simple, is that PW 2 Sukhpal, PW 3 Shanker, PW 4 Babu, PW 13 Mst. Kamla, the deceased Ganga Ram and the appellant Murari Lal were grazing their cattle in the forest of village Udana, P.S. Khandar, district Sawai Madhopur on July 30, 1975. The she-buffaloes of the appellant entered the field of one Jaggannath, who was a near relative of the deceased Ganga Ram. Shankar, Babu, Mst. Kamla and the deceased drove out the she-buffaloes from the field of Jaggannath and took them to the bank of the river situate nearby. The appellant Murari Lal picked up some quarrel with the deceased Ganga Ram on thi...
Flourite Mines Mazdoor Sangh Vs. Rajasthan State Mineral Development C ...
Court: Rajasthan
Decided on: May-07-1986
Reported in: 1986WLN(UC)138
Ashok Kumar Mathur, J.1. The petitioner by this writ petition has challenged the order dated 20th June, 1984 (Anx. 1), whereby the employees working in the Rajasthan Fluorspar Project, Mando-ki-Pal, Dungarpur were transferred to various other mines under the Rajasthan State Mineral Development Corporation Ltd. (here in after referred to as the respondent Corporation) because of the fact that in some of mines mineral has exhausted or Fluorspar Mineral of requisite grade is not available. It is this order which is being sought to be challenged by the petitioner, the Fluorite Mines Mazdoor Sangh, Hando-ki-Pal, Dungarpur, through the present writ petition.2. The petitioner is a trade Union registered under the Indian Trade Unions Act and it has 475 workmen as its members working in the respondent Corporation and they are employed at the Rajasthan Fluorspar Project Mando-ki-Pal, Dungarpur. The total number of workmen employed in the six mines, viz., Kahila, Nava Gaon, Gahuwada, Thorewali, B...
Madanlal Vs. State of Rajasthan
Court: Rajasthan
Decided on: May-06-1986
Reported in: 1987CriLJ257; 1986(2)WLN318
J.R. Chopra, J.1. This is an appeal against the judgment of the learned Additional Sessions Judge, Sri Ganganagar dt. March 15,1978 whereby the learned lower court has convicted accused-appellant Madanlal of the offence Under Section 376/511, I.P.C. and has sentenced him to undergo two years rigorous imprisonment.2. The facts of this case briefly stated are that P.W. 1 Jagdish and P.W. 8 Mohanlal produced P.W. 5 Mst. Shanti and accused Madanlal before the ln-charge, Police Station (Kotwali) Sri Ganganagar on Jan. 15, 1977 at about 8 P.M. and lodged an oral report to the effect that P.W. 2 Rameshwarlal came and told that somebody was committing rape with a girl in Patel Garden, whereupon, he accompanied him along with P.W. 6 Ramjilal and there, they found that accused Madanlal was sleeping on Mst. Shanti. He made Tier naked and was himself lying naked on her. He has closed the mouth of Mst. Shanti by his hands so that she may not raise any hue and cry. She was weeping at that time and t...
Shankar Singh and Charan Singh Vs. State of Rajasthan
Court: Rajasthan
Decided on: May-06-1986
Reported in: 1986WLN(UC)602
Guman Mal Lodha, J.1. Shanker Singh and Charan Singh, the appellants have filed this appeal against the judgment of the trial court whereby they have been convicted and sentenced as under: Shanker Singh under Section 325, IPC 8 months' R.I. with a fine of Rs.50/- in default, 1 month's RI; Charan Singh under Section 326, IPC 1 year' R.I. with a fine of Rs. 50/- in default, 1 month's R.I.2. A complaint (Ex.P 2) was filed by Chakar Singh before the Munsif Magistrate, Kishangarh Bas on 23-8-69 alleging therein that on 24-7-69 he alongwith his son Indersingh was ploughing his field at about 7 in the morning. The appellants Shanker Singh his son Pritam Singh, his son-in-law Charansingh and his wife Mst. Gango Bai came to their field to over turn the same. Upon objecting to it, Shankersingh gave a hunter blow on the face of Chakar Singh. Charan Singh aimed a sword blow on the neck of Charan Singh which was warded off by him by his hand as a result of which his left little finger's phalanx was...
Ganga Lahari Vs. Har NaraIn and ors.
Court: Rajasthan
Decided on: May-06-1986
Reported in: 1986WLN(UC)577
Surendra Nath Bhargava, J.1. This is a Civil Execution First Appeal against the order passed by Additional District Judge, Alwar, disposing of the objections raised by the appellant surety.2. Har Narain and Prabhu Dayal had filed a suit and the appellant Ganga Lahari stood surety for the payment of Rs. 6,278/- for which an attachment order before judgment was issued under Order 38 Rule 5 CPC by a security bond executed by him on 20th December, 1963. Ultimately the suit was decreed on 1-4-1969 for a sum of Rs. 11,358,40 with costs against the respondents No. 10 and 11. The plaintiff-decree holders filed an execution petition on 21-8-1969 against the sppellant for executing the decree for a sum of Rs. 16,010.49 (entire decretal amount and interest and costs). The judgment-debtors preferred an appeal before this court against the decree dated 1-4-1969 and this court while disposing of the stay application, passed the following order:8-10-1969. It is ordered that if the appellant furnishes...
Gopi Chand S/O Gendi Lal Maheshwari Vs. Gendi Lal Surendra Finance Co. ...
Court: Rajasthan
Decided on: May-05-1986
Reported in: 1987(1)WLN389
Inder Sen Israni, J.1. This is a Civil Misc. Appeal under Section 39(i)(iv) of the Arbitration Act against the order of learned Additional District Judge, Ajmer in Civil case No, 60/71 (21 of 1972) setting-aside the award given by the arbitrator.2. A suit was filed by the plaintiff-appellant against the respondents, in which an application under Section 34 of the Arbitration Act was filed by the respondents. This application was accepted and the matter was referred to the arbitrator as mentioned in the hire purchase agreement. This application was accepted on 28-3-1962. It is not very relevant to, go into, the details that an appeal was filed by the appellant against this order in this court, which was rejected and the application to grant leave was also dismissed. Thereafter the plaintiff appellant filed a, claim with the arbitrator on 14-2-1971. The arbitrator passed the award on 19-9-1971 in favour of the plaintiff-appellant for Rs. 21,161.42p. and also awarded interest at rate of 6...
Gopi Chand S/O Gendi Lal Maheshwari Vs. Surendra Finance Company and o ...
Court: Rajasthan
Decided on: May-05-1986
Reported in: 1986(2)WLN332
Inder Sen Israni, J.1. This is a Civil Misc. Appeal under Section 39(i)(iv) of the Arbitration Act against the order of learned Additional District Judge, Ajmer in civil case Ne. 60/71 (21 of 1972) setting aside the award given by the arbitrator.2. A suit was filed by the plaintiff appellant against the respondents, in which an application under Section 34 of the Arbitration Act was filed by the respondents. This application was accepted and the matter was referred to the arbitrator as mentioned in the high purchase agreement. This application was accepted on 28-2-1962. It is not very relevant to go into the details that an appeal was filed by the appellant against this order in this court, which was rejected and the application to grant leave was also dismissed. Thereafter the plaintiff appellant filed a claim with the Arbitrator on 14-2-1971. The arbitrator passed the award on 10-9-1971 in favour of the plaintiff-appellant for Rs. 21,161.42p. and also awarded interest at rate of 6% p...
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