Rajasthan Court July 1986 Judgments
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Ved Prakash Chaturvedi Vs. Union of India (Uoi)
Court: Rajasthan
Decided on: Jul-23-1986
Reported in: 1987(1)WLN358
Surendra Nath Bhargava, J.1. This is plaintiff's first appeal against the judgment and decree passed by the Additional District Judge, Dausa, dated 15-12-1979, dismissing the suit for declaration and arrears of salary.2. The plaintiff-appellant was appointed initially as literate Cleaner in Loco Shed, M how under the BB & CI Railway, on 11-10-1950. The BB & CI Railway was converted into the Western Railway in the year 1952 and all the employees of BB & Cl. Railway became the employees of the Western Railway. Thereafter, the plaintiff-appellant was posted as Ticket Collector on 27-4-1956 on his selection by the Railway Service Commission. His posting orders were passed by the DTS, Bandikui. Lateron, the plaintiff was further promoted to the post of Travelling Ticket Examiner (TTE) on 30th June, 1965, and further promoted as Guard on 23-12-1966. The plaintiff-appellant was convicted for the offence Under Section 420/471 IPC on 7-2-1967 by the Additional Munsif and Judicial Magistrate, Ja...
Rang Lal S/O Kanwar Lal Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jul-23-1986
Reported in: 1986(2)WLN390
Gopal Krishna Sharma, J.1. This is second Bail Application. The first Bail Application was rejected on 26-4-86 by this Court Mr. A.K. Gupta learned Counsel for the petitioner says that when the first bail application was rejected, the Police did not submit the challan against the petitioner. Now the challan has been filed and after that, the second bail application has been moved. Mr. Gupta relied on the statement of Bhanwar Lal s/o Gauri Lai to whom the deceased Pari informed about her death. He showed the certified copy of the statement recorded under Section 161 Cr.PC by the Investigating Officer and the copy of the statement of Bhanwar Lai under Section 161 given to the petitioner at the time of filing challan. While reading both the statements Mr. Gupta stated that in the certified copy of the statement of Bhanwar Lal the 'words' mentioned are as follows:eS gy pyk jgk Fkk ?kj vk;k jaxyky dh vkSjr ikjh blls igys jksrh gqbZ ?kj vk pqdh FkhA jaxyky ?kj vk;k rc eS mlds ?kj x;k rks jax...
Gopal Krishna S/O Pana Lal Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jul-23-1986
Reported in: 1986(2)WLN376
Gopal Krishna Sharma, J.1. This bail application has been presented under Section 438, Cr.PC.2. On 9th July, J986, Mr. S.N. Kumawat, Public Prosecutor appeared in the Court on behalf of the State Government. Hi was directed on that date by Justice Dave to call the case-diary in this case. Thereafter, the case was listed today. When today Mr. Kumawat, Public Prosecutor was asked to submit the case-diary, he replied that he has not received the same.3. This case was called at 11 a.m. When the case-diary was not produced by Mr. Kumawat Public Prosecutor, Mr. Shivraj Behari Mathur, Government Advocate was called. He was also apprised of the position as to how the orders of this Court are disobeyed and flouted by the Public Prosecutors. 1 also directed him to call the Advocate General, if he was available. Mr. Mathur desired that 10 minutes time be given to him, so that, he might call the Advocate General, I then kept the file and asked Mr. Mathur why 10 minutes, but, time was given to him ...
Prabhat and anr. Vs. Board of Revenue and ors.
Court: Rajasthan
Decided on: Jul-23-1986
Reported in: 1986(2)WLN680
Mahendra Bhushan Sharma, J.1. Khasra No. 957 measuring 957 measuring 9 Bighas 1 biswas situated in Gram Dhani Lali Tehsil Jamuaramgarh was recorded as Gair Mumkin Rasta.' Out of that land the said khasra No. 957, 8 bighas, four bighas to each of the petitioners, was allotted by the SDO Amber under his order dated October 29, 1977 under the Rajasthan Land Revenue (Allotment of Land for Agriculture Purposes) Rules, 1970 (for short, the Rules). The possession of the land was also given to the petitioner some time in the month of January, 1978. An application was made by the non-petitioner No, 3 under sub-rule (4) of Rule 14 of the Rules before the Additional Collector, Jaipur. In the said application it was stated that the nature of the land was 'Gair Mumkin' and the same could not be allotted under the Rules. The Additional Collector dismissed that application. Aggrieved by the aforesaid order of the Addl. Collector dated July 17, 1978, the non-petitioner No. 3 preferred an appeal before...
Kalu Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jul-23-1986
Reported in: 1986WLN(UC)483
G.M. Lodha J,1. Kalu has filed this appeal against the judgment of the Sessions Judge, Udaipur dated February 18, 1983, convicting him under Section 394 and 397, IPC and sentencing him to seven years rigorous imprison ment and a fine of Rs. 100; in default of payment of fine, to further undergo rigorous imprisonment of one month.2. On January 31, 1982, in the evening, in village Charod, the field of Ghavdi was the scene of occurrence, where the girl Kanku was the victim of atrocities. She was badly beaten by sticks by the accused and was robbed of the ornaments which she was wearing at that time.3. According to the medical evidence (Ex.PI), the girl Kanku received as many as 22 injuries. Dr. B.P. Gupta (P.2) has proved the said injuries when he examined her on February 2, 1982 (evening).4. The conviction is based on the testimony of Mst. Kanku, corroborated by the medical evidence and further evidence of PW 5 Dault Singh, before whom extra judicial confession was made.5. The prosecntio...
Commissioner of Income-tax Vs. Maharana of Mewar Charitable Foundation
Court: Rajasthan
Decided on: Jul-22-1986
Reported in: (1987)60CTR(Raj)40; [1987]164ITR439(Raj)
S.C. Agrawal, J. 1. This reference has been made by the Income-tax Appellate Tribunal, Jaipur Bench, Jaipur (hereinafter referred to as 'the Tribunal'), under Section 256(1) of the Income-tax Act, 1961 (hereinafter referred to as 'the Act'), at the instance of the Revenue. The reference relates to the assessment year 1971-72 and the question which has been referred by the Tribunal for the opinion of this court is as under :'Whether, on the facts and in the circumstances of the case, the Tribunal was right in directing that the deficit of Rs. 59,770 arising out of excess of expenditure over income during the previous year relevant to the assessment year 1970-71 should be set off against the surplus of incomeover expenditure relating to the assessment year 1971-72 in computing the taxable income of the latter assessment year ?'2. The facts briefly stated as set out in the statement of the case are that the Maharana of Mewar Charitable Foundation (hereinafter referred to as 'the assessee'...
Niranjan Lal Vs. Nemi Chand and anr.
Court: Rajasthan
Decided on: Jul-22-1986
Reported in: 1987(1)WLN109
Narendra Mohan Kasuwal, J.1. This revision by the defendant is directed against the order of Additional District Judge No. 1, dated 31-3-1986 confirming the older of Civil Judge, Alwar dated 26-11-1982.2. Brief facts leading to this revision are that the plaintiff non-petitioner filed a suit for ejectment and arrears of rent against the petitioner and Shri Babu Ram Joshi, non-petitioner No. 2, According to the plaintiff the disputed premises were given on rent in June, 1972 at a monthly rent of Rs. 150/-. It was further alleged that the defendants had not paid any rent since 1-2-1980 and had thus committed default in the payment of rent for more than 6 months. The suit was also based on the reasonable and bonafide personal necessity of the plaintiff and that the defendant had sublet the premises.3. The defendant petitioner filed a written statement denying all the allegations and further took the plea that the premises were initially taken on rent at Rs. 100/- per month in 1972 and the...
Bhoma Ram Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jul-22-1986
Reported in: 1987WLN(UC)128
S.S. Byas, J.1. Since these two appeals are directed against one and the same judgment of the learned Additional Sessions Judse, Raisinghnagar dated November 13, 1981, they were heard together and are decided by a common judgment. By the judgment aforesaid, the learned Additional Sessions Judge convicted the accused Bhoma Ram under Section 302 and accused Ram Chandra and Laxmi Chand under Section 302 read with Sections 34 and 109, IPC and sentenced each of them to imprisonment for life and a fine of Rs. 1000/- in default of the payment of fine to further undergo six months' rigorous imprisonment. Accused Bhoma Ram was further convicted under Section 25 of the Arms Act, but no separate punishment was awarded to him for this offence.2. The incident is alleged to have taken place at about 9.45 p.m. on July 10, 1980 at the bus stand, Suratgarh, in which one Madan Lal Jodhki, aged about 21 years, was shot dead by accused Bhoma Ram at the instigation of accused Ram Chandra and Laxmi Chand.3....
Sanwal Ram Vs. Hanuman Das and anr.
Court: Rajasthan
Decided on: Jul-22-1986
Reported in: 1986WLN(UC)325
Kishore Singh Lodha, J.1. These two revisions arise out of the same execution matter and therefore, the are being disposed of by a single order. The revision No. 132/83 has been filed by the decree-holder, whereas the revision No.25/85 been filed by judgment-debtors in the same proceedings though against a different order.2. Briefly stated the facts leading to these revisions are that the decree holder Sanwal Ram had obtained a decree for ejectment in respect of a shop on 17-11-1980 against the judgment debtors Hanuman Das and firm Hanu-mandas Shrigopal. That decree had been upheld right upto the Hon'ble Supreme Court when the execution of that decree was levied, the decree holder's difficulties arose as usual. The judgment debtors filed an objection under Section 47 CPC to the effect that the judgment-debtors had an under ground adjacent to the shop in question in their tenancy from one Lal Chand S/o Gopaldas and the way to that under-ground was only through the shop in respect of whi...
Rohitashwa Kumar Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jul-21-1986
Reported in: 1987CriLJ1557; 1986(2)WLN588
ORDERGuman Mal Lodha, J.1. An interesting point in an uninteresting case is involved where the accused after entering into the premises of a friend for a courtesy visit shows discourtesy by trying to outrage the modesty of his friend cum a subordinate officer's wife.2. The accused Rohitashwa Kumar was working as Superintendent of Police, Bikaner, when he visited the residence of Additional Superintendent of Police Shri R. D. Goyal. The prosecution case is that the accused first demanded that he would like to drink liquor, which was served by Shri Goyal. During this period, orderly Umesh Kumar brought a complaint of Peerukhan, which was handed over to Shri Goyal by Shri Rohitashwa Kumar and the latter was asked to listen to the grievances of the complainant and also send some one for getting betel.3. According to the prosecution version, the moment Shri Goyal went outside the drawing room, Shri Rohitashwa Kumar, who was sitting on a sofa, stood up and suddenly caught hold of the wife of...
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