Rajasthan Court August 1986 Judgments
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Ganpat Lal Vs. Basti Ram
Court: Rajasthan
Decided on: Aug-23-1986
Reported in: 1988WLN(UC)293
Mohini Kapoor, J.1. The learned Addl. District Judge, Beawar has refused to admit documents in a miscellaneous appeal deciding that the previsions of Order 41, Rule 27, CPC. are applicable only to regular appeals and not to miscellaneous appeals. This view of the learned Addl. District Judge has been challenged.2. Order 43, Rules 2, CPC provides that the rules of Order 41 shall apply so far as may be to appeals from orders. Thus it is to be seen whether Rule 27 of Order 41 can be said to be applicable to appeals against orders. The suit is at an initial stage and it is open to the petitioner plaintiff to produce the documents he desires to produce in the suit. Rule 27 of order 41 becomes applicable only when additional evidence is required to be produced after a decree has been passed. Thus the nature of Rule 27 is such that it provides for admitting additional evidence at a late stage. In the present case, the stage for producing documents has not passed. As such Rule 27 cannot be mad...
Umia Vs. State of Rajasthan
Court: Rajasthan
Decided on: Aug-23-1986
Reported in: 1987(2)WLN886
Sobhag Mal Jain, J.1. This appeal by the accused is directed against the judgment dated 22nd July, 1985 of the Sessions Judge, Jalore, convicting and sentencing the accused appellant for the offence under Section 325, IPC to four years rigorous imprisonment and a fine of Rs. 400/-, in default of payment of fine to further rigorous imprisonment for four months.2. The case relates to the incident which took place on January 12, 1985 at about 2-3 p.m. on the road from Odwara to Basad in which Smt. Bhuri received injuries resulting in her death. According to the prosecution, Smt. Bhuri was going from Odwara to Basad and when she reached near a Kair tree after covering some distance from Odwara, the accused met her on the way and caused injuries by and axe. As per the prosecution case the accused first gave a fist blow on her face and then assaulted her with the blunt side of the axe causing injuries on her lip and stomach. Smt. Bhuri raised an alarm which attracted the witnesses Girdhari M...
Dinesh Kumar and 2 ors. Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Aug-22-1986
Reported in: 1986(2)WLN685
Narendra Mohan Kasliwal, J.1. In all these three writ petitions the validity of Rule 2(A) of the Rules of Admission in Medical Colleges in Rajasthan, 1985 has been challenged. The case of the petitioners is that they all appeared in the Pre-Medical Test for admission in the MBBS Course of Medical Colleges in Rajasthan, and have secured high percentage of marks so as to get position in the merit list of successful candidates. The respondents have held the petitioners ineligible for admission on the ground that they did not fulfill the condition of bonafide resident of Rajasthan according to which it was necessary that his/her natural father or na'ural mother should have continuously resided in Rajasthan for a period of last 18 years and the candidate should have studied at least for last 5 years in a recognised educational institution in Rajasthan. The petitioners have challenged the above rule of eligibility on the ground of being arbitrary, unreasonable and violative of Article 14 of ...
Kalu and anr. Vs. Chhitar and ors.
Court: Rajasthan
Decided on: Aug-21-1986
Reported in: AIR1987Raj206; 1986(2)WLN671
S.N. Bhargava, J.1. This is defendants' second appeal against the judgment and decree passed by Additional District Judge No. 2, Alwar Camp, dismissing the appeal and confirming the judgment and decree passed by Munsif Magistrate, Behror.2. Learned counsel for both the partieshave made a request before me that thisappeal may be disposed of at admission stageitself. 3. One of the points raised by learned counsel for the appellants is that defendants were not afforded ample opportunity to lead evidence and defendants' witnesses were not examined as the list of witnesses was filed late.4. The suit was filed on 6-10-1975; issues were framed on 14-3-1978 and when the plaintiffs were examining their witnesses, the defendants filed an application on 15-9-1979 along with list of witnesses which they wanted to examine. In the application, it was statedthat the list could not be filed earlier as the defendant was ill. The plaintiffs closed their evidence on 21-4-80 and thereafter, the case was f...
Kana Ram Vs. Munsif and Judicial Magistrate, 1st Class and ors.
Court: Rajasthan
Decided on: Aug-21-1986
Reported in: 1986(2)WLN658
Narendra Mohan Kasliwal, J.1. Brief facts of the case are that election for the office of Gram Panchayat, Rasili, Panchayat Samiti, Dudu, District Jaipur, was held on December 14, 1981. The petitioner and the respondents Nos. 2 to 4 contested the said election, According to the result declared by the Returning Officer, the total number of votes cast were 1727 out of which 95 votes were declared invalid. The petitioner and other candidates were declared to have received the votes as under:(i)--Kana Ram (Petitioner) -- 630(ii)--Prabhu Dan -- 170(iii)--Shri Narain -- 190(iv)--Smt. Sushila -- 642In view of the above result Smt. Sushila was declared elected having received the highest number of valid votes.2. The petitioner, Kana Ram, filed an election petition in the Court of Munsif and Judicial Magistrate, Sambhar Lake (Election Tribunal) challenging the above election. The petitioner made a prayer for recount of the votes and for setting aside the election of Smt. Sushila and further pra...
State of Rajasthan Vs. Rambaboo and ors.
Court: Rajasthan
Decided on: Aug-21-1986
Reported in: 1987WLN(UC)332
Vinod Shanker Dave, J.1. This appeal against the acquittal is directed against the judgment, dated January 31, 1984 of Addl. Sessions Judge No 1, Bharatpur acquitting the accused-respondents of offence under Sections 399 and 402 IPC.2. The four accused-respondents were tried by Addl. Sessions Judge No. 1, Bharatpur in a case where according to the prosecution Shri Ram Chandra Yadav, Station House Officer, Police Station, Roopvas along with police party, on an information received from an informant, went to Kalapatta hillock at 11 00 p m. and he saw 5-6 miscreants standing there. They were surrounded by the police force taken by the Station House Officer along with him. Seeing the police force the miscreants started running hence the Station House Officer threw torch light and fired on them. They stood up with their hands up and the others made their escape good. It is then alleged that the S.H O recovered one country made Pistol from Rambaboo with two live cartridges, one country made ...
Koja Vs. State of Rajasthan
Court: Rajasthan
Decided on: Aug-20-1986
Reported in: 1987WLN(UC)157
Shyam Sunder Byas, J.1. The appeal is directed against the judgment of the learned Sessions Judge, Jalore dated October, 4 1978 convicting the appellant under Section 304, Part II, IPC and sentencing him to four years rigorous imprisonment and a fine of Rs. 1000/-, in default of the payment of fine to further undergo six month's like imprisonment.2. Briefly stated, the prosecution case is that the deceased Thana (aged about 32 years) was the real elder brother of the appellant. PW 1 Amra and PW 4 Smt. Mirga are their parents while PW 3 Kumari Moti and PW 4 Rooga are their sister and brother. They were all living in separate Jhumpas situate in a Gawari as shown in site plan Ex.P 16. The accused had sold his cattle to the deceased and in that connection the deceased owed a sum of Rs. 100/- to the accused. At about 8.00 a.m. on April 30, 1978, the deceased and the accused along with some other persons were sitting out-side the Jhumpa of the deceased. The appellant demanded the payment of ...
Miss Anita Mittal Vs. Sukhadia University, Udaipur and anr.
Court: Rajasthan
Decided on: Aug-18-1986
Reported in: AIR1987Raj48; 1986(2)WLN743
ORDERA.K. Mathur, J. 1. The petitioner by this writ petition has challenged the order dated 4-7-1986 whereby the petitioner was debarred from appearing in the papers of Chemistry and Zoology of Pre-Medical Test held in 1986. It has further been prayed that she must be awarded marks on the basis of the marks obtained by her in Physics and Botany in the Pre-Medical Test or that the non-petitioners may be directed to conduct Special Examinations for the papers of Chemistry and Zoology of Pre-Medical Test 1986 and to declare the result accordingly. 2. The petitioner has appeared in the Pre-Medical Test, 1986, at Dungar College Centre Bikaner. Her roll number was 3243. It is alleged that she is a first class student. She appeared in the P.M.T. Examination 1986 on 2-7-1986 in the paper of Physics and on 3-7-1986 in the paper of Botany. On 4-7-1986 when she was solving the paper of Chemistry a flying squad came to inspect the conduct of examination and searched the objectionable material from...
Mst. Achna Vs. State of Rajasthan and anr.
Court: Rajasthan
Decided on: Aug-18-1986
Reported in: 1986WLN(UC)597
Narendra Mohan Kasliwal, J.1. This miscellaneous petition under Section 482 Cr.PC has been filed by the petitioner Mst. Achna for quashing the order of the learned Munsif and Judicial Magistrate First Class, Thanagazi dated January 10, 1980.2. On a First Information Report lodged on December 15, 1978, at Police Station, Narayanpur, the police after investigation filed challan against Santu Singh, Bal Singh, Ram Kumar, Bholu. No challan was filed against Mst. Achna. Thereafter, a private complaint was filed by Gangadin complainant on April 21, 1979. The complainant in the private complaint case prayed for cognizance to be taken against Mst. Achna also as cognizance against the other 4 accused persons had already been taken in the case, challenged by the police. Learned Magistrate made a preliminary inquiry under Section 202 Cr.PC and by order dated January 10, 1980, took cognizance against Mst. Achna also. After taking cognizance in the case it was directed that both the cases i.e., one...
Commissioner of Income-tax Vs. Roshanlal
Court: Rajasthan
Decided on: Aug-14-1986
Reported in: [1988]170ITR646(Raj)
1. This is an application under Section 256(1) of the Income-tax Act, 1961 (in short 'the Act'), filed by the Revenue, wherein it has been prayed that the following question of law arises in the case and the Income-tax Appellate Tribunal be directed to draw up a statement of case :' Whether, on the facts and in the circumstances of the case, the Tribunal was justified in cancelling the penalty of Rs. 11,000 levied under Section 273(c) of the Act ' .2. Notice of demand for payment of advance tax of Rs. 31,466 was issued to the assessee. The assessee filed a return declaring an income of Rs. 2,36,280 and the assessment was completed on an income of Rs. 2,76,600 (after appeal effect). The tax on the income comes to Rs. 1,89,585. Since the tax levied on the basis of the returned income exceeded the tax demanded by 1/3rd of the latter amount, the assessee was required to file an estimate and pay advance tax and a notice under Section 274 of the Act requesting the assessee to show cause as t...
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