Rajasthan Court August 1986 Judgments
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Rajasthan State Road Transport Corporation Vs. Jhami Bai and ors.
Court: Rajasthan
Decided on: Aug-07-1986
Reported in: 2(1986)ACC559
G.M. Lodha, Acting C.J.1. A rickshaw-puller (rickshaw-chalak) Kanhaiyalal, was knocked down by the State Roadways Corporation Bus No. RRG 8694 in an accident which took place on 27-11-80 on the way between Chhoti Chopar and Chandpole Gate of Jaipur City. Rajasthan State Road Transport Corporation is a public undertaking of the State of Rajasthan. The Corporation has got separate funds for the payment of compensation as they are exempted from insurance of the vehicles. The Corporation instead of making payment of compensation to the widow of rickshaw-chalak and his kids, entered into litigation and dragged poor widow to the Motor Accident Claims Tribunal for filing claim petition.2. The socio-economic pragmatic approach exhibited by accident claims laws, expressly provides for compensation. It is customary and traditional for the State or its functionaries, on such occasions to act on humanitarian grounds and grand ex gratia monetary relief to the deceased's family. But as an anti-thesi...
Bishan Lal Vs. State of Rajasthan
Court: Rajasthan
Decided on: Aug-06-1986
Reported in: [1987]64STC416(Raj)
A.K. Mathur, J.1. The petitioner by this writ petition challenged the assessment order dated 12th March, 1986 and notice of demand issued in pursuance of this assessment order.2. The petitioner carries on business in the name and style of M/s. Jaambhad Furniture, Bikaner. The petitioner is a registered dealer under the Sales Tax Act and holds registration No. 1831/78.3. The petitioner submits that the petitioner has been submitting the regular returns and paying the sales tax dues. The petitioner had submitted all his sales tax returns up to the quarter ending on 30th September, 1985 and had also paid all the sales tax dues. The petitioner submits that the sales tax returns for the quarter ending on 31st December, 1985, were due on 30th January, 1986, but the petitioner could not submit these returns. The return for the quarter from January to March, 1986, could be filed by the petitioner up to 30th April, 1986. It is further submitted that so far as the payment of the tax is concerned...
State of Rajasthan Vs. Sher Singh and ors.
Court: Rajasthan
Decided on: Aug-06-1986
Reported in: 1986WLN(UC)354
1. The State has filed this application for leave to appeal in a case under Sections 302, 307, 147, 148, 436 & 323/149, IPC.2. The police submitted a challan against 25 persons under Sections 302, 307, 147, 148 & 326/149, IPC. The accused persons were tried by the Addl. Sessions Judge, Kishangarh Bass, Alwar, who vide his judgment dated 13th Feb., 1986 convicted only 6 accused persons, namely, Chander, Roopchandra, Roshan, Sheonarain, Randhir and Jangli for offences under Sections 323 & 447, IPC. Sheonarain further has been convicted for offence under Section 436, IPC. He acquitted these accused persons of the charges under Sections 302, 307/149, 147 & 148 IPC. the learned Addl. Sessions Judge also acquitted the remaining 19 accused persons of all the charges levelled against them.3. The State has preferred this application for leave to appeal against the acquittal of all the 24 accused persons of the charges under Sections 332, 149, 307, 147 & 148/149, IPC. During the trial one accuse...
Mangho Shiv Dasani Vs. Smt. Mohani
Court: Rajasthan
Decided on: Aug-05-1986
Reported in: AIR1988Raj180; 1987(1)WLN6
Guman Mal Lodha, Actg. C.J. 1. This is husband's appeal against a decree dismissing his petition for divorce and declaring the marriage void. The principal contention and ground made by the husband in the petition was that the wife was impotent qua him. It was also submitted that there was no consummation of the marraige even through the husband and wife lived together for 8 months or so. 2. The learned trial Court, after recording the evidence and hearing the parties, came to the conclusion that the husband has not proved the case. The medical examination of the non-petitioner wife revealed that she was potent and not impotent. 3. Shri J.C. Jain, the learned Advocate for the appellant husband, has argued that the medical examination was not complete and comprehensive. According to him the question, whether the wife was impotent qua him (husband) was not considered by the medical board It was also argued that no psychologist was produced by the lady to show that she was not impotent qu...
Parvez Khan Vs. State of Rajasthan
Court: Rajasthan
Decided on: Aug-05-1986
Reported in: 1986(2)WLN713a
Shyam Sunder Byas, J.1. Perused the impugned order of the learned Sessions Judge, Jalore by which the accused petitioner was released on bail with the condition that the Sureties must be the local residents of the Jalore City or the resident of the District of Jalore. The grievance of the petitioner is that the aforesaid condition cannot be imposed while passing the order to release the accused petitioner on bail. The submission is proper in view of the observations made by their Lordships of the Supreme Court in Moti Ramand ors.v. State of Madhya Pradesh : 1978CriLJ1693 . The learned Sessions Judge was not correct in imposing the condition that the Sureties should be either the local persons or the residents of the District of Jalore.2. The aforesaid condition is set aside. The other part of the order, granting bail to the accused petitioner shall remain as it is and is maintained....
Heera Lal Vs. State of Rajasthan
Court: Rajasthan
Decided on: Aug-05-1986
Reported in: 1986WLN(UC)403
Shyam Sunder Byas, J.1. Accused Heera Lal was convicted under Section 302, IPC and sentenced to imprisonment for life and a fine of Rs. 100/-, in default of the payment of fine to further undergo three month's rigorous imprisoment by the learned Additional Sessions Judge, Udaipur by his judgment dated July 13, 1981. He has come-up in appeal and challenges his conviction.2. Briefly stated, the prosecution case is that the deceased Janki Lal (aged about 55 years) was the elder brother of Narain Lal. The appellant Heera Lal is the son of their real sister. Janki Lal was living with his wife Mst. Bhagwati and the other members of his family in Onad Singh-ki-Bhakal, P.S. Kheroda, district, Udaipur. Both the brothers had sold their agricultural lands to the appellant and his father and brothers. Narain Lal executed the sale deed Ex. P 31 in their favour but Janki Lal did not. He was approached by the appellant and his brothers for getting the sale deed executed and registered. Janki Lal avoi...
Hassa Mal and anr. Vs. Jatti Ram and ors.
Court: Rajasthan
Decided on: Aug-05-1986
Reported in: I(1987)ACC44
G.M. Lodha, Acting C.J.1. In this appeal the Tribunal has allowed compensation of Rs. 10,000/- to the parents of the deceased, who died by accident at the age of 9 years.2. Mr. Mathur has relied upon the following decisions in support of his claim for increase of compensation from Rs. 10,000 to Rs. 50,000/- Mangaldas Mohanhl Patel and Anr. v. Union of India 1982 ACJ 426, New India Assurance Co. and Anr. v. Ram Dayal and Ors. , Ramloton and Anr. v. Bhagwati Prasad and Ors. (1984) 1 ACC 391, Tehmina Jasawalla v. Mahadeo Sitaram Chadi and Ors. 1983 ACJ 666, Rashid Husain and Anr. v. Union of India 1984 ACJ 635.3. Mr. Bhargava submits that the claim of the appellants cannot be accepted. He placed reliance upon the following decisions:Nachhan and Anr. v. New India Assurance Co. Ltd. 1985 ACJ 37, Lakshmamma and Ors. v. C. Das and Ors. 1985 ACJ 199, Smt. Shivkor Motasing v. Ramanaresh Munsisingh 1978 ACJ 334, Jupiter Gen. Ins. Co. Ltd. and Ors. v. Balkishan 1985 ACJ 77.4. I have given a thoug...
Bhagirath Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Aug-04-1986
Reported in: 1986WLN(UC)499
Mahendra Bhushan Sharma, J.1. The petitioner has challenged (Annexure 1) dated 21st April, 1986, under which the Additional District Development Officer, Alwar under Section 17(2) of the Rajasthan Panchayat Act, 1953 (for short the 'Act') has decided that the office of the Sarpanch which the petitioner was holding is vacant.2. The petitioner is a Law Graduate and is a practicing Lawyer and elected as Sarpanch of Village Panchayat Gadoj in District Alwar in the election that had taken place in the year 1981. On 3rd March, 1986, Bhagirath Singh Yadav Sarpanch of the Village Panchayat alongwith five other Panchs presented an application to the Additional District Development Officer, Alwar that the Sarpanch has absented himself from five succeeding meetings of Panchayat, which meetings had been held on a requisition by Vikash Adhikari. The petitioner was absent from five consecutive meetings of the Panchayat without any information in writing and as such his seat has become vacant. A reso...
State of Rajasthan Vs. Ram Nath
Court: Rajasthan
Decided on: Aug-01-1986
Reported in: 1986WLN(UC)465
G.M. Lodha, Actg. C.J.1. The State of Rajasthan has filed this appeal against accused Ramnath, as the State is aggrieved by the acquittal of Ramnath by the Munsif and Judicial Magistrate, Nagaur in Criminal Case No. 710/74, decided on February 7, 1978.2. According to the prosecution, the Deputy Superintendent of Police Nagaur went for an inspection of Rol Police outpost on July 26, 1972 and he was secretly informed that the opium was lying in the house of accused Ramnath. On this information, the Deputy Superintendent of Police Shri Vasudeo accompanied by A.S.I. and Police Constables, went to the house of accused Ramnath. He called motbirs Ghasi Ram and Motiram and gave search of the police officials and entered the house of accused Ramnath. Accused Ramnath was present in the house at the time of search. On search was found beneath the iron cage, two iron dibhies. One dibi contained 320 grams of opium and the other contained 65 grams of opium. Samples were taken and sent for chemical e...
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