Rajasthan Court January 1987 Judgments
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J.K. Motors and ors. Vs. Bhagwati Narain
Court: Rajasthan
Decided on: Jan-28-1987
Reported in: 1987(2)WLN464
Guman Mal Lodha, J.1. The short point involved in this revision is that delay of 10 days condoned by the trial court in depositing the amount under Section 13, Clause (3) of the Rajasthan Premises (Control of Rent and Eviction) Act was reversed by the first appellate court. It is common ground that the delay was not more than 10 days and under the law the court is competent to condone the delay of 15 days. It is also well established according to the judgment of Jagannath v. Jodha Ram 1980 RLW 42 that in matters of deposit of rent the delay upto 15 days is to be condoned normally. Para 23 read as under:The revision deserves to be accepted, on yet another ground. When the legislature has allowed discretion to court to allow maximum 3 months time under Section 13(4) of the Act for depositing the amount of arrears of rent the court should not be conservative and strict, by depriving tenant of this benefit for doing social justice. Unless in a given case, exceptional reasons warrant it inv...
Gopal Singh Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jan-28-1987
Reported in: 1987WLN(UC)305
Ashok Kumar Mathur, J.1. This is an appeal of the accused from jail against his conviction under Section 302 IPC and sentencing him to life imprisonment and a fine of Rs. 100/- and in default of payment of fine to further undergo one month's rigorous imprisonment.2. The facts giving rise to this case are that deceased Damaram was living with Keshuram in 62 R.D. Accused Gopal Singh, deceased Damaram and Keshuram are the employees of the Rajasthan Canal Project, Anoopgarh Branch. On 8-7-1980 in the evening deceased Damaram along with accused Gopalsingh went to 62 RD at the house of Keshuram. There they took their food and afterwards laid down their cots in front of their hut and slept separately on the three cots. Deceased Damaram while sleeping at the cot was listening the radio. This was objected by Keshuram as he was suffering from fever. But on refusal by Damaram to stop playing with the radio Keshuram took away his cot about 10 to 11 feet away and slept there. The keys of the hut we...
Bakhtawar Khan Vs. Noor Mohammad
Court: Rajasthan
Decided on: Jan-28-1987
Reported in: 1(1989)WLN(Rev)485
K.S. Lodha, J.1. There are two revisions filed by the defendant Bakhtawar Khan against the two orders of the learned Addl. Munsif Magistrate No. 1 Jodhpur, dated 19 10-1985 and 14-12-1985 respectively in the same suit and as the matter involved in these two revisions are connected, they are being disposed of by a common order.2. The plaintiff's suit for ejectment against the present petitioner was pending for the defendant's evidence on 19-10-1985. The plaintiff's evidence had already been over on 24-1-1985. It appears that the defendant had not filed any list of witnesses and therefore, he was not entitled to get any witness summoned by the court. One of the witnesses whom the defendant wanted to examine was Shri Narsinghdass Moondra but he was not present in court on 19-10-1985 and an application under Order XXVI Rule 1 CPC was filed supported by the affidavit of the learned counsel for the defendant that the witness Shri Narsinghdass had suffered a fracture in his high and was unabl...
Chand Ali and Etc. Etc. Vs. Mahesh Shikshan Sansthan and ors.
Court: Rajasthan
Decided on: Jan-27-1987
Reported in: AIR1987Raj137; 1987(1)WLN315
ORDERK.S. Lodha, J. 1. These 17 matters can conveniently be disposed of by a single order, although there is some difference between the seven cases and the rest of them so far as the date of admission is concerned and the condition on which the later admissions were made but all the same the principal question involved in all of them is the same.2. It appears that some admissions were made to the vacation course of B.Ed. in the Mahesh Shikshan Sansthan, non-petitioner No. 1 in all these cases on 12-5-86 and a waiting list of the remaining candidates was also published along with a list of students who has already been admittd. Originally the number of seats was 180 and later on in July, 1986, 60 more seats were added and on that account some more persons were admitted later on. The admissions of those persons were challenged by seven of the petitioners in these writ petitions on the ground that the later admissions had been camouflaged with an intention to give admissions to the perso...
Beguram Vs. Jaipur Udhyog Limited
Court: Rajasthan
Decided on: Jan-27-1987
Reported in: [1987]61CompCas744(Raj)
Navin Chandea Shaema, J. 1. I have heard Shri R. P. Garg, appearing for the petitioner, Beguram. 2. Facts in brief are that Beguram was employed as fitter (maintenance) in M/s. Jaipur Udhyog Ltd., Sawai Madhopur. He retired on September 7, 1978, but did not vacate the free quarters of the company bearing No. 101/ 200 which had been allotted to him while he was in service. Consequently, Jaipur Udhyog Ltd. filed a criminal complaint against the petitioner in the court of the Chief Judicial Magistrate, Sawai Madhopur, for the offence under Section 630(1)(b) of the Companies Act. The Chief Judicial Magistrate, Sawai Madhopur, by his judgment dated September 11, 1986, held the petitioner guilty of the said offence and punished him with a fine of Rs. 200. Along with this sentence, the Chief Judicial Magistrate also passed an order under Sub-section (2) of Section 630 of the Companies Act ordering the petitioner to deliver up the said quarters to M/s. Jaipur Udhyog Ltd. within three months of...
Golcha Properties (P.) Ltd. Vs. Commissioner of Income-tax
Court: Rajasthan
Decided on: Jan-27-1987
Reported in: [1988]169ITR525(Raj)
S.C. Agrawal, J. 1. In this reference relating to the assessment year 1967-68 made at the instance of the assessee, M/s. Golcha Properties Private Limited, the Income-tax Appellate Tribunal, Jaipur Bench, Jaipur, has referred the following questions for the opinion of this court:'1. Whether, on the facts and in the circumstances of the case, the Tribunal is justified in holding that the assessment order for the assessment year 1967-68 did not become time barred under Sub-section (1) of Section 153 of the Income-tax Act, 1961, in view of the provisions of the Explanation (1) to the said Sub-section ? 2. Whether, on the facts and in the circumstances of the case, the Tribunal is justified in holding that the interest income of Rs. 5,11,363 had accrued and arisen in favour of the assessee in the previous year relevant for the assessment year 1967-68 ? 3. Whether, on the facts and in the circumstances of the case, and on a correct interpretation of the terms of the agreement dated October ...
Beguram Vs. Jaipur Udhyog Ltd.
Court: Rajasthan
Decided on: Jan-27-1987
Reported in: 1988CriLJ1452; 1987(1)WLN238; 1989WLN(UC)502
ORDERNavin Chandra Sharma, J.1. I have heard Shri R.P. Garg appearing for the petitioner Beguram.2. Facts in brief are that Beguram was employed as Fitter (Maintenance) in M/s. Jaipur Udhyog Sawai Madhopur. He retired on Sept. 7,1978 but did not vacate the free quarter of the company bearing No. 101/200 which had been allotted to him while he was in service. Consequently Jaipur Udhyog Ltd filed a criminal complaint against the petitioner in the court of the Chief Judicial Magistrate, Sawai Madhopur for the offence under Section 630(l)(b) of the Companies Act. The Chief Judicial Magistrate, Sawai Madhopur by his judgment dated Sept. 11,1986 held the petitioner guilty for the said offence and punished him with a fine of Rs. 200/-. Along with this sentence, the Chief Judicial Magistrate also passed an order under Sub-section (2) of Section 630 of the Companies Act ordering the petitioner to deliver up the said quarter to M/s. Jaipur Udhyog Ltd. within three months of the date of his judgm...
Mishri Lal Vs. Ram Khiladi and ors.
Court: Rajasthan
Decided on: Jan-27-1987
Reported in: 1987(1)WLN765
Narendra Mohan Kasliwal, J.1. The case of the Petitioner is that he was Khatedar tenant of agricultural land bearing Khasra No. 190 measuring 20 Bighas 10 Biswa and Khasra No. 191 measuring 8 Biswas Situated village Allapun Tehsil Bayana, District Bharatpur. According to the petitioner, he was in cultivatory possession of the above land as such he became Khatedar in Samvat 2012 on the coming into force of Section 15 of the Rajasthan Tenancy Act, 1955 (here in after referred to as 'the Act') The Patwari of the village made a wrong entry in Khasra Girdawari of Samvat 2015 by mentioning that half of Khasra No. 190 was of Kanchan and wrongly entered Kanchan as Khatedar of the land. The Tehsildar made an inquiry and after site inspection in Samvat 2017 made the correction by entering the name of the petitioner in place of Kanchan. The Patwari again in Samvat 2018 wrongly entered the names of Ramkhilari, Lahasaniya and Ghamandi sons of Kanchan and the said entry continued upto Samvat 2021. T...
Moola S/O Juntha and ors. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jan-27-1987
Reported in: 1987(1)WLN673
Inder Sen Israni, J.1. This is a criminal revision petition filed under Section 397/401 Cr.P.C. against the order dated October 9, 1986 passed by the learned SDM, Sikar, in Cr. Case No. 8/86.2. The proceedings under Section 145 Cr.P.C. were initiated as early as 1979 and it is unfortunate that since then the proceedings have not yet come to an end and in between the parties have been fighting litigation at various stages and have approached this court also. Both the parties are fighting for possession of the disputed agricultural land and have put up their claims in the proceedings pending under Section 145 Cr. P.C. in the court of learned Sub-Divisional Magistrate, Sikar.3. The last order passed by this court was on 11-8-1986 in S.B, Criminal Petition No. 406/86, by which this court directed that the properly in dispute should have been attached in accordance with the order of this court dated January 6, 1986 passed in S.B. Cr. Re v. Pet. No. 164/85 as there was imminent danger of bre...
Kalyan and ors. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jan-27-1987
Reported in: 1987(2)WLN89
Gopal Krishna Sharma, J.1. This appeal has been preferred against the judgment dated 1st Oct. 1984 passed by the Sessions Judge, Tonk, whereby he convicted all the accused-appellants under Section 147 IPC, and sentenced each of them to 2 year's rigorous imprisonment. He also convicted accused Ramkaran and Ramdeva under Section 302, IPC, and all other accused-appellants under 302/149, IPC and sentenced each of them to imprisonment for life and a fine of Rs. 500/-. In default of payment of fine, each accused was ordered to further undergo 6 months' rigorous imprisonment. Appellant Gopi was further found guilty of offence under Section 324 IPC and sentenced to 2 years rigorous imprisonment; while ail other accused-appellants were found guilty under Section 324/149, IPC & each of them was sentenced to 2 year's rigorous imprisonment. All the accused appellants were also convicted under Section 452, IPC and each of them was sentenced to 3 years' rigorous imprisonment and a fine of Rs. 200/- ...
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