Rajasthan Court January 1987 Judgments
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Banna Ram Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jan-08-1987
Reported in: 1987(1)WLN205
Jas Raj Chopra, J.1. This bail application has been filed by the accused Banna Ram against whom it is alleged that he has attempted to commit a rape with Mst. Gita. Initially, it was reported by Mst. Gita on 27-8-86 to the police that the accused came to the place where she was grazing her she goats in jungle and tried to commit rape with her. He embraced her and tried to fell her down, but she goat herself released and tried to run away whereupon the accused tried to pull her clothes and in that process one of her lac bangle was broken. She cried for help whereupon one Mangta son of Bhanwaru, Mohanaram Jeth and Inderraj Jeth came running to her help. If they had not come, the accused would have committed rape with her. Thus, this was her initial person given in the FIR that only an attempt to commit rape was made with her and the police also registered a case under Section 354 read with Section 447 I.P.C. Her medical examination shows that she is habituated to sexual intercourse. No e...
Udai Lal Vs. Shankar Lal and ors.
Court: Rajasthan
Decided on: Jan-08-1987
Reported in: 1987(1)WLN588
Jagdish Sharan Verma, C.J.1. This revision, by the auction purchaser, arises out of an execution matter. An auction was held by the executing court on 29-5-1980, in which the petitioner Udailal was the successful auction purchaser. The judgment-debtor filed an application under Order 21, Rule 89 CPC on 1-7-1980, i.e. after expiry of 30 days from the date of auction, but within the period of 60 days therefrom. The application was rejected by the executing court as time barred. The judgment-debtor's appeal to the court below has succeeded and the case has been remanded to the executing court, for construing the provision of limitation liberally and then to decide the question of condonation of delay in making the application, Aggrieved by this order passed by the appellate court, the auction purchaser has preferred this revision.2. Learned Counsel for the judgment-debtor-respondent, has pointed out that Article 127 of the Limitation Act, 1963 has been amended by Section 98 of the Code of...
Kishan Lal Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jan-08-1987
Reported in: 1987(2)WLN184
Sobhag Mal Jain, J.1. This appeal by the plaintiff is directed against the judgment dated 9th January, 1976 of the Additional District Judge No. 1, Jodhpur dismissing the plaintiff's suit by reversing the judgment and decree dated July 14, 1975 of the Additional Civil Judge, Jodhpur who had decreed the plaintiff's suit for Rs. 1505.50p.2. The plaintiff's case in brief was that his tender to run a canteen at the places mentioned in the plaint was accepted by the defendants and he was allowed to deposit the amount and worked the same till June 4, 1970, but thereafter his contract was terminated prematurely, as a result of which he suffered damages. The plaintiff claimed a sum of Rs. 4455/50p. as damages. The suit was contested by defendant No. 1 State of Rajasthan on various grounds. The Additional Civil Judge by his judgment dated 14th July, 1975 decreed the plaintiff's suit for Rs. 1505.50 p. and disallowed the rest of his claim On appeal by the defendant the Additional District Judge ...
Karam Singh Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jan-08-1987
Reported in: 1987(2)WLN434
Milap Chand Jain, J.1. Heard learned Counsel for the petitioner.2. The petitioner was convicted of the offence under Section 54(a) of the Excise Act and was sentenced to six months rigorous imprisonment and to a fine of Rs. 250/-, in default of payment of fine to undergo one month's rigorous imprisonment by the Munsif and Judicial Magistrate, 1st class Raisinghnagar by his order dated 27-2-1979. His conviction and sentence were maintained in appeal by the Sessions Judge Sriganganagar by his order dated 25th October, 1979.3. Counsel for the petitioner urged that more than seven years have passed. The petitioner remained in custody for about 12 days, so, the petitioner's sentence may be reduced to the period of his total custody. He submitted that only six samples were taken out of 144 bottles and this court has taken the view that the recovery would be considered only of six bottles.4 In any case more than seven years have already passed so it would be proper to reduce the sentence of t...
Subhkaran Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Jan-08-1987
Reported in: 1987WLN(UC)147
Navin Chandra Sharma, J.1. Though the father's name of Chandan Mal Duggar was Sadasukh (Everhappiness), but unfortunately Chandanmal Duggar is a cursed soul still breathing at the age of 98 years. He wanted to lead a happy married life others and for that purpose he married a lady who died soon after the marriage. To fulfil his human desire to lead a happy married life, he married second time with the mother of Dhanraj Duggar but unfortunately again that happiness, was also shortliyed. The second wife died leaving Dhanraj in a tender age of five years. Then apart from the desire to lead a happy married life, there arose the necessity for Chandan Mal Duggar to give a proper parental care to the minor son of Dhanraj Duggar, and, therefore, he married again in the year 1925 with Smt. Manohardevi. The facts and circumstances leading to this litigation go to show that the name Manohar Devi was only deceptive. This name can very well be attached to the property which in also known as 'Manoha...
Dinesh Chandra and anr. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jan-08-1987
Reported in: 1987WLN(UC)283
Milap Chand Jain, J.1. The appellants Dinesh Chandra and Jagvir Singh have been convicted of the offence under Section 412, IPC and each of then has been sentenced to six years rigorous imprisonment and to pay a fine of Rs. 500/-, in default of payment of fine to undergo simple imprisonment for two months. They have been acquitted of the acquitted of the offence under Section 395, Indial Penal Code.2. The occurrences are said to have taken place of 13-1-1972 near Ajmer and the other near village near village Gordhanvilas, 5-6-miles away from Udaipur. One Man math Bhai along with his wife Renukadevi, his young son and his two friends; Sures. Patel and Hasin Bhai were travelling in a Standard Car bearing Registration No. GJG 8222. The car was driven by Suresh Patel. An ambassador car came from behind when they were near Gordhanvilas. The driver of the ambassador car asked from side, which was given, thereafter the ambassador car stopped obstructing the road. The ambassador car was having...
income-tax Officer Vs. Gopal Dhamani and Laxmi NaraIn Dhamani
Court: Rajasthan
Decided on: Jan-07-1987
Reported in: [1988]172ITR462(Raj)
G.M. Lodha, J.1. 'Jail' and 'no bail' normally to such alleged heinous economic 'anti-social' offenders and tax dodgers, is the deduction, but the revenue's half-hearted approach has reversed 'morale' in this case.2. And now the traditional narration of facts: These two criminal miscellaneous applications have been filed by the Income-tax Officer, Central Circle-I, Jaipur, against the order dated April 10, 1985, of the Sessions Judge, Jaipur City. By these two orders, the non-applicants Gopal Dhamani and Laxmi Narain Dhamani were granted bail. The bail order was passed under Section 439 of the Code of Criminal Procedure, 1973. Both these non-applicants are now sought to be put behind bars by the income-tax authorities by their prayer that the bail should be cancelled as the learned Sessions Judge should not have granted bail in these two cases which are serious economic offences.3. In both these cases, the offences with which the accused are charged relate to Section 276C of the Income...
Ramesh Chandra Vs. Commissioner of Income-tax
Court: Rajasthan
Decided on: Jan-07-1987
Reported in: [1987]166ITR8(Raj)
J.S. Verma, C.J.1. This is a joint reference at the instance of the assessee as well as of the Revenue for answering certain questions of law said to arise out of the Tribunal's order. The questions of law referred at the instance of the assessee are the following, namely :' 1. Whether, on the facts and circumstances of the case, the Tribunal was justified in finding it proved that the business in the name of Subhash Medical Stores, Bhilwara, really belongs to Shri Ramesh Chandra Mundra and the income from the said business was assessable in his individual capacity ? 2. Whether the Tribunal after its finding that the business of Subhash Medical Stores belongs to Shri Ramesh Chandra Mundra was justified in treating the contention of the assessee meaningless that the assessee should have been given an opportunity by the Income-tax Officer to file Form No. 11 ? 3. Whether the learned Tribunal was correct in law in sustaining accordance of status of unregistered firm to the appellant ' 2. ...
income-tax Officer Vs. Gopal Dhamani
Court: Rajasthan
Decided on: Jan-07-1987
Reported in: 1988CriLJ1079; (1987)66CTR(Raj)48; 1987(2)WLN155
ORDERG.M. Lodha, J.1. 'Jail' and 'No bail' normally to such alleged heinous economic 'anti Social' offenders and tax dozzers, is the deduction but Revenue's half hearted approach has reversed the 'morale' in this case.2. And now the traditional narration of facts.3. These two criminal miscellaneous applications have been filed by the I.T.O. Central Circle I, Jaipur against the order dt. 10-4-85 of Sessions Judge, Jaipur City, Jaipur, By these two orders the non-applicants Gopal Dhamani and Laxminarain Dhamani were granted bail. The bail order was passed under Section 439, Cr.P.C. Both these non-applicants are now sought to be put behind bars by the Income-tax Authorities by their prayer that the bail should be cancelled as the learned Sessions Judge should not have granted bail in these two cases which are serious economic offences.4. In both these cases the offences with which the accused are charged relates to Section 276(c) of the Income-tax Act, for evasion of income tax in additio...
Zabar Singh Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Jan-07-1987
Reported in: 1987(1)WLN592
Ashok Kumar Mathur, J.1. Petitioner by this writ petition has challenged the letter dated 4-1-1984 (Ex. R/1) and the reply dated 6-5-1986 (Ex. R/2) and order 28-5-1986 (Ex. R/3). It has further been prayed that the respondent may be directed to send the petitioner for promotion cadre course. Petitioner is working as Platoon Commander in 6th Battalion, R.A.C., Dholpur but he is on deputation in the Department of Intelligence Bureau (Ministry of Home Affairs) Government of India and he is posted as Assistant Central Intelligence Officer (Grade-I) at Jodhpur. Petitioner appeared in selection test for promotion to the post of Commander in December, 1983. Petitioner was declared successful and according to the respondent his name was shown at serial No. 24. The total number of successful candidates for promotion on the post of Company Commander was 25. According to Rule 24 of the Rajasthan Police Subordinate Service Rules, 1974 (here in after referred to as the Act, 1974) the selected candi...
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