Rajasthan Court February 1987 Judgments
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Durga Prasad Choudhary Vs. Amar Singh and Bal Singh
Court: Rajasthan
Decided on: Feb-04-1987
Reported in: 1987(2)WLN470
Guman Mal Lodha, J.1. These two typical cases of gross abuse of process of court where the prosecution has become persecution. Shri Durga Prasad Choudhary aged about 78 years, Proprietor and Chief Editor of Nav Jyoti is facing the charge of defamation for publication of news item regarding the Birla Public School. Prosecution evidence was examined and thereafter the accused were examined on 14th June, 1983 the case was kept for defence evidence, which was closed on 6-3-1984 and the case was kept for arguments and judgment. The arguments were not heard on various dates for some reason or the other and thereafter on 29th May, 1984 bail bonds were forfeited and non bailable warrant was issued.2. It is surprising that in a case of defamation after evidence of both parties had been closed and the accused had been examined and the case was in the process of arguments, this extreme step of issuing non-bailable warrants for the presence of the accused at the time of arguments was adopted by th...
Smt. Shakuntla Devi Vs. State of Rajasthan and 16 ors.
Court: Rajasthan
Decided on: Feb-04-1987
Reported in: 1987WLN(UC)701
Narendra Mohan Kasliwal, J.1. All these petitions are disposed of by one single order as identical questions of fact and law are involved in these cases. The petitioners were appointed as Class-IV servant in Medical and Health Department by order dated 1-9 1984. The above appointments were given after interviewing the petitioners by a Board consisting of five members i.e. Collecter, S.D.M. Treasure C.M.H.O. and Deputy Chief Medical and Health Officer. According to the appointment letters the petitioners were appointed on daily wages of Rs. 9/- per day which was subsequently revised to Rs. 11/- per day with effect from 1-1-1985. The case of the petitioners is that their services were terminated by order dated 1-4-1986 while the services of 8 candidates have been regularised. It has been submitted that there was no mistake or deficiency in the work of the petitioner nor any adverse remarks were ever made in the service record of the petitioners. It has been submitted that the services of...
Chhotulal and Etc. Vs. Ratan Chand and Etc.
Court: Rajasthan
Decided on: Feb-03-1987
Reported in: AIR1988Raj80; 1987(1)WLN215
ORDERNavin Chandra Sharma, J.1. This order will decide Civil Revisions Nos. 486 of 1985 and 352 of 1983 by this common order because in both of them common questions of law and fact are involved.2. In both these revisions, the petitioners are persons who obstructed the delivery of possession which the Sales Ameen wanted to enforce in execution of a warrant for delivery of possession issued by the trial court under Order XXI, Rule 35, C.P.C. on applications for execution filed by non-petitioners in both the cases. Ratanchand non-petitioner in Civil Revision No. 485 of 1985 in execution of his decree against the judgment-debtor got a warrant of possession issued from the Munsif, Bikaner in execution case No. 68 of 1979 of that Court. This warrant of possession was returned by the Sales Ameen to the executing court with a report that the petitioners Chhotulal and Smt. Sadra, who are said to be brother and mother respectively of the judgment-debtor, obstructed the delivery of possession. T...
Commercial Taxes Officer Vs. S. Zoraster and Co.
Court: Rajasthan
Decided on: Feb-03-1987
Reported in: [1988]68STC89(Raj)
J.S. Verma, C.J.1. This was a reference which is now heard as a revision under Section 15 of the Rajasthan Sales Tax Act, 1954, as amended by the Amendment Act of 1984. 2. The question of law referred for the decision of this Court, is as under : Whether, on the facts and in the circumstances of the case, the Board of Revenue was justified in holding that the Commercial Taxes Officer, Special Circle I, Jaipur, was not competent to file special appeal because the assessment was finalised by the Commercial Taxes Officer, Special Circle II, Jaipur, whereas at the time of filing of special appeal, the Commercial Taxes Officer, Special Circle I was the assessing authority and the petition is presented by the assessing authority 3. There is no longer any dispute that the point involved for decision in the above question, is covered by a Division Bench decision of this Court in the case of Commercial Taxes Officer, Special Circle I, Jaipur v. S. Zoraster & Co. [1985] 59 STC 214, which inciden...
Commercial Taxes Officer Vs. Kamal and Co.
Court: Rajasthan
Decided on: Feb-03-1987
Reported in: [1987]67STC402(Raj)
J.S. Verma, C.J.1. All these matters are references which are heard and decided as revisions under the newly substituted Section 15 of the Rajasthan Sales Tax Act, 1954, as amended by the Amendment Act of 1984.2. The common question referred for the decision in all these three cases, is the following:Whether, the learned Members of the Board could allow costs to the opposite parties for verification of memo of appeal in the absence of any provision in the Act and where the provision of C. P. C. do not apply ?3. The above question which is the only point for decision in these matters, does not require any elaborate consideration. It is obvious that the power to award costs, is a matter within the discretion of the authority, and must, therefore, be accepted. In this regard, I find support from a Division Bench decision of this Court in the case of Commercial Taxes Officer v. English Wine & Provision Stores. Nothing is shown in support of the contrary conclusion. This power does not depe...
Commercial Taxes Officer Vs. Mangi Ram Hari Ram
Court: Rajasthan
Decided on: Feb-03-1987
Reported in: [1987]67STC283(Raj)
J.S. Verma, C.J.1. This was a reference which is now heard as a revision under Section 15 of the Rajasthan Sales Tax Act, 1954, as amended by the Amendment Act of 1984.2. The question of law referred for the decision of this Court, is the following:Whether, on the facts and circumstances of the case, the Board of Revenue was justified in holding that the containers were not taxable without considering whether there was implied sale or not ?3. The assessee was a dealer carrying on business of manufacture and sale of snuff. For the year 1968-69, the assessing authority found that the assessee sold snuff packed in tin containers as inter-State sales, to the extent of Rs. 3,38,871.56 out of which, the value of the tin containers amounted to Rs. 48,264.93 as revealed from the account books. In the sale transaction of snuff, no separate charge was recovered for the tin containers, and the goods sold, namely, snuff, was exempt from sales tax. The assessing authority held that the transaction ...
Commercial Taxes Officer Vs. Tata Oil Mills Ltd.
Court: Rajasthan
Decided on: Feb-03-1987
Reported in: [1987]67STC389(Raj)
J.S. Verma, C.J.1. This was initially a reference which is now heard as a revision under Section 16 of the Rajasthan Sales Tax Act, 1954, as amended by the Amendment Act of 1984.2. The question of law referred for the decision of this Court, is the following :Whether, on the facts and circumstances of the case, the rebate allowed by the assessee on account of reduction of price as per agreement to its dealers amounts to discount deductible under Section 2(t) of the Rajasthan Sales Tax Act, 1964 and Rule 29(a) of the Rajasthan Sales Tax Rules, 1965 ?3. The assessee, M/s. Tata Oil Mills Ltd., entered into an agreement with its retail dealers, under which, it allowed full rebate to the extent of reduction in prices on the entire actual stock held by the dealers on the date of reduction in prices, irrespective of the date of supply. During the assessment year 1967-68, the assessee showed taxable turnover of Rs. 32,13,542 after deducting the amount of Rs. 41,137 therefrom as the rebate give...
Bhamji Vs. State of Rajasthan
Court: Rajasthan
Decided on: Feb-03-1987
Reported in: 1987(1)WLN405
Ashok Kumar Mathur, J.1. This is an appeal against the conviction and sentence of the accused under Section 302 I.P.C. by the learned Sessions Judge, Banswara by his judgment dated 17-12-1981/18-12-1981.2. The facts giving rise to this case are that on 28-6-81 deceased Jeetra was working in his field. His field is 200 feet away from his house. PW 14 Kali wife of deceased Jeetra was also sitting at her house and feeding her daughter. PW 15 Dalia who has a field adjoining to the field of deceased Jeetra was also working in his field. PW 5 Wesa daughter of deceased Jeetra was also working in the field. It is alleged that deceased Jeetra was well versed in witch craft. Accused Bhamji apprehended that his daughter, prior to this incident, died on account of the witch craft of deceased Jeetra. Therefore, he entertained a doubt that he has caused the death of his daughter. On the fateful day i.e. on 28-6-1981 accused Bhamji along with his wife and daughter came at the field of deceased Jeetra...
Dr. Ratan Chand Mathur Vs. Durga Devi
Court: Rajasthan
Decided on: Feb-03-1987
Reported in: 1987(1)WLN651
Jas Raj Chopra, J.1. This petition is directed against the order of the learned Judicial Magistrate No. 4, Jodhpur dated 19-10-1984 whereby the learned lower court has held that the petitioner be sentenced to one month's imprisonment for every default of Rs. 100/-. In this case, Rs. 5,472/-were due against the petitioner as maintenance allowance and therefore, the petitioner has been sentenced to 54 months' imprisonment.2. Aggrieved against this judgment, the petitioner has filed this petition.3. The petitioner has submitted that after this case was remanded back this court vide its order dated 28-8-1984, he has filed an application before the learned lower court under Section 125(3) Cr. PC signifying his desire to maintain his wife on the condition of her living with him. According to him, his application should have been enquired into by the learned Magistrate but the learned Magistrate has dismissed his request without enquiring into that application. He has further submitted that a...
Madan Singh Vs. State of Rajasthan
Court: Rajasthan
Decided on: Feb-03-1987
Reported in: 1987(1)WLN455
Shyam Sunder Byas, J.1. The appeal is directed against the judgment of the learned Additional Sessions Judge (2), Hanuman Garh dated Dec. 9, 1981 where by the appellant Madan Singh was convicted under Sections 302 and 201, I.P.C. and was sentenced to imprisonment for life with a fine of Rs. 2000/- on the first count and two years' rigorous imprisonment with a line of Rs. 1000/- on the second count. Substantive sentences were directed to run concurrently.2. Briefly recalled, the prosecution case is that the deceased victim Gurudayal Jat was the son of PW 9 Raja Ram and brother of PW 7 Mohar Singh and was residing with them in village Dubli Kalan, Police Station, Tibi District Sri Ganganagar. The accused is a resident of village Chhajusar District Churu. In 1979, the accused was employed as a 'Haali' (agricultural labourer) by Raja Ram to work on his fields situate in Chak-4 R.R.P. Rohi Mauja Dabbli. The accused had executed the agreement Ex. P 8 in that respect in favour of Raja Ram on ...
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