Rajasthan Court March 1987 Judgments
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Kumar Rajeev Vs. State of Rajasthan
Court: Rajasthan
Decided on: Mar-19-1987
Reported in: 1987(1)WLN761
Navin Chander Sharma, J.1. Yashwant Singh Singhvi non-petitioner No. 2 was proprietor of M/s. Shiva Chemicals, Udaipur, who had obtained a soft loan of Rs. 1,84,000/- from the Rajasthan Finance Corporation repayable in yearly instalments. Singhvi paid interest for the first year but failed to take the payment of instalments for the year 1978-79 whereupon the RFC called upon Singhvi to make payment and on his failure, the R.F.C. took over management and possession of the factory on March 6, 1980.2. Singhvi instituted a civil original suit against the R.F.C. alleging that the latter had no right to remain in possession and that the possession which had been taken over by the R.F.C. may be declared invalid. He moved an application for temporary injunction. The Additional District Judge, Udaipur, granted temporary injunction restraining the RFC from auctioning the factory or any of its assets during the pendency of the suit and the Corporation was directed to take land tax to keep the chem...
Sultan Singh Vs. State of Rajasthan
Court: Rajasthan
Decided on: Mar-18-1987
Reported in: 1987(2)WLN467
Guman Mal Lodha, J.1. This is one of these typical case which requires sympathetic consideration in the matter of sentence or grant of probation. The accused belongs to Scheduled Caste was coming on a cycle and it was found that he had one bottle in which he was having 400 ml. of liquor.2. This is criminal revision against the judgment dated 10-9-1982 passed by Additional Sessions Judge, Kishangarh-Bas, Alwar in Criminal Appeal No. 308/1980.3. The entire prosecution case is dependent upon this recovery from Us body and that too while coming on a cycle and it is further mentioned that he was drunk.4. The accused in his statement stated that he was a teacher and he came from centre after taking salary and when he was going to the school the Excise people were beating a lady, and he has told them why they were beating the lady, on which they said that she has committed crime. On this the Excise people gave beating to the accused and told him that he will teach a lesson and caught hold of ...
Chand Ali and 15 ors. Vs. Mahesh Shikshan Sansthan and ors.
Court: Rajasthan
Decided on: Mar-18-1987
Reported in: 1987WLN(UC)311
Ashok Kumar Mathur, J.1. These are the sixteen appeals involving a similar question of law and fact, therefore, they are finally disposed of together on the basis of an agreement between the parties. A notice was also given to the University and the University has been served, but nobody has chosen to appear and contest into detail facts.2. It is not necessary to go into detail facts as the short question involving in these appeals is that the students having been allowed by the Court by its order dated September 9, 19,86 were not permitted to take their final examination in the B.Ed. (Vacation) Course for the session 1986-87. The objection which has been raised by the institution was that the candidates have not delivered forty teaching lessons and have not observed the same number of lessons during the Session. The contention of the Management is that these candidates, though knowing fully-well the implication of their agreement before Division Bench on 14-8-86 have given in writing ...
Union of India (Uoi) Vs. Ratan Lal
Court: Rajasthan
Decided on: Mar-18-1987
Reported in: 2(1988)ACC232
A.K. Mathur, J.1. This is an appeal against the award of the Judge, Motor Accidents Claims Tribunal, Jodhpur dated 13-10-82.2. The brief facts, giving rise to this appeal are that on 3rd June, 1979 at about 930 A.M. claimant's truck RJQ 9681 was standing outside his godown in village Fidusar on Jodhpur Jaisalmer Road. At that time, truck No. 281/74F 1010 alongwith trailer No. 7552490H came with an excessive speed in a rash and negligent manner from Jodhpur side and struck against the truck of the claimant and as a result of this the truck of the claimant was damaged. On account of the accident the excel, shaft and back side body of the the truck was seriously damaged. Three tyres of the truck were also damages. Chesis also got little bend. Claimant suffered hige and he got his transport repaired for that he had to pay a sum of Rs. 9171 60 The claimant claimed a sum of Rs. 5600/- for period 3rd June, 79 to 28th July, 1979 when the truck remains unserviceble for a period of 56 days. The ...
Prahlad Prasad Nag Vs. Raghunath Prasad and ors.
Court: Rajasthan
Decided on: Mar-17-1987
Reported in: 1987(2)WLN761
Inder Sen Israni, J.1. This is a revision petition under Section 115 CPC against the order dated 3rd September, 1986, passed by learned additional Civil Judge No. 1, Jaipur City in Civil Suit No. 104/74, rejecting the plaintiffs application for amendment of the plaint.2. I have heard the learned Counsel for the petitioner. None appears on behalf of the respondents inspite of service of notice for admission and disposal of this petition.3. Late Shri Kalu Ram, plaintiff filed a regular civil suit for possession and mesne profits against the non-petitioners for certain apartments in a house bearing Municipal No. 1171-74 situated in Jaipur. The suit was filed on 17-8-1974 and the plaintiff Kalu Ram died on 19-7-1974. The petitioner applied for substitution on the basis of Will dated 30-4-1972. This matter regarding substitution came to the level of this court and it was decided that he is entitled to be substituted in place of late Kaluram. The written statement was therefore, filed by the...
Munna Lal Vs. State of Rajasthan
Court: Rajasthan
Decided on: Mar-17-1987
Reported in: 1987WLN(UC)397
Mahendra Bhushan Sharma, J.1. Heard learned Counsel for the accused petitioner as well as the learned Public Prosecutor. The accused remained absconding for about 8 years and it was only after the arrest warrant were issued he could be apprehended on 7th March, 1987 after absconding on 30 May, 1979. In the case of present nature when the accused has misused the bail generally the accused is not entitled to bail. But an offence is under Section 279 IPC sentencing 6 months Rule 1. or fine and generally a sentence of fine is inflicted wherein few exceptions depend upon the seriousness of the case. The accused is said to be suffering from tuberculosis and the marriage of his daughter is also going to take place. Taking into consideration all the facts I am inclined to grant one more opportunity to the accused petitioner. I allow this application and direct that the accused petitioner shall be released on bail on his furnishing a personal bond in the sum of Rs. 6,000/- with 2 sureties in th...
Commissioner of Income Tax Vs. Sri Ganganagar Fertilizer Corporation.
Court: Rajasthan
Decided on: Mar-15-1987
Reported in: (1987)65CTR(Raj)289
ORDERByas, J. - The Tribunal, Jaipur Bench, has referred the following question of law under s. 256(1) of the Income-tax Act, 1961 (hereinafter referred to as the Act) for adjudication :'Whether, on the facts and in the circumstances of the case, the Tribunal is justified in holding that in the case of a newly established industrial undertaking for the purpose of s. 80J of the IT Act, 1961 and r. 19A of the IT Rules, 1962, borrowed money formed part and parcel of this capital employed in such an undertaking and in directing the ITO to recompute the capital employed by the assessee-firm in its newly established industrial undertaking without deducting borrowed monies therefrom ?'Material facts stated in brief, are that the assessee is a partnership firm carrying on the business of manufacturing and sale of fertilizer. The assessment years are 1973-74 to 1975-76. In the returns filed by the assessee, it claimed a relief under s. 80J of the Act at 6 per cent of the capital included the bo...
Madan Vs. State of Rajasthan
Court: Rajasthan
Decided on: Mar-15-1987
Reported in: 1987(2)WLN468
Guman Mal Lodha, J.1. This is a criminal revision under Section 397 Cr. P.C. against the judgment dated 6-10-1982 of the Additional Sessions Judge, Jhalawar in Appeal No. 32 of 1982.2. On 19-12-1972 a complaint was lodged by one Kanhiram alleging that on 15-12-1972 at about 5.00 p.m. when he was drawing water by CHARAS Madan his son-in-law started beating his daughter Shanti. Kanhiram went there and tried to appease Madan. Madan waved his Kulhari and injured the right cheek of Kanhiram and another accused Shiv Lal inflicted an injury by the butt of the gun on the back of the Kanhiram which made him fall down. Madan inflicted an injury by Kulhari on the nose of Kanhiram and kept on beating him by the blunt side of his Kulhari so he became unconscious. After this complaint the investigation was done and ultimately the challan was filed. The accused has been convicted under Section 326, Indian Penal Code.3. The principle submission of counsel for the petitioner Madan M. Garg who appeared ...
Pawan Kumar and Co. Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Mar-13-1987
Reported in: [1988]173ITR394(Raj); [1988]68STC194(Raj)
1. This writ petition is directed against the order dated April 25, 1986 (exhibit 2) of the Additional Commissioner, Commercial Taxes Department, Rajasthan, Jaipur, the assessment order (exhibit 3) dated February 28, 1987, and the notice of demand (exhibit 4). The assessment order dated February 28, 1987 (exhibit 3), is appealable and, admittedly, the appeal lies to the Deputy Commissioner, Commercial Taxes. Counsel for the petitioner urged that in view of the circular letter of the Additional Commissioner (exhibit 2), the remedy of appeal has been rendered futile as the circular letter would dominate the appellate proceedings and the appellate order which may ultimately be passed by the Deputy Commissioner. It may be stated that the circular letter is only administrative in character, whereas the assessing authorities act as quasi-judicial authorities and being quasi-judicial authorities, they are required to decide the questions which may arise before them in accordance with law afte...
Baboo Lal Gehlot Vs. Urban Improvement Trust and ors.
Court: Rajasthan
Decided on: Mar-13-1987
Reported in: 1987WLN(UC)287
Kanta Bhatnagar, J.1. This writ petition under Articles 226 & 227 of the Constitution of India has been filed by the petitioner for issuance of writ of prohibition for restraining respondent No. I the Urban Improvement Trust, Bikaner (for short the UIT here in after) from proceeding with the proposed auction in pursuance of Annexure 4.2. The averments in the writ petition are that the petitioner has a shop in the India Market in front of the P.B.M. Hospital, Bikaner. That the scheme of that market was approved by the U.I.T. and put in execution. That, space for parking was earmarked for the utility of the shopkeepers and the visitors of the market and it was being soused for a longtime. That the U.I.T. thereafter proposed to auction that land earmarked for the parking and issued Notice Annexure-4. which has caused grievance to the petitioner and those for whose use the land was reserved.3. The grievance of the petitioner is that once a scheme has been sanctioned under the Rajasthan Urb...
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