Rajasthan Court May 1987 Judgments
Rajasthan Kisan Sangthan Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: May-22-1987
Reported in: AIR1989Raj10
Bhargava, J. 1. Smt. Srilata Swami-nathan (hereinafter referred to as Smt Srilata), District President of Rajasthan Kisan Sangthan, District Banswara, wrote a letter to the Chief Justice of this Court, dated 24th December, 1986; which was ordered to be registered as a writ petition on 5-1-1987 by the Hon'ble Chief Justice and it came up for orders before the Court on 12-1-1987, and Shri M. I. Khan, Addl. Advocate General took notice on behalf of the State of Rajasthan. Notices were also ordered to be issued to Babu, Lehrulal, SHO, P.S. Danpur, Abbey Singh, SHO, P.S. Thikaria, Ganpat Singh, SHO, P.S., Lohariya, Pukhraj Seervi, Supdt of Police, Banswara and Syed Mohd. Head Constable, and also to Collector, District Bhilwara. Thereafter, Shri G. K. Garg, appeared for the petitioner. It was further ordered that the reply should be filed within a week. Learned counsel for the State sought time on three occasions. Affidavits of Shri Pukhraj Seervi, Supdt. of Police, Banswara, Shri N. M Sharm...
Tag this Judgment!Raghubeer Singh Vs. State of Rajasthan
Court: Rajasthan
Decided on: May-22-1987
Reported in: 1987WLN(UC)368
Vinod Shanker Dave, J.1. Learned Sessions Judge, Alwar vide order dated 6-51987 granted bail to Lalu Khan who has brought the prosecutrix from West Bengal. The diary discloses that he has brought another girl also from West Bengal It appears, this fact has escaped the notice of the learned Sessions Judge, Alwar which has resulted in grant of the bail. Besides this the case, according to me, has not been properly investigated so far. Evidence has not been gathered as to what consideration Lalu Khan had there he gave her to Bagh Singh, for the reasons best known to the Investigating Officer It appears that the principal accused is Lalu Khan, who brings girls from Bihar & West Bengal and then sell them for trafficing. Issue notice to Lalu Khan as to why the bail granted to him should not cancelled It is desirable that some very senior officer should be deputed to investigate such case which may unearth a racket, if possible even by crime branch CID. The investigation is in a fluid stage w...
Tag this Judgment!Hamid S/O Sharafat Ali Vs. State of Rajasthan
Court: Rajasthan
Decided on: May-21-1987
Reported in: 1987(2)WLN370
Vinod Shanker Dave, J.1. The stay application in Criminal Misc. Petition No. 195/87 came up for orders to day. Since the arguments on the stay application as well as the main petition were the same with the common consent of both the learned Counsel for the parties it was decided to hear arguments in details in the main petition as well and thus by this order the main petition under Section 482 Cr. P.C. is being disposed of.2. The petitioner, Hamid Ali, filed a First Information Report at police station Todabheem on April 24, 1978 for offences under Sections 341, 323 and 147 I.P.C. The allegations levelled in this report were that the petitioner Hamid Ali on April 23, 1978 when was returning after grazing his she-goats he was way laid by various persons named in the report and was beaten by fists and kicks. The police after investigation submitted a final report and observed therein that the report was false and it was filed for illegally harassing the complainant. The SHO concerned fo...
Tag this Judgment!Ram Singh Vs. State of Rajasthan
Court: Rajasthan
Decided on: May-21-1987
Reported in: 1987(2)WLN394
Shyam Sunder Byas, J.1. In this petition under Article 226 of the Constitution, the petitioner challenges the validity of the order (Annexure 1) dated January 7, 1987 of the District Magistrate, Jaislmer, by which his brother Kishan Singh has been detained under Section 3(2) of the National Security Act, 1980 (here in after to be referred to as 'the Act') in Central Jail, Jodhpur.2. As per averments disclosed in the petition, the detenu Kishan Singh was arrested at Jaisalmer on January 6, 1987 and was thereafter lodged in the Central Jail, Jodhpur on 7th January 15, 1987, the detenu was communicated the grounds of his detention along with the documents Annexure-3 and Annexure-4. The grounds communicated to him were that he was constantly visiting Pakistan in illegal manner for last four or five years, he was transmitting the secret information relating to the security of the Country to Pakistani agents and was indulging in spying and espionage activities which posed a threat to the sec...
Tag this Judgment!Chandu Lal S/O Asardas Sindhi Vs. Sewa Ram S/O Rellumal and ors.
Court: Rajasthan
Decided on: May-21-1987
Reported in: 1987WLN(UC)547
Vinod Shanker Dave, J.1. Show cause notice was issued to the accused and the record was sent for. I have heard the learned counsel for the parties and have perused the judgment and the record of the trial court. The findings of acquittal have been recorded mainly on two points. One is the delay in lodging of the First Information report and another is that the medical report does not corroborate the oral testimony. So far as the delay is concerned another interpretation has been taken by the evidence of the complaint possibly another view could be taken and it could have been held that the same is explained and regarding medical evidence evenif there was no report proved, change of unlawful assembly independently could be held proved, but one view of the matter has been taken by the learned Magistrate which cannot be said to be perverse. It is now well settled that even if two opinions of the same evidence can be taken, even then it is not a ground for reversing the acquittal. Besides ...
Tag this Judgment!Samsu and ors. Vs. State of Rajasthan
Court: Rajasthan
Decided on: May-20-1987
Reported in: 1987(2)WLN355
Surendra Nath Bhargava, J.1. These three appeals arise out of the common judgment of learned Additional Sessions Judge, Deeg convicting and sentencing the accused appellants as under:Samsu, Sabu, Deenu & Medli & BashirUnder Section 302 Rule with 149 I.P.C. -- life imprisonment and a fine of Rs. 200/- each, in default of payment of fine, 2 months SI;Under Section 148 I.P.C. -- 2 Years RI;Deenu -- Under Section 323 I.P.C. -- 6 months RI.2. The prosecution case, briefly stated, is as follows: Sardar (PW 1) submitted a written report (Ex. P 1) regarding an incident which had happened on 8-9-1983 between 6-7 a.m. The said report was registered at the Police Station Pahadi at 1.30 p.m. and marked as Ex. P 2. According to this report, Nuruddin, Abdul s/o Med Singh, Asu, Umar Mohd. s/o Moti and Jumma Khan s/o Rahim Khan were sitting at the residence and were taking Hookah. Accused persons came there suddenly. Samsu had a country, made pistol and Pharsa in his hand, Sabu had a Farsa in his hand...
Tag this Judgment!Kanwar Pal Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: May-19-1987
Reported in: AIR1988Raj150; 1987(2)WLN676
Israni, J.1. The petitioner has filed this writ petition challenging two orders dt, 25th July, 1986 (Annexures 1 and 2), wherein it exempted the provisions of Sections 30 and 31 of the Rajasthan Co-operative Societies Act, 1965 (hereinafter called as 'the Act') and ordered that the date fixed by the Election Officer shall be deemed to be the general meeting of a co-operative society (Annex. 1) and by another order of the same date (Annex. 2) exempted application of Sub-rule (2) of Rule 32 of the Rajasthan Co-operative Societies Rules, 1966 (hereinafter referred to as 'the Rules') and thus requirement of quorum for holding a meeting was also exempted. Shri S. K. Mathur, Assistant Registrar, Co-operative Societies, Khairtha was appointed Election Officer by the Joint Registrar, Co-operative Societies, Bharatpur vide order dt. 13-4-87 for conducting elections of the Members of the Committee (Board of Directors) and office-bearers of Sawai Madhopur Central Co-operative Bank Ltd, Sawaimadho...
Tag this Judgment!Shree Poongalia JaIn Swetamber Mandir Vs. Commissioner of Income-tax
Court: Rajasthan
Decided on: May-19-1987
Reported in: (1987)65CTR(Raj)38; [1987]168ITR516(Raj)
Agrawal, J.1. In these references relating to the assessment years 1972-73, 1973-74 and 1974-75, the Income-tax Appellate Tribunal, Jaipur Bench, Jaipur (hereinafter referred to as ' the Tribunal'), 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 was justified in holding that the appellant-trust could not be granted exemption under Section 11/12 of the Income-tax Act, 1961, for the assessment years 1972-73, 1973-74 and 1974-75? 2. Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the claims of the appellant-trust in respect of exemption under Section 11/12 of the Income-tax Act, 1961, for the assessment years 1972-73 and 1973-74 were forfeited by virtue of the provisions of Section 13(1)(c) read with the Explanation to Section 13(1) and Section 13(2)(a) and Section 13(3) of the Income-tax Act, 1961 ? 3. Whether, on the facts and in the c...
Tag this Judgment!Commissioner of Income-tax Vs. Maharaja Sawai Mansinghji Museum Trust
Court: Rajasthan
Decided on: May-19-1987
Reported in: (1987)65CTR(Raj)46; [1988]169ITR379(Raj)
S.S. Byas, J. 1. The Income-tax Appellate Tribunal (Delhi Bench 'E'), Delhi, has remitted the following question of law to this court for its decision :'Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the assessee is an educational institution within the meaning of Section 10(22) of the Income-tax Act, 1961, and is, therefore, not liable to be assessed under the Act ?'2. Briefly recapitulated, the material facts are that the assessee, Maharaja Sawai Mansinghji Museum Trust, City Palace, Jaipur, is a public charitable trust duly registered under the Rajasthan Public Trusts Act, 1959. The late Maharaja Mansinghji, the ex-ruler of the erstwhile State of Jaipur, created a trust on April 16, 1959, by a registered deed and founded a museum in a portion of the City Palace, Jaipur, for the benefit of the public. By a supplementary deed of trust executed in 1972, some more properties were settled on trust. It has been treated and accepted a...
Tag this Judgment!Central Academy Education Society Vs. Jaipur Development Authority
Court: Rajasthan
Decided on: May-19-1987
Reported in: 1987(2)WLN744
Dinkar Lal Mehta, J.1. This revision petition has been preferred by the petitioner against the order passed by the learned Addl. Distt. Judge, Jaipur City, No. 3, Jaipur on 20th March, 1987, where by the order passed by the learned Munsif Magistrate (East), Jaipur City, Jaipur, dated 24th April, 1986, was set aside.2. Plaintiff petitioner the Central Academy Education Society, is occupying the premises as a tenant and some construction on the premises let-out was carried-out by the society in the year 1976. The JDA intended to demolish the construction so made. Plaintiff petitioner moved to the State Government and obtained stay-order on 24th July, 1976. The State Government, directed that no demolition should be carried-out. It is further alleged by the JDA that some additional construction was made in the year 1983 by the occupier tenant again. The stay order which was granted by the State Government on 24-7-1976, was vacated on 11th May, 1984. It is further alleged that the plaintif...
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