Rajasthan Court July 1987 Judgments
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Commissioner of Income-tax Vs. Thakurmal Bajranglal
Court: Rajasthan
Decided on: Jul-21-1987
Reported in: (1987)66CTR(Raj)187; [1988]173ITR66(Raj)
J.S. Verma, C.J. 1. This is a reference made under Section 256(2) of the Income-tax Act, 1961 (for short 'the Act' hereinafter), as a result of a direction of this court to decide the following question of law, namely:' Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the provisions of Section 145 can be resorted to only when the accounts of the assessee are rejected on the ground of defect in the method of maintaining the same ?'2. The assessee is a registered firm deriving income from milling gram, etc., and selling the milled products. The relevant assessment year is 1966-67 for which the corresponding accounting period ended on Ram Navmi Samvat Year 2023 corresponding to some date in the month of April, 1966. During this period, the assessee crushed 10,970 quintals of gram in its mill out of which it recovered dal weighing 8,190 quintals, churi weighing 2,302 quintals and chilka weighing 743 quintals. The aggregate of the total yiel...
Smt. Renuka Parihar and anr. Vs. the Bank of Baroda and ors.
Court: Rajasthan
Decided on: Jul-21-1987
Reported in: 1988WLN(UC)27
J.R. Chopra, J.1. It is a defendants' revision against the order of the learned District Judge, Sirohi dated 30-10-1986 whereby the learned lower court has granted permission to the defendants No. 1 and 2 to defend the suit Under Order 37, CPC on furnishing a Bank guarantee of Rs. 1,00,000/-.2. The facts necessary to be noticed for the disposal of this revision briefly stated are: that defendant No. 1 Smt. Renuka obtained a loan from the Bank of Baroda, Mount Abu Branch amounting to Rs. 1,22,171. 25P. for the purchase of F.C. Mahendra Mini Bus and executed a pro note in favour of the Bank for repayment of this amount @18.5% interest per year. The amount was made payable in monthly instalment of Rs. 3400/- each. The first instalment became due on 1-10-1982. It is alleged that defendant No. 1 Smt. Renuka Parihar has paid a sum of Rs. 65,900/- towards the loan. The Bank has, therefore, claimed now a sum of Rs. 1,19,886.50p. It is alleged by the plaintiff that on the application of defenda...
Saravjeet Kaur Mehmi Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Jul-21-1987
Reported in: 1987WLN(UC)473a
Surendra Nath Bhargava, J.1. This is a habeas corpus petition filed by the mother Smt. Saravjeet Kaur Mehmi for the custody of her minor daughter Kumari Meghna Preetima Singh (in short 'Meghna Singh').2. As per the allegations in the petition, the petitioner was married to Mahendra Pal Singh in United Kingdom on 26th January, 1982 and the girl Meghna Singh was born to the couple on 3rd June, 1983. Unfortunately, the relations between the husband and wife got strained, and the husband Mahendra Pal Singh removed the child from the custody of her mother with out her knowledge. Therefore, the petitioner had to initiate Wardship proceedings in the High Court of Justice (Family Division) U.K. where in the husband came with the case that he had left the child Meghna Singh with his mother Mrs. Jeeto Kaur at Bharomajara, Punjab. On 5-5-1987, a consent order was passed by the High Court of Justice (Family Division) U.K. There after, the petitioner came to India and met Mrs. Jeeto Kaur, mother of...
Nenaram and ors. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jul-20-1987
Reported in: 1987WLN(UC)437
Jasraj Chopra, J.1. This is an application under Section 439 Cr. P.C. filed on behalf of accused-petitioners Nenaram, Bhikaram, Manglaram, Mithalal and Bhanwarlal, all residents of Sojat City.2. The case of the prosecution, briefly stated, is that there was some dispute between the parties about the ownership of two Neem and one Jhajhariya trees. It is alleged that these trees were standing on the boundary between Khasra No. 23 belonging to the complaint side and Khasra No. 1803 belong to the accused-party. The case of the prosecution further is that the accused-person have cut these trees and have taken away its wood. When these trees were being cut a report was lodged at Police Station, Sojat and when the complainant party was returning to Basni Tiwariyan, the accused-persons met them in the way armed with lathis & Pharsies & Khoont etc. and availed them in the way and inflicted injuries to Magharam, Bhikji, Mst. Meera, Mst. Panki, Babulal, Chunnilal and Champalal. Bhikji received in...
Magha Ram Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Jul-20-1987
Reported in: 1987WLN(UC)574
1. In this writ petition petitioner has prayed for restraining the respondent No. 2 from dispossessing him from the land in dispute i.e. Plot No. No. 228-B situated at Bhagat-ki-Kothi, Jodhpur.2. The preliminary objection raised by the learned Counsel for respondents No. 2 and 5 is that the petitioner has availed remedy by way of filing Civil Suit in the Court of Munsif (City), Jodhpur and has application for temporary injunction has been rejected and as such the writ petition should not be entertained.3. This is not in dispute that petitioner has filed a Civil Suit for declaration and perpetual injunction regarding the same subject matter. This is also the admitted position that the application for temporary injunction under Order 39 Rules 1 and 2 was rejected by the learned Munsif. The appeal filed against that order was dismissed by the Addl. District Judge No. 1, Jodhpur. A revision petition filed against the order of the learned District Judge was also rejected by the learned Sing...
Sri Ganganagar Vs. Ashok Tyres
Court: Rajasthan
Decided on: Jul-17-1987
Reported in: [1988]68STC123(Raj)
J.S. Verma, C.J.1. This is a revision by the department against the Tribunal's order dated May 3, 1986, holding that rims and axles fall within the ambit of entry (xiv) of Section 14(iv) of the Central Sales Tax Act which reads as under :Wheels, tyres, axles and wheel sets. 2. It has been held by the Tribunal that these items are liable to sales tax at the rate of 3 per cent instead of 7 per cent under the residuary entry. Accordingly, the department's contention that these goods are to be taxed under the residuary entry has been rejected.3. So far as the 'axles' are concerned the same are expressly mentioned in the above entry (xiv). For this reason the Tribunal's decision relating to axles cannot be challenged. The question is only of the 'rims' used in wheels of cycles and other vehicles. This being so, the Tribunal's view that rims are an integral component or part of a wheel or at least a wheel set, cannot be treated as unjustified. There is no other competing entry. This being so...
Kaloo and anr. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jul-17-1987
Reported in: 1987(2)WLN928
Gopal Krishna Sharma, J.1. These three appeals have been preferred separately by the accused-appellants against the same judgment dated 15th February, 1986, passed by the Additional Sessions Judge, Baran, and hence, they are being disposed of by this common judgment.2. The learned Additional Sessions Judge has found all the accused-appellants guilty under Sections 148 and 302/149, IPC for offence under Section 302/149, IPC he has sentenced each appellant to imprisonment for life, and for that under Section 148, IPC, to rigorous imprisonment for two years. Both the sentences awarded to the accused-appellants, were, however ordered by the learned Additional Sessions Judge, to run concurrently.3. Succinctly narrated, the story of the prosecution is that on 6th April, 1984, at PS Anta, a written report (Ex. P 12) was lodged by one Ram Niwas, alleging that Ramayan Paath was going on in village Puranakhera Ajipura, and that he himself and about ten other persons were sitting there. On the pr...
Abhay Singh and ors. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jul-17-1987
Reported in: 1987WLN(UC)489
Gopal Krishna Sharma, J.1. This appeal is directed against the judgment dated 19-10-1984 passed by the Addl. Sessions Judge, Kishangarhbas convicting and sentencing the appellants under Section 302/34, IPC and sentenced each appellant for life imprisonment and a fine of Rs. 100/-, in default of payment of fine, to undergo 3 months' R.I.2. According to the prosecution story Kishan Lal lodged a report on 6-9-1983 at 11.00 a.m. at Police Station, Mandawar alleging that on 6-9-1983 in the morning at 5.00 a.m. he went to his field to bring grass and when he was returning with the bundle of grass to his house after crossing two fields from his field at 6.00 a.m., all of a sudden Abhay Singh, Gabdu, Srichand, Mst. Chidiya and one more person attacked him. Abhay Singh was armed with 'Farsa' and he gave Farsa blow on his left leg. The other persons also inflicted injuries with lathis on him. Abhay Singh gave another Farsa blow on the right hand. Kishan Lal raised hue and cry and by that cry Mit...
Durga Lal Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jul-17-1987
Reported in: 1987WLN(UC)609
Gopal Krishna Sharma, J.1. This is a criminal appeal against the judgment passed by learned Sessions Judge, Jhalawar, convicting the accused appellant under Section 302 IPC and sentencing him to imprisonment for life and a fine of Rs. 1,000/-, in default of payment of fine, one year RI and also under Section 323 IPC for six months RI.2. A report lodged at the Police Station Aklera, District Jhalawar on 27-11-1983 at 1 p.m. regarding an incident which is alleged to have taken place on 27th November, 1983 between 8 and 8.15 a.m., by Smt Kanti Bai (PW-13), wife of deceased Ram Narain. In the report, it has been mentioned that in the morning at about between 8 to 8.15 a.m., she and her husband were doing repair works of the house ('GARA POT RAHE THE') and her Dewar Durga Lal (accused) came there with a 'Lohadi' (a stick with rings) and started abusing her husband and asked him to get out of the house, and that he will not allow to do 'Gara' (repair of house). Her husband replied that this ...
Radha Kishan Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jul-17-1987
Reported in: 1987WLN(UC)767
1. Appellant Radhakishan has preferred this appeal against the judgment dates 14th Feb., 1985, by the Sessions Judge, Tonk, convicting him Under Sections 302 & 447, IPC and sentencing him to imprisonment for life and a fine of Rs. 2,000/- and in default of payment of fine further undergo one month's rigorous imprisonment for offence Under Section 302, IPC; and three month's rigorous imprisonment and a fine of Rs. 500/- and in default of payment of fine to further undergo fifteen days' rigorous imprisonment for offence Under Section 447, IPC.2. On a Parcha-Bayan of one Smt. Dankha, a case was registered by the SHO, PS, Tonk. In her said statement, she stated that her husband Lala had two wives, and the second wife was Mst. Bhoori, mother of Radhakishan accused, and that Lala had divided his land and given it to her. Radha Kishan son of Mst. Bhoori wanted to have forcible possession over the said land. On 28th Nov., 1983, at about 10 a.m., Mst. Kalyani wife of Radhakishan and his son Ram...
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