Rajasthan Court July 1987 Judgments
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Prasanna and Prakash Vs. Oriental Fire and General Insurance Co. Ltd.
Court: Rajasthan
Decided on: Jul-16-1987
Reported in: 1988(1)WLN417
G.M. Lodha, J.1. This is an appeal under Order 41, Rule 1 and under Section 36(1), CPC against the judgment and decree of the learned Additional District Judge No. 1 Jaipur City,2. The plaintiff firm insured with the defendant company one registered post parcel (Air Mail) containing precious stones to the extent of Rs. 50,000/- and the goods valued at Rs. 16,000/- on the terms and conditions contained in the certificate of declaration (Ex. 1) The plaintiff despatched a shipment of precious stones through General Post Office, Jaipur to the American Security and Trust Company, Pennsylvania and 15th St. Washington DC for the account of M/s. Joseph M. Chatriot and Brothers, Washington DC (U.S.A ). This was sent through plaintiff's bankers, the Bank of Baroda, Tripolia Bazar, Jaipur. The Bank of Baroda in its turn as representative of the plaintiff sent the papers to the Washington Bank in U.S.A., whose name is American Security and Trust Company. The consignment was sent on 7-6-69 by the p...
Smt. Manju Lata Vs. Hitkari Co-operative Shiksha Mahila Mahavidyalaya ...
Court: Rajasthan
Decided on: Jul-16-1987
Reported in: 1987WLN(UC)641
Mahendra Bhushan Sharma, J.1. Ordinance 322 deals with admission to B. Ed. course. It provides that a candidate who after taking a Bachelor's/Shastri Degree of the University or any other University recognised for the purpose by the Syndicate with two teaching subjects (as defined in Note 1 below) has completed a regular course of study in a college, affiliated to the University for one academic year and has during the course of the year delivered at least 40 lessons in a recognised school under the supervision of the staff of the college shall be eligible for admission to the examination for the degree of Bachelor of Education. Under note (i) 'teaching subject' means a subject offered by the candidate at his Bachelor's/Shastri or Master's Degree Examination either as a compulsory subject or as an optional subject as a subsidiary subject provided that the candidate studies it for at least two years and also took University Examinations each year, but shall not include such subjects as ...
Raj Kumar Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jul-15-1987
Reported in: 1988(1)WLN161
N.C. Sharma, J.1. Rajkumar has invoked the inherent powers of this Court in order to quash the order of the Chief Judicial Magistrate, Pali dated August 19, 1980 whereby the Chief Judicial Magistrate upon consideration of the police report and the documents sent with it under Section 173 Cr. PC and after giving the prosecution and the petitioner an opportunity of being heard, formed an opinion that there was ground for presuming that the petitioner has committed offences punishable under clauses 5, 6(i) and (ii) of the Rajasthan (Display of Prices and Stocks of Essential Commodities) Order, 1977 read with Section 3/7 of the Essential Commodities Act, 1955 and further contravened Rules 3, 32, 83 and 76 of the Petroleum Rules, 1976 punishable under Section 23 of the Petroleum Act, 1934.2. Facts in brief are that on receiving information, Satyanarain Calla Enforcement Inspector, Jaitaran along with L.C. Samat Khan and Laxmi Narain reached village Balunda Tehsil Jaitaran at about 11 p m. H...
Smt. Mooli Bai Vs. Tej Karan
Court: Rajasthan
Decided on: Jul-15-1987
Reported in: 1987(2)WLN448
Dinker Lal Mehta, J.1. Defendant appellant has preferred this appeal against the judgment and decree passed by the learned Civil Judge-cum-Chief Judicial Magistrate, Sambher, dated 9th August, 1985. Learned Chief Judicial Magistrate confirmed the decree passed by the learned Munsif, Sambhar, dated 28th August, 1981 in Civil Suit No. 1/77.2. Plaintiff initiated a suit against the defendant for the eviction on 20th December 1976 on three grounds, (i) default, (ii) damage to the property (iii) nuisance.3. The suit was amended by the plaintiff on 12th March, 1980 and he pleaded that his son Gopal wants to do the business of cloth and Manihari in the shop. The shop is needed for his personal use and there is a bonafide necessity and comparative hardship in his favour. Defendant submitted the written statement and it was submitted that Gopal was in service in the RSEB and he is still in service. It was also submitted by them that two shops, namely, one in Halwai Bazar and the other near Cine...
Meera Bux and Ismail by Lrs. and ors. Vs. Ranchhod Das by Lrs. of Alla ...
Court: Rajasthan
Decided on: Jul-15-1987
Reported in: 1987(2)WLN799
Navin Chandra Sharma, J.1. Dispute relates to a plot of land marked v c l n in the site plan annexed to the plaint which admeasures 80' east-west and 49.6' north-south and which is situated in Mohalla Sardarpura of Banner on the north of the pol of Joshi Khimraj. Undoubtedly by a registered sale deed executed on June 7, 1987 and registered on July 15, 1987, Suleman Khan son Anwar Khan and Usman and Habib sons of Suleman Khan Pathan Musalmans of Barmer had for a consideration of Rs. 499/-, sold a plot of two houses measuring 30 cubits east-west and 40 cubits north-south with boundaries specified therein to Usman son of Gheesa and his son Alladeen. Cubit is an old measurement, the length of the arm from the elbow to the tip of the middle finger and is from 18 to 22'. The boundaries of this plot were specified in the sale-deed Ex. 1 as follows:East-'Parat' land of Shri Sardaro and Pancho;West-Way and gate of the plot sold opening on the way;North-Gali;South-House of Khatik Mirabux and Ism...
Mohan Singh Vs. Kartar Singh
Court: Rajasthan
Decided on: Jul-15-1987
Reported in: 1987(2)WLN432
Farooq Hasan, J.1. In S.B. Cr. Misc. Petition No. 134 of 1982 it was directed that, the disputed room shall be used by Kartar Singh add Shri Mohan Singh will not obstruct Kartar Singh from going into the room through the disputed verandah; that, likewise the disputed verandah shall be used by Mohan Singh, and in doing so, Kartar Singh will not in any way obstruct; that, this arrangement shall be subject to the preliminary decree passed on 7-2-1982 in a suit decided between the parties; and that the final decree is to be finally passed in that suit.2. After passing of the aforesaid order, Cr. Misc. Contempt Petition No. 2964/86 was filed against the present non petitioner Kartar Singh making allegations that he did not care to comply with the aforequoted directions and the order passed by this court; and in that contempt petition, it was directed under order dated 2-2-1987 that the non-patitioner shall vacate the verandah within fifteen days otherwise necessary action shall be taken aga...
Gram Panchayat Vs. Nihal Singh
Court: Rajasthan
Decided on: Jul-14-1987
Reported in: 1987(2)WLN751
Dinkar Lal Mehta, J.1. This revision petition is directed against the order dated 2-5-1986, passed by the learned Addl. Munsif and Judicial Magistrate, Hindaun City. In the revision petition learned Addl. M.J.M. Hindaun City, has issued a mandatory injunction to restore the connection of electricity of both the shops. Further prohibitory injunction has also been issued against the defendant that they will not disturb the supply of electricity.2. Plaintiff-non-petitioner instituted a suit against the defendant petitioner on the ground that the defendant has dis-connected the electricity connection without following the due process of law. It was also contended by the plaintiff that the defendant has no right to take the law in his hand.3. Mr. Joshi, learned Counsel for the petitioner submitted that the Executive Magistrate who is having jurisdiction under Section 12 of the Rajasthan Premises (Control of Rent) Act, 1950 (here in after referred to as 'the Act'), can only exercise his powe...
CTO, Circle 'A' Vs. Bhanwar Lal Mutha and Sons
Court: Rajasthan
Decided on: Jul-14-1987
Reported in: 1987(2)WLN753
Jadish Sharan Verma, C.J.1. This is a revision against the order dated February 21, 1979 passed by the Board of Revenue in a revision. The relevant assessment years were 1966-67 and 1973-74. The question involved for decision is whether embroidered cotton sarees fall within the definition of 'cotton fabrics' as denied in item 19 of the first schedule to the Central Excise and Salts Act, 1944. That definition is material, since item 18 of the schedule to the Rajasthan Act which is the material entry of taxation refers to all cotton fabrics' as defined in the Additional Duties of Excise (Goods of Special Importance) Act, 1957 and Section 2(c) of the Additional Duties of Excise (Goods of Special Importance) Act, 1957 provides that the expression 'cotton fabrics' shall have the meaning assigned to it in item 19 of the first schedule to the Central Excise and Salt Act, 1944.2. The aforesaid item 19 of the first schedule to the Central Excise and Salt Act, 1944, which is material stood at th...
Commercial Taxes Officer Vs. Kamal and Company
Court: Rajasthan
Decided on: Jul-10-1987
Reported in: [1987]67STC136(Raj); 1987(2)WLN748
J.S. Verma, C.J.1. This is a revision by the department against the order dated 1st January, 1973 passed by a Division Bench of the Board of Revenue in a special appeal against the order dated 16th September, 1970 passed by a Single Bench of the Board of Revenue in a revision.2. The assessee preferred an appeal to the Deputy Commissioner (Appeals) being aggrieved by the order of the assessing authority disallowing certain deductions and imposing a penalty of Rs. 13,000 under Section 16(1)(c) of the Rajasthan Sales Tax Act, 1954 (hereinafter referred to as 'the Act') for late submission of the return for the period 1961-62. The Deputy Commissioner (Appeals) partly allowed the claim for deductions as well as penalty by order dated 23rd January, 1967 and reduced the amount of penalty from Rs. 13,000 to Rs. 3,000. The department alone filed a revision to the Board of Revenue under Sub-section (1) of Section 14 of the Act on 3rd May, 1968. The assessee did not prefer any revision as provide...
Hemraj Udyog Vs. Commercial Taxes Officer and ors.
Court: Rajasthan
Decided on: Jul-10-1987
Reported in: [1987]67STC229(Raj); 1987(2)WLN738
J.S. Verma, C.J.1. This is a revision by the assessee against the order dated 21st November, 1978, passed by the Board of Revenue in a revision under Section 14(2) of the Rajasthan Sales Tax Act, 1954 (hereinafter referred to as 'the Act').2. The assessee manufactures vegetable oil and carries on the business of selling vegetable oil as well as its packing material, empty tins, in respect of both of which it is a registered dealer under the Act and both these items are entered in its registration certificate. For the year 1975-76 assessment was made of the sales of vegetable oil packed in tins made by the assessee. In the bills prepared by the assessee the cost of empty tins used as packing material for the vegetable oil was shown separately. The sales tax charged for vegetable oil was at the rate of 7 per cent, while that for the packing material, namely, tins, was 3 per cent as prescribed for the packing material. The assessing authority also included the amount of freight in the tax...
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