Rajasthan Court August 1987 Judgments
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Rajasthan State Road Transport Corporation Vs. Jaswant Lal and ors.
Court: Rajasthan
Decided on: Aug-19-1987
Reported in: 2(1988)ACC100
J.R. Chopra, J.1. This appeal has been filed against the award of learned Motor Accident Claims Tribunal dated 5-5-82 whereby the learned Claims Tribunal has decreed the claim of the respondent against the appellant for a gum of Rs. 65,000/-. Alongwith him claims of Shri Dhan Singh, Shri Raj Mohan and Sh. Jagdish Lal injured were also decreed against the appellant for a sum of Rs. 7125/-, Rs. 2,400/- and 5,000/- respectively. No appeal has been filed against the awards made in favour of Shri Jaswant Lal, Raj Mohan and Dhan Singh. However, the award made in favour of Jaswant Lal has been challenged. The facts necessary to be noticed for the disposal of this appeal briefly state are : that the petitioners (claimants, were employees and officers of the Information and Broadcasting Ministry and were going for regional publicity in the Ministry's jeep No. R.S.M. 8452 from Jodhpur to Mount Abu on 23-10-79. At about 3.30 P.M. when they were somewhere between village Kodarla and Dhanari Bandh ...
Smt. Reeta Sharma Vs. University of Rajasthan
Court: Rajasthan
Decided on: Aug-18-1987
Reported in: 1988(1)WLN340
M.B Sharma, J.1. The petitioner was provisionally admitted in B. Ed. SSCC course for the Session 1984-85. Thereafter, some dispute arose as to whether the petitioner was eligible to be admitted in B. Ed. (Correspondence course). There was exchange of the correspondence between the petitioner and the University and on June 10, 1985 vide Annexure-8 Dr. C.M. Sharma, Associate Professor and Incharge B. Ed. University of Rajasthan, Jaipur informed the petitioner that her provisional admission taken has not been confirmed. The petitioner thereafter represented and under letter dated 17th June, 1985 (Annexure-11) she was informed that her representation is under consideration and in the mean time, the petitioner was provisionally permitted to fill up the examination form for the B. Ed. SSCC course. And, she filed a civil suit No, 500/1985 in the Court of Additional Munsif and Judicial Magistrate, First Class Jaipur City, (East), Jaipur, on July 15, 1985 as the exam nations were to commence fr...
Smt. Reeta Sharma Vs. University of Rajasthan and ors.
Court: Rajasthan
Decided on: Aug-18-1987
Reported in: 1987WLN(UC)454
1. The petitioner was provisionally admitted in B.Ed. SSCC course for the session 1984-85. Thereafter, some dispute arose as to whether the petitioner was eligible to the admitted in B.Ed. (Correspondence Course). There was exchange of the correspondence between the petitioner and the University, and on June 10, 1985 vide Annexure-8, Dr. CM. Sharma, Associate Professor and Incharge B.Ed. University of Rajasthan, Jaipur informed the petitioner that her provisional admission taken has not been confirmed. The petitioner thereafter represented and under letter dated 17th June, 1985 (Annexure 11) she was informed that her representation is under consideration and in the mean time, the petitioner was provisionally permitted to fill up the examination form for B.Ed. SSCC course. And, she filed a Civil Suit No. 500/1985 in the Court of Additional Munsif and Judicial Magistrate First Class, Jaipur City (East), Jaipur, on July 16, 1985 as the examinations were to commence from July 17, 1985. An ...
Amrik Singh Vs. State of Rajasthan
Court: Rajasthan
Decided on: Aug-18-1987
Reported in: 1987WLN(UC)761
Milap Chand Jain, J.1. This revision is directed against the order of the learned Addl. Sessions Judge, No. 2, Sri Ganganagar dated 5-6-1987, where by the learned Additional Sessions Judge, No. 2, Sri Ganganagar dismissed the appeal and maintained the conviction and sentence passed by the Chief Judicial Magistrate, Sri Ganganagar on 4-8-1986 thereby the petitioner was convicted for the offence under Section 4/25 Arms Act, 1959 and was sentenced till rising of the court and to pay a fine of Rs. 100/-, in default of payment of fine to further undergo 10 days simple imprisonment.2. The petitioner's defence was that he committed on offence. He had a right to keep a 'Kripan' according to Sikh religion without licence. The learned Chief Judicial Magistrate held the petitioner guilty as he was found with Kripan without licence within the Municipal limits, which was prohibited under the Rajasthan Government Notification No. F. 1(86)/Arms/74 Jaipur dated 19-10-1974. By the said notification, th...
Maharaja Shree Umaid Mills Ltd. (No. 1) Vs. Commissioner of Income-tax
Court: Rajasthan
Decided on: Aug-14-1987
Reported in: [1989]175ITR70(Raj)
1. This reference under Section 250(1) of the Income-tax Act, 1961, at the instance of the assessce is to answer the following questions of law :'(1) Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the expenses incurred by the assessee-mills in providing simple meals, breakfast and tea to its customers andsuppliers, etc., coming from outside, as customary expenditure were in the nature of entertainment expenses and hence not allowable in view of Section 37(2B) of the Income-tax Act, 1961 ? (2) Whether, on the facts and circumstances of the case, the Tribunal was right in holding that surtax liability is not an expenditure allowable as business expenditure and not an expenditure wholly and exclusively incurred for the purposes of its business ?' 2. The relevant assessment year is 1975-76, for which the relevant accounting period ended witn the calendar year 1974. The assessee is a public limited company having its factory at Pali. Durin...
Gulab Singh Vs. State of Rajasthan and anr.
Court: Rajasthan
Decided on: Aug-14-1987
Reported in: 1988(1)WLN427
G.M. Lodha, J.1. This is a Civil First Appeal under Section 96, CPC against the judgment and decree dated 8-12-1977 passed by the learned Addl. District Judge No. 1, Jaipur City.2. The plaintiff appellant filed a suit for declaration and recovery of arrears amounting to Rs. 12, 474.99p. against the defendant respondents dated 31-10-1972 in the Court of District Judge, Jaipur City The declaration sought by the appellant was that the defendant's order dated 5-8-1971, where by the two grade increments of the plaintiff have been with held, with cumulative effect, and the order dated 22-12-1971, where by his departmental appeal against the order dated 5-5-1971 was rejected, and further the payment has also been disallowed to him, be declared null, void, ineffective, illegal and inoperative in law. A sum of Rs. 15474 99p. was also claimed by him for the arrears of salary and the amount of grade increments not allowed to him. Since the plaintiff was not in a position to pay the required court...
Mst. Kesar Vs. State of Rajasthan
Court: Rajasthan
Decided on: Aug-13-1987
Reported in: 1988(1)WLN752
N.C. Sharma, J.1. The appellant Mst. Kesar before us a young woman of 19 or 20 years of age was convicted on August 20, 1976, by the Additional Sessions Judge, Bikaner, under Section 302 of the Indian Penal Code for having murdered her husband Durga Ram and was sentenced to imprisonment ment for life and a fine of Rs. 250/-. In default of payment of fine, she was further to undergo rigorous imprisonment for one month.2. The prosecution case was that Issar Ram Meghwal PW 2 aged 68 years was resident of Bikaner, Mst. Chaini PW 10 aged 60 years was wife of Issar Ram and Mst. Chaini had no male issue and they had only one daughter Mst. Amani who was married to Asu Ram PW 5 of village named Udramsar in Tehsil Bikaner. Durga Ram deceases was son of Asu Ram PW 5 from Mst. Amani daughter of Issar Ram and Mst. Chaini. As Issar Ram and Mst. Chaini had no male issue, deceased Durga Ram used to live with his maternal grand parents at Bikaner. The deceased had been married to the appellant when bot...
Mst. Sarmi Vs. State of Rajasthan
Court: Rajasthan
Decided on: Aug-13-1987
Reported in: 1987WLN(UC)569
Navin Chandra Sharma, J.1. Mst. Sarmi has been convicted by the Additional Sessions Judge, Sirohi, under Section 302 IPC for the murder of her mother-in-law Mst. Roopi by his judgment dated January 29, 1982, and sentenced to imprisonment for life along with a fine of Rs. 100/- and in default of payment of fine to rigorous imprisonment for one month. She has come in appeal to this Court.2. Prosecution case, in brief, is that the deceased Mst. Roopi was mother of Bhaira (PW 4) who is resident of village Telpi-khera, Tehsil Sirohi. Ghaira was the only son of his father named Husa. His father expired in the year 1972 or 1973. Bhaira had been married to Devli of village Isra. Devli had given birth to a daughter from Bhaira named Paboo. However, relations between Bhaira and Devli became strained and Bhaira deserted Devli. Paboo continued to live with Bhaira. The appellant Mst. Sarmi was brought by Bhaira in 'nata' soma time in the year 1973 of 1974. Mst. Sarmi gave birth to two daughters fro...
Kesra Ram Vs. State of Rajasthan
Court: Rajasthan
Decided on: Aug-13-1987
Reported in: 1987WLN(UC)590
Navin Chandra Sharma, J.1. Kesra Ram son of Labhu Ram Jat of village Rohidawali, Tehsil Ganganagar has been convicted by the Sessions Judge, Ganganagar on October 5, 1976 under Section 302 IPC for murdering his wife Mst. Heera and sentenced to imprisonment for life.2. Appellant Kesra Ram along with his wife Mst. Heera deceased and his children were living in their house in village Rohidawali. Tehsil Ganganagar. His mother and father lived separate from him in a 'kotha' in the same compound. It is alleged that during the night intervening 21st and 22nd March, 1975, at about 9. p.m., the appellant murdered his wife Mst. Heera by inflicting injuries on her by 'kassi' Article 1. It is further the case of the prosecution that in front of the house of the appellant, the houses are of Het Ram (PW 8) and his uncle Mukh Ram (PW 4) in the same Guwadi. At about 9. p.m. on March 22, 1975, the appellant came out of his house with a 'kassi' in his hand and told Mukh Ram (PW 4), who was standing in f...
Commissioner of Wealth-tax Vs. Smt. Chaka Bai
Court: Rajasthan
Decided on: Aug-12-1987
Reported in: [1988]173ITR388(Raj)
1. This order shall dispose of all the aforesaid seven references made at the instance of the. Revenue under Section 27(1) of the Wealth-tax Act, 1957, to decide a common question of law in respect of the same assess'ee pertaining to the assessment years 1966-67 and 1968-69 to 1973-74. The common question of law as stated in the reference relating to the assessment year 1966-67 is as under :' Whether, on the facts and in the circumstances of the case, the Tribunal was justified in law in allowing deduction of income-tax liability pertaining to earlier years and quantified on settlement reached some time in 1975 out of the gross amount of the assessee's share amounting to Rs. 76,000 '2. The only difference in the same question pertaining to the remaining assessment years is at the end in respect of the particular year to which the reference relates.3. The assessee was a partner in a firm styled as Cosmopolitan Trading Corporation, Jaipur, in which he had 1/4th share. This firm entered i...
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