Rajasthan Court August 1987 Judgments
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Vidhya Prakash Vs. Rani Dan
Court: Rajasthan
Decided on: Aug-04-1987
Reported in: 1987(2)WLN763
Mohini Kapoor, J.1. This revision petition has been preferred against the order dated 24-2-1986 passed by the District and Sessions Judge, Jaipur City, Jaipur condoning the delay in the substitution of legal representatives in an appeal filed by the non-petitioner. The learned District Judge has also held that the application which was moved for substitution of legal representatives could be treated as an application for setting aside the abatement.2. The few facts may be mentioned in order to appreciate the legal point which arises before me. A suit for eviction was filed by one Gokul Devi against the non-petitioner on the ground of personal necessity and this was decreed on 24-5-1985 by the Additional Civil Judge No. 4, Jaipur City. The non-petitioner preferred an appeal against this decree and during the pendency of this appeal, Gokul Devi died on 18-8-1985. The date of hearing in the appeal was 18-10-1985 and on that date the non-petitioner moved an application that Gokul Devi had ...
Babu Lal Vs. Smt Ganga Bai and ors.
Court: Rajasthan
Decided on: Aug-04-1987
Reported in: 1987WLN(UC)446
Navin Chandra Sharma, J.1. I have heard the learned Counsel for the parties in this Second Appeal, when the same was admitted on 3rd October, 1985,following two points were fromulated as arising for decision in appeal:(1) Whether the Courts below have erred in law in not considering the case for partial eviction in view of the mandate given by the legislature under Section 14 of the Rajasthan premises (Control of Rent and Eviction) Act?(2) Whether the Lower appellate Court seriously erred in holding and decreeing the suit of the Plaintiffs for arrears of rent which fell due during the life time of Lunidamal Without obtaining the probate of the will?2. With regard to the first point, it was observed that the Courts below had not considered the aspect whether partial eviction of the tenant will meet the bonafide and reasonable necessity of the plaintiffs. This Court there fore framed an issue on the point and remitted the same to the Munsif, Pali for taking evidence on the issue and reco...
Municipal Board and anr. Vs. Harilal
Court: Rajasthan
Decided on: Aug-03-1987
Reported in: AIR1988Raj7; 1987(2)WLN901
G.M. Lodha, J. 1. 'Rape' or 'Slap' on preamble -- Justice social economic is the question? Honey Moon-Grave Yard Valued at 500/- doll, and that too, -- kindness and charity of Socialist State. Let us now read Ex. 9.'The boat tragedy which took place in Nakki Lake at Mount Abu on 22nd April, 1973, has shocked us all. It is a great misfortune that Shri Girish Roopani and Shrimati Rashmi w/o Shri Girish Roopani, members of your family, were the victims of this tragedy. The Chief Minister of Rajasthan, Shri Barkatullah Khan, has expressed his concern over this mishap and has desired me to convey his heartfelt condolences to you and the entire bereaved family. He has also kindly sanctioned ex-gratia grant of Rs. 500/-to each of the family of the deceased as a token of deep sympathy to the bereaved family. Accordingly I am enclosing herewith a Demand Draft amounting to Rs. 1,000/-(Rupees One Thousand) only for the same. Kindly acknowledge receipt. Yours faithfully,Sd/-(J. M. KHAN)' 2. In Ama...
Kataria Transport Co. Vs. Commissioner of Income-tax
Court: Rajasthan
Decided on: Aug-03-1987
Reported in: (1988)68CTR(Raj)73; [1988]170ITR626(Raj)
1. This reference under Section 256(1) of the Income-tax Act, 1961, is at the instance of the assessee to answer the following question of law :'1. Whether the Tribunal is correct in holding that the payment of Rs. 7,200 to two of the four partners of the firm, in view of Clause 5 of the partnership deed of the firm, was the application of the profit of the firm after it had accrued or was earned ? 2. Whether, on the facts and in the circumstances of the case, the payment of Rs. 7,200 to the two partners of the firm was an expenditure exclusively incurred for the business of the firm to fulfil the personal obligation of the firm under Clause 5 of the deed to the two partners ? 3. Whether, on the facts and in the circumstances of the case, Section 40(b) of the Income-tax Act, 1961, prohibits the allowance of the payment of Rs. 7,200 to two partners of the firm ' 2. The relevant assessment year is 1971-72. The assessee is a firm carrying on business of public transport with its head offi...
A.R. Mehta Vs. State of Rajasthan
Court: Rajasthan
Decided on: Aug-03-1987
Reported in: 1987(2)WLN766
Milap Chand Jain, J.1. The facts leading to this application in brief are as follows: A complaint was filed by the S.H.O. Police Station, Sardarpura, Jodhpur under Section 186 I.P.C. against the petitioner alleging that a notice of this Court was sent for service through the Chief Judicial Magistrate, Jodhpur to the Police Station, Sardarpura, Jodhpur and constable Shri Dayal Singh No. 914 was deputed for this service. He visited the house of the petitioner on 31st December, 1985 at 7.15a.m Out side the house, he met the petitioner's son Ashok, who informed him that his father is sleeping, so he should come afterwards. Thereafter, he again came at 5 p.m. The petitioner met him and told him that the address is of Taparia Building and if the petitioner was not found there, was no necessity to come to his house and he asked him to return the notice without service. He refused to accept the notice. The learned Magistrate took cognizance on the complaint on 7-3-1985 and process was issued t...
Municipal Board, Mount Abu and anr. Vs. Harilal
Court: Rajasthan
Decided on: Aug-03-1987
Reported in: II(1987)ACC397
G.M. Lodha, J.1. 'Rape' or 'Slap' on preamble--Justice social, economic is the question 7 Honey Moon-Grave Yard Valued at 500/- doll, & that too,-kindness & charity of Socialist State. Let us now read Ex. 9.The boat tragedy which took place in Nakki Lake at Mount Abu on 22nd April, 1973, has shocked us all. It is a great misfortune that Shri Girish Roopani and Shrimati Rashmi W/o Shri Girish Roopani, members of your family, were the victims of this tragedy. The Chief Minister of Rajasthan, Shri Barkatullah Khan, has expressed his concern over this mishap and has desired me to convey his heartfelt condolences to you and the entire bereaved family. He has also kindly sanctioned ex-gratia grant of Rs. 500/- to each of the family of the deceased as a token of deep sympathy to the bereaved family. Accordingly I am enclosing herewith a Demand Draft amounting to Rs. 1,000/- (Rupees One Thousand) only for the same.Kindly acknowledge receipt.Yours faithfully, Sd/-(JM.KHAN)2. In Amarlal's judgme...
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