Rajasthan Court March 1988 Judgments
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Birendra Singh Vs. Narendra Kumar and ors.
Court: Rajasthan
Decided on: Mar-29-1988
Reported in: 1988WLN(UC)199
Mohini Kapoor, J.1. The petitioner's application for being impleaded as a party in a suit for rent and eviction filed by non-petitioners No. 1, 2 and 3 against non-petitioner No. 5, was rejected by the Munsif and Judicial Magistrate Kota (South), by order dated 4-1-1988. He placed reliance on 1982 (1) RCJ 590 in arriving at this conclusion. The petitioner has come up in revision against this order.2. From what can be found out from the revision petition and also the order of the court below, it can be said that the petitioner is the purchaser of the property from one Chandra Prakash son of Devi Das. Plaintiffs in the ' suit are also sons of Devidas by another wife. So, the real dispute appears to be between the four sons of Devidas as to who is the owner of the property and whether Chandra Prakash alone could sell the property to the present petitioner. All these matters do not arise in a suit for rent and ejectment where the only thing that has to be considered is whether the plaintif...
Poonam Chand by L.Rs. and ors. Vs. Laxmi Narain
Court: Rajasthan
Decided on: Mar-28-1988
Reported in: 1988(2)WLN351
Navin Chandra Sharma, J.1. Facts leading to the filing of this second appeal are as follows: On January 23, 1961, Dev Kishan, Mangi Lal and Poonam Chand instituted Civil Original Suit No. 14/1961 in the Court of the Civil Judge, Nagaur with the averments that there is a 'Bagichi' just adjacent to Pratap Sagar at Nagaur well-known as 'Ramcharan Dasji-Ki-Bagichi' with a temple of the diety of Shri Sita Ramji in it. This temple is visited by the public of Nagaur for 'sewa pooja' and 'darshan'. About hundred or hundred twenty-five years back there had been a learned Saint Shri Ram Charan Dasji and during his life time, his followers had got constructed this 'Bagichi' for him. On the death of Shri Ram Charan Dasji, his object remained Pujari of the diety of Shri Sita Ramji. The last Chela (disciple) was Saint Premdas who expired in miti Mah Budi 8 S.Y. 1999. Mahant Premdas had neither appointed any Chela as his successor and nor he had left any Will in that respect to enable the public to a...
State of Rajasthan Vs. Naresh Chand
Court: Rajasthan
Decided on: Mar-28-1988
Reported in: 1988(2)WLN259
Inder Sen Israni, J.1. This criminal appeal Under Section 378(1) & (iii), Cr. P.C. has been filed against the judgment passed by learned Sessions Judge, Sawai Madhopur, dated October 11, 1979 in case No. 197/79.2. Briefly stated the facts of the case are that on January 10, 1976, Food Inspector, Sawai Madhopur, visited the shop of the respondent, situated at Bajoria, District Sawai Madhopur, and suspected adulteration in Taramira oil, contained in the container, kept at the shop of the accused-respondent. He purchased 375 gms. of the oil on payment in presence of independent witnesses under requisite documents and memos as per rules. The sample was sent for analysis to the Chief Public Analyst, Jaipur, whose report showed it to be adulterated. After obtaining the necessary sanction, a complaint under Section 7/16 of the Prevention of Food Adulteration Act, 1954 (here in after called the Act, 1954) was filed in the court of Chief Judicial Magistrate, Sawai Madhopur. The accused-responde...
Oriental Agencies and ors. Vs. R.P.F.C. and anr.
Court: Rajasthan
Decided on: Mar-28-1988
Reported in: 1988WLN(UC)201
P.C. Jain, J.1. By this writ petition under Article 226 of the Constitution of India, the petitioner has prayed for issuance of a writ, order or direction to quash the order dated 3rd September, 1977, passed by respondent No. 1 and to restrain the respondents from recovering Rs. 20,563/- and Rs. 7,152/-, as mentioned in sub-paras (b), (c) and (d) of the prayer.2. Put briefly, the facts of the case are that on 9th November, 1976, the petitioner received a letter dated 8th November, 1976 from the Assistant Regional Provident Fund Commissioner advising him to report compliance with the provisions of the Employees Provident Funds and Miscellaneous Provisions Act, 1952 (for short the PF Act). In response to the said letter, the petitioner appeared before the Assistant Regional Provident Fund Commissioner on 10th November, 1976 and explained his case inspite of this, the petitioner received a summons under Section 7A of the PF Act from respondent No. 1 to appear before him on 11th January, 1...
State of Rajasthan Vs. Madan Singh and ors.
Court: Rajasthan
Decided on: Mar-23-1988
Reported in: 1988WLN(UC)329
I.S. Israni, J.1. This Criminal Appeal has been filed under Section 378(3)(I) Cr. PC against the judgment, dated 20-9-1979, of the learned Munsif and Judicial Magistrate, Nasirabad, in case No. 372/1976.2. It will suffice to state for purposes of this appeal that on February 16, 1976, at 9,00 p m. Head Constable Mohanlal received an Information that accused respondents were in possession of illicit liquor. Thereupon the Head Constable went to bus stand where he found the respondents sitting. On search, respondent Madan Singh was found to be in possession of one bag and a in container full of illicit liquor while respondent Sua was found to he in possession of two Jarikanes of illicit liquor. The respondent were arrested and after usual investigation, they were challaned in the trial court Charges under Section 54 of the Excise Act were framed against the respondents and prosecution examined five witnesses. After recording their statements under Section 313 Cr. PC in which they denied t...
State of Rajasthan Vs. Mohan Lal
Court: Rajasthan
Decided on: Mar-22-1988
Reported in: 1988(2)WLN236
Inder Sen Israni, J.1. This criminal appeal under Section 378(1)(3) Cr. P.C. has been filed against the judgment dated October 12, 1979 passed by Munsif and Judicial Magistrate, Bharatpur in Case No. 247 of 1976.2. It will suffice for the purposes of this appeal to state that on 17th June, 1975 samples of 'Laddu' of 'Nukti' were taken from respondent Mohan Lal, who was selling the same. For the purposes of sample 'Laddu' weighing 1500 gms. were taken after paying to the respondent its price and he was told that the samples of the 'Laddu' shall be sent to the Public Health Laboratory for analysing the same. Three containers of the sample were sent to Public Analyst, Jaipur, from which a report was received that the 'Laddus' were adulterated. Thereupon, the respondent was challaned under Section 7/16 of the Prevention of Food Adulteration Act, 1954 in the Court of Chief Judicial Magistrate, Bharatpur, from where the case was transferred to Munsif and Judicial Magistrate, Bharatpur who af...
Mahadeo Vs. Sarpanch Gram Panchayat and 2 ors.
Court: Rajasthan
Decided on: Mar-17-1988
Reported in: 1988(2)WLN45
Navin Chandra Sharma, J.1. While the Civil Judge, Bikaner by her decree dated March 31, 1971 declared that the order dated July 17, 1962 of the defendant No. 1 (Sarpanch, Gram Panchayat, Napasar) and any other terminating the services of the plaintiff as Secretary was void and ineffective and that the plaintiff continued to remain in service and further passed a decree in plaintiff's favour for Rs. 5320/- on account of arrears of pay. but on the filing of Civil First Appeal No. 6 of 1971 by defendants Nos. 1 and 2, the District Judge. Bikaner by his decree dated February 11, 1975 reversed the decree of the Civil Judge in its entirety and dismissed the suit of Mahadeo plaintiff with costs throughout, leading the plaintiff to file the present second appeal in this Court.2. Shorn of all unnecessary details, it is an undisputed fact that Mahadeo plaintiff was Secretary of Gram Panchayat, Napasrar on 15 6-1960 and that by order dt. 17-7-62 of the defendant No. 1, services of the plaintiff w...
State of Rajasthan and ors. Vs. Dayal and ors.
Court: Rajasthan
Decided on: Mar-16-1988
Reported in: 1988WLN(UC)384
N.C. Sharma J.1. This judgment will decide D.B. Criminal Appeal No 9/6 of 1976 filed by Dayal and three others against their conviction under Section 325 read with Section 149 and also under Section 147, IPC by the Sessions Judge, Merta on November 10, 1976, D.B. Criminal Appeal No, 103 of 1977 filed by Gheesa Ram and Mukna Ram complainants against Dayal and five others against outright acquittal of Raghunath and Mool Chand and acquittal of remaining three accused for the offence under Section 302, IPC and also the State D B. Criminal Appeal No 104 of 1977 against the acquittal of Dayal and three other accused of the offences charged under Section 302 and Section 302 read with Sections 149 and 114, IPC by the said Sessions Judge in consolidated Sessions Cases Nos. 49 of 1975 and 26 of 1976 of this Court.2. Facts leading to the filing of these appeals are that on December 12, 1974 at about 500 p.m. Bhagirath deceased, Hema Ram, Gheesaram and few others were sitting on a Chabutri of Hanu...
Commissioner of Income-tax Vs. Ganeshdas Jagdish Prasad
Court: Rajasthan
Decided on: Mar-15-1988
Reported in: (1988)70CTR(Raj)35; [1988]173ITR622(Raj)
1. This reference under Section 256(1) of the Income-tax Act, 1961, is at the instance of the Revenue to answer the following question of law, namely: 'Whether, on the facts and in the circumstances of the case, and having regard to the provisions of Section 187(2)(a) of the Income-tax Act, 1961, the Tribunal was justified in directing that two assessments should be made in this case in respect of the periods Kartik Sudi 1, Samwat 2027 to Falgun Badi I, Samwat 2027 and Falgun Badi 2, Sainwat 2027 to Kartik Badi 30, Samwat 2028 ' 2. The relevant assessment year is 1972-73. The partnership consisted initially of four partners, namely, Sv. Jainarain, Tejraj, Jagdish Prasad and Amarchand, each having equal share. The deed of partnership was executed on June 3, 1961. On February 11, 1971, during the relevant assessment year, one of the partners, Tejraj, expired and the three survivingpartners admitted the minor son of Tejraj to the benefits of partnership and took over the assets and liabil...
State of Rajasthan Vs. Gurmel Singh and 3 ors.
Court: Rajasthan
Decided on: Mar-15-1988
Reported in: 1988(2)WLN147
Navin Chandra Sharma, J.1. This is an appeal by the State of Rajasthan under Section 337(1) Cr. P.C., by leave, from original order of acquittal passed by the Sessions Judge, Ganganagar by his judgment dated August 24, 1983 in favour of the respondent.2. Facts leading to this appeal are that on September 12, 1982 Sukhjeet Singh son of Gur Bachan Singh, Jat Sikh of 9 FFB, Raisinghnagar (District Ganganagar) lodged a First Information Report Ex. P. 22 at Police Station Raisinghnagar at 10 p.m. to the effect that the daughter of his maternal uncle had been married to Gurcharan Singh son of Darbara Singh of village Thandewala and, therefore, he along with his brother Manjeet Singh deceased and one Surendra Singh (resident of Rawla Head) had gone to village Thandewala to meet Darbara Singh on a motor cycle. After meeting Darbara Singh, they were returning to their 'Dhani' at about 8 p.m. on motor cycle. Manjeet Singh was driving the motor cycle on Pucca road. When they reached near the hous...
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