Rajasthan Court April 1988 Judgments
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Latoor and ors. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Apr-19-1988
Reported in: 1988(1)WLN697
G.K. Sharma, J.1. This judgment shall also dispose of D.B. Criminal (Jail) Appeal No. 76/86 [Latoor v. The State].2. Nine appellants namely, Latoor, Nazir. Mangilal, Sharif, Latif, Farookh Khan, Chittar, Hemraj and Jagdish are all convicted for the murder of Surajmal under Section 302 read with Section 149, IPC and sentenced to Life Imprisonment and a fine of Rs. 100/- each, and in default of payment of fine to undergo two months simple imprisonment, and also under Section 148 IPC to two years rigorous imprisonment and a fine of Rs. 100/- each, and in dafault of payment of fine to further undergo two months simple imprisonment. In addition, appellant [1] Latoor has also preferred a separate appeal from Jail (No. 76/86), which, earlier stated, shall also be disposed of by this judgment.3. The incident occurred on 25-11-1983 between 5.30 and 6.00 pm. near a way side restaurant of Lalchand Sarpanch of Village Mai Bembori, P.S. Mangrole, District, Kota, in which Surajmal sustained some hea...
Smt. Kamla Devi and anr. Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Apr-18-1988
Reported in: 1988WLN(UC)104
S.M. Jain, J.1. This appeal is directed against the award dated April, 17, 1985 of the Motor Accidents Claims Tribunal, Jodhpur, allowing a sum of Rs. 42,000/- as compensation to the appellants. The Tribunal has also specified the amounts to be paid to the appellants individually, out of the aforesaid compensation.2. The accident took place on June 5, 1982, resulting in the death of Kan Singh who was a Chief Guard in the Ground Water Department The accident was caused by truck No. RSQ 5263 belonging to the Government of Rajasthan, which at the time of the accident, was being driven by Kalyan Singh, driver. A claim petition was filed by Smt. Kamla, widow of the deceased, and Balu Ram, his son. The claimants claimed a sum of Rs. 1,35,000/- as compensation. It was alleged that the accident was caused on account of rash and negligent driving of the truck by Kalyan Singh.3. The Tribunal, by the award dated April 17, 1985, held that the accident resulting in the death of Kan Singh was caused...
Devendra Kumar Vs. State of Rajasthan
Court: Rajasthan
Decided on: Apr-18-1988
Reported in: 1988WLN(UC)172
Inder Sen Israni, J.1. This is a bail application under Section 439, Cr.PC, in which the petitioner is alleged to have committed offence under Sections 304B and 498A, IPC.2. The contention of Shri Pathak learned Counsel for the petitioner is that the incident took place on 13-6-1987, when Mst. Rajni received burn injuries accidently, while putting kerosene oil in stove for making meals. She was immediately taken to S.M.S hospital, by her husband, the petitioner, who also received serious injuries on his hands and face by trying to save her. He was also admitted in the hospital along with his wife. In her statement given by Mst. Rajni, on the day of occurrence, she stated that the burn injuries were caused to her on account of accident while she was pouring oil from a tin at the time of preparing meal. Since she had severe burn injuries, her dying declaration was recorded on 14-6-1987, by a Judicial Magistrate, in which also she did not implicate any one including the petitioner and nar...
Krishna Oil Mills and ors. Vs. Firm Shriniwas and Co. and ors.
Court: Rajasthan
Decided on: Apr-18-1988
Reported in: 1988WLN(UC)204
I.S. Israni, J.1. This Civil Special Appeal under Section 18 of the Rajasthan High Court Ordinance read with Order 43, Rule 1, CPC has been filed against judgment of learned Single Judge, dated January 15, 1986, in SB. Civil Miscellaneous Restoration Application No. 61/1986, where by the application filed by the appellants Under Order 41, Rules 19 read with Section 151, CPC for re-admission of hearing of S.B. Civil First Appeal No. 8/1975 was dismissed in default.2. Briefly stated the facts of the case are that the appellants filed first appeal against the judgment and decree of the learned Additional District Judge, Alwar, passed on November 30, 1974, which was dismissed in default of appearance of both parties on February 7, 1985. A restoration application was filed by the appellants, which was dismissed on January 15, 1986. The main ground, along with some other grounds on which the application for restoration was dismissed was that it was time barred by 258 days.3. The contention o...
Mst. Ladu Vs. State of Rajasthan
Court: Rajasthan
Decided on: Apr-16-1988
Reported in: 1988WLN(UC)309
K.S. Lodha, J.1. The question involved in this appeal is a short one as has been canvassed by the learned Counsel for the appellant before us. Therefore; we need not state the facts of the case at length. The only question urged before us is about the nature of the offence.2. Briefly stated the facts are that the appellant Smt. Ladu was the wife of the accused Jassa. The relations between this couple and (he parents of Jassa do not appear to be happy and, therefore, they Were living in a separate house. In the night between 21st and, 22nd of March, 1980 it appears that there arose some quarrel between this couple. The daughter of the couple was weeping and Jassa had asked Ladu to, make her quite but Ladu, on the other hand, had asked to Jassa take the daughter. Jassa did not oblige Ladu whereupon she got angry and took an iron rod lying in the room and gave blows on the head of Jassa who was at that time lying on the cot. Jassa succumbed to the injuries received by him. Thereupon Smt. ...
Commissioner of Income-tax Vs. Ganesh JaIn Bhojanalaya and Pyarelal Bh ...
Court: Rajasthan
Decided on: Apr-15-1988
Reported in: [1989]180ITR52(Raj)
Income-tax Reference No. 75 of 1983 :1. This reference under Section 256(1) of the Income-tax Act, 1961, at the instance of the Revenue is to decide the following question of law, namely :'Whether, on the facts ^nd in the circumstances of the case, the Tribunal was right in holding that provisions of Section 187(2) were not applicable ?'2. The relevant assessment year is 1977-78. The material facts are these. A partnership firm known as Ganesh Jain Bhojanalaya, Beawar, consisted of four partners, out of whom one, namely, Chandmal, expired on August 1, 1976, during the relevant period. A new firm was constituted with effect from August 2, 1976, and a new partner, Manakchand, was inducted into the firm. The assessee filed two returns, one up to August 1, 1976, and the other for the period commencing from August 2, 1976. The Income-tax Officer clubbed the income of the two periods and made one assessment resorting to Section 187(2) of the Act treating it as a case of a mere change in the ...
Commissioner of Income-tax Vs. Rajdoot Enterprises.
Court: Rajasthan
Decided on: Apr-15-1988
Reported in: (1988)70CTR(Raj)38; [1988]174ITR255(Raj)
JAIPUR BENCHThis reference under section 256(1) of the Income-tax Act, 1961, at the instance of the Revenue is to decide the following question of law, namely :'Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was justified in holding that it was not a case of change in constitution of the firm under section 187(2) of the Income-tax Act, 1961, and, consequently, in directing the Income-tax Officer to make two separate assessments ?'The relevant assessment year is 1980-81. The material facts are these.Out of the several partners in the firm, one of them, namely, Navratanmal, died and a new firm was constituted with effect from June 7, 1979, during the relevant period. The assessee filed two returns for the periods prior and subsequent to the death of Navratanmal and claimed that two separate assessments be made on their basis. The Income-tax Officer rejected the assessees contention and made only one assessment taking the view that it was a case merely ...
Kamla Devi and anr. Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Apr-15-1988
Reported in: II(1989)ACC180
Sobhagmal Jain, J.1. This appeal is directed against the award dated April 17, 1985 of the Motor Accidents claims Tribunal, Jodhpur, allowing a sum of Rs. 42,000/- as compensation to the appellants. The Tribunal has also specified the amounts to be paid to the appellants individually, out of the aforesaid compensation.2. The accident took place on June 5, 1982, resulting in the death of Kan Singh who was a Chief Guard in the Ground Water Department. The accident was caused by truck No. RJO 5263 belonging to the Government of Rajasthan, which at the time of the accident, was being driven by Kalyan Singh, driver. A claim petition was filed by Smt. Kamla, widow of the deceased, and Balu Ram, his son. The claimants claimed a sum of Rs. 1,35,000/- as compensation. It was alleged that the accident was caused on account of rash and negligent driving of the truck by Kalyan Singh.3. The Tribunal, by the award dated April 17, 1985, held that the accident resulting in the death of Kan Singh was c...
Commissioner of Wealth-tax Vs. Vimal Chand Daga (Huf)
Court: Rajasthan
Decided on: Apr-14-1988
Reported in: (1988)72CTR(Raj)144; [1988]172ITR264(Raj)
J.S. Verma, C.J. 1. This order shall dispose of Wealth-tax References Nos. 66 of 1981, 110 of 1984, 111 of 1984, 117 of 1984, 118 of 1984, 6 of 1985, 14 of 1985, 57 of 1985, 60 of 1985, 65 of 1985, 83 of 1986, 84 of 1986 and 75 of 1986, all of which are similar matters involving the same point for decision.2. This reference under Section 27(1) of the Wealth-tax Act, 1957, is at the instance of the Commissioner of Wealth-tax, Jaipur, to decide the following question of law, namely :'Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that M/s. Vimal Gems and M/s. Jus Gems are industrial undertakings within the meaning of the Explanation to Section 5(1)(xxxi) read with Clause (xxxii) of the Wealth-tax Act, 1957, and the assessee being a partner is entitled to exemption under Section 5(1)(xxxii) of the said Act in respect of his interest in the assets of these partnership firms ?'3. The relevant assessment year is 1977-78. The assessee claims ...
Gujarat State Road Transport Corporation Vs. Kanti Nagar and ors.
Court: Rajasthan
Decided on: Apr-14-1988
Reported in: II(1989)ACC267; 1990ACJ903
Sobhagmal Jain, J. 1. This appeal and the cross-objections are directed against the award dated January 5, 1985 of the Motor Accidents Claims Tribunal, Banswara, awarding a sum of Rs. 1,50,000/- as compensation to the claimants.2. The accident, out of which the present case arises, took place on June 13, 1981, on Banswara-Udaipur Road in between the villages Barlia and Mordi, resulting in the death of Niranjan Kumar Nagar, who was 25 years of age at the time of the accident. A claim petition was filed by Kanti Nagar and Usha Nagar, mother and wife respectively of the deceased. It was alleged that the accident was caused by the rash and negligent driving by Poonjalal, driver of the bus No. GRT 7583 of the Gujarat State Road Transport Corporation. According to the claimants, Niranjan Kumar Nagar, who was a tempo driver, was carrying two passengers, namely, Kishore Singh and Madan Singh in his tempo and was going from Banswara to Chirawala. The tempo developed some trouble and, therefore,...
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