Rajasthan Court March 1989 Judgments
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Smt. Vidhyawati and ors. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Mar-03-1989
Reported in: 1989WLN(UC)330
Suresh Chandra Agrawal, J.1. This bail application has been moved under Section 438, Cr.P.C.. A case under Sections 304B and 498A IPC has been registered against the petitioners.2. The learned Public Prosecutor has raised a preliminary objection with regard to the maintainability of this bail application on the ground that the petitioners have approached this Court directly without first moving a petition under Section 438, Cr.P.C. before the Sessions Judge and in support of his aforesaid submission the learned Public Prosecutor has placed reliance on the decision of this Court in Manzoor Ahmed v. State of Rajasthan reported on 1985 RLR 774 wherein this Court has laid down normally an accused should first move the Court of Sessions before coming to this Court under Section 438 Cr.P.C. It is true that in this case the accused petitioners have moved this Court directly without first moving the Sessions Judge and have also not indicated any special reasons for departure from the normal pr...
Jag Mal Vs. Devi Lal and ors.
Court: Rajasthan
Decided on: Mar-03-1989
Reported in: 1989(2)WLN469
Navin Chandra Sharma, J.1. This is an appeal by plaintiff Jagmal against the appellate decree of the Civil Judge, Ganganagar dated April 11, 1977 dismissing his appeal against the decree of Munsif Suratgarh passed in Civil Suit No. 1 of 1970 on April 20, 1972 where by his suit for permanent injunction was dismissed2 Facts in brief are that in his above suit he alleged that he was marusidar of agricultural lands located in Chak No. 24 JRK sq. No. 246 stone Nos. 23 to 27 measuring 10 Bighas. His said agricultural fields were irrigated through sanctioned water course passing through stone Nos. 23 to 26 for last 18 years. Smt. Rama wife of. Ramkaran and Smt. Sajna wife of Devi Lal had purchased land comprised in Square Nos. 23/247 and 24/247 in an auction conducted by Cololonisation Department. It was alleged that Ramkaran, who was impleaded as defendant in the suit, made an application to Executive Engineer, Pilibanga Division, Hanumangarh that the existing water course passing through Sq...
Commercial Taxes Officer Vs. Sojat Lime Co.
Court: Rajasthan
Decided on: Mar-02-1989
Reported in: [1989]74STC288(Raj)
J.S. Verma, C.J.1. These three revisions are against the common order dated 4th February, 1987 passed by the Rajasthan Sales Tax Tribunal relating to three periods of assessment, namely, 1st October, 1970 to 30th September, 1971, 1st October, 1971 to 30th September, 1972 and 1st October, 1972 to 30th September, 1973. By this common order the Tribunal has set aside the penalty imposed on the dealer under Section 16(1)(e) of the Rajasthan Sales Tax Act for non-inclusion of cinder (burnt coal purchased from railways) in the returns filed by the dealer for these three periods of assessment. The assessing authority merely said that the explanation given by the dealer for non-inclusion in the return that according to it no sales tax was leviable on the transaction, was not acceptable. Merely after rejecting the dealer's explanation the assessing authority imposed the penalty under Section 16(1)(e) of the Act. The Tribunal has taken the view that the penal consequence envisaged by Section 16(...
Kartar Singh and ors. Vs. Union of India
Court: Rajasthan
Decided on: Mar-02-1989
Reported in: 1989WLN(UC)538
1. Heared learned Counsel for the parties.2. By this writ petition, the petitioners seek to quash the Order dated November 15, 1978, whereby the allotment order dated 8-4-1960, passed by the Settlement Officer was set-aside and the Sanad 4199 dated 7-3-1963 issued in favour of Indrasingh and Mahendrasingh in consequence to the allotment order was also cancelled.3. The present petitioners are the transferees. Indrasingh & Mahendra Singh got the land allotted as claimants, but ultimately their claim was rejected. Thereafter, on intimation by the Settlement Officer, the original allottees a sum of Rs. 6500/- against the demand of Rs. 13,653.31p. On an anonymous complaint, an inquiry was conducted and it was found that the amount was deposited by the original allottees. But the learned Commissioner-cum Secretary to the Government proceeded to cancel the allotment and the Sanad in view of the fact that the original allottees did not deposit the remaining amount. It was stated by the learned...
Shiv Prasad Garg Vs. Bhairon Singh
Court: Rajasthan
Decided on: Mar-02-1989
Reported in: 1989(2)WLN162
S.C. Agrawal, J.1. This second appeal is by the plaintiff in a suit for eviction filed against the respondent Bhairon Singh.2. There is a property bearing old Municipal No. 1/552 and new Nos. 1 and 2 situated at Amla Marg, Beawar. The said property belonged to one Shri Vinodi Lal Mathur and on his death it devolved on his sons and grand-sons. The appellant purchased 7 out of 9 shares in this property under various registered sale deeds executed during the period 1961 to 1965. The respondent is in occupation of a part of the said house. The appellant filed a suit (No. 4/1964) in the court of Civil Judge, Beawar for partition of his 7/9th share in the property. In the said suit the appellant impleaded the other co-sharers in the property as defendants Nos. 1 to 11. In addition to the co-sharers, the appellant also impleaded the respondent as well as the other tenants who were in occupation of the premises as defendants Nos. 12 to 18 in the said suit. The appellant prayed for partition of...
Kartar Singh and ors. Vs. Union of India (Uoi)
Court: Rajasthan
Decided on: Mar-02-1989
Reported in: 2(1989)WLN(Rev)282
1. Heared learned Counsel for the parties.2. By this writ petition, the petitioners seek to quash the order dated November 15, 1978, whereby the allotment order dated 8-4-1960, passed by the Settlement Officer was set-aside and the Sanad 4199 dated 7-3-1963 issued in favour of Indrasingh and Mahendrasingh in consequence to the allotment order was also cancelled.3. The present petitioners are the transferees. Indrasingh & Mahendra Singh got the land allotted as claimants, but ultimately their claim was rejected. Thereafter, on intimation by the Settlement Officer, the original allottees a sum of Rs. 6500/- against the demand of Rs. 13,653.3ip. On an anonymous complaint, an inquiry was conducted and it was found that the amount was deposited by the original allottees. But the learned Commissioner-cum-Secretary to the Government proceeded to cancel the allotment and the Sanad in view of the fact that the original allottees did not deposit the remaining amount. It was stated by the learned...
Banshi Lal Vs. Rawat Singh and ors.
Court: Rajasthan
Decided on: Mar-01-1989
Reported in: II(1989)ACC328; 1990ACJ89
A.K. Mathur, J.1. Both these appeals arise out of the judgment and award given by the Motor Accidents Claims Tribunal, Jodhpur dated 1.9.1984. S.B. Civil Misc. Appeal No. 164 of 1984 has been filed by Banshi Lal, driver of the truck and S.B. Civil Misc. Appeal No. 51 of 1985 has been filed by the claimant Rawat Singh for suitable enhancement of the compensation.2. The brief facts giving rise to these appeals are that on 19.7.1978 the truck bearing No. RRQ 6793 was coming from Rampura to Jodhpur. Rawat Singh boarded the truck from Rampura. When the truck reached near Khokhariya Bera (well) it met with an accident on account of rash and negligent driving of the driver, as a result of which the claimant-appellant Rawat Singh received injuries and he had to be hospitalised for quite some time. Therefore, he filed a claim petition on the ground that he had received these injuries on account of the rash and negligent driving of the driver Banshi Lal. The claim was contested by the driver Ban...
Ram Singh and anr. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Mar-01-1989
Reported in: 1989WLN(UC)126
G.K. Sharma, J.1. This appeal is directed against the judgment dated 9-10-1987 passed by the Sessions Judge, Jhunjhunu convicting and sentencing the appellants as under:Ram Singh : under Section 302, IPC to life imprisonment and a fine of Rs. 500/- in default of payment of fine 6 month's RI;Sahi Ram : under Section 324, IPC to two year's RI.2. Shri Chandgi Ram gave a parcha-bayan to the SHO, Khetri on 20-1-1985 and in that statement he stated that there is a well known as Masania well, which is a joint well of both the parties. On 20-1-1985, the accused-persons dig the well, took out the Chawk and put it on the ground. Afternoon when the accused-persons left well, the complainant Chandgi Ram, his brother Sheesh Ram came to the well and again put the Chawk on the well. When they left the well and went towards Dhani and reached about 20.30 paces away, all the accused-persons armed with axe and other weapons arrived there and attacked Chandgi Ram and Sheesh Ram. Sahi Ram inflicted axe blo...
Murli Alias Denny Vs. State of Rajasthan
Court: Rajasthan
Decided on: Mar-01-1989
Reported in: 1989WLN(UC)247
S.S. Byas, J.1. Accused Murli alias Denny was convicted under Section 302 IPC, and sentenced to imprisonment for life with a fine of Rs. 100/- in default of payment of fine, to further undergo 6 months rigorous imprisonment, by the learned Additional Sessions Judge, Beawar by his judgment dated May 23, 1986.2. The prosecution case is short and simple any may briefly be summed up as under:3. At about 11.25 P.M. on 18-9-85 the appellant Murli appeared at Police Station, Vijay Nagar, Ajmer and verbally lodged a report (Ex. P/5 ) stating therein.bryk nh fd f'ko jru mQZ VSuh iq= Jh Nxu ykyth vjksM fuoklh fot;uxj ls iqjkuh jaft'k gS og vHkh 11 cts djhc esjs ikl vk;k o esjh nqdku ij xkyh xykSp djus yxk xqLls es eSus isV es nks rhu pkdw ekj fn;s o xys es Hkh ekjk f'kojru ogh nqdku ds ckgj jskM+ ij iM+k gS ej x;k gS eSus pkdw ciw cktkj es vkrs oDr iRFkj ds uhps Nqik vk;k gwWAThis report was reduced in writing by the Station House Officer Jahangir, PW 9. In order to verify the facts stated by th...
Bhagwan Dass and anr. Vs. Motilal and ors.
Court: Rajasthan
Decided on: Mar-01-1989
Reported in: II(1989)ACC364
A.K. Mathur, J.1. This is an appeal directed against the judgment and award dated 22-11-1983 passed by the Motor Accident claims Tribunal Jodhpur.2. The brief facts giving rise to this appeal are that an accident took place on 31-10-1981 at about 11 A.M. near P.W.D office, Jodhpur wherein truck bearing No. RJE 3617 dashed against deceased Bhupendra aged 9 years As a result of this accident, deceased Bhupendra aged 9 years and a student of 5th class died. A claim petition was preferred by father and mother of deceased Bhupendra before the Tribunal. The learned Tribunal after recording the necessary evidence and hearing both the parties found that the accident took place on account of the rash and negligent driving of the driver and it awarded compensation in the sum of Rs. 15,000/- to the claimants for death of Bhupendra. The truck was insured with United India Insurance Co. Therefore, the Tribunal directed that the amount of compensation will be recoverable from all the non-claimants.3...
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