Rajasthan Court August 1989 Judgments
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Veera Vs. State of Rajasthan
Court: Rajasthan
Decided on: Aug-22-1989
Reported in: 1989WLN(UC)346
R.S. Verma, J.1. Seven persons, namely, Limba, Kashna, Harji, Sava Veera, Bhera and Nathu were put up for trial before learned Addl. Sessions Judge, Udaipur, to face trial of offence under Sections 142 & 302 read with 149, IPC. The gist of the charges against the accused persons was that on 8-8-1978, at about 11-12 noon, they formed an unlawful assembly, the common object where of was to commit murder of one Kishore Singh and in furtherance of the said common object, each one of them made deadly assault on the said Kishore Singh (sic) in injuries to him. which caused his death and thus, they committed riot and murder.2. Besides the other evidence, the prosecution examined PW 1 Hadmat Singh, PW 3 Vaja, PW 4 Gamu and PW 5 Jawan Singh as the alleged eye witnesses of the occurrence. Learned Additional Sessions Judge after critical examination of the aforesaid evidence, arrived at a definite conclusion that Hadmat Singh, Gamu and Jawan Singh did not witness the actual assault on the decease...
Mohammed Shafi Vs. State of Rajasthan
Court: Rajasthan
Decided on: Aug-22-1989
Reported in: 1989(2)WLN107
N.C. Kochhar, J.1. The appellant was tried in case F.I.R. No. 158 87 of Police Station, Ganj, Ajmer and was convicted under Section 8 read with Section 20 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (the 'Act') and under Section 4 read with Section 25 of the Arms Act vide judgment dt. 27-3 89 passed by Shri Bhanwaru Khan, Additional Sessions Judge No. 1, Ajmer, who sentenced him to undergo rigorous imprisonment for a period of 10 years and, to pay a fine of Rs. 1 lac under the former offence and to undergo rigorous imprisonment for a period of 6 months under the latter offence. The prosecution story, in short, was as under:2. On 23-12-1987 PW 5 Sahib Ram was posted as Dy. Superintendent of Police, Ajmer (South). On receipt of a Secret Information he organised a raiding party consisting of Hari Prasad Katara, S.H.O., Police Station, Clock Tower, Rajendra Singh, SHO, Police Station, Ramganj, Shantilal, ASI, Police Station, Adarsh Nagar, Constables Fateh Singh, Raghuveer Sin...
Commissioner of Income-tax Vs. Ganesh Das Ram Swaroop Kakani
Court: Rajasthan
Decided on: Aug-21-1989
Reported in: (1990)82CTR(Raj)172; [1990]181ITR93(Raj)
S.C. Agrawal, J. 1. In this reference made by the Income-tax Appellate Tribunal, Jaipur Bench, Jaipur (hereinafter referred to as 'the Tribunal'), under Section 256 of the Income-tax Act, 1961 (hereinafter referred to as 'the Act'), the following question of law has been referred for the opinion of this court:'Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the loss of Rs. 9,567 claimed by the assessee was a business loss and should be allowed as a business expenditure ?'2. This reference relates to the assessment year 1973-74.3. Ganesh Das Ram Swaroop Kakani (hereinafter referred to as 'the assessee') is a proprietorship firm of which Shri Ram Swaroop is the proprietor. The assessee had entered into a contract on October 15, 1971, with Mewar Textile Mills Ltd., Bhilwara, for purchase of 152 bales of cloth. The said goods were to be supplied by December 21, 1971. The seller supplied one bale out of the 152 bales for which the contr...
Commissioner of Wealth-tax Vs. S.K. Golecha (Huf)
Court: Rajasthan
Decided on: Aug-21-1989
Reported in: (1990)82CTR(Raj)214; [1990]184ITR59(Raj)
S.C. Agrawal, J.1. This application has been moved by the Revenue under Section 27 of the Wealth-tax Act, 1957 (hereinafter referred to as 'the Act'), for referring the three questions said to be arising out of the order dated August 29, 1985, passed by the Income-tax Appellate Tribunal, Jaipur Bench, Jaipur (hereinafter referred to as 'the Tribunal'), for the consideration of this court, It relates to the assessment year 1974-75.2. The assessee is a partner in the firm, S. Zoraster and Co., at Jaipur and has a one-third share therein. Among the assets owned by the said firm is a cinema bulding known as Prem Prakash Talkies at Jaipur. The assessee, in his return, declared the value of the said cinema building as Rs. 21,16,050. The Wealth-tax Officer, while working out the value of the share of the assessee in the firm, S. Zoraster Co., has adopted the value of the cinema building at Rs. 42,92,000, on the basis of the report of the Valuation Officer. The Valuation Officer had valued the...
The State of Rajasthan and anr. Vs. Smt. Pushpa Rani and ors.
Court: Rajasthan
Decided on: Aug-21-1989
Reported in: 1990WLN(UC)459
S.S. Byas, J.1. This appeal Under Order 43 of Rule 1(R) of the Civil Procedure Code is directed against an order of pendente-lite injunction dated October 27, 1988 passed by the learned Additional District Judge, Raisinghnagar restraining the appellants from recovering any amount from and auctioning their any property.2. The material facts may be noticed in brief. The plaintiffs who are respondents before me in this appeal are the partners of M/s. Bhimsen and party who were granted licence on exclusive privilege basis for the retail sale of I.M.F.L. and Country Liquor for Suratgarh, Padampur, Raisinghnagar group of shops on account of the licences failing to carry out obligations under the of licence, the licence was cancelled on 13.8.1988 by the defendant-appellant District Excise Officer, Sri Ganganagar. At the time of the cancellation of licence, excise revenue amounting to Rs. 67,64,490.76 P. was found outstanding against the licencees. The District Excise Officer initiated the rec...
Shiv Ram Vs. State of Rajasthan
Court: Rajasthan
Decided on: Aug-21-1989
Reported in: 1989WLN(UC)48
G.K. Sharma, J.1. This petition under Section 482, Cr.P.C. is preferred against the order dated 26-7-1989 passed by the Sessions Judge, Dholpur by which the application of the petitioner for seeking test identification parade was dismissed.2. A FIR was registered Under Section 376, IPC at Police Station, Kotwali, Dholpur and after completing the investigation, challan was submitted against nine persons including the petitioner. The petitioner contended before the learned Magistrate that his name has not been mentioned in the FIR and he was not with the persons who had committed this offence so the identification parade should be conducted for him. The Police got the identification parade conducted with regard to other eight accused persons but the present petitioner was not put to test in that identification parade. That application was rejected by the learned Magistrate. The petitioner was committed to the Court of Sessions and there also he moved similar application which was rejecte...
Kulwant Singh Vs. State
Court: Rajasthan
Decided on: Aug-18-1989
Reported in: 1990WLN(UC)285
G.K. Sharma, J.1. This petition under Section 482, Cr. P.C., has been preferred against the order dated 15th Nov., '88, by which, the Judicial Magistrate, (Railways), Jaipur, has taken cogizance against the petitioner.2. The learned counsel for the petitioner argued that this is one of the rare cases where this Court can interfere against the order of taking cognizance.3. Heard both the learned counsel at length. Sufficient time was granted to the investigating officer to remain present before this Court and give replies to certain queries to be made by this Court, with regard to this offence, but, unfortunately, in spite of grant of so many opportunities to the investigating officer, he did not appear in the Court. On 10th March, 88, a case was registered against the petitioner at PS-RPF, Alwar, on an information that there was suspicion that two bullock-carts, full of cement-bage had been sent outside the premises of the Inspector of Works (IOW), Railway, unauthorisedly. On this info...
Nadar Singh and ors. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Aug-18-1989
Reported in: 1989(2)WLN203
K.S. Lodha, J.1. The learned Addl. Sessions Judge No. 1, Hanumangarh, by his judgment dated 30th June, 1983 convicted the appellants and sentenced them as follows:(1) Nadar Singh Under Section 302/34, IPC Imprisonment for life ;(2) Kashmir Singh(3) Jangir Singh Under Section 364, IPC Sentenced to 7 years' RIand fine of Rs. 1000/-, in default of payment of fine six month's RI;Under Section 201, IPC Sentenced to 3 years' RIand fine of Rs. 500/-, indefault of payment of fine3 month's RI;(4) Satmam Singh Under Section 364, IPC Sentenced to 3 year'sRI and fine of Rs. 1000/- in default six month's RI;Under Section 336, IPC Sentenced to onemonth's RI;Under Section 27, Arms Act Sentenced to 2 year's RI.2. Aggrieved of these convictions and sentences, these appellants have come up in appeal.3. We have heard the learned Counsel for the appellant and the learned P.P. as also the learned Counsel for the complainant and have gone through the record.4. So far as the convictions of the appellants, Na...
State of Rajasthan Vs. Asha Alias Ashanand and ors.
Court: Rajasthan
Decided on: Aug-18-1989
Reported in: 1989(2)WLN437
S.S. Byas, J.1. By his judgment dated February 2, 1989, the learned Sessions Judge convicted the accused Ashanand alias Asha Under Section 302 IPC and sentenced him to death with a fine of Rs 100/-. By the same judgment, be convicted the accused Mohan Singh and Chitaria alias Chitar Singh Under Section 302/34, IPC and sentenced each of them to imprisonment for life with a fine of Rs. 100/-, in default of the payment of fine to further undergo one months rigorous imprisonment. The learned Sessions Judge has submitted the proceedings Under Section 366(1) Cr.PC for confirmation of the death sentence. As usual, the three convicts have come up in appeals to challenge their conviction. We have thus two matters before us namely (1) the reference for confirmation of the death sentence and (2) the appeals of the convicts.2. The incident is alleged to have taken place at about 5.00 p.m. on 6-3-1987 at Rawat-Bhata Bus-stand in the city of Kota in which one cripple Chetu Ram alias Chetu Sindhi age...
Smt. Dhapu and ors. Vs. Nazar Ahmed and ors.
Court: Rajasthan
Decided on: Aug-16-1989
Reported in: 1990(1)WLN188
N.C. Sharma, J.1. Heard Mr. P.D. Mathur for the decree holders-petitioners and Mr. R P Garg for non-petitioner No. 3.2. It was not disputed that the petitioners had obtained a decree for ejectment against non-petitioners No. 1 and 2, in Civil Suit No. 6/1987. In execution of that decree, possession of one out of the two shops was delivered to the petitioners on July 6, 1989. In relation to that, there is an application Under Order 21 Rule 99, CPC, filed by non-petitioner No. 3, which is pending. Possession of the other shop, in respect of which also a decree was passed, could not be delivered on account of the alleged unauthorised obstruction by non-petitioners. No. 3 and 4 on July 7, 1989. Non-petitioners No. 3 and 4 filed an application before the executing Court Under Section 151, CPC, alleging that they were in possession of both the shops as owners under a registered sale-deed dated April 16, 1984, executed by non-petitioners No. 1 and 2 and Smt. Abiya Begam. They stated that it w...
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