Rajasthan Court May 1991 Judgments
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Kasim Ali and ors. Vs. State of Rajasthan
Court: Rajasthan
Decided on: May-02-1991
Reported in: 1991WLN(UC)147
Farooq Hasan, J.1. These three appeals arise out of a common judgment dated 30.4.1987 of the Additional Sessions Judge, Bharatpur in Sessions Case No. 14/1982 whereby these four appellants (Kasim Ali, Bakshi, Jumma, and Deputy) have been held quality of the offence under Section 412 IPC for one and the same incident took place on 31.3.1981, and each of them has been sentenced to under-go four years RI with a fine of Rs. 500/- (in default, three months further RI). Hence these appeals are being disposed of by this one order.2. The case of the prosecution is that on the night intervening between 30th and 31st March, 1981 a dacoity was said to have been committed by certain persons in village Noh and Vijai Nagar Bachamdi and in that incident the appellants were arrested and they were put to identification parade after about one and half months. After investigation, the police submitted a challan for the offences under Section 395, 396 and 397 IPC against twenty persons including appellant...
Ravindra Raniwala Vs. Raj. Financial Corporation and ors.
Court: Rajasthan
Decided on: May-02-1991
Reported in: 1991(2)WLN550
V.S. Dave, J.1. By this writ petition the petitioner has prayed for issuance of writ of mandamus seeking direct on against the respondents to complete the process of elections of the Directors in Rajasthan Financial Corporation to be elected in pursuance of notice dated September 1, 1990 and to conduct the aforesaid elections of the basis of the voter-list, Ex. 1, after giving credit of 1425 shares to the petitioner for the purpose of his being elected as Director under Section 10(e) read with Section 4(8) Clause (d) of the State Financial Corporation Act, 1951 (hereinafter referred to as 'the SFC Act'). A prayer for writ of certiorari was also made for quashing and setting aside the resolution passed in the meeting of the Board of Directors held on September 22, 1990.2. It would be essential to quote certain facts before dealing with the contentions raised in this writ petition. Rajasthan Financial Corporation (hereinafter referred to as 'the RFC'), is creation of statute of State Fin...
Durga Prasad Choudhary Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: May-02-1991
Reported in: 1991(2)WLN485
I.S. Israni, J.1. Heard. It is submitted by Shri Choudhary, learned Counsel that petitioner is himself a freedom fighter and Member of Rajasthan Swatantrata Senani Sahayak Samiti, Jaipur (for brevity 'the Samiti'). It is pointed out that respondent No. 3 applied for pension as freedom fighter and is receiving pension since, 1982. However, the petitioner lodged a complaint on 10.6.82 before the Home Secretary, Government of India and also Chairman of the Samiti that the respondent No. 3 did not participate in freedom movement and even though he was arrested and lodged in Jail, he apologised in writing and came out. Therefore, respondent No. 3 is not entitled to get any pension which should be cancelled. It is also submitted by learned Counsel that a Committee under Chairmanship of Chief Minister was formed on receiving complaint of the petitioner to re-consider the matter of pension granted to respondent No. 3, but the report/decision is still awaited.2. It is submitted by Miss. Deepa A...
Commissioner of Income-tax Vs. Jewellers Association
Court: Rajasthan
Decided on: May-01-1991
Reported in: [1991]191ITR568(Raj)
1. This is an application under Section 256(2) of the Income-tax Act, 1961 (for short, 'the Act'), wherein a prayer has been made that the following question of law arises out of the order dated June 30, 1989, of the Income-tax Appellate Tribunal, Jaipur Bench, Jaipur (for brevity, 'the Tribunal'), and, therefore, the Tribunal be asked to refer the said questions of law for the opinion of this court.2. The question whether, under a document, the assessee is or is not a charitable trust, is always a question of construction of the document and the question of construction of a document is always a question of law.3. The Tribunal, in its order dated June 30, 1989, agreed with the view of the Appellate Assistant Commissioner of Income-tax, Kota Range, camp at Jaipur, that the assessee is a charitable trust, and that it was on this score that the order was made by the assessing authority. So, again, the question whether the assessee is entitled to claim any exemption under Sections 11 and ...
Uttam Kumar Vs. Chandmal And, anr.
Court: Rajasthan
Decided on: May-01-1991
Reported in: 1993ACJ478
Milap Chandra Jain, J.1. These appeals have been filed against the common award of the Motor Accidents Claims Tribunal, Udaipur, dated 24th January, 1985, by which Rs. 15,200/- has been awarded as compensation to the claimant-respondent Chandmal in appeal No. 60 of 1985 and Rs. 51,600/- to the claimant-respondent Nos. 1 to 8 in appeal No. 85 of 1985 which has been given in two claim petitions arising out of the same accident. The facts of the case giving rise to these appeals may be summarised thus.2. On January 28, 1981, bus No. RJL 9433 proceeded from Tonk for Bahubaliji (Mysore) via Jaipur, Ajmer, Udaipur, etc. It was being driven by its owner Uttam Kumar himself. During the night intervening 28th and 29th January, 1981, on the National Highway No. 8 near village Mokhampura, it dashed against the stationary truck No. RSY 6565. As a result thereof, the bus passengers Surajmal and his wife Kamla died on the spot and Chandmal and others received injuries. The legal representatives of d...
Oriental Fire and Genl. Ins. Co. Ltd. Vs. Harak Chand and ors.
Court: Rajasthan
Decided on: May-01-1991
Reported in: 1992ACJ730
Milap Chandra Jain, J. 1. These appeals have been filed against the common award of the Motor Accidents Claims Tribunal, Udaipur dated January 24, 1985 by which Rs. 15,200/- has been awarded as compensation to the claimant-respondent Chandmal in appeal No. 60 of 1985 and Rs. 51,600/- to the claimant-respondent Nos. 1 to 8 in appeal No. 85 of 1985 which has been given in two claim petitions arising out of the same incident. The facts of the case giving rise to these appeals may be summarised thus.2. On January 28, 1981, bus No. RJL 9433 proceeded from Tonk to Bahubaliji (Mysore) via Jaipur, Ajmer, Udaipur etc. It was being driven by its owner Uttam Kumar himself. During the night intervening 28th and 29th January, 1981 on the National Highway No. 8 near Village Mohampura, it dashed against the stationary truck No. RSY 6565. As a result thereof, bus passengers Surajmal and his wife Kamla Bai died on the spot and Chandmal and others received injuries. The legal representatives of deceased...
Mst. Kelki Vs. the State of Rajasthan
Court: Rajasthan
Decided on: May-01-1991
Reported in: 1991(1)WLN389
N.K. Jain, J.1. This revision petition is directed against the order of Addl. Sessions Judge, Nagaur dated 2.7.83 whereby while maintaining the conviction Under Section 4(2) of the Rajasthan Prohibition Act passed by learned Judicial Magistrate Nagaur, reduced the sentence of imprisonment from one year to six months S.I. and also reduced fine from Rs.500/- to Rs.200/- and in default of payment of fine to undergo further one month S.I.2. Brief facts giving rise to this petition are that PW 1 Chiman Ram Excise Inspector, recovered 6 bottles vide Ex.2 from the house of the petitioner. The sample was sent to Jaipur for chemical examination vide Ex.P-5 and on the basis of the report Ex.P-6 a challan Under Sections 4(1)(e) and 4(2) of the Rajasthan Prohibition Act, was tiled. After due investigation and conclusion of trial, the learned Magistrate found the offence well established against petitioner and sentenced him as mentioned above. On appeal, the same was dismissed by the order of learn...
KutubuddIn Vs. State of Rajasthan
Court: Rajasthan
Decided on: May-01-1991
Reported in: 1991WLN(UC)186
Y.R. Meena, J.1. This miscellaneous petition under Section 482, Cr.P.C. is directed against the order of learned Munsif and Judicial Magistrate, Pokaran dated 14.6.84.2. The main grievance of the petitioner is that learned Munsif and Judicial Magistrate has wrongly ordered for the auction of eight bullocks of the petitioner.3. The brief facts of the case are that on 29.3.82 at 6.00 p.m. the Incharge of Police Out-Post Lathi had received information from one informer that in the east, 5/6 miles from village Bhadariya two persons alongwith eight bullocks were going towards village Tawarki. Upon this information, the Head Constable followed these persons and on 30.3.82 one Shri Noor Khan S/o Tamachia Khan (father of the petitioner Kutubuddin) was arrested alongwith eight bullocks. A complaint was lodged to the Munsif & Judicial Magistrate, Pokaran by the SHO, Pokaran. It has been alleged in the complaint that the father of petitioner Shri Noor Khan has not given any satisfactory explanati...
Uttam Kumar Vs. Chandmal and ors.
Court: Rajasthan
Decided on: May-01-1991
Reported in: 2(1993)ACC325
Milap Chandra Jain, J.1. These appeals have been filed against the common award of the Motor Accidents Claims Tribunal, Udaipur, dated 24th January, 1985, by which Rs. 15,200/- has been awarded as compensation to the claimant-respondent Chandmal in appeal No. 60 of 1985 and Rs. 51,600/- to the claimant-respondent Nos. 1 to 8 in appeal No. 85 of 1985 which has been given in two claim petitions arising out of the same accident. The facts of the case given rise to these appeals may be summarised thus.2. On January 28, 1981, bus No. RJL 9433 proceeded from Tonk for Bahubaliji (Mysore) via Jaipur, Ajmer, Udaipur, etc. It was being driven by its owner Uttam Kumar himself. During the night intervening 28th and 29th January, 1981, on the National Highway No. 8 near village Mokhampura, it dashed against the stationary truck No. RSY 6565. As a result thereof, the bus passengers Surajmal and his wife Kamla died on the spot and Chandmal and Ors. received injuries. The legal representatives of dece...
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