Rajasthan Court April 1992 Judgments
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The State of Rajasthan Vs. Rama S/O Harka Meena
Court: Rajasthan
Decided on: Apr-09-1992
Reported in: 1992(1)WLN582
B.R. Arora, J.1. This appeal is directed against the judgment dated October 26,1976, passed by the Additional Sessions Judge, Udaipur, by which the learned Additional Sessions Judge acquitted the accused-respondent Rama.2. Accused Rama was tried by the learned Additional Sessions Judge, Udaipir for the offences under Sections 307, 326 and 452 IPC. The case of the prosecution is hat Smt. Deetli (PW2), who had come in the Natra of PW 1 Roopa about five to seven years before the date of the incident, was earlier married to accused Rama. Smt. Deetli left her earlier husband accused Rama and came to the Natra of the injured Roopa (PW1) and as per the customs, prevalent in the Aadiwasis, Roopa paid 'Chhutapa' amount to the accused. Somedays after the Holi festival, accused Rama met Roopa and asked him that he had not paid the 'Chhutapa' amount and, therefore, he will see him as well as Smt. Deetli. In the intervening night between 17th and 18th September, 1974, when Roopa, alongwith his wife...
Nora Ram and ors. Vs. the State of Rajasthan
Court: Rajasthan
Decided on: Apr-09-1992
Reported in: 1992(1)WLN406
B.R. Arora, J.1. These two appeals are directed against the judgment dated March 23, 1977, passed by the Additional Sessions Judge No. 2, Jodhpur, by which the learned Additional Sessions Judge convicted and sentenced accused Nora Ram for the offence under Section 302 IPC and the remaining accused for the offence under Section 323 IPC and acquitted accused Bhala Ram. of the offences he was charged-with and tried.2. The incident, which led to the prosecution of the present accused-appellants as well as one Bhala Ram, took place on March 8, 1974, at about 4.00 p.m. in village Pal. According to the prosecution, Balu Ram, Gokul Ram, Binja Ram, Balu Ram S/o Boraji, Chhela Ram, Pokar Ram and Keena Ram, all by caste Bhambhies started from the house of Balu Ram towards the house of his father. They were playing on a Chang as it was the next day of Holi. They reached near the water-tap of Meghwalon Ka Bas in village Pal, where Kheta Ram, Nora Ram, Chhagna Ram, Himmata Ram, Hasta, Bhala Ram, Chu...
Shyam Lal and Party Vs. the State of Rajasthan and anr.
Court: Rajasthan
Decided on: Apr-08-1992
Reported in: 1992(2)WLC292; 1992WLN(UC)87a
K.C. Agarwal, C.J.1. This writ petition under Article 226 of the Constitution has been filed challenging the recovery of interest of two years i.e. 1982-83 and 83-84. The amount of the previous year was Rs. 17,567.70p. whereas that of the subsequent year was Rs. 7436.15p. Having offered highest bid, the petitioner was given a licence of vending country liquor for Jodhpur City-Group, Jodhpur, for the years 1982-83 and 83-84. A photostat copy of the licence given to the petitioner has been filed as Annex. 1A. This describes the various amounts which has to be deposited by the petitioner in those years. A copy of the licence of the petitioner is annexed as Annex. IB. The relevant clauses of this Licence are being reproduced below:2d ;fn ykbZlsUl/kkjh fdlh ekg dh fdLr 'krZ la[;k&1 ds vuqlkj fu/kkZfjr le; esa tek ugha djkrk gS rks ykbZlsal nsus okyk vf/kdkjh mDr fdLr dh jde ykbZlsUl/kkjh dh flD;ksfjVh jkf'k ls ,oa mldh py o vpy lEifRr ls rFkk mlds okfjlksa ;k tkfeu ls olwy dj ldsxkA blds vf...
Satya NaraIn and ors. Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Apr-07-1992
Reported in: 1993(1)WLC425; 1992(1)WLN473
Milap Chandra Jain, J.1. These Writ Petitions have been filed for quashing the order No. PHQ/Re-0rg./89/467-91 date July 19,1990(Annexure 2) of the Inspector General of Police (Reorganisation), Rajasthan, Jaipur by which he has clarified his earlier order No. PHQ/Re-org/89/281-85 dated October 4,1989 (Annexure 1). As the facts and involved in all these cases are similar, they are being disposed of by this common order.2. In all these cases, petitioners were employees of the police department. They along with others took part in the non-gazetted police employees' strike held in the year 1979. Subsequently, they were dismissed from the service. Their cases went to the Supreme Court. It directed that the petitioners should prefer appeals against the orders of their dismissal, the Director General of Police would designate the appellate authority to dispose of the appeals & the Inspector General of Police (Re-organisation), Rajasthan Jaipur (respondent No. 3) was designated as the appellat...
H.S. Ranka Vs. P.K. Mehra, Asstt. Collector, Central Excise and Custom ...
Court: Rajasthan
Decided on: Apr-06-1992
Reported in: 1993(3)WLC462; 1992WLN(UC)73
N.L. Tibrewal, J.1. By this petition, under Section 482 Cr.P.C. the petitioner has prayed to quash the criminal proceedings pending against him in the court of Chief Judicial Magistrate (Economic Offences) Jaipur in Criminal case No. 14/85.2. In brief, the facts of the case are that on 27.11.1982, the Central Excise, Anti Evasion Staff conducted Physical stock verification of the finished exciseable good stored in non-duty paid store room in the factory premises of M/s Modern Syntex (India) Limited. As a result of stock taking, 131 cases weighing 6019.600 kgs. were found in excess of the balance in statutory RGI register and one case weighing 50 Kg. of cellulosic spun yarn falling order TI No. 18 III (ii) was not found in stock against the recorded balance of RG-I register. The 131 cases of yarn found in excess were seized on the belief that, the same were liable for confiscation for contraventions of provision of Rule 53 read with Rules 226 of the Central Excise Rules, 1944. The test ...
Brij Lal Vs. Cooperative Society, Gram Sahuwala and anr.
Court: Rajasthan
Decided on: Apr-06-1992
Reported in: 1992(1)WLN531
B.R. Arora, J.1. This appeal is directed against the decree and judgment dated April 7, 1981, passed by the Additional District Judge, Sri Ganganagar, by which the learned Additional District Judge allowed the appeal filed by the Cooperative Society, village Sahuwala Tehsil and District Sri Ganganagar; set-aside the decree and judgment dated July 16,1980, passed by the learned Munsif, Sri Ganganagar, in Civil Suit No. 68 of 1979 (Brij Lal v. Sahkari Samiti, Sahuwala) and remanded the case for trial to the learned Munsif, Sri Ganganagar.2. Plaintiff Brij Lal filed a suit for mandatory injunction and cancellation of the Patta with respect to Plots No. 125 and 126, measuring 100' x 44' granted in favour of the Cooperative Society, in the Court of the Munsif, Sri Ganganagar. The cancellation of the Patta was claimed as the land in question [marked A, B, C, and D in the site plan) was reserved for the water-pond and Gawad and this land bearing Patta No. 125 & 126 is not and Abadi land and i...
Gautam Vs. the State of Rajasthan
Court: Rajasthan
Decided on: Apr-06-1992
Reported in: 1992(1)WLN601
B.R. Arora, J.1. These two appeals arise out of the judgment dated January 7,1991 passed by the Sessions Judge, Banswara, by which the learned Session Judge convicts and sentenced the appellant for the offence under Section 302 I.P.C.2. Appellant Gautam alongwith Bhagu alias Bhagwati, Miss Lasi and Mrs. Jasoad W/o Ganpat, was tried by the learned Sessions Judge for the offence under Section 302 I.P.C. for committing the murder of Gordhan. The case of the prosecution is that on July 14,1986, at about 9.15 p.m., Gautam and Bhagwati Teli inflicted injuries by Kulhari on the mouth and neck of deceased Gordhan. Mst. Jasoda and Miss Lasi inflicted injuries Gordhan by Lathis. Initially the case was registered under Section 307 I.P.C, but Gordha died during investigation on July 23, 1986 at Ahmedabad and the case was therefor converted under Section 302 I.P.C. The prosecution, in support of its case, examined 2 witnesses. The accused did not examine any witness in their defence. The learned Se...
Commissioner of Wealth-tax Vs. K.C. Badar and ors.
Court: Rajasthan
Decided on: Apr-03-1992
Reported in: [1992]198ITR530(Raj)
I.S. Israni, J.1. In all the above-mentioned wealth-tax reference applications filed under Section 27(3) of the Wealth-tax Act, 1957 (for brevity ' the Act'), common questions have been raised, and, therefore, they are decided by a common order.2. In D. B. Civil Wealth-tax Reference Application No, 21 of 1991, it has been stated that the asscssee is a partner of M/s. K. D. Javeri, who exported goods outside India. The value of goods which has been shown in the export invoice was reduced by the assessee without proving that those goods were received back or were sold subsequently at a lesser price. The Wealth-tax Officer, invoking the provisions of Rule 2B(2) of the Wealth-tax Rules, made the addition in the closing stock for the year of assessment 1982-83 (annexure-1) on account of failure of the assessee to furnish the information in spite of opportunity given for this purpose. The assessee preferred an appeal whereupon the Commissioner of Wealth-tax (Appeals) deleted the addition mad...
NaraIn Singh Ranawat Vs. State of Rajasthan and anr.
Court: Rajasthan
Decided on: Apr-03-1992
Reported in: 1992(3)WLC465; 1992WLN(UC)507
G.S. Singhvi, J.1. The petitioner was working as Assistant Commercial Taxes Officer in the Commercial Taxes Department In Govt. of Rajasthan in the year 1983. A memo dated 7.12.83 was issued by the Commissioner Commercial Taxes, Rajasthan, Jaipur and an enquiry under Rule 17 of the Rajasthan Civil Service (Classification, Control and Appeal) Rules, 1958 (for short Rules of 1958) was initiated against the petitioner. In all three charges were leveled against him. Two of these charges were in relation to the alleged absence from the Check Post Shahpura and the last one was in relation to the alleged reduction in the quantum of tax collection at the said check post during the tenure of the petitioner. The petitioner submitted a detailed reply to the memo on 21.12.83 and pointed out that he had sincerely discharged his duties after his appointment in service. He had to rush to Jaipur on account of accident, of his daughter regarding which information had been received by him at Shahpura. O...
Kan Nath Vs. State of Raj.
Court: Rajasthan
Decided on: Apr-03-1992
Reported in: 1992(1)WLN593
Rajesh Balia, J.1. This is an appeal against the judgment of learned Sessions Judge, Jodhpur dated 13-10-1984 by which accused appellant Kan Nath has been convicted for having committed offence under Section 302 IPC and has been sentenced to life imprisonment.2. The prosecution case as disclosed in the F.I.R. lodged by Devnath on 28.5.82 is that deceased Gulab Nath, brother of complainant, had left his house alongwith his son Kan Nath, accused, on Sunday 23.5.82. On Monday evening, Kannath told Devnath that he has admitted his father Gulab Nath at Nimba Nimbadi hospital. Next day, he told that Gulab Nath has been admitted at Paota dispensary and yet third day, he informed that Gulab Nath has been admitted at Mahatam Gandhi hospital which created doubt in the' mind of complainant. He therefore, moved to find-out about the truth about Kan Nath's statements first to M.G. Hospital, then to Paots dispensary and then to Nimba Nimbdi dispensary but did not find his brother admitted there. Whi...
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