Rajasthan Court May 1993 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Bilbar Vs. State of Rajasthan
Court: Rajasthan
Decided on: May-20-1993
Reported in: 1994CriLJ1299
1. When this appeal came up for hearing before us, the advocates at Jaipur and Jodhpur were on strike. This was an unusual situation. We were faced with three alternatives. First, we could have adjourned the appeal for hearing. The second course open to us was to peruse the record by ourselves and decide the appeal on merits. Third, we could have dismissed the appeal for non-prosecution.2. Section 386 of the Code of Criminal Procedure, 1973 provides for hearing of appeals. This section reads as follows:'386. After perusing such record and hearing the appellant or his pleader if he appears, and the Public Prosecutor if he appears, and in case of an appeal under Section 377 or Section 378, the accused, if he appears, the Appellate Court may, if it considers that there is no sufficient ground for interfering, dismiss the appeal or may.(a) in an appeal from ah order of acquittal, reverse such order and direct that further enquiry be made, or that the accused be retried or committed for tri...
Harjitendra Singh Vs. State of Rajasthan
Court: Rajasthan
Decided on: May-20-1993
Reported in: 1993WLN(UC)92
Rajesh Balia, J.1. In this second appeal, plaintiff has challenged the judgment and decree passed by District Judge Shriganganagar dt. 10.4.1992 who dismissed the suit for permanent injunction by reversing the judgment and decree passed by Munsif and Judicial Magistrate First Class Sri Ganganagar dt. 5.10.19872. Plaintiff-appellant Larjitonadrajeet Singh filed a suit alleging that a Khatedar tenancy existed in favour of the plaintiff's grandfather Darbara Singh. Plaintiffs father died during the lifetime of Darbarasing and after the death of Darbarasingh he became Khatedar of land in dispute. The land in dispute is a garden for which additional water supply was sanctioned by the Irrigation Department since 1947. According to the plaintiff's allegation, about 2 1/2 years before filing the suit, respondent disconnected the supply of water to the plaintiffs garden. Principal ground on which the restoration of supply of water to the garden by grant of permanent injunction, was claimed was ...
Commissioner of Income-tax Vs. Mohan Enterprises
Court: Rajasthan
Decided on: May-19-1993
Reported in: 1993(3)WLC27
V.K. Singhal, J.1. The Income-tax Appellate Tribunal has referred the following three questions of law arising out of its order dated February 11, 1981, in respect of the assessment year 1978-79 :'(1) Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was justified in holding that the assessee is entitled to claim deduction of bank charges, legal fees and interest amounting to Rs. 9,075, Rs. 10,000 and Rs. 30,787, respectively, as revenue expenditure? (2) Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was justified in holding that the travelling and other expenses incurred on Shri Sunil Kumar Sah, director of the company, and Smt. Kum Kum Sah, w/o. Shri Sunil Kumar Sah, director, for undertaking training in production methods of costume jewellery for the new project which was proposed to be set up was capital expenditure ? (3) Whether, on the facts and in the circumstances, the Tribunal has rightly held that the assess...
Bhagirath S/O Shera Ram Vs. Hardayal S/O Begaram
Court: Rajasthan
Decided on: May-19-1993
Reported in: 1993WLN(UC)73
Rajesh Balia, J.1. The brief facts giving rise to the Revision petition are that the petitioner filed a suit for specific performance of a contract dated 26.6.1989 and dated 5.1.1991. in the court of Addl. District Judge No. 2, Hanumangarh, which is suit No. 66/92. The respondents had lodged FIRs on 6.9.1991 bearing No. 203/91 and the FIR No. 270/91 dated 7.11.1991. The FIRs were lodged by Hardyal and Khayaliram respectively alleging that the present petitioner plaintiff had forged Agreement to Sale by purchasing the stamps and getting the thumb impression of Hardyal on the blank stamps. The original documents have already been produced in the present suit alongwith the plaint.2. Thereafter, on an application moved by the Investigating Officer of the Police Station, Tibi, the court has ordered for handing over the original documents to the Investigating Officer for the purpose of investigating into alleged incidents mentioned in the two FIRs. It is this order dated 15.10.1992 passed by...
Prakash Vs. State
Court: Rajasthan
Decided on: May-18-1993
Reported in: 1993WLN(UC)89
N.L. Tibrewal, J.1. This revision petition Under Section 397 read with Section 401 Cr.P.C. is directed against the judgment dated May 5, 1993 of Addl. District & Session Judge, Behror in Cr. Appeal No. 112/92(32/86), where by the conviction and sentence passed against the petitioner Under Section 16/54 of the Rajasthan Excise Act were maintained.2. I need not give the facts in detail, as the only prayer made by the learned Counsel for the petitioner is that taking into consideration all the facts and circumstances of the case, the petitioner should be given the benefit of probation. The learned Counsel submits that 70 bottles of illicit liquor were recovered from the possession of the petitioner as per the prosecution case on 29.1.1984 i.e. more than 9 years ago. He further submits that the learned courts below have not considered as to why probation be not given to the petitioner. He also pointed out a number of judgments in which the accused have been given the benefit of probation e...
imran Khan Vs. State of Rajasthan
Court: Rajasthan
Decided on: May-14-1993
Reported in: 1994CriLJ2
ORDERMilap Chandra, J.1. This second bail application has been moved under Section 439, Cr. P.C. by the accused-petitioner Imran Khan who is facing trial in Sessions Case No. 6 of 1993 State v. Mohammed Imran and 12 others in the Court of Sessions Judge, Dungarpur under Sections 147, 341, 323 and 307, I.P.C. The first bail application S.B. Criminal Misc. Bail Appln. No. 209/93 was dismissed on January 22, 1993 as not pressed. By that time, challan was not filed.2. The learned Counsel for the accused-petitioner has filed a certified copy of the order of the learned Sessions Judge, Dungarpur dated April 12, 1993 passed under Section 228(1), Cr. P.C. holding that no case under Section 307, I.P.C. is made out against the accused persons and a case under Sections 148, 323, 324 and 326, read with Section 149, I.P.C. is made out against them and has transferred it to the Chief Judicial Magistrate, Dungarpur for trial in accordance with law. He has also filed a certificate of Dr. Anil K. Banvi...
Commissioner of Income-tax Vs. Bhagwan Broker Agency
Court: Rajasthan
Decided on: May-11-1993
Reported in: 1994(3)WLC488
V.K. Singhal, J.1. The Income-tax Appellate Tribunal has referred the following question of law arising out of its order dated July 3, 1980, for the assessment year 1978-79 :'Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that income from brokerage should be assessed as professional income and not business income ?'2. The brief facts of the case are that the assessee derives its income from brokerage of different commodities. In the assessment order, the said income was considered as that from business whereas the claim ofthe assessee was that it is a professional income. The claim of the assessee was not accepted.3. An appeal was preferred against the said order before the Commissioner of Income-tax (Appeals), Jaipur, wherein it was held that brokerage income was from business and not from profession or vocation. The matter was carried in appeal by the assessee before the Income-tax Appellate Tribunal and it was held that in earning t...
Commissioner of Income-tax Vs. Shree Textiles
Court: Rajasthan
Decided on: May-11-1993
Reported in: (1994)119CTR(Raj)472; [1994]206ITR345(Raj); 1994(3)WLC301
V.K. Singhal, J.1. The Income-tax Appellate Tribunal, Jaipur Bench, Jaipur, has referred the following question of law for the opinion of this court under Section 256(1) of the Income-tax Act, 1961, arising out of its order dated July 22, 1980, for the assessment year 1974-75 :'Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the amount of Rs. 16,426 is a business loss and not a speculation loss ?'2. The brief facts of the case are that the assessee had shown a loss of Rs. 16,426 in the cotton account and the entry was passed through the 'Nakal Bahi' on the last date of the accounting year. This difference was paid on account of purchase and sale of 100 cotton bales which were through Messrs. Basant Kotak and Bros., Bombay. The Income-tax Officer held that it is a speculative transaction and as such cannot be adjusted against the business income and has to be carried forward for adjustment in the subsequent years against speculation...
Shiv Cable Tv System Vs. the State of Rajasthan and ors.
Court: Rajasthan
Decided on: May-10-1993
Reported in: AIR1993Raj197
ORDERB.R. Arora, J. 1. These sixteen writ petitions raise a common question of law and, therefore, they are being disposed of by this common judgment. 2. The petitioners are cable-operators who have installed TV Equipments commonly known as Disc (Dish) Antenna, to receive signals from ASIASAT (Star TV, BBC, ZEE TV, PRIMA, SPORTS, ATN etc.) and are further transmitting these signals as well as the pre-recorded cassettes through cable system to the TV viewers in their houses, who are their subscribers. These petitioners are operating at the district Headquarters of Sri Ganganagar as well as in the town of Anopgarh, Kananpur etc. and other towns of the district Sri Ganganagar. The Collector, Sri Ganganagar, on 26-12-92, issued letters to all the Assistant Collectors cum Sub-Divisional Magistrates of Sri Ganganagar district inform-ing them that illegal transmission of TV programme through unauthorised cable system is being undertaken by the cable operators in the area which is adversely af...
Vijay Singh Meena Vs. Jai NaraIn Vyas University and ors.
Court: Rajasthan
Decided on: May-10-1993
Reported in: 1993WLN(UC)81
A.K. Mathur, J.1. The petitioner by this writ petition has prayed that the respondent University may be directed first to give admission to the petitioner and the respondents No. 2 and 3 may exercise his choice afresh after he has been informed of his changed position.2. The petitioner took his Pre Engineering Test (for short 'PET'), 1992 and in which he has secured 110, 121 and 124 marks out of 900 in Physics, Chemistry and Mathematics respectively. The total marks obtained by him work out to 355. The petitioner obtained 33% marks in each subject in the PET Examination. It is alleged that the petitioner is not likely to get admission unless the provision is correctly interpreted. It is submitted that one of the candidates Manoj Kumar bearing Roll No. 7488 secured 92, 88 and 175 marks in Physics, Chemistry and Mathematics respectively and has thus failed as he has not secured 33% marks in Physics and Chemistry. However, he has been interviewed by the respondent University on 9.8.1992 a...
- ‹ Prev
- 1
- 3
- Next ›
- Last »