Rajasthan Court September 1993 Judgments
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Surjan Vs. the State of Rajasthan
Court: Rajasthan
Decided on: Sep-30-1993
Reported in: 1994CriLJ1776
R. Balia, J.1. This is an appeal against judgment of conviction passed by learned Sessions Judge, Jalore dated 22nd February, 1985, in Sessions Case No. 11/83, by which the accused-appellant Surjan was convicted under Section 302, Indian Penal Code and under Section 27 of the Arms Act, and sentence to undergo imprisonment for life and pay a fine of Rs. 1000/-, or on failure to pay fine to further undergo 6 months rigorous imprisonment, under Section 302, IPC and 2 years rigorous imprisonment under Section 27 of the Arms Act.2. The accused Surjan son of Ganesh, was found guilty of having committed murder of one Ram Chander, at about 10.00 a.m. on 20th December, 1980, in the field of Dharma, by causing injuries by gun-shot by a double-barrel gun.3. The proceedings commenced with lodging of a written complaint by one Kana Ram, PW3, at about 5.00 p.m. on 20th December, 1980, at Police Station, Sanchor. In brief, the prosecution case, as spelt out in the First Information Report, is that, w...
Seema Vs. Sanjeev Godha
Court: Rajasthan
Decided on: Sep-24-1993
Reported in: II(1993)DMC413; 1993(2)WLC730
M.R. Calla, J.1. The present appeal under Section 19 of the Family Courts Act, 1984 (for short, the Act) arises out of the order dated June 30, 1993 of the learned Judge, Family Court, made under Section 12 of the Guardians and Wards Act, 1890 (for short, the Act of 1890).2. Seema, the appellant herein, is admittedly the wife of respondent Sanjeev Godha and out of the wedlock a female child 'Nainika' was born on October 4, 1989. The relations between Seema and her husband, Sanjeev Godha, some how became strained and according to Seema she started living with her parents. On June 8, 1992, as per the case of Smt. Seema, while Nainika was living with her the respondent Sanjeev Godha took her from her custody by force when she was hardly 2 years and 2 months of age. He also threatened her with dire consequences if he makes an attempt to claim the custody of the girl. When she went to the house of the respondent on July 11, 1992 in the absence of the respondent to meet her daughter, the dau...
Dr. Anil Nayyar and 8 ors. Vs. the University of Rajasthan and 2 ors.
Court: Rajasthan
Decided on: Sep-24-1993
Reported in: 1994(1)WLC356; 1993WLN(UC)353
M.R. Calla, J.1. All these four writ petitions have been filed by the Doctors working as Civil Assistant Surgeons (CAS) in the Government of Rajasthan as members of the Rajasthan Medical & Health Service Under Rules of 1963. All these Doctors are desirous of the selection for the Post Graduate i.e. MD/MS Courses conducted by the University of Rajasthan and to appear in Pre-P.G. Examination for that purpose as against the seats reserved under Clause (c) (for inservice CAS Candidates) of the Ordinance 278-B of the University of Rajaslhan which lays down:(I) Total Number of Seats.(II) Reservations.(III) Selection of Candidates.(IV) Eligibility for Admission,2. The Writ Petition No. 1270/93 has been jointly filed by 9 Doctors viz. Dr. Anil Nair, Dr. Ramesh Sharma, Dr. Subhash Bansal, Dr. Sandeep Sharma, Dr. Rahul Saini, Dr. Shrawan Chopra, Dr. Mahesh Chand Singhal, Dr. Ashok Kumar Jain & Dr. Mahesh Kumar Goyal.3. The Writ Petition No. 1338/93 has been filed by Dr. Surendra Kumar Garg.4. Th...
Ravindra Kumar Sabu Vs. the State of Rajasthan and ors.
Court: Rajasthan
Decided on: Sep-23-1993
Reported in: AIR1994Raj36; 1993(2)WLC721
ORDERN.L. Tibrewal, J.1. Final arguments were heard on request of learned counsel for the parties in view of the urgency in the case.I wished the present litigation had been avoided and the members of 'Maheshwari Samaj' could resolve their misunderstandings/disputes by themselves in a spirit of cooperation, co-ordination and respect for each other. It appears that last elections of 'Shri Maheswari Samaj' (hereinafter referred to as 'the Samaj' or 'the Society'), left bitterness in the members, as it often takes place when elections are fought with unwanted zeal and enthusiasm to exhibit supremacy in the Community. My anxiety and worry is for three educational institutions which are being run by the Society. Non-co-operation and feeling of hatred in members of the Society may adversely affect proper working and functioning of the educational institutions, which have earned high reputation and goodwill and cater the need of about 6,000 students, which itself is commendable. I hope and tr...
Syal Brothers and ors. Vs. Rajasthan Housing Board and anr.
Court: Rajasthan
Decided on: Sep-23-1993
Reported in: 1994(1)WLC19; 1993WLN(UC)509
N.L. Tibrewal, J.1. All the petitions are disposed of by a common order as they are identical in nature. The facts of the case are startling. All public institutions and their officers are expected to act fairly, reasonably and in accordance with law. But the facts of the present case show with law. But the facts of the present case show that some high-ups of the Rajasthan Housing Board (for short 'the Board') in an unusual manner, were interested to allot valuable land in 'Mansarover Scheme' Jaipur to the members of Sanitary Dealers Association, Jaipur, by back door method. It appears that the ill design could not succeed on account of anonymous complaint made to High authorities, including the Prime Minister of India.2. Mansarover Scheme is one of the prestigious scheme undertaken by the Board. Basically, it is a residential scheme. In the scheme there is no provision to establish a separate market for Sanitary Dealers. Without any provision for such market (Mandi) and without public...
Commissioner of Wealth-tax Vs. A.S. Rathore
Court: Rajasthan
Decided on: Sep-22-1993
Reported in: [1994]207ITR403(Raj); 1993WLN(UC)265
V.K. Singhal, J.1. The above four references are disposed of by this common order since questions of law are common.2. Reference No. 21 of 1982 pertains to the assessment years 1972-73 to 1975-76 and arises out of the order of the Tribunal dated December 19, 1981. Reference No. 67 of 1982 pertains to the assessment year 1972-73 and arises out of the order of the Tribunal dated July 10, 1981. The question which has been referred for the determination of this court is:3. Assessment year 1972-73 :'Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the interest having accrued to theminor son, Shri Rajesh Kumar, cannot be included in the wealth of the assessee under Section 4(1)(a)(ii) of the Wealth-tax Act, 1957 ?'4. The brief facts of the case are that the assessee had a bank account showing the closing balance in the name of his minor son, Rajesh Kumar, on the relevant valuation date and that amount had been shown by him as his wealth i...
Smt. Meera Vs. Vijay Shankar Talchidia
Court: Rajasthan
Decided on: Sep-21-1993
Reported in: AIR1994Raj33; I(1994)DMC215; 1994(1)WLC147
R.C. Agrawal, C.J.1. This is a wife's appeal under Section 28 of the Hindu Marriage Act against the judgment and decree of the District Judge, Sawai Madhopur dated 18th November, 1991 decreeing the suit of the husband for divorce and for grant of permanent alimony at the rate of Rs. 200/- p.m. till the lifetime of the wife or till she did not marry.2. The respondent-Vijay Shanker Talchidia was married with the appellant Meera on 25th November, 1976. Both lived together at Sawai Madhopur, but no child was born to them.3. The respondent alleged cruelty against the appellant for seeking divorce under Section 13 of the Hindu Marriage Act.4. Section 13(1) of the Hindu Marriage Act provides the grounds of divorce. It reads as under:--'Section 13. Any marriage solemnized, whether before or after the commencement of this Act, may, on a petition presented by either the husband or the wife, be dissolved by a decree of divorce on the ground that the party- (i) has, after the solemnization of the ...
P.K. Tiwari Vs. Commissioner of Wealth-tax
Court: Rajasthan
Decided on: Sep-21-1993
Reported in: [1994]207ITR327(Raj)
K.C. Agrawal, C.J.1. The following question has been referred by the Income-tax Appellate Tribunal (hereinafter referred to as 'the Tribunal') to this court for decision :'Whether, on the facts and in the circumstances of the case, the Tribunal was justified in rejecting the claim of the assessee for the income-tax and wealth-tax liabilities as claimed by the assessee ?'2. The assessee claimed the deduction of the following liabilities for the assessment year 1971-72 :Rs.(a) for Bharatpur firm 2,29,789(b) for Karauli firm 2,86,609(c) for Sm.t Jigna Bai (deceased) 1,37,871(d) for Sri Govind Narain (deceased) 12,33,359(e) for self 3,06,666For the assessment years 1972-73 and 1974-75, the assessee claimed deduction of liabilities amounting to Rs. 20,69,294 and Rs. 16,19,294, respectively.3. While rejecting the case of the assessee, the Income-tax Officer observed for the assessment year 1971-72 as under :'The liabilities are in respect of arrear demands in respect of income-tax and wealth...
Commissioner of Income-tax Vs. S.M.S. Investment Corporation P. Ltd.
Court: Rajasthan
Decided on: Sep-21-1993
Reported in: [1994]207ITR364(Raj)
1. The Income-lax Appellate Tribunal, Jaipur Bench, Jaipur, has referred the following question of law arising out of its order dated July 10, 1981, in respect of the assessment years 1970-71 to 1973-74 :'Whether, on the facts and in the circumstances of the case, the Tribunal was justified in upholding the finding of the Commissioner of Income-tax (Appeals) that the reopening of assessment under Section 147(a) was not justified ?'2. The brief facts of the case are that the assessee has advanced large sums to Messrs. Citric India Ltd. While completing the original assessments, the Income-tax Officer held that interest at 12 per cent. on the sums advanced to Messrs. Citric India Ltd. accrued to the assessee and included it in the computation of income ignoring the assessee's contention that no such income accrued to it because of disputes with the said company. On February 13, 1975, a branch office of the assessee in Rajmahal Palace was searched and a slip of paper was seized. On this s...
Dr. Shanti Kumar Vs. Bhagwani Devi Hospital
Court: Rajasthan
Decided on: Sep-20-1993
Reported in: 1993WLN(UC)397
Milap Chandra Jain, J.1. This revision petition has been filed under Section 115, C.P.C. against the order of the learned Civil Judge, Rajgarh (Churu) dated August 05, 1993 by which he has rejected the defendant-petitioner's application moved under Order 13 Rule 2, C.P.C. for taking on record the appointment order dated 01.10.74 issued in favour of his wife Dr. Vimla Kanta Verma by the plaintiff-non-petitioner. The facts of the case giving rise to this revision petition may be summarised thus.2. By order dated 25.04.72, the defendant-petitioner was appointed as the Surgeon and Chief Medical Officer on a total consolidated salary of Rs. 1,200/- per month in the plaintiff hospital by its Secretary. After about 3 1/2 years of his appointment, the defendant-petitioner Dr. Shanti Kumar was given the disputed house on consessional monthly rent of Rs. 100/- by the plaintiff-non-petitioner. He left the services of the plaintiff-non-petitioner hospital in the year 1980 or so. In the year 1981, ...
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