Rajasthan Court April 1994 Judgments
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Satya NaraIn Vs. Bajrang Lal
Court: Rajasthan
Decided on: Apr-21-1994
Reported in: AIR1994Raj178; 1994(2)WLC353; 1994(2)WLN43
1. Bajrang Lal, landlord plaintiff filed a suit for eviction of Satya Narain tenant in respect of the shop in Question situated in Bhiloara. The rate of rent admitted to be Rs. 45/- per month. It is said that one Sharda Bai was the owner landlord of the shop in question and vide a sale deed Ex. 1 dated 22-8-1972 said Sharda Bai sold out the shop in question to the plaintiff and thereafter the defendant appellant has become the tenant for the shop in question. Ex. 2 is the rent note which the tenant is stated to have executed in favour of Sharda Bai and after the purchase a notice was given by the landlord, which is Ex. 3 and there was another notice given by Sharda Bai to the tenant which is Ex. 4, stating that she had sold out the shop in question to the plaintiff. Exs. 5 and 6 are the postal receipt and acknowledgment. Ex. 8 are the proceedings from a suit where the tenant had admitted the status of Sharda Bai. The plaintiff sought the eviction of the tenant defendant on the ground o...
Commissioner of Income-tax Vs. Hanuman Tubewells Co.
Court: Rajasthan
Decided on: Apr-21-1994
Reported in: [1995]211ITR1047(Raj)
V.K. Singhal, J. 1. The Revenue has prayed under Section 256(2) of the Income-tax Act, 1961, that the following question of law arises out ofthe order of the Tribunal dated May 26, 1982, in respect of the assessment year 1975-76.'Whether, on the facts and in the circumstances of the case, the Tribunal was justified in allowing the bad debts amounting to Rs. 18,662 in the following names : Rs.8,964R. K. Hotel3,750Mr. P. K. Gupta1,346Shri V. V. Sood2,072Shri K. L. Jain1,035Shri Narain Das Sindhi2,495Sainik Vishram Grah ?'2. Normally, the question as to whether a particular debt was a bad debt or not is a question of fact, but in the present case, we find that the Income-tax Appellate Tribunal has proceeded on the basis that a few of the persons named above were holding powerful posts and, therefore, it was not possible for the assessee to take legal action against them as his business would have adversely been affected. We need not go into the merits of the case at this stage with regard...
Balak Ram Vs. State of Rajasthan
Court: Rajasthan
Decided on: Apr-21-1994
Reported in: 1994CriLJ2451; 1994(2)WLC298; 1994(1)WLN691
Rajendra Saxena, J. 1. The aforementioned represented appeal as well as the jail appeal have been preferred against the judgment dated 19-2-1987 passed by the learned Addl. Sessions Judge, Raisingh Nagar in Sessions Case No. 39/85, whereby the appellant was found guilty for the offences under Section 302, IPC and Section 27, Indian Arms Act and sentenced to life imprisonment with a fine of Rs. 200/ - and in default to further undergo two months' simple imprisonment under the first count and rigorous imprisonment for one year with a fine of Rs. 200/-and in default to further undergo simple imprisonment for two months under the second count. It was also directed that both the substantive sentences shall run concurrently.2. Briefly stated the case of the prosecution is that PW 1 Lal Chand, who is a Pong Dam Oustee, was allotted in the year 1977 one murabba of agricultural land situtated in Chak 20 A. He had a son and five daughters. Appellant Balak Ram, who is an ex army presonnel, was ma...
Bheru Dan and ors. Vs. Firm Sohanlal Shiv Narain
Court: Rajasthan
Decided on: Apr-21-1994
Reported in: 1994(3)WLC744; 1994(1)WLN629
R.R. Yadav, J.1. This first appeal under Section 96 C.P.C. has been preferred against the judgment and decree dated 16.8.1978 passed by the learned Additional District Judge, Sri Ganganagar in Civil Suit No. 11 of 1974.2. The aforesaid Civil Suit was filed on 1.5.1973 by respondent-firm against the defendant-appellants for recovery of Rs. 11,926/- on the ground inter-alia that a Partnership firm came into existence in the year 1958 having its three partner viz. Bheru Dan, Sohanlal and Shiv Narain. Out of three partners, Bherudan was acting partner whereas Sohanlal and Shiv Narain were sleeping partners. It was decided between them that Bherudan will have half share and Sohanlal and Shiv Narain will have 1/4 share each in the partnership firm. It is further alleged that Bherudan admitted to pay Rs. 10,106.54 on 4.5.70 but he failed to repay the said amount, which necessitated to file the Civil Suit on the basis of entry made by Bherudan in the ledgers of the firm. The suit was also file...
Commissioner of Income-tax Vs. Bherwa Fertilizers
Court: Rajasthan
Decided on: Apr-19-1994
Reported in: [1996]217ITR656(Raj); 1994(3)WLC88; 1994(2)WLN225
Gokal Chand Mital, C.J.1. Bherwa Fertilizers, Pali (hereinafter called 'the assessee'), entered into various purchase transactions of fertilizers with Kisan Agro Service Centre, Pali, from November 20, 1979, to December 23, 1979. All these purchases were of more than Rs. 2,500 and their payments were made in cash. The total purchase transactions were to the tune of Rs. 2,21,578 and the assessee sold that fertilizer for the total sum of Rs. 2,38,563 and as per the profit and loss account of that firm, the net profit earned by that firm came to Rs. 11,525.2. When this matter came up for consideration before the Income-tax Officer, he noticed that payments of all these purchase transactions were exceeding Rs. 2,500 and, therefore, he called upon the assessee to give his explanation. The assessee explained that the seller was not prepared to accept cheques or bank drafts and insisted on cash payment and that is how the cash payment was made. The Income-tax Officer applied Section 40A(3) of...
State Insurance and Provident Fund Dept. Vs. Rameshwar Prasad and anr.
Court: Rajasthan
Decided on: Apr-19-1994
Reported in: (1998)IIILLJ706Raj; 1994(2)WLC227; 1994(1)WLN406
G.S. Singhvi, J.1. This writ petition is directed against the award dated June 17, 1993 passed by the Labour Court, Jaipur in case No. LCR 85/1991-Rameshwar Prasad v. Director. State Insurance and Provident Fund Department. Admitted facts which are borne out from the record of the case are that theworkman Rameshwar Prasad was appointed in the service of the State Insurance Department with effect from July 2. 1985 and his service was terminated with effect from July 5, 1986. Against the termination of his service, the workman raised a dispute. Conciliation proceedings were held. When the parties failed to arrive at a settlement, the Conciliation Officer submitted his failure report to the State Government. By its notification dated March 5, 1991 issued under Section 10(1)(c) of the Industrial Disputes Act, 1947, the State Government made reference of the dispute to the Labour Court. Jaipur for adjudication.2. In his statement of claim, filed before the Labour Court the workman pleaded t...
Dr. Bajrang Lal Sharma Vs. State of Rajasthan and anr.
Court: Rajasthan
Decided on: Apr-19-1994
Reported in: 1994(2)WLC1; 1994(1)WLN409
N.C. Kochhar, J.1. Rajasthan Shikshan Prashikshan Vidyapeeth Samiti, Shahpura Bagh, Amber Road, Jaipur, the respondent No. 2 herein, (hereinafter to be referred as the Society) is a society registered under the Societies Registration Act and is running a college under the name of Prachya Vidyapeeth. Dr. Bajrang Lal Sharma, the petitioner, was appointed on the post of lecturer (Vyakarana) vide order dated 3-9-1987 after being selected by the selection committee of the society and was placed on probation for a period of one year. The period of probation of the petitioner expired on 6.8.1988, but no order of confirmation or terminating the services of the petitioner was passed and he continued to be in service till vide order dated 6.10.1990 his period of probation was extended till further orders. Vide order dated 15.2.1991 the society terminated the services of the petitioner with immediate effect. The petitioner, thereupon, filed a writ petition in this Court under Article 226 of the C...
Ayurved Chikitsaks Welfare Association Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Apr-19-1994
Reported in: 1994(2)WLC452; 1994(1)WLN446
G.S. Singhvi, J.1. Ayurved Chikitsaks Welfare Association, Jaipur has filed this writ petition through its General President Shyam Sunder Vasisth with a prayer that respondents No. l and 2 be directed to first regularise the service of temporary/ad-hoc Ayurved Chikitshaks and/or to confirm them and also that such ad- hoc/temporary Ayurvedic Chikitsaks should not be compelled to face the RPSC in pursuance of advertisement No. 5/91-92. Petitioner is a registered association which has been constituted for the welfare of Ayurved Chikitsaks/Vaidyas working in Ayurved Department of the Government of Rajasthan. It is also a body constituted for the purpose of espousing the cause of Ayurved Chikitsaks/Vaidyas working in Ayurved Department of the Government of Rajasthan. A number of persons have been appointed as Ayurved Chikitsaks on temporary basis. Some such appointments were made after selection by a duty constituted selection committee. This is evident from order dated 19.11.81 (annexure-1...
Khairaj Vs. the State of Rajasthan
Court: Rajasthan
Decided on: Apr-19-1994
Reported in: 1994(1)WLN643
R.R. Yadav, J.1. One Shri B.L. Asnani, Assistant Engineer, Rajasthan State Electricity Board, Ajmer Camp at Barmer filed a report at the police station, Barmer on 14.12.1979 to the effect that his employees Gangmen were lying electric wire from Banner to Chohtan Road in Dist. Banner. It is further alleged that on 13.12.1979, two drums of Aluminum wires were put in village Undkha and 19 drums were put at Neemdi. When on 14.12.79, the labourers of the first informant went to village Undkha, they did not find two drums of electric wires. The Junior Engineer, Shri Ram Rakhani reached to the site on receiving information and found that two drums of electric wires were missing and tyre marks of the truck and foot marks of persons were noted on the spot. The employees of the R.S.E.B. went to village Neemdi, there also two drums of electric wires were missing and there also tyre marks and foot marks of persons were found. According to the allegations, four drums containing 10 KM of wire with a...
Surya Prakash Mathur Vs. the State of Rajasthan
Court: Rajasthan
Decided on: Apr-19-1994
Reported in: 1995(2)WLC317; 1994(2)WLN571
R.R. Yadav, J.1. Brief facts giving rise to the present revision petition are that one Mangilal Gour, Munsif & Judicial Magistrate, Jalore submitted a complaint Under Section 29 of the Police Act on 12.4.1982 in the court of Chief Judicial Magistrate, Jalore alleging therein that while discharging the function of Munsif & Judicial Magistrate, Jalore, he passed a judicial order on 16.1.1982 for production of police diary in CR No. 118/78 in Criminal Case No. 93/89 known as Berisal Singh v. Daulat Singh and Ors. The revisionist was required to produce the aforesaid case diary on 23.2.1982 in pursuance of the judicial order passed by Shri Mangilal Gour, Munsif & Judicial Magistrate, Jalore. In abundant caution and looking into the urgency, the learned Magistrate wrote a letter to the revisionist on 19.1.1982 directing him to produce the case diary on 23.2.82. The revisionist did not care to produce the case diary on 23.2.82. Thus, the complaintant had no option except to give notice Under...
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