Rajasthan Court August 1994 Judgments
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Purshottam and ors. Vs. Kanaiya Lal and ors.
Court: Rajasthan
Decided on: Aug-16-1994
Reported in: 1994(2)WLN621
Gokal Chand Mital, C.J.1. The petitioner is landlord of his shop which he had rented out to the respondent as a tenant on an agreed rent of Rs. 70/- p.m. The petitioner filed a suit for fixation of standard rent. While the suit for fixation of standard rent was pending, the trial court fixed Rs. 120/- p.m. as the provisional rent Under Section 7 of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950, which on appeal was reduced to Rs. 100/- p.m. and on tenant's Civil Revision No, 135/80 Kaniya Lal v. Smt. Kesar Devi was maintained by this Court on 7th of May, 1980.2. When the tenant did not pay the provisional rent, a suit for ejectment was filed against the tenant on the ground of non-payment of rent. The suit was opposed by the tenant and while doing so, an application was filed Under Section 10 of the Code of Civil Procedure for staying the suit on the ground that earlier suit for fixation of standard rent was pending in which some issues were common between the same par...
Paras Mal Vs. State of Rajasthan
Court: Rajasthan
Decided on: Aug-11-1994
Reported in: 1995(1)WLC216; 1994(2)WLN494
N.K. Jain, J.1. This writ petition has been filed by Paras Mal, Principal Secretary M/s. Barmer Marudhar Vikas Samiti, Barmer Under Article 226 of the Constitution of India to declare the words 'In the State' in Clause 5 of Notification Ex.3 dated 16.8.83 as unconstitutional. The petitioners also seeks to quash the respective assessment orders (Ex. 13 to 15) and demand notices (Ex. 16 to 18) dated 7.3.88.2. The Barmer Marudhar Vikas Samiti is a registered Society and it is also registered as a dealer Under the Rajasthan Sales Tax Act (hereinafter referred to as the 'Act') importing match boxes manufactured by the cottage match industries outside the State of Rajasthan. The sale of purchase of such match boxes along with other products of the village industries were exempted by the State Government vide Notification dated 6.3.78 (Ex.1). The petitioner's Society was also exempted from payment of tax. This notification was superseded by another Notification Ex. 3 dated 16.8.83 wherein exe...
Sukhdeo and ors. Vs. the State of Rajasthan and anr.
Court: Rajasthan
Decided on: Aug-11-1994
Reported in: 1995(1)WLC464; 1994(2)WLN651
B.R. Arora, J.1. This miscellaneous petition is directed against the order dated 27-7-94, passed by the Civil Judge (Senior Division) cum Judicial Magistrate, First Class, Sojat, by which the learned Magistrate took cognizance against the petitioners for the offences Under Sections 452 and 323 I.P.C. and issued warrants of arrest to procure their presence.2. It is contended by the learned Counsel for the petitioners that while taking the cognizance, the learned Magistrate passed the order in a mechanical manner without considering the material collected by the estagating officer as well as the reasons given by him with final report. The investigation agency, after due investigation, presented a Final Report and the learned Magistrate even did not consider the reasons given by the investigating agency and took the cognizance against the petitioners. The learned Public Prosecutor, on the other hand, has supported the order passed by the Court below.3. I have considered the submissions ma...
Gajendra Singh and anr. Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Aug-10-1994
Reported in: 1995CriLJ2133; 1995(3)WLC501; 1994(2)WLN643
ORDERR.R. Yadav, J.1. The present criminal misc. petition under Section 482 Cr. P. C. arises out of a judgment dated 23-4-1986 passed in Cr. Revision No. 19/86 by the learned Additional Sessions Judge, Bali by means of which the learned Additional Sessions Judge has reversed the order dated 15-1-85 passed by Sub-Divisional Magistrate, Bali in a proceedings under Section 145 Cr. P. C. in case No. 23/83.2. The facts of the case which are borne out from the perusal of record that on 8-11-82 one Megh Singh s/o Shri Hari Ramji Rawana Rajput of Sanderao executed an agreement to sale in favour of petitioner Gajendra Singh for sale of lands measuring 40 1/2 bighas in Khasra Nos. 909,910 and 911 Dhibi Bera and 48 bighas of and comprised in Khasra Nos. 892, 913 and 914 Bera Sajnavi for a sum of Rs. 70,000/ - out of which he paid Rs. 40,000/- on the date of agreement and rest of Rs. 30,000/- were agreed to be paid within three years @ Rs. 10,000/- per year.There is recital in the agreement dated ...
Vinod Kumar Rao and ors. Vs. State of Rajasthan and anr.
Court: Rajasthan
Decided on: Aug-10-1994
Reported in: 1994(3)WLC1; 1994(2)WLN609
R.S. Verma, J.1. These three writ petitions raise identical questions of law and facts, and hence have been heard together with consent of all concerned. All the three writ petitions are being disposed of by a common order.2. Vinod Kumar Rao, petitioner in D.B. Civil Writ Petition No. 1596/1988, passed his matriculation examination in 1956. He passed his P.N.R.C. Examination in the year 1963. He was appointed as Compounder/Male Nurse Gr. III on 13.3.1964. He was promoted as Male Nurse Gr. II on 13.8.1965, and was promoted Male Nurse Gr. I on 21.10.1977.3. Devendra Singh Chaudhary, petitioner in D.B. Civil Writ Petition No. 4444/1988, passed his matriculation Examination in the year 1955, and passed his P.N.R.C. Examination in the year 1963. He was appointed Compounder-cum-Male Nurse Gr. III on 28.5.1963. He was promoted as Male Nurse Gr. II. He was eventually promoted as Male Nurse-cum-Compounder Gr. I on 24.5.1975.4. Jagdish Chandra Yadav, petitioner in D.B. Civil Writ Petition No. 44...
Gordhan Ram and ors. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Aug-09-1994
Reported in: 1995CriLJ273
B.R. Arora, J.1. This appeal is directed against the judgment dated 12-3-91, passed by the Additional Sessions Judge No. 1, Hanu-mangarh, by which the learned Additional Sessions Judge convicted and sentenced the appellants for the offences under Sections 304B and 498A, I.P.C.2. The appellants were tried by the learned Additional Sessions Judge No. 1, Hanumangarh, for the offences under Sections 498A and 304B, I.P.C. The case of the prosecution is that on 21 -4-1986, Smt. Sharda D/o PW 5 Banwari Lal, was married to accused-appellant Atma Ram. After her marriage she was subjected to cruelty and harassment for the demand of one Maruti car by the husband and his family members, due to which she drunk insecticide and died on 2-9-87. A day earlier to that, i.e., on 1-9-87, PW 6 Anil Kumar the brother of deceased Sharda had gone to meet her and he was informed by his sister, viz., Smt. Sharda on 1-9-87 that her husband and other members of his family were demanding a Maruti car as dowry and ...
Smt. Laxmi Bai and anr. Vs. Union of India (Uoi) and ors.
Court: Rajasthan
Decided on: Aug-09-1994
Reported in: 1995(1)WLC628; 1994(2)WLN173
P.K. Palli, J.1. On the basis of secret information Respondent No. 2 Collector, Central Excise and Customs, New Delhi organised various raids at the residential premises of one late Shri Chhagan Lal Godawat in the town of Chhoti Sadri. These raids were carried out from 29.7.1965 to 14.8.1965.2. Chhagan Lal Godawat is said to have died on 8.7.1973. Petitioner No. 1 is his widow and petitioner No. 2 is his son. During the aforesaid raids properties as mentioned in Schedule A annexed with the writ petition were seized. The search was also made at the premises of one Ratan Lal Nalwalia at Chhoti Sadri on 3.6.1965 and some documents are said to have been recovered from there. These documents are of the years 1920, 1921, 1922 and 1931 and late Chhagan Lal Godawat has admitted these documents.3. On the basis of the search and seizure 240,040.145 kgs. of gold valued at that time at Rs. 12,05,000/- was recovered and in sequence a show cause notice dated 3.2.1966 proposing confiscation and penal...
Bajranglal Vs. Union of India (Uoi) and ors.
Court: Rajasthan
Decided on: Aug-09-1994
Reported in: 1994(2)WLN139
P.K. Palli, J.1. On 29.7.1987 the Customs authorities raided the residence of the petitioner and took the search of his house. Ornanments i.e. Silver weighing 61.775 Kgs. and gold ornaments weighing 2150 gms. were seized vide Panchnama Annex. 1. The above said ornaments were seized on the gound that the petitioner had violated Sections 16 and 71 of the Gold (Control) Act, 1968. It is said in the petition that till date no action has been taken by the respondents nor any case has been made out after investigation and these articles are lying with the respondents.2. The petitioner has averred that these ornaments are duly entered in the regularly maintained books with the slips of the owners and these are pledged with the petitioner and his son and the property belongs to the debtors. On 3.2.1988 a notice was served by the petitioner for the release of the property. This is Annex. 2. It is further stated that on 8.9.1987, respondent No. 4 who is the Commissioner of Income-tax issued a no...
Nema Ram and ors. Vs. Mangilal
Court: Rajasthan
Decided on: Aug-09-1994
Reported in: 1995(1)WLC443; 1994(2)WLN486
Rajendra Saxena, J.1. This revision petition has been preferred against the order dated 18.6.1988 passed by the learned Addl. Chief Judicial Magistrate, Ratangarh in Criminal Complaint case No. 273/88, whereby he took cognizance against the accused- petitioner for the offences punishable Under Section 323, 324/34 & 326/34 I.P.C. and ordered for issuing bailable warrants to ensure their attendance.2. In nutshell the relevant facts are that on the report of the complainant-non-petitioner Crime no., 72/88 was registered at Police Station, Ratangarh against the accused-petitioners and their father Govind Ram. The police after investigation submitted a challan only against accused Govind Ram for the offences Under Sections 341,323,324, & 326 I.P.C. It was mentioned in the challan that as against the accused-petitioners, from the investigation no offense was made out and that they were also not present at the time of alleged occurrence. The complainant through the Addl. Public Prosecutor fil...
Ram NaraIn Deora Vs. the State of Rajasthan and ors.
Court: Rajasthan
Decided on: Aug-09-1994
Reported in: 1995(1)WLC490; 1994(2)WLN634
B.R. Arora, J.1. The petitioner, by this miscellaneous petition, has prayed for quashing the F.I.R. No. 278/94 (EX.P. 10) lodged by Nimba Ram against him at Police Station, Nagaur.2. The allegations made in the written report, lodged by Nimba Ram, are that on 25-2-94, he applied for the loan for his tube-well from Amfort Agro. Finance Limited, Branch Office, Nagaur, and submitted the application in the prescribed form after completing the necessary formalities. Dileep Kankariya was the Assistant Manager while Ram Narain Deora was the Branch Manager of the aforesaid Finance Company. They and one Prema informed the complainant to deposite Rs. 25,000/- so that the loan may be released in his favour. The informant deposited Rs. 2,000/- on 10-3-94 as the service charges vide receipt No. 2860 and Rs. 25,000/- were deposited on 23-3-94 vide receipt No. 13923 in the Nagaur Branch of Amfort Agro. Finance Limited. His son, also, deposited Rs. 2,000/- on 10-3-94 vide receipt No. 2859. The Amfort ...
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