Rajasthan Court August 1994 Judgments
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Mahendra Kumar Vs. Bheem Raj Meena
Court: Rajasthan
Decided on: Aug-09-1994
Reported in: 1995(1)WLC477; 1994(2)WLN637
P.K. Palli, J.1. Mahendra Kumar, petitioner, has filed this election petition agaist Bheem Raj. Elections were held on 11.11.1993. Bheem Raj respondent was declared elected from Aspur Assembly Constituency No. 136. The election has been challenged by way of this petition that the respondent had given wrong information in the nomination form with respect to his age by concealing the material fact. It is alleged in the petition that the respondent passed out the Secondary Examination from the Board of Secondary Education Rajasthan, Ajmer in the year 1987 where his date of birth is entered as 10.8.1969. In short the entire case as projected in the petition is that the respondent was below the age of 25 years at the time of the filing of the nomination form and Under Article 173 of the Constitution of India as well as for qualifying for the membership of the State Legislature. Under Section 5 of the Representation of the People Act, 1951, a candidate seeking such election is not duly quali...
Commissioner of Income-tax Vs. Rajesh Corporation
Court: Rajasthan
Decided on: Aug-08-1994
Reported in: 1994(2)WLN461
1. This is an application filed by the Commissioner of Income-tax, Jaipur, under Section 256(2) of the Income-tax Act, 1961 (hereinafter referred to as 'the Act'), for directing the Tribunal to refer the following question to this court for decision :' Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the assessee-firm was entitled to registration under the Income-tax Act, 1961 ?'2. The briefly stated facts giving rise to this application are as under :The assessee, Rajesh Corporation, had applied for registration in Form No. 11. It was stated that there were three partners in the firm, which came into existence with effect from February 1, 1979. The accounting year of the firm ended on June 30, 1979. The Income-tax Officer, however, held that the partnership was not genuine and the two lady partners, Smt. Bhanwar Devi and Smt. Vimla Patni, are not genuine partners, but are benamidars of the male partner, Shri Sirehmal Chopra. He fur...
Kishansingh and ors. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Aug-08-1994
Reported in: 1994CriLJ3503
J.R. Chopra, J.1. This appeal is directed against the judgment of learned Addl. District and Sessions Judge, Rajsamand, dated 28-4-1989, whereby the learned Judge has held the accused-appellants Kishansingh, Bhomsingh and Sawaisingh guilty of the offence under Sections 302, 460 and 323, IPC and, has, however, acquitted them of the offence under Section 307, IPC. For the offence under Section 302, IPC, each one of them has been sentenced to undergo life imprisonment together with fine of Rs. 200/-. For offence under Section 460, IPC, each one of them has been sentenced to undergo 3 years' rigorous imprisonment together with fine of Rs. 100/- and, for offence under Section 323, IPC, each one of them has been sentenced to undergo one year's rigorous imprisonment. All the substantive sentences have been ordered to run concurrently. In default of payment of fine of Rs. 200/-, they have been ordered to undergo 6 months' simple imprisonment each and for default in payment of fine of Rs. 100/-...
Commissioner of Wealth-tax Vs. Gokuldas Pradeep Kumar Rathi
Court: Rajasthan
Decided on: Aug-05-1994
Reported in: (1995)129CTR(Raj)306; [1995]214ITR468(Raj)
V.K. Singhal, J. 1. The Income-tax Appellate Tribunal has referred the following three questions of law arising out of its order dated March 10, 1983, in respect of the assessment years 1977-78, 1978-79 and 1979-80 under Section 27(1) of the Wealth-tax Act, 1957.' (i) Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that gratuity liability is an ascertained liability and, therefore, the same should be deducted while determining the market value of shares of Messrs. Krishna Mills Ltd., Beawar (ii) Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the provisions of Section 7(4) of the Wealth-tax Act are applicable in respect of immovable properties occupied by partners for their self-residence notwithstanding the fact that the properties belonged to the firm ? (iii) Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that deduction under Sec...
Sukh Ram and anr. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Aug-05-1994
Reported in: 1995CriLJ257; 1995(1)WLC321; 1994(2)WLN514
R.R. Yadav, J. 1. These three appeals are preferred against the judgment dated 2-12-1992 passed by the learned Additional Sessions Judge, Banner in Sessions Case No.67 of 1991, by which, he found appellants Sukh Ram and Smt. Jhamku guilty for the offences under Sec. 302, and 201, IPC. Learned Additional Sessions Judge convicted both the accused-appellants under Sec. 302, IPC and sentenced them for life imprisonment and a fine of Rs. 5000/- each, in default of payment of fine to further undergo 2 years' SI under Sec.201, IPC both the accused-appellants were sentenced to 3 years R.I. and a fine of Rs. 1000/- each, in case of default in payment of fine each accused to further undergo 3 months S.I.2. According to the prosecution story, it is alleged that on 5-2-1991 Anna Ram (PW 5) s/o Haringa Ram r/o village Kharali lodged a typed report to the Superintendent of Police, Banner to the effect that his younger brother Bhagirath aged about 22 years, r/o Village Kharali proceeded on 3-1-91 to ...
Sahib Ram and Company Vs. the Rajasthan State Agriculture Marketing Bo ...
Court: Rajasthan
Decided on: Aug-05-1994
Reported in: 1994(2)WLN159
P.P. Naolekar, J.1. Appellant is a registered firm and is registered as B Grade Contractor with the respondent, the Rajasthan State Agriculture Marketing Borard. A suit for permanent injuciton was filed by the appellant claiming the relief that the repondent be restrained form appropriating the amount form the appellant, for satisfaction of its claim for damages for alleged non-performance of the contract. According to the appellant, tenders were invited for the work of construction of road. On 4.12.89 the appellant submitted its tender. Later on, the appellant was informed by issuance of the work order about the acceptance of his tender of construction of the road to be completed within 12 months form 7.3.90. Inspite of the acceptance of his tender, no contract was executed by the respondent inspite of best efforts made in that direction by the appellant. The respondent has given a contract for the signature of the appellant, which was not acceptable to the appellant and, therefore, t...
Nemi Kumar @ Bapu Bhai Vs. State of Rajasthan
Court: Rajasthan
Decided on: Aug-05-1994
Reported in: 1995(1)WLC643; 1994(2)WLN632
Rajendra Saxena, J.1. Notice was given to the learned Pubic Prosecutor, who has accepted the same.2. Heard.3. This petition has been filed Under Section 482 Cr. P.C. for quashing the F.I.R. No. 298/91, Police Station, Lohariya, District-Banswara, whereby a case has been registered against the accused petitioner for the offences Under Sections 363,366 & 376 I.P.C. and Under Sections 3(xi) & (xii) of the Scheduled caste & Scheduled Tribe (Prevention of Atrocities) Act, 1989.4. The contention of Shri J.P. Joshi, the learned Counsel for the petitioner, is that the report in this case was lodged by prosecutrix Indira after about two months or the alleged occurrence, that the petitioner-accused had been `Pancha' & Sarpanch' of Gram Panchayat, Basiada from the year 1982 to 1991, that the brother of the prosecutrix bears animosity with the petitioner and as such a false case has been foisted against him. He has further submitted that, no ingredients of offence Under Section 3(xi) & (xii) Sched...
Bhanwaria and ors., Etc. Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Aug-04-1994
Reported in: 1994CriLJ3742
J.R. Chopra, J.1. These three appeals are directed against the common Judgment rendered by the learned Additional Sessions Judge No. 1, Jodhpur dated 2-12-1989, whereby, the accused-appellant Bhanwariya son of Phoosaram was held guilty of the offences under Sections 376(2)(g) and 411, IPC and he was sentenced to life imprisonment together with a fine of Rs. 1000/- and in default of payment of fine, to further undergo rigorous imprisonment for one year for the offence under Section 376(2)(g), IPC; and one year's rigorous imprisonment together with a fine of Rs. 100/- and in default, to further undergo rigorous imprisonment for one month for the offence under Section 411, IPC. The accused-appellants Bhanwariya son of Surjaram and Mangilal were also held guilty of the offence under Section 376(2)(g), IPC and they were sentenced to ten years rigorous imprisonment together with a fine of Rs. 1,000/ - and in default, to further undergo rigorous imprisonment for one year. The accused-appellan...
Prem Adhar Gaur and ors. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Aug-04-1994
Reported in: 1994(2)WLN603
P.K. Palli, J.1. The case has a chequered history and this petition is the third attempt in the series seeking the desired relief. Non-coordination between the different wings of the State has led to not only confusion but have left the petitioners high and dry on the crossings. It is really unfortunate and sad state of affairs as the facts hereinafter detailed would reveal. The State and its functionaries have been playing with the career of the petitioners who are students and this has happened because of the absence of coordination between the various wings functioning in the irrespective fields. A total non application of mind, lack of thinking and coordination has resulted into a mess for which the respondents have to blame only themselves.2. The petitioners and those mentioned in the shcedule-A annexed to the petition are similarly circumstanced. These persons not only pursued the studies together but also took up examination held by the Board of Secondary Education and therefore...
New India Assurance Co. Ltd. Vs. Prahlad Singh and ors.
Court: Rajasthan
Decided on: Aug-03-1994
Reported in: 1994ACJ1049
Arun Madan, J.1. In this case against the claim amount of Rs. 1,87,000/- for causing the death of the minor son Raghuvir, aged 7 years, who died as a result of the fatal accident on 10th March, 1988, with jeep No. RNV 3481, duly registered with New India Assurance Co. Ltd. (the appellant herein), respondents herein were awarded a sum of Rs. 73,000/- by Motor Accidents Claims Tribunal. Learned counsel for the appellant who is present in the court today has not disputed the payment of the said amount in favour of the claimants which already stands paid. Therefore, I am of the view that no cause of action survives in favour of the insurance company. Learned counsel for the insurance company, however, states that he is objecting to the same as regard the limit of the insurance company for award amount since it has paid in excess of the limited liability, since the liability was limited as per the insurance contract to the extent of Rs. 50,000/-. This plea is not open to the appellant at th...
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