Rajasthan Court September 1994 Judgments
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Mishri Lal Vs. Vidhadhar Singh Poonia and ors.
Court: Rajasthan
Decided on: Sep-13-1994
Reported in: 1995(1)WLC137; 1994(2)WLN488
Rajendra Saxena, J.1. I have perused the case diary of Crime No. 131/93, Police Station, Shahpura as also the case diary of criminal complaint No. 33/93, Under Section 41(2)/110 Cr.P.C. of Police Station, Shahpura initiated against petitioner Mishrilal. I have also perused the reply filed by the contemners.2. Petitioner Mishrilal and one Hansraj filed a petition Under Section 482 Cr.P.C. bearing S.B.Cr. Misc. Petition No. 515/93 in this court and prayed for quashing the FIR No. 131/93, whereby a criminal case for the offences Under Sections. 447 and 427 IPC and Section 3(X), S.C./S.T. (Prevention of Atrocities) Act, hereinafter referred to as 'the Act' was registered against them and for setting aside the order dated 28.8.93 passed by the learned Special Judge, S.C./S.T.C. (prevention of Atrocities) Act Case, Bhilwara dismissing their anticipatory bail petition. This Court vide its order dated 10.9.93 ordered for issuing notices to the respondents, returnable within four weeks. In S.B....
Malkiyat Singh and anr. Vs. Om Prakash and ors.
Court: Rajasthan
Decided on: Sep-09-1994
Reported in: AIR1995Raj38; 1995(1)WLC191
ORDERR.R. Yadav, J.1. The instant revision is directed against the order dated 27-7-1994 passed by learned Civil Judge-cum-Additional Chief Judicial Magistrate, Sangaria District Sri Ganganagar in Civil Suit No. 84 of 1993, whereby, the learned Court issued notices under Order 32, C.P.C. to the defendant-petitioners on 31-3-1994 calling upon the defendant-petitioners to attend the court and to do 'Pairvi' of the case on their behalf as they have attained majority during the pendency of litigation instead of 'pairvi' being done by their natural guardian Shri Hakam Singh who happened to be their father. The learned court-below vide its notice dated 31-3-1994 called upon the defendant-petitioners to put in their appearance on 28-4-1994.2. In pursuance of the aforesaid notice issued by the learned Civil Judge-cum-Additional Chief Judicial Magistrate, both the defendant-petitioners appeared in court and moved an application on 18-5-1994 seeking the leave of the court to file written stateme...
Regional Transport Officer and anr. Vs. Pradeep Kumar Jain
Court: Rajasthan
Decided on: Sep-08-1994
Reported in: AIR1995Raj145; 1994(2)WLN431
Anshuman Singh, J.1. This special appeal is directed against the judgment rendered by a learned single Judge of this Court on 1-6-1994 allowing the writ petition of the respondent in this appeal.2. Facts giving rise to the present special appeal lie in narrow compass. The respondent purchased Vehicle No. GRW 2861 from Shri Mohammad Yusuf, resident of Datta, Gujarat. The agreement for the said transaction was executed on 21-2-1992. The respondent is a resident of the State of Rajasthan and the vehicle purchased by him was intended to be kept permanently in the State of Rajasthan. He brought the truck to Jaipur for carrying on transport business and established the office at B-34, Vijay Path, Tilak Nagar, Jaipur. According to the averments made in the writ petition, the respondent-petitioner is alleged to have brought the truck in the State of Rajasthan on 14-10-1992. After bringing the said vehicle, the respondent approached the District Transport Officer, Jhalana-Doonagari, Jaipur and ...
Laxmi Industrial Corporation Vs. K.K. Tewari and anr.
Court: Rajasthan
Decided on: Sep-08-1994
Reported in: [1995(70)FLR707]; (1995)IILLJ276Raj; 1995(1)WLC651
Arun Madan, J.1. The petitioner, which is a corporate industrial establishment and engaged in the manufacturing of edible oil by oil seeds, had availed of the services of respondent No. 2 and 29 others as workmen in the factory. It is contended in the writ petition that on October 20, 1983, some of the employees entered in the office of the petitioner establishment and indulged in rowdy behaviour against the management. Under the circumstances, on November 5, 1983, the management had by a notice in writing served all the employees to return their attendance cards to the factory guard for preparing salary sheet for the month of October, 1983. It has been further stated on behalf of the petitioner that in spite of the notice, the employees did not return their attendance cards and in the meanwhile they chose to file a petition under Section 15(2) of the Payment of Wages Act, 1936 (hereinafter referred to as 'the Act'), for recovery of wages.2. In the meanwhile, the management of the peti...
Vishnu Dutt and anr. Vs. Govind Das and ors.
Court: Rajasthan
Decided on: Sep-08-1994
Reported in: 1995CriLJ263; 1995(2)WLC493; 1994(2)WLN490
ORDERB.R. Arora, J.1. This miscellaneous petition is directed against the order dated 20-12-93, passed by the Additional Chief Judicial Magistrate No. 4, Jodhpur, by which the learned Magistrate refused to accept the Final Report submitted by the police and took cognizance against the accused-petitioners for the offences under Sections 448, 427 and 341 I.P.C.2. The order passed by the learned Additional Chief Judicial Magistrate has been challenged by the petitioners on the grounds that (i) the order passed by the learned Magistrate taking cognizance is not a speaking order; (ii) the learned Magistrate has not considered the Final Report submitted by the investigating agency and has not given any detailed reasons why he did not agree with the Final Report submitted by the investigating agency; and (iii) before taking the cognizance and not accepting the Final Report, the petitioners were not given any opportunity of hearing. It has been contended by the learned counsel for the petition...
Yaqub Ali Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Sep-06-1994
Reported in: 1995CriLJ1376; 1995(2)WLC730
ORDERR.R. Yadav, J.1. Challenge in the present revision petition is to the order passed by the learned City Magistrate, Udaipur under Sub-section (1) of Section 145, Cr. P.C. and order passed by him attaching the Moiyatpura Mosque under Sub-section (1) of Section 146, Cr. P.C. Learned City Magistrate passed the impugned preliminary order under Sub-section (1) of Section 145, Cr. PC on 29-5-84 and subsequent thereafter he passed another order of attachment under Sub-section (1) of Section 146, Cr. PC on the ground of Emergency attaching Moiyatpura Mosque on 30-5-84. Both the orders mentioned-above passed by the learned City Magistrate, Udaipur are under challenge before me.2. Before entering into the merit of the present revision petition, it would be expedient to make mention that a preliminary objection has been raised about the maintainability of the present revision petition filed by the petitioner.3. Mr. V. R. Mehta, learned Public Prosecutor for the State, urged before me that the...
Derby Textiles Ltd. Vs. Union of India (Uoi)
Court: Rajasthan
Decided on: Sep-06-1994
Reported in: 1994(74)ELT815(Raj); 1995(1)WLC510
N.K. Jain, J.1. These special appeals, filed under Section 18 of the Rajasthan High Court Ordinance, 1949 are directed against the common order of the learned Chief Justice dated 8-4-1992 dismissing seven writ petitions and the order dated 16-4-1992, and the orders dated 23-4-1992/21-5-1992 passed by the learned Single Judge whereby on the basis of the said order he has dismissed seven writ petitions.2. Since all these appeals raise a common question of law and fact filed by the same petitioner, so they are being disposed of by this common judgment. Though appeals arising out of the common order passed in S.B.C.W. Petition No. 2602,2604 and 2606 of 1986 are not before us. 3. The facts which are necessary for the disposal of these special appeals as alleged in D.B. Special Appeal No. 298/92 are that the petitioner-appellant is a private limited Company registered under the Companies Act and engaged in the business as exporters, importers and manufacturers having its registered office at...
Govind Ballabh Parikh Vs. Income-tax Officer
Court: Rajasthan
Decided on: Sep-05-1994
Reported in: [1995]214ITR519(Raj); 1995(2)WLC490
Arun Madan, J.1. By this petition filed under Articles 226 and 227 of the Constitution of India, in the matter of notice dated February 6, 1985, served on the petitioner under Section 148 of the Income-tax Act, 1961 (for short, 'the Act'), for the assessment year 1980-81, the petitioner has challenged the impugned notice on the ground that no reasons have been disclosed by the assessing authority as to what was the basis on which the notice was sent to the petitioner and in the absence of disclosure of reasons, the petitioner was not bound by the notice. Shri Mehta, learned counsel for the petitioner, has contended that for the assessment year 1980-81, the late Shri Balkishan Pareek, advocate, submitted his return disclosing income from property, income from profession and income from other sources well within time. The assessment of the petitioner was completed on January 12, 1981, on a sum of Rs. 14,115 as per return and a sum of Rs. 510 was refunded to the assessee on July 19, 1980,...
Tola Ram Vs. State of Rajasthan
Court: Rajasthan
Decided on: Sep-05-1994
Reported in: 1996CriLJ8; 1995(1)WLC144
R.R. Yadav, J.1. This appeal is preferred against the judgment dated 29-9-86 passed by the learned District and Sessions Judge, Jalore in sessions case No. 37/85 by which he found Tota Ram @ Tolia guilty for the offence Under Section 302, IPC and sentenced him for life imprisonment and a fine of Rs. 100/- and in default to further undergo one month's simple imprisonment.2. According to the prosecution story it is alleged that on 26-9-85 at about 9.30 a.m. Thakra Ram, real brother of accused appellant Tola Ram, lodged a written report at Police Station Ahore stating therein that his real brother Tolia who is living separately with him had committed murder of his wife by causing injuries on her neck and head by an axe. According to the FIR lodged by his real brother, it is alleged that for some time accused appellant was mentally depressed and emotionally surcharged. It is further disclosed in the FIR that the dead body of deceased Bhikhi is lying in pool of blood in the ori (inner room)...
Gurdeo Singh and ors. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Sep-05-1994
Reported in: 1996CriLJ1270; 1994(2)WLN467
R.R. Yadav, J.1. This appeal is preferred against the judgment dated 15-12-1987 passed by the learned Additional Sessions Judge, Raisinghnagar in Sessions Case No. 32 of 1987, by which, he found the appellant Gurdeo Singh guilty for the offence under Section 302, I. P. C. and appellants Panchhi alias Balbir Singh and Labh Singh under Section 302 read with Section 34, I. P. C. and sentenced each of them for life imprisonment and a fine of Rs. 1,000/- to each appellants, in default of payment of fine to further undergo one year's R. I.2. According to the prosecution story, it is alleged that on 10-9-86 at about 5.30 p.m., the brother of first informant School Master Malkiyat Singh after coming from the School, was standing ahead of his house near 'Khala' (water-course), where accused-appellant Gurdeo Singh s/o Jhanda Singh and his two sons viz. Panchhi alias Balbir Singh and Labh Singh suddenly came and immediately after their arrival, Panchhi alias Balbir Singh and Labh Singh caught hol...
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