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Rajasthan Court March 1995 Judgments

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Mar 21 1995

Sayari Devi Vs. State of Rajasthan

Court: Rajasthan

Decided on: Mar-21-1995

Reported in: (1996)IIILLJ1181Raj; 1996WLC(Raj)UC263; 1995(1)WLN508

ORDERR.R. Yadav, J.1. This is a writ petition through post by a poor starving petitioner Smt. Sayari Devi widow of late Shri Mangi Lal. r/o Village - Bhadwasi, Post Jayal, District Nagaur for issuing a mandamus for payment of General Provident Fund, State Insurance amounts and Family Pension on the ground, inter alia, that her deceased husband late Shri Mangi Lal was serving in the office of Public Works Department, City sub-division-I, Jodhpur. The petitioner's deceased-husband had worked as chowkidar at Dak Bungalow (B & R), City Sub-Division-I, Jodhpur up to May 1962 and expired on October 19, 1963.The petitioner disclosed here deceased-husband's GPF Account No. C. 1 / 2072 in her application.2. Learned Single Judge of this Court on February 18, 1992 issued notice to show cause to the respondents as to why the petition should not be admitted and allowed.3. Learned Additional Government Advocate accepted notices on behalf of the answering respondents on February 18, 1992 and reply to...


Mar 21 1995

Jai Drinks (P) Ltd. Vs. Commissioner of Income-tax.

Court: Rajasthan

Decided on: Mar-21-1995

Reported in: [1997]225ITR874(Raj)

V.K. SINGHAL J. - The Tribunal has referred the following question of law arising out of its order dated March 31, 1980, and July 1, 1981, in respect of the assessment year 1972-73 under section 256(1) of the Act.'Whether the Tribunal was correct in law in not considering the claim of the assessee during the assessment year 1972-73 holding that the assessee did not agitate the calculation of claim under section 80J done by the Income-tax Officer during the assessment year 1968-69 ?'The brief facts of the case are that the assessee is a manufacturer and is engaged in the production of cold drinks. The assessee claimed the deduction under section 80J of the Act at the rate of six per cent. The deductions were allowed for six months. A contention was also raised that the assessee is also entitled for six per cent, deduction of capital employed for the whole assessment year 1968-69, a part of the amount will be carried forward and set off against the income of the assessment year 1972-73 o...


Mar 20 1995

Heera Ram and ors. Vs. State of Rajasthan

Court: Rajasthan

Decided on: Mar-20-1995

Reported in: 1995CriLJ3778

B.R. Arora, J.1. These appeals are directed against the judgment dated 29-6-87 passed by the District and Sessions Judge, Merta, by which the learned Sessions Judge convicted accused-appellant Heera Ram for the offences under Sections 148, 302, 325/149 and 323/149., I.P.C. and accused Meh Ram, Karna Ram, Mangu alias Mangi Lal and Sri Ram for the offences under Sections 148, 302/149, 323/149 and 323/149, I.P.C. ad sentenced accused Heera Ram 'for' the offence under Section 302, and other appellants Sri Ram, Mangu, Karna Ram and Meh Ram for the offence under Section 302/149 to undergo rigorous imprisonment for life and a fine of Rs. 500/- and in default of payment of fine further to undergo one year's rigorous imprisonment; two years rigorous imprisonment for the offence under Section 148, I.P.C.; two years' rigorous imprisonment and a fine of Rs. 200/- and in default of payment of fine further to undergo six months rigorous imprisonment for the offence under Sections 325/149, I.P.C. and...


Mar 20 1995

Bakhtawar Singh Vs. State of Rajasthan

Court: Rajasthan

Decided on: Mar-20-1995

Reported in: 1995CriLJ3914

B.R. Arora, J.1. This appeal is directed against the judgment dated 19-6-1987, passed by the Sessions Judge, Pratabgarh, by which the learned Sessions Judge convicted the accused-appellant for the offence under Section 302, I.P.C. and sentenced him to undergo imprisonment for life and a fine of Rs. 1,000/- and in default of payment of fine further to undergo three months' rigorous imprisonment.2. Appellant Bakhtawar Singh was tried by the learned Sessions Judge, Pratabgarh, for committing the murder of this wife Smt. Mohan Kanwar on the Deepawali day of the year 1982 by sprinkling kerosene oil on her and then litting the fire. The case of the prosecution is that on 15-11 -1982, at about 8.00 p.m., the accused-appellant demanded money from his wife for liquor, which she refused to give and, therefore, Bakhtawar Singh sprinkled kerosene oil over her body and put her to fire. This incident was witnessed by PW 11 Lalit (aged about 4 to 5 years) - the son of the accused and the deceased. An...


Mar 20 1995

Sampat Lal Vs. the State of Rajasthan

Court: Rajasthan

Decided on: Mar-20-1995

Reported in: 1995CriLJ3910; 1995(2)WLC184

B.R. Arora, J.1. This appeal is directed against the judgment dated 10-8-1987, passed by the Sessions Judge, Bhilwara, by which the learned Sessions Judge convicted the accused-appellant for the offence under Section 302, I.P.C. and sentenced him to undergo imprisonment for life and a fine of Rs. 500/ - and in default of payment of fine to further undergo one month's rigorous imprisonment.2. Appellant Sampat Lal, along with his brothers Mitha Lal and Shanker Lal, was tried by the learned Sessions Judge, Bhilwara under Section 302, I.P.C. for committing the murder of Ram Lal -- the brother-in-law of accused Sampat Lal -- while he was sleeping in the house of Narain Lal in village Panotiya. The case of the prosecution is that Ram Lal was called by Shanker Lal from his village Panotiya to village Aaspur on 25-2-1986 and in the night intervening between 25th and 26th February, 1986, he was sleeping on a cot in the house of Narain Lal. Accused Sampat Lal was, also, sleeping on the adjoining...


Mar 20 1995

Kamji Vs. the State of Rajasthan

Court: Rajasthan

Decided on: Mar-20-1995

Reported in: 1995CriLJ3860

B.R. Arora, J.1. This appeal is directed against the judgment dated 6-12-1988 passed by the Sessions Judge, Banswara, by which the learned Sessions Judge convicted the accused-appellant for the offence under Section 302 IPC and sentenced him to undergo imprisonment for life and a fine of Rupees 500/- and in default of payment of fine further to undergo two months rigorous imprisonment.2. Appellant Kamji - a resident of village Palodra was tried by the learned Sessions Judge, Banswara, for committing the murder of Smt. Rangi widow of late Kodar. on 1-4-85 in her cotton field. The case of the prosecution is that on 1-4-85 the deceased Smt. Rangi and accused Kamji were collecting the cotton crop in the field of the son of deceased Smt. Rangi. P.W. Narbada, PW. 4 Smt. Kamla W/o PW. 15 Parteng and PW. 15 Parteng were, also, in their field. Smt. Narbada left the field at about 4-00 p.m. after collecting some fodder. Thereafter PW. 4 Smt. Kamla and PW. 15 Parteng also left the field while the...


Mar 20 1995

Brij Mohan and 20 ors. Vs. State and ors.

Court: Rajasthan

Decided on: Mar-20-1995

Reported in: 1995(3)WLC321; 1995(1)WLN451

N.K. Jain, J.1. Since all the writ petitions are arising out of the same matter and the petitioners have claimed almost same relief, they are being disposed of by this common order.2. S.B. Civil Writ Petition No. 2884 of 1994:Briefly stated the facts of the case as alleged by the petitioner are that during the search of premises of one Poonam Chand Vishnoi, Mr. Chain Singh Rajpurohit, State House Officer Police Station Bajju District Bikaner recovered some arms from his possession. It is alleged that the accused Poonam chand Vishnoi during the Course of interrogation admitted that he was involved in the smuggling of arms and ammunition from Pakistan and he had sold some arms and ammunitions to the persons. In pursuance of the information given by Poonam Chand Vishnoi, an FIR (Annex. 1) dt. 28.9.93 was chalked out and a case under Sections 3 & 5 of the Terrorist and Disruptive Activities (Prevention) Act, 1987 (hereinafter referred to as the TADA') read with Sections 3/25 of the Indian ...


Mar 15 1995

Sattar Khan Vs. the State of Rajasthan

Court: Rajasthan

Decided on: Mar-15-1995

Reported in: 1995(1)WLN340

B.R. Arora, J.1. This appeal is directed against the Judgment dated 2.11.87, passed by the Sessions Judge, Pali, by which the learned Sessions Judge convicted the accused-appellant for the offences under Sections 302 and 201 I.P.C. and sentenced him to undergo imprisonment for life and a fine of Rs. 1000/- and in default of payment of fine further to undergo one. month's simple imprisonment for the offence under Section 302 I.P.C. and two years' rigorous imprisonment and a fince of Rs. 500/- and in default of payment of fine further to undergo fifteen days' rigorous imprisonment for the offence under Section 201 I.P.C.2. Appellant Sattar Khan, alongwith his father Hakim, was tried by the learned Sessions Judge, Pali, for the offences under Section 302 and 201 I.P.C. The case of the prosecution is that on 14.4.84, appellant Sattar Khan, in the company of his father Hakim Khan, committed the murder of his wife Smt. Kamla and daughter Sahida by throttling them. The prosecution, in support...


Mar 15 1995

Arun Kumar Vs. State of Rajasthan

Court: Rajasthan

Decided on: Mar-15-1995

Reported in: 1996(1)WLC215; 1995(1)WLN440

R.P. Saxena, J.1. Notice was given to the learned Public prosecutor who has accepted the same.2. A case was registered vide FIR No. 219/95 Police Station Nathdwara against the petitioner, who was the then Secretary of Subhash Sewa Mandal for the offence under Section 409 IPC. In the year 1994, the petitioner came to know about the said case and he filed a petition under Section 438 Cr.P.C. on 17.12.94 seeking his anticipatory bail in the court of learned Sessions Judge, Rajsamand. Notice was given to the Public prosecutor on the same day and the case was fixed on 21.12.94 and thereafter on 5.1.95 as the P.P.sought adjournments for sending for the case diary. Thereafter, the case was again adjourned on 12.1.95, 17.1.95. 2.2.95 and 17.2.95.3. A perusal of the certified copy of the order of the file of learned Sessions Judge reveals that he has liberally granted adjournments simply on the request of the P.P. that the case diary was not received by him. On 14.3.95 also, the learned Session...


Mar 15 1995

Mahavir Prasad and anr. Vs. State of Rajasthan

Court: Rajasthan

Decided on: Mar-15-1995

Reported in: 1995(1)WLN531

Rajendra Saxena, J.1. These miscellaneous petitions filed under section 482 Cr.PC have been preferred against the order dated 18.1.95 passed by the learned Special Judge, NDPS Act Cases, Sri Ganganagar, whereby he allowed the application dt. 29.10.94 submitted by the Public Prosecutor Under Section 193/190 Cr.PC in Special Criminal Case No. 4/94 and took cognizance for the offence punishable Under Section 29 of the NDPS Act (Jn short, 'the Act') against the petitioners.2. Since both these petitions arise out of the same order, those are being disposed off by this common order.3. Now a brief resume of the case. It appears that on 12.11.93 at 12.30 PM. Shri Jagdish Singh, S.I. Incharge, P.S., Sadul Shahar, received a source Information that one Maruti car No. CHB 6112, on which Balwantram Bajigar was the driver and wherein five gunny bags of Illicit poppy husk were stored, was lying in a depression behind the Govt. Secondary School and that near the said car, there was no person. Jagdish...


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