Court : Rajasthan
Decided on : Sep-12-1989
Reported in : 1990(1)WLN534
..... had been held that no revision lies from order of court calling upon plaintiff to make good deficiency in court fees either under section 115, pc or government of india act (1935).7. he has further placed reliance on mst. rupia v. bhatu mehton and ors. (air 1944 patna 17) (fb) wherein it had been observed that the ..... against the defendants before filing the written statement, the defendants filed separate applications under section 11 of the rajasthan court fees and suits valuation act, 1961 (here in after referred to as the 'court' fees act') and under order 7 rule 10, cpc. the trial court decided these applications vide its impugned orders dated 25-8-1987 accepting the ..... plaintiff is not liable to pay damages claimed by the defendant, and the court fees payable was under section 24(e) of the act and the case was not covered under section 23(1) of the act, and the plaintiff had discretion to value his relief.13. learned counsel for the petitioner has also cited yaqoob all v. firm haji .....
Tag this Judgment!Court : Rajasthan
Decided on : Aug-21-1989
Reported in : 1990WLN(UC)459
S.S. Byas, J.1. This appeal Under Order 43 of Rule 1(R) of the Civil Procedure Code is directed against an order of pendente-lite injunction dated October 27, 1988 passed by the learned Additional District Judge, Raisinghnagar restraining the appellants from recovering any amount from and auctioning their any property.2. The material facts may be noticed in brief. The plaintiffs who are respondents before me in this appeal are the partners of M/s. Bhimsen and party who were granted licence on exclusive privilege basis for the retail sale of I.M.F.L. and Country Liquor for Suratgarh, Padampur, Raisinghnagar group of shops on account of the licences failing to carry out obligations under the of licence, the licence was cancelled on 13.8.1988 by the defendant-appellant District Excise Officer, Sri Ganganagar. At the time of the cancellation of licence, excise revenue amounting to Rs. 67,64,490.76 P. was found outstanding against the licencees. The District Excise Officer initiated the rec...
Tag this Judgment!Court : Rajasthan
Decided on : Aug-03-1989
Reported in : 1990WLN(UC)434
..... the respondents has raised a preliminary objection that against this order of the district excise officer dated 21.1.89 a regular appeal under section 9a of the rajasthan excise act is maintainable. therefore, this court should not interfere in the matter. secondly learned counsel submits that the petition is belated as the order was passed on 21.1.89 and .....
Tag this Judgment!Court : Rajasthan
Decided on : Aug-02-1989
Reported in : 1991CriLJ128; 1989(2)WLN611
..... in order to brush aside the evidence of the eye-witnesses. in giving importance to this evidence instead of the material in the challan papers, the learned sessions judge has acted in an illegal manner. the misuse of liberty by ganga singh is reflected from the subsequent investigation. it may also be said that the case of ganga singh could not ..... on any of the grounds on which the bail can be cancelled, or the bail granted can also be cancelled where it is found that the sessions judge has not acted in a proper manner in granting bail to the accused. in this connection it may be said that no appeal lies against an order granting or refusing bail. the power .....
Tag this Judgment!Court : Rajasthan
Decided on : Jul-27-1989
Reported in : 1990CriLJ2720; 1989(2)WLN595
..... of nature to cause death. therefore, his conviction under section 302, i.p.c. appears to be quite proper.25. so far as his conviction under section 27 arms act is concerned, although it has not clearly been established that the injuries had been caused to hingol singh by the gun recovered in this case but there is no room ..... a whole, with due caution and care, accept, in the light of the other evidence on the record, that part of his testimony which he finds to be creditworthy and act upon it. if in a given case, the whole of the testimony of the witness is impugned, and in the process, the witness stands squarely and totally discredited, the ..... the court of the learned sessions judge, balotra. the learned sessions judge framed a charge under section 202, i.p.c. and another under section 27 of the arms act against the accused. he pleaded not guilty. the prosecution examined 19 witnesses and produced 21 documents. the accused denied the prosecution story but did not examine any witness in his .....
Tag this Judgment!Court : Rajasthan
Decided on : Jul-19-1989
Reported in : 1990WLN(UC)437
M.B. Sharma, J.1. The accused petitioner as per the latter cum petition which has been treated as writ petition, was convicted Under Section 302 I.P.C. on 16th October, 1982, and was sentenced to imprisonment for life. An appeal was filed by him and that too was dismissed by the High Court, Jodhpur, and petitioner is presently undergoing sentence in Central Jail, Jaipur. The Special Leave Petition is said to be pending before the Supreme Court. The petitioner seeks release on parole for a period of 60 days to enable him to repair his Kachha House which was said to have been damaged by rain during last year.2. The contention of the learned Counsel is that the petitioner is entitled to be released on parole on humaitarian ground to enable him to repair his house. It appears from the writ petition that the petitioner has been released on emergency parole on as many as three occasions during the year 1983 and 1988. According to the petitioner his conduct during the period to which he was r...
Tag this Judgment!Court : Rajasthan
Decided on : Jul-19-1989
Reported in : 1990(2)WLN56
M.B Sharma, J.1. This petition Under Section 482 Cr. PC is prefer-red against the Order dated 10-1-89 by which, the learned Judicial Magistrate No. 3, Jaipur City Jaipur took cognizance against the petitioners Under Sections 406, 420, 465 and 120B, IPC2. Before hearing the arguments Shri Bajwa, learned Counsel for non-petitioner No. 2 raised preliminary objection that the petition Under Section 482 is not maintainable on the ground that the order of taking cognizance was passed by the learned Magistrate after satisfying himself that prima facie case is made out to proceed for the offence alleged in the complaint. The learned Counsel for the petitioner in spite of replying this legal objection argued the entire matter on the merit of the case.3. A complaint was filed by A.S. Saroff against the petitioners for the offences Under Section 406, 420 read with Sections 120B, 465 and 471 IPC The allegations have been made in detail in the complaint itself. The learned Magistrate recorded the s...
Tag this Judgment!Court : Rajasthan
Decided on : Jul-06-1989
Reported in : 1990(47)ELT332(Raj)
..... six months for each offence would be quite adequate and reasonable.13. consequently, the revision petition is dismissed. the conviction of the accused-petitioner under section 135, customs act and rule 126p(2) (ii) and (iv) of the defence of india rules, 1962 is maintained. he is sentenced to undergo rigorous imprisonment for six months ..... the earlier case. the only point involved in the subsequent judgment was about the applicability of the provisions of section 20aa of the prevention of food adulteration act. this was not so in the earlier judgment. i am inclined to rely upon the subsequent judgment. in view of the observations made in the subsequent ..... 1967. after framing charges and recording the evidence of the parties, the learned magistrate convicted the accused-petitioner and gave him the benefit of probation of offenders act, as said above. an appeal was filed by the complainant. the learned additional district judge treated it as a revision petition and allowed it. he set .....
Tag this Judgment!Court : Rajasthan
Decided on : Jul-05-1989
Reported in : 1989WLN(UC)28
I.S. Israni, J.1. Both the applications arise out of the same incident, they are, therefore, disposed of by one order.2. The incident is said to have taken place on 24-8-1988 at Mudhera, in which two persons Sompal and Vijai Singh lost their lists. FIR was lodged against 14 persons. Six persons have been already released on bail and six persons are in judicial custody. For the remaining two persons viz. Om Prakash and Durga Prasad, an application under Section 438, Cr.P.C. has been filed, which is presently under consideration. It is given out by Shri Balwada learned Counsel for Mahendra and others, in bail application No. 1164/1989 that Pratap and Chet Ram are the main accused persons and authors of the fatal injuries so far as deceased Vijai Singh is concerned. Chet RAM has been released on bail under the provisions of Section 167(2), Cr.P.C. Accused Babu, who has also been released on bail under Section 167(2) Cr.P.C. is said to be author of the fatal injury so for as Sompal is conc...
Tag this Judgment!Court : Rajasthan
Decided on : Jul-04-1989
Reported in : I(1990)ACC574; 1990ACJ1086
..... , appeal or application, the day from which such period is to be reckoned, shall be excluded. 6th july, 1980 has also to be excluded under section 4 of the limitation act as admittedly it was sunday and the tribunal was closed on that day.7. it has been observed in mohim chandra chakravarty v. national transport (india) pvt. ltd. 1972 acj ..... of the case giving rise to the appeal may be summarised thus.2. on july 7, 1980 (monday), the appellant filed a claim petition under section 110-a of the act claiming rs. 55,000/- as compensation with the allegation in short, that on january 6, 1980 at about 5.30 p.m. he was going to church situated near head ..... 1099, following an earlier decision of the same court in kaushalya rani v. gopal singh air 1964 sc 260, held that even if there is an omission in the limitation act in providing a period of limitation which a special law provides for, such provision in the special law is different from that provided for in the limitation .....
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