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Judgment Search Results Home > Cases Phrase: mediation Court: rajasthan Year: 1993 Page 3 of about 29 results (0.011 seconds)

Mar 22 1993 (HC)

Chandra Prakash Agrawal Vs. State of Rajasthan and ors.

Court : Rajasthan

Decided on : Mar-22-1993

Reported in : [1994]205ITR562(Raj)

m.b. sharma, j.1. the petitioner seeks registration of criminal cases against the respondents for their alleged illegal and high-handed activities and thereafter to get the cases investigated by the central bureau of investigation. a few other reliefs have also been claimed including the relief of awarding compensation.2. the case of the petitioner is that he is running a sarrafa business under the name and style of messrs. garg and co. in a shop situated below halidya house, johri bazar, jaipur. he also has 'dharam kanta' in the corner of the said shop. respondent no. 5, chain singh, joined as station house officer, police station, manak chowk, jaipur, on or about january 10, 1991. according to the petitioner, respondents nos. 6 and 7, namely, anwar khan and sawai singh, constables nos. 3308 and 1842, respectively, were also posted at manak chowk police station under respondent no. 5, chain singh. some time in the second week of january, 1991, each of them is said to have visited the shop of the petitioner and given out that chain singh has taken over as station house officer of the police station and if the petitioner wants to run his shop smoothly, it is better to fix up mahavari (monthly payment). the petitioner did not agree to it and the abovenamed two respondents threatened the petitioner. on january 16, 1991, at about 1.30 p.m., according to the petitioner, respondents nos. 6 and 7 again came to his shop and asked him as to what had been decided by him finally, and .....

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Mar 23 1993 (HC)

Jai Singh Vs. State of Rajasthan

Court : Rajasthan

Decided on : Mar-23-1993

Reported in : 1994CriLJ1689; 1993(1)WLC481

n.k. jain, j.1. this appeal has been filed by jai singh against the judgment and sentence passed by the learned sessions judge, jalore dated 18-3-1985 whereby the accused-appellant jai singh has been convicted under section 302, ipc and sentenced him to life imprisonment with a fine of rs. 200/- and in default of payment of fine to undergo further two months r.i.2. briefly stated the prosecution case is that one durg singh son of a sister-in-law of jethu singh was living with jethu singh since long as he had no male issue due to which brother of jethu singh and his nephews were unhappy. they were claiming their right over the property of jethu singh, which had given rise to several quarrels between jai singh s/o bhop singh and jethu singh. it is alleged that on the date of incident, in the evening jai singh demanded rs. 500/- from jethu singh and his wife. on refusal jai singh called bad name to them and at that time he was having a knife with him. thereafter it is alleged that in the night when durg singh and jethu singh were sleeping at bera to keep watch on the crop, animals and well, the accused jai singh inflicted blows on the face of durg singh in the midnight. it is also alleged that on hearing the groaning of durg singh, jethu singh woke up and saw jai singh inflicting injuries on the deceased durg singh. the accused jai singh after inflicting blows filed away towards his dhani, jethu singh went his home and narrated whole story to his wife ugam kanwar who went to .....

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Mar 22 1993 (HC)

Chandra Prakash Agrawal Vs. State of Rajasthan and Others.

Court : Rajasthan

Decided on : Mar-22-1993

Reported in : (1993)119CTR(Raj)216; [1993]205ITR562(Raj)

order under s. 132(5)--cash and silver recovered by police officer requisitioned and taken into possession by it authorities under s. 132a.held :even if the officer mentioned in s. 132a in consequence of information in his possession, has reason to believe that any assets represent either wholly or partly income or property which has not been, or would not have been, disclosed for the purposes of the act by any person from whose possession or control such assets have been taken into custody by any officer or authority under any other law for the time being in force, then such officer can authorise the deputy director, etc., to require the officer or authority to deliver such books of account, other documents or assets to the requisitioning officer. as and when action is taken under s. 132a of the it act, the provisions of s. 132 of that act are applicable. from the papers shown to the court, in respect of cash of rs. 2 lakhs and silver weighing 4.865 kg an order under s. 132(5) read with s. 132(7) was made by the asstt. cit and the amount of rs. 2 lakhs was taken in possession being unexplained and concealed income for the asst. yr. 1991-92. the action was taken in accordance with the provisions of the act and there have been orders also referred to above under the act. once the proceedings under s. 132 read with s. 132a of the act have taken place, it is the authorities under the act who alone have jurisdiction in the matter and even in a case where search and seizure under .....

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Mar 10 1993 (HC)

Satyaveer Vs. the State of Rajasthan

Court : Rajasthan

Decided on : Mar-10-1993

Reported in : 1993WLN(UC)138

b.r. arora, j.1. this appeal is directed against the judgment dated february 1, 1986, passed by the sessions judge, churu, by which the learned sessions judge convicted and sentenced the appellant for the offence under section 376 1pc2. the incident, which led to the prosecution of the appellant, took place on 15.10.85, at about 2.00 p.m. when kumari ratna (aged about 9 years) was raped by the accused-appellant in the rohi of kanak singh-the father of the prosecutrix. the incident was, also, witnessed by pw 3 ishwar singh and pw 5 fateh singh. the report of the incident was lodged at police station, hamirgrah, on 15.10.84, at 5.45 p.m. by shri kanak singh-the father of the prosecutrix. the case of the prosecution is that on 15.10.84, at about 2.00 p.m. kumari ratna had gone to graze her cattle. the accused, at about 2.00 p.m. came there and demanded water-mellon from her. she gave water-mellon to him. thereafter the accused caught-hold of her and committed rape upon her. ishwar singh (pw 3) and fateh singh (pw 5) were coming to their field from their house. when they reached near the field of kanak singh, they saw the accused having sexual intercourse with kumari ratna and he was biting her cheeks. kumari ratna was crying. on seeing this, ishwar singh and fateh singh raised an alarm, whereupon the accused ran away. inder singh, vinod singh and kaliyan singh, also, came there and on being informed the incident, they followed the accused, caught hold of him and handed him over .....

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Aug 03 1993 (HC)

K.L. Sharma Vs. Uco Bank and ors.

Court : Rajasthan

Decided on : Aug-03-1993

Reported in : 1993WLN(UC)333

r.s. verma, j.1. shri k.l. sharma instituted s.b. civil writ petition no. 61/4/80 in this court on 25.3.80. in this writ petition, the petitioner interalia prayed for quashing of order dated 3.4.1979 (annx. 8) imposing certain punishment upon him. this writ petition was admitted on 1.4.80. respondents could not be served for quite some time and the case lingered on for service of the respondents. it appears that shri mag raj kalla, advocate (as he then was) was engaged by the respondents to contest this writ petition. no reply was filed by the respondents for almost 10 years or so. shri mag raj kalla, advocate was eventually elevated as judge of this court and file was entrusted to shri m.r. singhvi by shri mag raj kalla. it does not appear that even after shri m.r. singhvi took over charge of the case, any reply was filed by the respondents. shri m.r. singhvi pleaded no instructions in the matter on 23.10.91. the case was, thereupon heard ex-parte and the writ petition was accepted vide order dated 23.10.91.2. now, the respondents have moved this application for review of the aforesaid order. the ground on which the review is sought is that there was some improper correspondence, which ensued between the respondent-bank and its counsel shri m.r. singhvi.3. the review petition is opposed on behalf of the writ petitioner.4. the case of the respondents-review petitioners is that a letter, copy of which is annx. r1 was sent by the divisional manager of uco bank, jaipur, which .....

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Nov 17 1993 (HC)

Prem Chand Vs. Madanlal and anr.

Court : Rajasthan

Decided on : Nov-17-1993

Reported in : 1993WLN(UC)576

m.r. calla, j.1. this revision petition under section 115, cpc is directed against the order dated 23.3.93 passed by shri prashant kumar agarwal, additional district judge no. 3 kota in civil misc. appeal no. 137/90 whereby the appeal filed by the defendant-petitioner has been dismissed and the judgment of amjm no. 1, kota north, kota dated 4.12.90 in civil suit no. 413/90 dismissing the application dated 22.10.81 of the defendant-petitioner for setting aside the ex-parte decree, has been upheld.2. this is second round of litigation between the parties before this court. earlier a revision petition no. 87/92 (madan lal v. prem chand) was decided by this court on 27.4.87 against the order dated 7.11.81. the ex-parte decree was sought to be set-aside by moving an application for setting aside the ex-parte decree under order 9 rule 13 cpc. the learned trial court vide order dated 7.11.81 set-aside the ex-parte decree. against this order dated 7.11.81 the plaintiff preferred a revision petition before the high court being s.b. civil revision no. 87/82. this revision petition no. 87/82 was decided on 27.4.87 and the high court while deciding the revision petition observed that from the finding recorded by the trial court it was clear that the summons having been served on the defendant for hearing of the suit on 18.2.81 the defendant had notice of the date of the suit no doubt in the absence of the copy of the plaint the defendant had to obtain further information about the suit, .....

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Jan 28 1993 (HC)

Jai Singh and anr. Vs. Union of India (Uoi) and ors.

Court : Rajasthan

Decided on : Jan-28-1993

Reported in : AIR1993Raj177; 1993CriLJ2705; 1993(2)WLC1

k.c. agrawal, c.j.1. this full bench has been constituted to decide whether the scheduled castes and scheduled tribes (prevention of atrocities) act, 1989 (no. 33 of 1989) (hereinafter to be referred to as 'the act') is ultra vires the constitution of india.2. for dealing with the arguments raised before us, it will be useful to refer the legislative history as well as the various sections of the act.3. before the present act was passed, the parliament had passed an act known as the protection of civil rights act, 1955' to prescribe punishment for the (preaching and practice of 'untouchability') for the enforcement of any disability arising there from and for matters connected therewith.4. the statement of objects and reasons appended to the bill of the aforesaid act was that the bill before the act was passed had been prepared in pursuance of article 17 of the constitution, by which untouchability was abolished and its practice in any form was forbidden.5. the hindus, who inform the majority, in our country, are divided into four varnas --namely, brahmins, kshatriyas, vaishyas and lastly shudras.6. the untouchability is a product of the hindu caste system. in hadibandhu behera v. banamali sahu (air 1961 ori 33 at 34): (1961 (1) cri lj 296), it was observed by his lordship r.l. narasimham c.j. on this aspect (at page 297 of cri lj) :'in view of this finding it is perhaps unnecessary to discuss the question of law as to whether ex-communication under the aforesaid .....

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May 11 1993 (HC)

Commissioner of Income-tax Vs. Bhagwan Broker Agency

Court : Rajasthan

Decided on : May-11-1993

Reported in : 1994(3)WLC488

v.k. singhal, j.1. the income-tax appellate tribunal has referred the following question of law arising out of its order dated july 3, 1980, for the assessment year 1978-79 :'whether, on the facts and in the circumstances of the case, the tribunal was justified in holding that income from brokerage should be assessed as professional income and not business income ?'2. the brief facts of the case are that the assessee derives its income from brokerage of different commodities. in the assessment order, the said income was considered as that from business whereas the claim ofthe assessee was that it is a professional income. the claim of the assessee was not accepted.3. an appeal was preferred against the said order before the commissioner of income-tax (appeals), jaipur, wherein it was held that brokerage income was from business and not from profession or vocation. the matter was carried in appeal by the assessee before the income-tax appellate tribunal and it was held that in earning the income from brokerage personal skill is required and at least some manual skill is necessary for earning income and as such it was held that the income from the brokerage should be assessed as professional income.4. the submission of learned standing counsel for the department is that income from brokerage is from business and it is not a professional income. according to him, professional income could be of a person like a doctor, an advocate, a chartered accountant and an architect and not .....

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May 19 1993 (HC)

Commissioner of Income-tax Vs. Mohan Enterprises

Court : Rajasthan

Decided on : May-19-1993

Reported in : 1993(3)WLC27

v.k. singhal, j.1. the income-tax appellate tribunal has referred the following three questions of law arising out of its order dated february 11, 1981, in respect of the assessment year 1978-79 :'(1) whether, on the facts and in the circumstances of the case, the appellate tribunal was justified in holding that the assessee is entitled to claim deduction of bank charges, legal fees and interest amounting to rs. 9,075, rs. 10,000 and rs. 30,787, respectively, as revenue expenditure? (2) whether, on the facts and in the circumstances of the case, the appellate tribunal was justified in holding that the travelling and other expenses incurred on shri sunil kumar sah, director of the company, and smt. kum kum sah, w/o. shri sunil kumar sah, director, for undertaking training in production methods of costume jewellery for the new project which was proposed to be set up was capital expenditure ? (3) whether, on the facts and in the circumstances, the tribunal has rightly held that the assessee is not entitled to depreciation with reference to travelling expenses incurred on shri sunil kumar sah, director, in connection with his visit to austria ?' 2. question no. 1 has been referred on the application of the commissioner of income-tax while questions nos. 2 and 3 have been referred on the application of the assessee filed under section 256(1) of the income-tax act, 1961.3. no one has appeared on behalf of the assessee in spite of due service of notice. it appears that the assessee .....

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