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Rajasthan Court November 1954 Judgments

Nov 22 1954

Baldevi Vs. Ramnath

Court: Rajasthan

Decided on: Nov-22-1954

Reported in: AIR1955Raj61; 1955CriLJ621

Wanchoo, C.J.1. This is a reference by the Sessions Judge of Jaipur, and has arisen in the following circumstances.2. Shrimati Baladevi obtained an order Under Section 488, Cr.PC on 1-2-1952, from a Magistrate, by which she was allowed Rs. 30/- per month as maintenance allowance from her husband Ramnath. On 28-3-1952, she applied for execution with respect to one month's amount due to her. She also prayed that Ramnath's salary, which is payable every month by the Superintendent, Divisional Telegraph Office, Ajmer, might be attached and he might be asked to send Rs. 30/- per month to her.A notice was issued to Ramnath, and he objected that this procedure could not be employed for the realisation of maintenance amount granted Under Section 488. That objection was upheld by the Magistrate, and the application was dismissed.3. Thereupon, Shrimati Baladevi went in revision to the Sessions Judge who has disagreed with the view taken by the Magistrate, and has made this reference.4. The Magis...

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Nov 16 1954

Arjun Vs. State of Rajasthan

Court: Rajasthan

Decided on: Nov-16-1954

Reported in: 1955CriLJ1390

Ranawat, J.1. Has is an application by Arjun, son of Sarwan Mina, under Article 226 of the Constitution of India, and also Under Section 491, Criminal P. C.2. The petitioner was convicted Under Section 290 OF the Jaipur Penal Code (corresponding to Section 302 of the Indian Penal Code) by the Sessions Judge of Jaipur ob 11-5-1942, and sentenced to life imprisonment, which was described by the Sessions Judge as -equivalent to 25 years' rigorous imprisonment. The judgment of the Sessions Judge was confirmed by the then High Court of Jaipur on 2-12-1942.3. The case of the petitioner is that after taking into account the remission awarded to him, he has already undergone a sentence of a little more than 20 years' rigorous imprisonment and According to the law then in force a sentence of life imprisonment passed by the Courts of the former Jaipur Slate has been held to be of 20 years' rigorous imprisonment only, and that he is,therefore, entitled for be released from jail. The jail authorit...

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Nov 12 1954

Abdul Rehman Khan Vs. the State

Court: Rajasthan

Decided on: Nov-12-1954

Reported in: 1955CriLJ1021

ORDERNigam, J.C.1. In Case No. 389 of 1954 pending in the court of the City Magistrate, Ajmer, State v. Abdul Rahman Under Section 211, I.P.C., the learned Counsel for the accused on 21-12-1953 raised the point of sanction. 8-1-1954 was fixed for arguments. On that date, certain original applications were not available. Finally on 2-3-1954 the accused wanted to file an affidavit that he had lodged a certain complaint in the court of the Additional City Magistrate. Finally 12-6-1954 was fixed for arguments, but on that date the learned Counsel for the accused was required to lead evidence to show that the original representation is lost before ho could be allowed to produce secondary evidence.On 3-7-1954 the learned Counsel for the accused raised the question that these witnesses should be called Under Section 540, Criminal P. C. This the learned Honorary Magistrate declined to do and gave the accused the alternative of either having summons issued on depositing the necessary diet money...

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