Rajasthan Court March 1955 Judgments
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Madho Singh Vs. the State
Court: Rajasthan
Decided on: Mar-24-1955
Reported in: AIR1957Raj204; 1957CriLJ797
Bapna, J. 1. This is an application under Section 561-A of the Code of Criminal Procedure. 2. Madho Singh was convicted under Section 302 of the Indian Penal Code by the learned Sessions Judge, Jaipur District, on the 27th February 1954, and sentenced to transportation for life. He presented an appeal through jail, and it was dismissed under Section 421, Cr. P. C., on the 14th of May 1954. Madho Singh has filed the present application on 7th June 1954, through counsel urging that the appeal be re-heard. In support of the application it was argued by learned counsel for the applicant that the provision of Section 421, Cr. P. C,, was discriminatory and denied equality before the law, and being inconsistent with Article 14 of the Constitution was void, as declared' by Article 13 of the Constitution. 3. Section 421 of the Code of Criminal Procedure is as follows:-- '(1). On receiving the petition and copy under Section 419 or Section 420, the Appellate Court shall peruse the same, and, if ...
Moolchand and anr. Vs. Lachman and anr.
Court: Rajasthan
Decided on: Mar-21-1955
Reported in: AIR1958Raj72
Bapna, J.1. This is a second appeal by the plaintiffs in a suit for recovery of money.2. The appellants Mool Chand and Chaju Lal instituted a suit in the Court of Civil Judge, Sawai Jaipur, Amber and Dausa on the 15th of August, 19415, against Rupa and his two sons Lachman & Dhanna, in the allegations that the defendants had money dealings with the plaintiffs for many years, & on second Sawan Sudi 15, Samvat 1996 (29th August, 1939), they made up, the previous accounts, and admitted a sum of Rs. 1063/- to be due against them, and got a khata executed in the bahi of the plaintiffs by the hand of Ganesh Patwari, and affixed their signatures thereon after putting a one and ticket on the khata, it being agreed that the rate of interest payable was one rupee per mensem. The plaintiffs claimed Rs. 1753/- inclusive of principal and interest after giving credit for Rs. 50/- alleged to have been paid on 16-8-1941.3. The defendants denied the execution of the khata, and pleaded that the plaintif...
Giani Ram Vs. Ramnath Dutt
Court: Rajasthan
Decided on: Mar-07-1955
Reported in: 1955CriLJ1108
Modi, J.1. This is an application by one Gianiram under the Contempt of Courts Act, and has arisen under the following circumstances.2. The petitioner was a sub-post-master in Bikaner City and was under suspension, and was being prosecuted Under Section 409, IPC in the court of the City Magistrate, Bikaner, for having embezzled certain money under his charge. The opposite party Ramnathdutt is the Superintendent f Post-offices, North Rajasthan Division, Bikaner and the petitioner was prosecuted on his report.At the trial one P.W. Rameshwar Prasad, now sub-postmaster, Bikaner City, but a clerk earlier, was examined as a prosecution witness on 28-11-1953, and it is said that during the course of his crossexamination, Rameshwar Prasad gave replies to certain questions which were favourable to the petitioner and which went to show that the opposite party Ramnathdutt was on terms of en-raity with the petitioner. Rameshwar Prasad had yet to be cross-examined after charge, and such cross-exami...
State Vs. Ramchandra
Court: Rajasthan
Decided on: Mar-04-1955
Reported in: AIR1955Raj183; 1955CriLJ1396
Bapna, J.1. This is an appeal by the Government against the acquittal of the accused Ramchandra on a charge Under Section 123 of the Motor Vehicles Act.2. The case for the prosecution is that Ram Chandra accused was driving a motor truck No, RJR 489 near cinema at Kotah on 31-5-1952. Tika Ram Traffic Constable No. 713, stopped the truck and asked Ramchandra to produce the token of payment of tax as also the permit for the transport vehicle. Rarnchandra failed to produce the two, and a challan was presented against him for an offence Under Section 123 of the Motor Vehicles Act.At the trial Ramchandra admitted that he had not with him at the time when checked by Tikaram either the token of the payment of lax or the permit. He, however, produced the two in Court as Exs. D. 1 and D. 2. The learned Magistrate found that the token Ex. D. 2 did not relate to truck No. RJR 489 in dispute, but to No. 203 RJR. As regards the permit Ex. D. 1, he was of opinion that it had expired on 30-5-1952, an...
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