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Rajasthan Court September 1964 Judgments

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Sep 07 1964

The State Vs. Babulal

Court: Rajasthan

Decided on: Sep-07-1964

Reported in: AIR1965Raj90; 1965CriLJ483

Tyagi, J.1. These are two matters arising out of the judgment of the learned Addl. Sessions Judge, Jodhpur dated 8th January, 1963. D.B. Criminal Appeal No. 54 of 1963 is the appeal tiled by accused Babulal against his conviction under Section 363, Indian Penal Code and sentence of two months' simple imprisonment and a fine of Rs. 50/-, or in default to further undergo simple imprisonment for fifteen days. D. B. Criminal Revision No. 142 of 1963 is the revision filed by the State for the enhancement of the sentence of Babulal.2. Learned counsel for the appellant has assailed the Impugned judgment only on two grounds. (1) that the learned judge has recorded his finding about the age of girl on the basis of the documents which were inadmissible in evidence, and (2) that in view of the circumstances alleged to have been established by the prosecution no offence under Section 363 Indian Penal Code is made out against the appellant as Mst. Lakshmi had left her father's house temporarily. It...


Sep 02 1964

Bhanwari Lal Vs. Shyamlal and ors.

Court: Rajasthan

Decided on: Sep-02-1964

Reported in: AIR1965Raj42

Modi, J.1. This is an execution appeal by a judgment-debtor against an order of the District Judge, Jodhpur, dated the 3rd of August, 1962, dismissing an application under Order XXI, Rule 90, Code of Civil Procedure in circumstances presently to be mentioned.2. Respondents Nos. 3 and 4 Kanmal and Chandmal had obtained a decree against the appellant Bhanwarilal for enforcement of a mortgage. Respondent No. 2 Brij Kishore is an assignee of that decree. The house under mortgage was put to auction in execution of the decree, and respondent No. 1 Shyamlal Goyal purchased it. The appellant moved an application under Order 21, Rule 90, Code of Civil Procedure alleging that there were certain irregularities and illegalities in the publishing and the conducting of the sale and, therefore, the same be set aside. Issues were framed by the executing Court on the 13th of July, 1962 and had presumably been set down for trial, when an objection was raised that the other issues need not be tried, and ...


Sep 02 1964

Col. Sardar C.S. Angre Vs. the State and anr.

Court: Rajasthan

Decided on: Sep-02-1964

Reported in: AIR1965Raj65; 1965CriLJ333

ORDERL.N. Chhangani, J.1. This is a reference by the Sessions Judge, Jodhpur, and arises out of a complaint filed on 7th May, 1963 by B. L. Agarwal, Inspector of Factories and Boiler against Shri I. S. GUI and Col. Sardar C. S. Angre 'Manager and Proprietor respectively of the Jodhpur Cold Storage, Soiatigate, Jodhpur, in the Court of City Magistrate, Jodhpur.2. The material allegations on which the prosecution is founded are contained in para (3) of the complaint and may be set forth as follows: That on 11-4-1963 the complainant inspected the premises of the Jodhpur Cold Storage and found that since 27th of August, 1962, the said cold storage had been employing 13 workers for storing potatoes in the cold storage hall maintained with a 35 H. P. Motor Engine and for removing them from the cold storage hall, drying them, grading them and refilling them in the bags. The expression 'grading' has been nsed as the English equivalent of the Hindi word ^^NVok** which implies sorting out of pot...


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