Rajasthan Court July 1974 Judgments
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The State of Rajasthan and anr. Vs. Badri and anr.
Court: Rajasthan
Decided on: Jul-16-1974
Reported in: 1975CriLJ1454
V.P. Tyagi, J.1. All these three matters - D. B. Criminal Murder Reference No. 2 of 1974 - the State of Rajasthan v. Badri, D. B.; Criminal (Jail) Appeal No. 99 of 1974. Badri v. The State of Rajas-than and D. B. Criminal Appeal No. 67 of 1974- Badri v. State of Rajasthan arise from the judgment of the learned Additional Sessions Judge, Ganffapur City dated 18th of January, 1974, whereby the learned Judge has convicted Badri appellant under Section 302, Indian Penal Code for causing the murder of Mst. Somoti and sentenced him to death. He has also convicted Badri under Section 307. Indian Penal Code for causing gun shot injury to Sanwalia and sentenced him to 10 years' rigorous imprisonment. Along with Badri his nephew Bhambal has also been convicted with the aid of Section 34 for offences under Sections 302 and 307, Indian Penal Code and under the former offence he has been sentenced to imprisonment for life while 10 years' rigorous imprisonment has been awarded under the latter offen...
Chandmal JaIn Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Jul-15-1974
Reported in: 1974WLN540
Kansingh, J.1. This is a petition under Article 226 of the Constitution by one Shri Chandmal Jain challenging the validity of the order of his reversion from the post of Office Superintendent Grade Ii in the Collectorate, Bundi, (Annexure-9 on record). The petitioner has also challenged the panel Annexure B, prepared by the Revenue Board, Rajanhan for the appointment of Superintendents Grade II in the various Collectorates in Rajasthan.2. The petitioner was initially appointed as a Lower Division Clerk in the District Board of Sawaimadhopur in the year 1951. From 24-1-55, his services were transferred to the State and he was appointed as an Upper Division Clerk in the Treasury Office of Kota. The petitioner continued as Upper Division Clerk till he was appointed as a Stenographer cum-Clerk on 13 2-59. From 14-2 59 he was appointed as a Stenographer Grade III in the pay scale of 120-8-160-10-250 in the Office of the Board of Revenue after due selection under Rule 18 of the Rajasthan Sub...
Chatru and ors. Vs. the State of Rajasthan
Court: Rajasthan
Decided on: Jul-12-1974
Reported in: 1974WLN(UC)353
B.P. Bert, J.1. Chatru was convicted Under Section 148 of the Indian Penal Code and sentenced to 9 month's rigorous imprisonment and was also convicted Under Section 307 IPC. and awarded 3 years' rigorous imprisonment by the learned Assistant Sessions Judge, Alwar. The rest or the applicants were also convicted Under Sections 148 and 307 read with Section 149 I.P.C. & each one of them was sentenced to 9 months' rigorous imprisonment Under Section 148 and 3 years' rigorous imprisonment Under Section 307/149 of the Indian Penal Code These sentences were ordered to run concurrently. They preferred an unsuccessful appeal before the learned Assistant Sessions Judge. Still dissatisfied the nine application are before me seeking a revision of the judgment of the learned Sessions Judge, Alwar.2. This is one of those usual cases where the dispute arose about an agricultural parcel of land. The prosecution says that one the moring of May 23, 1966 Sultan and his brothers Gangaram, Kanhaiya and Ha...
Hari Ram Fatan Das and ors. Vs. Kanhaiya Lal and ors.
Court: Rajasthan
Decided on: Jul-10-1974
Reported in: AIR1975Raj23; 1974(7)WLN463
P.N. Singhal, J. 1. This revision petition of the defendants is directed against the finding of Additional Munsif No. 2, Bhilwara. dated May 22, 1973, by which he rejected their plea regarding mis-joinder of parties and causes of action, The controversy centres round the following facts. 2. One Lal Mohammad, who is not a party to this case, was the owner of a plot of land which he let out to the defendants on a rent of Rs 50/- per mensem, with effect from October 1, 1968. The four plaintiffs (who joined in the suit) alleged that the said Lal Mohammad sold four different portions of that Plot to them, by four separate sale-deeds dated April 1, 1971, and asked the defendants, by a registered notice dated April 7. 1971, to attorn to them. The plaintiffs thereafter instituted the suit which has given rise to the present petition, on August 3. 1971, for the eviction of the defendants, on the ground that they required their respective portions of the plot for their reasonable and bona fide u...
Smt. Geeta Kumari Vs. Shiva Charan Das
Court: Rajasthan
Decided on: Jul-10-1974
Reported in: 1975CriLJ137
ORDERB.P. Beri, C.J.1. This is a dispute between a husband and his wife arising out of a proceeding under Section 488, Criminal Procedure Code.2. The controversy has had a chequered career. The wife made an application under Section 488. Criminal Procedure Code, on October 22, 1966, before the City Magistrate, Jaipur, on the ground that the husband was refusing to maintain her. The learned City Magistrate recorded some evidence relating to the question of jurisdiction but eventually, he decided it in favour of the wife and awarded her a sum of Rs. 100/- per month by way of maintenance. The husband was aggrieved. He moved a revision application and the learned Additional Sessions Judge No. 2, Jaipur City, by his order dated July 5, 1971, recommended to the High Court that the order be set aside, because the wife had not led any evidence to substantiate her claim for main- tenance and ell the evidence that had been led was with regard to the question of jurisdiction. The matter reached t...
Kilji and ors. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jul-10-1974
Reported in: 1974WLN(UC)350
B.P. Beri, C.J.1. A report was made to the Police in regard to the theft of a she-buffalo. The police gave a final report finding PO case. The informant was dissatisfied and he filed a complaint and he did so on January 21, 1971 On June 9, 1972, all the four accused persons namely. Kilji, Khusal Dan, Ajit Dan and Kham. Dan were granted exemption from personal apprarance. The case dragged on for one reason or the another until November 28, 1973, and not a single witness of the prosecution was examined The learned Magistrate on that date suo moto ordered that the exemption granted to the above named four persons on June 9, 1972, should be set aside, because there was no identification parade and, the warrants were issued against the accused in the first instance and the accused had to be personally examined.2. The reasons given by the learned Magistrate seemed to be correct to the learned Additional Sessions Judge No. 2, Jodhpur when the matter was taken before him and these four accused...
Smt. Geeta Kumari Vs. Shiv Charan Das
Court: Rajasthan
Decided on: Jul-10-1974
Reported in: 1974WLN456
B.P. Beri, C.J.1. This is a dispute between a husband and his wife arising out of a proceeding under Section 488, Criminal P.C.2. The controversy has had a chequered career. The wife made an application 488, Criminal P.C. on October, 22, 1966 before the City Magistrate, Jaipur, on the ground that the husband was refusing to maintain her. The learned City Magistrate recorded some evidence relating to the question of jurisdiction but eventually, he decided it in favour of the wife and awarded her a sum of Rs. 100/ per month by way of maintenance. The husband was aggrieved He moved a revision application and the learned Additional Sessions Judge No 2, Jaipur City, by his order dated July 5, 1971, recommended to the High Court that the order be set aside, because the wife had not led any evidence to substantiate her claim for maintenance and all the evidence that had been led was with regard to the question of jurisdiction The matter reached this Court and the learned Judge of this Court, ...
Manjit Kaur Vs. Gurnek Singh and ors.
Court: Rajasthan
Decided on: Jul-09-1974
Reported in: 1975CriLJ195; 1974(7)WLN458
ORDERP. N. Shinghal, J.1. This revision petition of Smt Manjit Kaur is directed against the order of learned Additional Sessions Judge. Sri Ganganagar. dated July 30, 1971, upholding the order of Sub-Divisional Magistrate, Karanpur, dated July 7, 1969, in proceedings under Section 145, Criminal Procedure Code.2. It is not disputed, and is in fact admitted by both the learned Counsel, that the affidavits, which were filed in this case in the court of the learned Sub-Divisional Magistrate, did not conform to the requirement of Order XIX, Rule 3, Civil Procedure Code. It has, therefore been argued by the learned Counsel for the petitioner that the affidavits could not form the basis of the impugned order which must therefore be set aside as being contrary to the law. The learned Counsel has placed reliance on the decisions of this Court in Bhair Gir v. Hanuman Prasad. 1968 Raj LW 361. Pritam Singh v, Ranjit Singh, and Gopi v. Man Mohan, 1974 WLN (UC) 131 to support his argument. On the ot...
Prakash Chand Vs. State of Rajasthan and anr.
Court: Rajasthan
Decided on: Jul-09-1974
Reported in: 1974WLN635
Kan Singh, J.1. This is a writ petition by one Shri Prakash Cand challenging the validity of his order of fixation, Ex.7, in the Rajasthan Municipal Service Rules, 1963, hereinafter to be referred as the 'Rules'.2. The petitioner entered the service of the Municipal Board, Karanpur with effect from 1.7 48 as Acting Secretary under orders of the Government of the former Bikaner State. He thereafter came to be appointed as Secretary to the Municipal Board, Karanpur, with effect from 1.9.48 in the pay scale of Rs. 80-5-110 This pay scale was later revised to Rs. 90-5-120. The petitioner was holding this post on the date of the formation of Rajasthan. After the formation of Rajasthan he was transferred as Secretary, Municipal Board. Raisinghnagar. The designation of the post of Secretary, Municipal Board, Raisinghnagar was altered to that of Executive Officer under orders of the Director of Local Bodies with effect from 9.12 56. On 31 3 60, the petitioner was thus holding the post of an Ex...
Avinash Swaroop Vs. the State and anr.
Court: Rajasthan
Decided on: Jul-08-1974
Reported in: 1974WLN647
ORDERGovernor is hereby pleased to appoint Dr. M.M. Doshi, Deputy Director (Head Quarters) Animal Husbandry Department as officiating Director of Animal Husbandry for a period of one year with effect from 4 h April. 1972.He will continue to hold the additional charge of the post of Deputy Director (Head-quarters) until relief therefrom.By ordersd/Agriculture Production Secretary The Government sought the concurrence of the Public Service Commission for continuing the appointment of Shrt Doshi beyond one year by the letter dated 2nd of April, 1973. By letter dated 30th June, 1973, the Rajasthan Public Service Commission gave their concurrence to the temporary appointment of Shri Doshi as Director Animal Husbandry upto 15th August, 1973 or till the candidate selected by the Commission was made available which ever was earlier, On receipt of the letter conveying the concurrence of the Public Service Commission the Government ordered that the term of Shri Doshi as officiating Director of A...
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