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Rajasthan Court March 1975 Judgments

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Mar 07 1975

Gram Panchayat Barwa Vs. Addl. Collector

Court: Rajasthan

Decided on: Mar-07-1975

Reported in: 1975(8)WLN86

C.M. Lodha, J.1. This petition under Article 226 of the Constitution of India has been directed against the order of the Addl. Collector, Pali dated 8-2-1974 marked Ex. 26 (sic) page 75 to 83 of the paper book), The validity of the order has been challenged on the ground that the Addi. Collector had no jurisdiction to entertain the revision petition filed by the non-petitioner No. 3 Shri. Satyadeo from the orders of the Gram Panchayat, Barwa dated IS 3 1973, 23 3 1972 and 30th March, 1973 marked Ex. 3 Ex. 7 and Ex 9 respectively.2. In order to appreciate the point canvassed before me, it would be proper to state a few relevant facts. On receiving a complaint from some villagers that the non-petitioners No. 2 aid 3, who are father and son have encroached upon a part of the public way, the Gram Panchayat, issued, a notice dated 16-3-72 to the non petitioner No. 2 to show cause why the encroachment be not removed, and fixed the case on March 18, 1972 The petitioner's case is that since th...


Mar 06 1975

The State Vs. Khet Singh and ors.

Court: Rajasthan

Decided on: Mar-06-1975

Reported in: 1975WLN(UC)69

M.L. Joshi, J.1. Accused Khetsingh, Seshkaran, Umedsingh and Mohan singh were tried by the Sessions Judge, Merta, under Section 302 I.P.C. or, in the alternative, under Section 302 read with Section 34 I.P.C. for the murder of Gordhan. Khetsingh was convicted of culpable homicide not amounting to murder under Section 304 Part I I.P.C. and toe remaining three accused under Section 304 Part I lead with Section 34 I.P.C. and each one of them was sentenced 10 undergo rigorous imprisonment for seven yean, and to pay a fine at Rs. 300/-. Disausufied with the order of the learned Sessions Judge, Merta, the accused have preferred an appeal challenging their conviction and sentence and me State have filed an appeal against the acquittal of toe accused for the offence under Section 302 or Section 302 read with Section 34 I.P.C. As both these appeals arise out of the same judgment, they are being deposed of together.2. The prosecution story m this case is to the effect that one Gordhan who was a ...


Mar 05 1975

Shrikishan Sayardevi Vs. the State Transport Appellate Tribunal and or ...

Court: Rajasthan

Decided on: Mar-05-1975

Reported in: AIR1976Raj164

ORDERD.P. Gupta, J. 1. The case was fixed for orders on stay application today, but on the requestof the learned counsel for the parties the main writ petition was taken up for hearing. 2. Heard learned counsel for the parties. 3. A temporary permit was granted to the respondent No. 3 on Ajmer-Pisangan via Pushkar, Nand, Picholia route by the Regional Transport Authority, Jaipur by its order dated December 24, 1974. A revision filed by the petitioner, who is the existing operator of the aforesaid route, before the State Transport Appellate Tribunal, Rajasthan, Jaipur was dismissed. In the present writ petition challenging the grant of the aforesaid temporary permit to the respondent No. 3, the learned counsel for the petitioner has submitted that the Transport Authorities did not come to the conclusion that there was a particular temporary need within the meaning of Section 62 of the Motor Vehicles Act (hereinafter referred to as 'The Act' and as such the grant of a temporary permit to...


Mar 03 1975

State of Rajasthan Vs. Ramrakh and ors.

Court: Rajasthan

Decided on: Mar-03-1975

Reported in: 1975WLN(UC)77

S.N. Modi, J.1. This is an appeal by the State against the order of acquittal parsed by the Sessions Judge, Bikaner in a case under Sections 302, 307, 302/140, 148 and 323/149 I.P.C. instituted against the six accused respondents.2. The incident relating to this case took place at about mid night en April 19, 1969, at Gopala Ram's dhani (house) situated mid-way between the village Jaisinghbdisa and village Pithasar, within the jurisdiction of the Police Station, Nokha. Gopala Ram's dhani consists of two verandahs, called as Bhanal and an open court-yard enclosed by walls. In front of of the court-yard there is a bada known as 'Bhanal' surrounded by thorn fencing. This dhani was being used as a famine relief camp which, started functioning fron April 10, 1969. It is alleged that accused respondent Ramrakh did not like the idea of opening the famine relief camp at Gopala Ram's dhani, He was eager to have this camp located in his village Jaisinghdisa.3. The prosecution case, as narrated i...


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