Rajasthan Court September 1975 Judgments
Lallu and ors. Vs. the State
Court: Rajasthan
Decided on: Sep-30-1975
Reported in: 1975WLN(UC)395
M.L. Jain, J.1. This is an appeal against the judgment of the learned Additional Sessions Judge No. 2. Sriganganagar dated May 8, 1971, by which he convicted and sentenced the appellants as follows:1. under Section 395 of the Indian Penal Code, to one month rigorous imprisonment and to a fine of Rs. 500/. in default where of to further rigorous imprisonment for one month;2. under Section 353 of the Indian Penal Code, to further rigorous imprisonment for 15 days.Both the sentences were directed to run concurrently. I have heard arguments and perused the record.2. Briefly stated, the prosecution case was that when any movement of food grains within ten miles of the border of Rajasthan was prohibited, four person, namely, Panjabsingh, Harnamsingh Magarsingh & Meghasingh were found, on 25-1-67 by Patwari Hanumandas PW. 2 carrying, gram in four carts within the prohibited area without proper permission. He informed the Tehsildar Bhaironsingh Paowar PW. 9 who accompanied by Assistant Sub Ins...
Tag this Judgment!State Vs. Saddiq
Court: Rajasthan
Decided on: Sep-30-1975
Reported in: 1975WLN(UC)370
M.L. Jain, J.1. This is an appeal by the State against the judgment of the learned Munsif Magistrate Deedwana dated 31-3-1971 by which he acquitted accused Saddiq of the offences under Sections 324 and 323, IPC.2. I have heard the arguments and seen the record. No one has appeared on behalf of the accused respondent.3. On 24-9-68 one Mst. Suvti lodged a report Ex. P1 in the police station Deedwana that on 23-9-67 while her son Danaram was cutting grass in their field in village Nimbi within the police station of Deedwana accused Saddiq son of Madari came and began to beat Dinaram. When Ramdev intercepted, Saddiq gave a 'kaser' blow to him Hearing the cries of Ramdev his mother Mst. Kesar rushed to his help but she was also beaten back by Saddiq with the wooden handle of his 'kaser'. They could be rescued only when one Sarwan from the neighbourhood came on the scene and challenged the accused. Accused Saddiq left his 'kassi' at the scene of occurrence. Mst. Suvti also got both Ramdev an...
Tag this Judgment!Municipal Board, Vanechand Sagarmal and 24 ors. Vs. State of Rajasthan ...
Court: Rajasthan
Decided on: Sep-29-1975
Reported in: 1975(8)WLN530
P.N. Shinghal, C.J.1. These two special appeals are directed against the judgment of a learned Single Judge dated April 21, 1976 by which the writ petitions filed by the ret pendent Municipal Board of Sheoganj, hereinafter referred to as 'the Board', has been allowed, notification Ex. 19 of the State Government dated February 22, 1975, its telegram Ex. 2 dated January 15, 1974 and its letter Ex. 5 dated January 6, 1975 have been quashed, and the State Government and its concerned Officers have been restrained from interfering with the Board's right to levy octroi in accordance with law and in pursuance of notification Ex. 1 dated April 5, 1973. While appeal No. 66 of 1975 has been filed by the interveners, appeal No. 130 of 1975 has been filed by the State Government, is department and Officer.2. It is not in dispute that the State Government issued notification Ex. 1 dated April 5, 1973 under Section 104 of the Rajasthan Municipalities Act, 1959, hereinafter referred to as 'as Act', w...
Tag this Judgment!D.N. Bandopadhyaya Vs. Union of India (Uoi) and ors.
Court: Rajasthan
Decided on: Sep-25-1975
Reported in: AIR1976Raj83; 1975()WLN551
V.P. Tyagi, J.1. This appeal has been filed by plaintiff D.N. Bandopadhyaya challenging the correctness of the judgment of the District Judge, Kota dated 20th April, 1973 dismissing plaintiff's suit for malicious prosecution claiming damages from the respondent to the extent of Rs. 10,868/-.2. The facts giving rise to this litigation may be summarised, in a nut-shell as follows:On 7th March, 1965 the plaintiff was posted as Permanent Way Inspector, Western Railway at Bayana. A wagon of the goods train No. 502 Up derailed between Dumariya and Bayana stations which fell within the jurisdiction of the plaintiff. The Divisional Superintendent Kota instituted an enquiry to find out the cause of the accident and appointed a committee for that purpose. The committee could not place the responsibility of this accident on any of the officers but the Divisional Superintendent Kota did not agree with the opinion of the enquiry committee and directed it to reassemble and findout by a process of el...
Tag this Judgment!Janmad and ors. Vs. the State of Rajasthan
Court: Rajasthan
Decided on: Sep-24-1975
Reported in: 1975WLN(UC)397
C.M. Lodha, J.1. The thirteen appellants were tried by the Additional Sessions Judge, Gangapur city for offences under Section 302 read with Section 149 IPC and also under Sections 147, 447 and 148 IPC They have been convicted and sentenced as below:Convicted --and-- Sentenced to (i) Under Section 302 r/w Section 149 IPC -- imprisonment for life(ii) Under Section 147 IPC -- One year's R.I.(iii) Under Section 447 IPC -- Two months' R.I.They were, however, acquitted under Section 148 IPC.2. The case against the accused is that there was a dispute between them and the deceased Parsadi regarding a field situate, in the precincts of Village Patpari Police Station Keladevi and admittedly litigation was pending between the parties in respect of this field It is alleged that the accused claimed a right of way through the field in question, where as the deceased Parsadi took possession of the same and cultivated is. According to the prosecution on 19th July 71. Parsadi went to the field accompa...
Tag this Judgment!Smt. Kalsum Banoo Vs. Gautam Asbestos Cement Products and 2 ors.
Court: Rajasthan
Decided on: Sep-23-1975
Reported in: 1975WLN(UC)408
V.P. Tyagi, J.1. This appeal of Smt. Kalsum Banoo directed against the judgment and the decree of the Additional District Judge, Ajmer is dated 24th January, 1975 rejecting the appellant's application alleged to have made under Section 33 of the Arbitration Act of 1940.2. The facts giving rise to this litigation may be summarised in a nut-shell as follows: Mr. P.P. Gandhi is alleged to have been appointed by an agreement between the appellant and the respondents as arbitrator us adjudicate the dispute between the parties. It is alleged that Shri Gandhi give his award. The award was then filed in the court of the District judge, Ajmer under Section 14 of the Arbitration Act on 8th January, 1974. A notice under Sub-section (2) of Section 14 was then issued to Smt. Kalsum Banoo by the court which according to the respondent was served on Smt. Kalsum Banoo appellant on 2nd February, 1974. The counsel of the appellant then put in his appearance on behalf of the appellant before the District...
Tag this Judgment!Employees' State Insurance Corporation Vs. N.K. Sondhi and Ors.
Court: Rajasthan
Decided on: Sep-17-1975
Reported in: (1976)IILLJ20Raj; 1975()WLN667
V.P. Tyagi, J.1 .The Employees' State Insurance Corpotion has filed this appeal against the judgment of the Additional District Judge, Ganganagar. dated 15-11-1972 dismissing the claim of the appellant for the reimbursement of the permanent disablement benefit given to Surjan Singh, who was a workman of the Sadul Textiles Ltd., Sri Ganganagar.2. Surjan Singh was working on loom No. 354 in the mill owned by the respondent No. 3 Shri Sadul Textiles Ltd. Sri Ganganagar on 24-2-1967. It is alleged that the iron bangle of Surjan Singh got entangled with the screw of the shaft when he was trying to lift the weft pin resulting in an accident which caused compound fracture in the forearm of Surjan Singh. A report of the accident was immediately made by Shri N.K. Sondhi, Factory Manager.3. The plaintiff-Corporation convened a medical board to examine Surjan Singh and it was discovered that Surjan Singh had sustained 45% loss in his working capacity under Section 51 of the Employees' State Insur...
Tag this Judgment!HussaIn Khan Vs. the State of Rajasthan
Court: Rajasthan
Decided on: Sep-16-1975
Reported in: 1976CriLJ821; 1975()WLN585
C.M. Lodha, J.1. The appellant Hussain Khan has been convicted under Section 302 I. P.C. and sentenced to imprisonment for life by the Sessions Judge, Bikaner, by his judgment dated 11th September, 1971, and hence he has filed this appeal.2. The prosecution case is that the accused Hussain Khan divorced his first wife who renamed the brother of the deceased Gamu. The accused took a second wife but fhs wed to live with Hazi Fallu, father of the accused and the accused suspected that the deceased Gam a was instrumental in Keeping his wife away from him. This is said to be motive of the crime. It is alleged tha' m 17th January, 197.1. the accused went to the hut of Hakeem situated in Chak 6 B. D. and asked PW/8 Baldeo Singh who was then in- occupation of Hakeem's hut, to bring Gamu who was living in the same locality. Baldeosingh went to Gamu's house but since Gamu was not there, he could not bring him. Hussain Khan took his meals with Baldeosingh and stayed with him that night. Hussain K...
Tag this Judgment!Sita Ram Vs. the State
Court: Rajasthan
Decided on: Sep-11-1975
Reported in: 1975WLN(UC)347
P.D. Kudal, J.1. This is a criminal revision against the order of the learned Addl Sessions Judge. Kota dated 8-2-1972. The accused was tried the learned 278 and 304A, IPC by the learned Additional Munsiff Magistrate, No. 4 Kota and was Sentenced to six months rigorous imprisonment for the offence under Section 279 IPC & one year's rigorous Imprisonment with a fine of Rs. 300 for under the offence Section 304A, IPC, in default of payment of fine he Rs. 300 for to undergo further simple imprisonment for two month The substantive sentences were orderd to run concurrently.2. The prosecution case is that on 13/3/1962 at about 6.30 P.M the accused was driving the truck RJR No. 3123. The truck was coming from Jhalawar side. One Ram Chandra and his son. aged 6 years, was standing on the one side of the road in expectation of a bus. The mother of Latur was standing on the other side of the road. The child Latue tried to cross the road, and while doing so. he was run down by the truck resulting...
Tag this Judgment!J.N. Kacker Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Sep-09-1975
Reported in: 1975(8)WLN472
D.P. Gupta, J.1. This case raises a very short point for determination, namely as to whether the case of the petitioner for absorption on the post of Assistant Mining Engineer (Survey) is covered by the provisions of Sub-rule (1)(b) of Rule 11 or Sub-rule (4) of Rule 11 of the Rajasthan Civil Services Absorption of Surpuls Personnel Rules, 1969 (hereinafter to be referred as 'the Rules').2. The facts giving rise to this petition may be briefly stated. The petitioner; Shri Kacker was appointed as an Assistant Mining Engineer (Survey) in a temporary capacity for a period of six months by the order of the State Govt date June 19,1964. Thereafter the period of his temporary appointment was extended. While the petitioner was working as such the post of Assistant Manes Manager, Palana Colliery, Palana (Rajasthan) was advertised and a S lee ion Committee was constituted by the State Government for selecting a candidate for appointment to the aforesaid post. It my by mentioned here that the Pa...
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