Rajasthan Court September 1976 Judgments
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Sawai Ram and anr. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Sep-16-1976
Reported in: 1976WLN(UC)430
R.L. Gupta, J.1. Sawal Singh and Ram Prasad petitioners have preferred this revision against the judgment passed by the learned Sessions Judge, Bhilwara on 20.4.1972 in Cr. appeal No. 22 of 1972. Convicting each of the petitioners under Sections 147, and 448 and 313 IPC and sentencing them to undergo two months' rigorous imprisonment on each count and the sentences were ordered to run concurrently.2. The learned Counsel for the petitioners has urged that if he enters In to the question of merits of the prosecution case be would submit that there is no substance in the prosecution case at all. But at this stage instead of arguing on the merits he bad only prayed that the alleged occurrence being of 27.7.1967 and that the alleged scuffle took place on very trifle matter, the injuries received are very sin pie mostly abrasions on the body of Balu and Sukhdeo and that the accused are not habitual offenders, that during this period no other offence has been alleged to have been formatted by...
Virender Narang Vs. Smt. Beena
Court: Rajasthan
Decided on: Sep-16-1976
Reported in: 1976WLN(UC)413
S.N. Modi, J.1. This is a civil miscellaneous appeal by husband Virendra Narang under Section 28 of the Hindu Marriage Act, 1955 (hereinafter to be referred as 'the Act'); against the order of the District Judge, Jaipur City, dated August 27, 1975.2. Broadly stated, the facts of the case are that the marriage between the parties took place on June 17, 1965 in accordance with the Hindu rites and customs.3. The appellant moved an application under Section 13(1)(ii) of the Act, alleging that since the respondent has charged her religion to Christianity, a decree for divorce by dissolution of marriage be passed in his favour. This application has been contested by the respondent. She denied having changed her religion to Christianity. She also alleged that she was still a firm believer in Hinduism.4. On the pleadings of the parties, the following issues were framed-(1) Whether the non-petitioner has changed her religion on 23.4.69 and became Christian? If so, what is its effect?(2) Relief?...
Pyarasingh Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Sep-08-1976
Reported in: 1976WLN729
V.P. Tyagi, Actg. C.J.1. Both these matters namely, D.B. Criminal Appeal No. 310 of 1974 Pyara Singh v. State filed by accused Pyara Singh and D.B. Criminal Revision No. 362 of 1974 filed by the complainant arise out of the judgment of the learned Sessions Judge, Sri Ganganagar dated 23rd April, 1974. Appellate Pyara Singh has been convicted for an offence under Section 302 I.P.C. and sentenced to imprisonment for life. The complainant's revision has been filed wish a prayer that in the circumstances of this case the sentence of imprisonment for life awarded to Pyara Singh is not an adequate sentence and, therefore, it should be enhanced to the penalty of death. Notice of this revision was served on the appellant. We propose to dispose of these two matters by a common judgment.2. Pishora Singh and Pyara Singh belonged to one family and it is not disputed that those two families were not on good terms. They were residents of village 18 P.S. in the district of Sri Ganganagar. On April 20...
C.P. Massey Vs. Hira Chand
Court: Rajasthan
Decided on: Sep-07-1976
Reported in: 1976WLN(UC)415
S.N. Modi, J.1. This is a defendant-tenant's second appeal in a suit for eviction and arrears of rent against the judgment and decree passed by the Additional Civil Judge, Ajmer, dated March 13, 1973.2. The plaintiff-respondent sought eviction of the defendant tenant-appellant on three grounds; (1) that the defendant has committed default in payment of rent; (2) that the defendant has not been residing in the suit premises for more than six months preceding the suit; and (3) that the defendant acquired suitable house in Ajmer district.3. It appears that during the pendency of the suit, the defendant did not comply with the provisions of Section 13(4) of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (hereinafter referred to as 'the Act'), and therefore the Court on September 6, 1971. struck out the defence of the defendant the trial court decreed the suit on the ground that the defendant bad committed default in payment of rent. In further held that the defendant did n...
Ramji Lal Vs. State of Rajasthan
Court: Rajasthan
Decided on: Sep-06-1976
Reported in: 1976WLN(UC)433
K.D. Sharma, J.1. This is an application in revision filed by Ramji Lal convict against the judgment of the Additional Sessions Judge No. 2, Alwar, dated 2nd June, 1976 by which the petitioner's conviction and sentence under Section 7 read with Section 16 of the Prevention of Food Adulteration Act, 1954, hereinafter referred to as the Act, was confirmed and maintained. The petitioner was tried and found guilty of the aforesaid effence by the Chief Judicial Magistrate, Alwar, on 8th February, 1975. The Chief Judicial Magistrate Alwar, awarded the minimum sentence of 6 month's simple imprisonment and a fine of Rs. 1000/., to the petitioner and further ordered that in default of payment on tine the petitioner shall undergo simple imprisonment for two months; Aggrieved by his conviction and sentence, the petitioner filed an appeal in the court of the Sessions Judge, Alwar, where-from it was transferred to the Additional Sessions judge No. 2, who dismissed it on 2nd June, 1976, as stated ab...
Niyamat Khan Vs. Gaffar Khan
Court: Rajasthan
Decided on: Sep-01-1976
Reported in: 1976WLN(UC)428
M.L. Jain, J.1. Complainant Nivamat Khan has filed this appeal against the acquittal of the respondent Gaffar Khan of the offences under Sections 497 and 498 I.P.C. directed by the learned Munsif Magistrate First Class, Ajmer City on June 30, 1972.2. I have beard arguments and perused the record. The prosecution case was that Mst. Bashiran was the wife of the complainant Niyamat Khan. The accused enticed her away on 7-11-67 along with cash and ornaments, Niyamat Khan lodged a complaint under Section 380 and 498 I.P.C. but only a charge under Section 498 was framed of which the accused was acquitted on 30.4.59, because it was frond that Mst. Bashiran was turned out of the house by the complainant and was living with her brother in-law The complainant filed another complaint on 11.4.67 under Section 497 and 498 I.P.C. against the accused alleging that the accused bas detained Mst. Bashiran with the intent that he may have sexual intercourse with her She was shown as the wife of the accus...
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