Rajasthan Court February 1977 Judgments
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Nazir and anr. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Feb-04-1977
Reported in: 1977WLN(UC)179
R. Sachar, J.1. This is an appeal against the judgment of the learned Sessions Judge, Jaipur City dated 27-4-71 by which he convicted the appellants under Section 302 read with Section 34 IPC and sentenced both of them to rigorous imprisonment for life and also a fine of Rs. 500/- each, and in default of payment of fine to further undergo rigorous imprisonment for six months.2. The prosecution story in brief is that on 15-1-71 the deceased Kaus har Hussain was flying kites on the roof of Atish Market, Jaipur. His brother Mohammed Hussain PW 3 and Riyat Ali PW 7 were with him. It was further alleged that the accused came to the roof and they were also snatching the kites. They wanted Kaushar Hussain to go away but Kaushar refused and thereupon the appellants are said to have given beating and they also struck head of Kaushar with the result that the deceased fell down and became Unconscious. He was thereafter taken to the hospital where he died next day. The First Information Report was...
Chaina Ram Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Feb-03-1977
Reported in: 1977WLN(UC)31
A.P. Sen, J.1. The petitioner who-was a Bus Conductor in the Rajasthan Roadways Corporation, was charge-sheeted by the Divisional Manager, Jodhpur on a charge of misconduct viz., for carrying 14 ticketless passengers under Standing Orders framed by the Corporation. As a result of the Depart mental Enquiry held against him, the Enquiry Officer by his report dated 18-7-1976 found the petitioner guilty of the charge levelled against him. The Divisional Manager, Jodhpur who was the competent authority as per his order dated 28-8-1976, accordingly terminated his services. The petitioner instead of availing the remedy of an appeal under Standing Order 35(ix) has straightaway filed this writ petition.2. During the pendency of the proceedings, Article 226 of the Constitution, as amended by the Constitution (Forty-Second Amendment) Act, 1976, Has come into force from the appointed day i.e. w.e.f. 1-2-1977. Section 58(1) of the Act provides that, notwithstanding anything contained in the Constit...
Prabhu Vs. State of Rajasthan
Court: Rajasthan
Decided on: Feb-03-1977
Reported in: 1977WLN563
K.D. Sharma, J.1. This appeal by Prabhu is directed against the judgment of the Additional Sessions Judge, Gangapur City, dated September 28, 1972, by which the appellant was convicted under Section 304 Part II I.P.C. and sentenced to undergo rigorous imprisonment for two years.2. The prosecution case against the appellant was that on June 13, 1972, at about 2 pan Jeet Ram and his father Lohdey potters, left their village for their klin to make earthenware pots. At that time, Maluka approached them and asked them not to use the klin, as the former would cover it with kelus. Thereupon, Lohdey replied that the klin was meant for his use and that he would expose his earthen pots there to file. Maluka resented the above reply and went towards the village faying that he would teach Lohdey a lesson. After a short while, Maluka returned to the place for making earthenware vessels along with Ramjilal, Prabhu appellant, Badri and Bheru. Maluka and his companions were armed with lathis. As soon ...
Jialal Kapoor Vs. Union of India (Uoi) and ors.
Court: Rajasthan
Decided on: Feb-02-1977
Reported in: 1977WLN61
A.P. Sen, J.1. This special appeal is directed against the judgment of D.P. Gupta J., dated 10-5-1974 raising a question as to whether the appellant whose services as Chief Mining Engineering in Zavar Mines, Udaipur were terminated by the Board of Directors of the Hindustan Zinc Limited, a Government company incorporated under the provisions of the Companies Act, 1956, was entitled to a writ, direction or order under Article 226 of the Constitution. That depends on whether the Hindusthan Zinc Limited (which will hereinafter be referred to as the Government company') was a statutory body. The learned Single Judge dismissed the writ petition in limine holding that the Government company was neither a statutory body, nor was a public duty imposed on it by a Statute in respect of which enforcement could be sought by means of a writ of mandamus, nor was there, in its employees, any corresponding right for the enforcement of any such statutory or public duty and, therefore, no petition for t...
Jabar Chand JaIn Vs. Firm Mangalchand Champalal
Court: Rajasthan
Decided on: Feb-01-1977
Reported in: 1977WLN(UC)58
M.L. Shrimal, J.1. This revision petition under Section 115, C.P.C. filed by Jabarchand Jain (defendant in original suit No. 311 of 1972) is directed against the order of the Munsiff, Beawar dated January 27, 1975 whereby he dismissed the application dated January 22, 1975 filed by the petitioner praying to implead M/s Mangalchand Champalal & Co., Beawar as defendant.2. The facts giving rise to this revision petition are that the plaintiff-non-petitioner, a registered partnership firm, Seth Mangalchand Champalal instituted a suit against the petitioner for an amount of Rs. 2330.70 paisa in the court of Munsiff, Beawar on October 12, 1972. The aforesaid amount consisted of Rs. 1950/- cash loan advanced to the petitioner on Match 8, 1971 by the non petitioner and the amount of interest, Rs. 373.10 paisa at the rate of Re. 1/- % from March 8, 1971 to October 12, 1972 and notice expenses; Rs. 7.60 paisa. The defendant contested the suit and raised a number of pleas. His case before the tri...
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