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Rajasthan Court December 1978 Judgments

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Dec 01 1978

Murlidhar Joshi Vs. State of Rajasthan and anr.

Court: Rajasthan

Decided on: Dec-01-1978

Reported in: 1978WLN(UC)370

S.C. Agrawal, J.1. In this petition filed under Articles 226 and 227 of the Constitution, the petitioner, Murlidhar Joshi, seeks to challenge the order dated 10th June, 1957, whereby the petitioner was retired compulsorily from service with effect from 1st July 1975 under Rule 244(2) of the Rajasthan Service Rules ('here in after referred to as 'the Rules').2. The petitioner joined Government service on 6th February, 1947 as Constable in the Police department of the erstwhile State of Jodhpur. On 10th August, 1949, the petitioner was promoted to the post of Head Constable. By order dated 24th March 4953, he was confirmed on the post of Head Constable with effect from 15th January, 1953. By order dated 10th June 1975, the petitioner was ordered to be compulsorily retired from service with effect from 1st July, 1975 fore noon. In the said order it was mentioned that the petitioner would be entitled to 3 months' salary in lieu of notice period as provided in the Rules. Aggrieved by the af...


Dec 01 1978

Gyan Chand Vs. Sardar Khan

Court: Rajasthan

Decided on: Dec-01-1978

Reported in: 1978WLN(UC)430

Kanta Bhatnagar, J.1. Being aggrieved by the judgment passed by the learned Addintional Munsiff and Judical Magistrate, Merta date November 20, 1975 the complaintant has preferred this appeal. By that judgment the learned Magistrate acquitted the accused for the offence under Section 420, Indian Penal Code.2. Briefly state the prosecution case is that accused Sardar Khan was under a debt of Rs. 10,000/. to one Finn Nathmal Bhanwarlal. The complainant Gyanchand is the son of Nathmal and brother of Bhanwarlal Cyan Chand is said to have asked Sardar Khan to settle the account c that firm and Sardar Khan by way of settlement of the debt sold his four field to Smt. Pushpa wile of the complainant Cyan Chand. That it was later on discovered that cut of the four fields one had already been sold to one Mangla Gyanchand alleging himself to be the special power of attorney holder of his wife Smt. Pushpa lodged the complaint and a case Under Section 420, Indian Penal Cede was registered against th...


Dec 01 1978

Dwarkalal Vs. State of Rajasthan

Court: Rajasthan

Decided on: Dec-01-1978

Reported in: 1978WLN(UC)445

M.L. Joshi, Actg. C.J.1. The accused-petitioner was prosecuted for offence under Section 4 read with Section 9 of the Opium Act and was sentenced to 2 years rigorous imprisonment and a fine of Rs. 500/-, in default of payment of fine, further rigorous imprisonment of 4 months by the Munsiff, cum-Judicial Magistrate, Aklera. On ah appeal being filed against this judgment before the Additional Sessions Judge, Jhalawar the learned Additional Sessions Judge upheld the order of conviction passed by the Munsif-cum-Judicial Magistrate, Aklera, by his judgment dated January 9,1975. It is against this judgment that the accused petitioner has come in revisions before this Court.2. The learned Counsel for the petitioner does not challenge the order of conviction before me. He, however, submits that in the facts and circumstances of this case, the sentence awarded deserves to be reduced. It is submitted by him that the incident relates back to April 1972 and the fear of prosecution has been hangin...


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