Rajasthan Court April 1982 Judgments
Mst. Sundari Vs. the State of Rajasthan
Court: Rajasthan
Decided on: Apr-22-1982
Reported in: 1982WLN(UC)110
Kanta Bhatnagar, J.1. This appeal is directed against the judgment passed by the learned Sessions Judge, Bhilwara dated March 24, 1975 by which in a trial for the offence Under Section 302 Indian Penal Code, the appellant Smt. Sundari was held guilty for the murder of her husband and sentenced to imprisonment for life for that offence.2. Briefly stated the facts of the case giving rise to the trial of the appellant and the present appeal are as under: Smt. Sundari was married to Banshilal, son of Mohan Brahmin, resident of Ratanpur seven or eight years prior to the alleged incident. The relations between the spouses were not cordial. Smt. Sundari was not staying with her husband even for a day or two whenever she was brought by him. On June 25, 1974 Smt. Sundari had gone to the field with her husband and both of them were taking bath at separate places. After sometime Smt. Sundari was seen dropping stones in the well by Chokha (P.W. 3) who was grazing his herd of camel on the nearby hi...
Tag this Judgment!Sukhdeo and ors. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Apr-22-1982
Reported in: 1982WLN(UC)128
S.C. Agrawal, J.1. Both these revision petitions raise common questions for determination and, therefore, they are being disposed of by this common order.2. Criminal Revision No. 155 of 1978 has been filed by Sukhdeo against the Judgment, dated May, 31, 1978, passed by the Sessions Judge, Bhilwara, in Criminal Appeal No. 255 of 1977, filed by the said petitioner against the decision of Munsif and Judicial Magistrate, Gulabpura, in Criminal Case No. 342 of 1976. In the aforesaid criminal case the said petitioner was prosecuted in respect of an offence under Section 7/16 of the Prevention of Food Adulteration Act, 1951 (hereinafter referred to as 'the Act') The case of the prosecution was that on December 10, 1975, Shri Shyamlal, (P.W. 1), Food Inspector of Gulabpura, checked the milk in the possession of the petitioner, which was stated to be cow and buffalo milk (mixed) which has been brought for sale to Gulabpura by the petitioner. The Food Inspector purchased 660 ml. of milk from the...
Tag this Judgment!Mangilal Vs. the State of Rajasthan
Court: Rajasthan
Decided on: Apr-22-1982
Reported in: 1982WLN(UC)139
Kanta Bhatanagar, J.1. Appellant Mangilal was tried for the charge under Section 302 I.P.C. by the Additional Sessions Judge, Udaipur. By the judgment dated 30th January, 1976, the learned trial Judge convicted the appellant for the aforesaid offence and sentenced him to imprisonment for life and a fine of Rs. 100/-; in default of payment of fine to further under go rigorous imprisonment for three months.2. The prosecution case stated, in brief, is as under: on 17-3-75 at about 5.0 P.M. there was quarrel between Smt. Anchi deceased and the wife and mother of appellant Mangilal outside the house of Mangilal in connection with some quarrel amongst the children. Smt. Kanku (P.W. 2), daughter-in-law of the deceased returning after the days' labour had reached there at that time. She, caught hold of her mother-in-law, the deceased, and took her inside her house. A little while thereafter, the appellant, went inside the house of the deceased with a dagger in his hand. He caught hold of her a...
Tag this Judgment!Ram Chandra Vs. the State of Rajasthan and ors.
Court: Rajasthan
Decided on: Apr-21-1982
Reported in: 1982WLN(UC)41
M.C. Jain, J.1. This writ petition can be disposed of on a short point.2. As per the petitioner's case the petitioner had a right to cultivate over 2 1/2 'bighas' land comprised in 'Aaraji' No. 837, 838 and 906, which was a 'mnuafi' land of one Ganesh Dholi. The petitioner sought permission for construction of a 'sarai' over this land from the Mewar Government. The Mewar Government there upon gave permission to the petitioner for construction of'sarai' subject to the condition that the 'sarai' would remain a public property and the State will have a right of supervisior. It was also directed by the Mewar Government that the 'Muafidar' be given some other land in lieu of the above 2 1/2 'bighas' land. The petitioner constructed the 'sarai' over the middle portion of the land in question leaving vacant space on either side of the 'sarai' on east and west. The petitioner averred certain facts with regard to the management and control over the 'sarai' and he further averred that all of a s...
Tag this Judgment!Kamra Bottling Company Vs. Asstt. Collector Central Excise and anr.
Court: Rajasthan
Decided on: Apr-20-1982
Reported in: 1987(27)ELT240(Raj)
K.D. Sharma, C.J.1. Heard Mr. L.R. Mehta, learned counsel for M/s. Kamra Bottling Company and Mr. J.P. Joshi, appearing on behalf of the respondent Nos. 1 and 2.2. In view of the following authorities cited before us by the learned counsel for the petitioner:-Parle Beverage (P) Ltd. v. Union of India - 1982 Excise Law Times (Bombay) 142. Poona Bottling Co. Ltd. v. Union of India - 1982 Excise Law Times (Delhi) 389. In re. Punjab Beverages Ltd. Chandigarh 1980 Excise Law Times (G.O.I.) 475. We are of the view that the registered letter marked (Annexure 7) dated April 8, 1981 sent by the Assistant Collector Customs and Central Excise, Bikaner to M/s. Kamra Bottling Company is liable to be quashed, because prior to February 28, 1982 the Petitioner Company cannot be considered as manufacturing Aerated Water for and on behalf of M/s. Campa Beverages (P) Ltd., merely because the petitioner Company had to abide by some of the basic conditions stipulated by M/s. Campa Beverages (P) Ltd., New D...
Tag this Judgment!Ram Chandra Sharma Advocate Vs. Bar Council of India
Court: Rajasthan
Decided on: Apr-17-1982
Reported in: 1982WLN347
G.M. Lodha, J.1. The elections of the Bar Council of Rajasthan are under fame and fire in this petition, where several allegations have been made arising from the plant of invalidity of Rule 4 and going to the extent of allegation of rigging of the entire elections. The writ petition had been admitted by this Court on 7th of April, 1982 while counting of the votes were in progress, having counted on the same day. An interim stay order was granted restraining the Respondents from declaring the results of the election but permitting them to go ahead with the counting the votes.2. The Bar Council of Rajasthan along with the Chairman of the Bar Council and the Secretary have filed the return and prayed that the ad interim stay order granted by this Court should be counted as that the process of the election can be completed and the results can be declared.3. Prolonged arguments were heard and in view of the agency and importance of the matter, the arguments have been completed today on a n...
Tag this Judgment!Radhey Shyam Vs. Smt. Prem Kanta and anr.
Court: Rajasthan
Decided on: Apr-16-1982
Reported in: 1982WLN81
N.M. Kasliwal, J. 1. This is a second appeal by the plaintiff in a suit for pre-emption.2. Brief facts leading to this appeal are that plaintiff filed a suit against the defendant No. 1 Smt. Prem Kanta, the vendee and Shri Abdul Gafoor, defendant No. 2, vendor in respect of house sold on 23rd December, 1964 for Rs. 1999/-. It was alleged that towards the West and North of the portions sold, is the portion of the plaintiff and therefore, according to the custom prevailing in Jaipur City, which has been well recognized by the Judicial Courts the plaintiff was entitled to the right of pre-emption being a cosharer of the property. The defendant No. 1, Smt. Prem Kanta, admitted the purchase of the property, but denied that the plaintiff was a co-sharer she further pleaded that the house of the plaintiff, if any, was adjoining to the disputed property and the right of pre-emption claimed on the ground of vicinage has bean held to be unconstitutional. The defendant No. 2 Abdul Gafoor also fil...
Tag this Judgment!Velji Vs. State of Rajasthan
Court: Rajasthan
Decided on: Apr-16-1982
Reported in: 1982WLN(UC)156
Kanta Bhatnagar, J.1. The petitioner was tried for the offence under section 7/16 of the Prevention of Food Adulteration Act, 1954 by the Chief Judicial Magistrate, Dungarpur and by the judgment dated 21st August, 1977 held guilty of that offence and sentenced to 1 year's rigorous imprisonment and a fine of Rs. 1000/-, in default of payment to further undergo 3 months' rigorous imprisonment. In appeal, the conviction was upheld but the substantive sentence was reduced to six months rigorous imprisonment and the sentence of fine to Rs. 500/- in default of to undergo one and half months' rigorous imprisonment, by the Sessions Judge, Dungarpur by the judgment dated 9-5-76. It is in grievance against his conviction and sentence that the petitioner has preferred this revision petition in this Court.2. Learned Counsel for the petitioner confined his argument to the point that the mandatory provisions of Rule 9 (j) of the Prevention of Food Adulteration Rules (for short 'the Rules') have not ...
Tag this Judgment!Shesh Mal and ors. Vs. Harak Chand and ors.
Court: Rajasthan
Decided on: Apr-15-1982
Reported in: AIR1983Raj109
Dwarka Prasad, J.1. This second appeal arises out of a suit for possession, which has been dismissed by both the courts below.2. It is no longer in dispute that the house property, which is subject matter of litigation between the parties belonged to the joint Hindu family of Sheshmal. It has been mentioned in the plaint that the said house situated in village Devria, Tehsil Jetaran in the District of Pali, was the ancestral house of the plaintiffs. According to the plaintiffs themselves Sheshmal migrated to Maharashtra and started residing in village Chandai in District Aurangabad, in the State of Maharashtra. The plaintiff's case is that the house in dispute was lying vacant, but five years prior to the institution of the suit the defendants, who were related to the plaintiffs as they came from the same stock, unlawfully entered the disputed house and occupied the same without any right. Thereafter, the defendant-respondents also obtained a patta in respect of the disputed house from...
Tag this Judgment!Nagji Vs. the State of Rajasthan
Court: Rajasthan
Decided on: Apr-14-1982
Reported in: 1982WLN(UC)101
Kanta Bhatnagar, J.1. Appellant Nagji was tried for the offence under Section 302 Indian Penal Code by the Sessions Judge, Partapgarh and by the judgment dated August 28, 1976 convicted for that offence and sentenced to imprisonment for life and a fine of Rs. 200/-, in default of payment of fine to undergo two months rigorous imprisonment.2. Briefly stated the prosecution case leading to the trial und conviction of the appellant is as under: On July 9, 1975 early in the morning Gautam (P.W. 1) brother of the appellant Nagji, whose houses are adjacent to each other, came out of his house to make water. Appellant Nagji enquired as who was there and on Gautam telling him that it was he, the former cried that his wife had died. Gautam asked him as to how that had happened. Nagji told him that he bad done away with her. On being questioned as to for what reason he had done so, Nagji told that he had done so in connection with the ornaments. Gautam (P.W. 1) immediately rushed to his father-i...
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