Rajasthan Court July 1983 Judgments
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Gangaram Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jul-14-1983
Reported in: 1983WLN356
S.S. Vyas, J.1. This is a jail appeal by the accused Gangaram against the judgment of the learned Sessions Judge, No. I, Jodhpur dated March 8, 1983 convicting him under Sections 326 and 450, IPC and sentencing him to 2 1/2 years' R.I. with a fine of Rs. 100/-, in default of payment of fine to undergo further RI for 15 days, under each count Substantive sentences were directed to run concurrently, while those in default of payment of fine consecutively.2. Briefly stated the prosecution case is that PW. 9 Reshma, the injured victim in the case, is a dancing girl by profession. Earlier before 5 years of the occurrence, she carried on her profession at Muradabad in U.P. The accused visited her there one or twice. Later on, nearly an year ago, she; shifted to Jodhpur and was living in a room situate at first floor. At about 11 p.m. on 30.10.81, the accused came to her room offered some money and asked for her services. She declined the offer and refused to oblige him. The accused caught in...
Ganga Ram Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jul-14-1983
Reported in: 1983WLN335
S.S. Vyas, J.1. This is a jail appeal by accused Gangaram against the judgment of the learned Sessions Judge (1) Jodhpur dated March 8, 1983 convicting the appellant under Sections 326 and 450, I.P.C. and sentencing him 2 1/2 years' rigorous imprisonment with a fine of Rs. 100/-, in default of payment to further undergo 15 days like imprisonment under each count. Substantive sentences were directed to run concurrently, while those in default of payment of fine, consecutively.,2. Briefly, stated the prosecution case is that PW 9 Reshma the injured victim in the case is a dancing girl by profession. Earlier before 5 years of the occurrence, she carried on with her profession at Muradabad in U.P. The accused visited her there once or twice. Later on, nearly a year ago, she shifted to Jodhpur and was living in a room situate in the first floor. At about 11 p.m. on 30.10.81, the accused entered her room, offered some money and asked for her services. She declined the offer and refused to ob...
Bhawani Singh Vs. Controller of Estate Duty
Court: Rajasthan
Decided on: Jul-13-1983
Reported in: (1983)36CTR(Raj)320; [1984]147ITR29(Raj)
G.M. Lodha, J.1. This is a reference-under Section 64(1) of the E.D. Act, 1953 (hereinafter referred to as 'the Act').2. It would be convenient to first mention the facts leading to this reference. One Thakur Idan Singh of Pal breathed his last on March 27, 1959. He left surviving his two widows and three sons including Bhawani Singh, the accountable person in this case.3. The deceased was the jagirdar of Thikana Pal, Degai and Kuchi in the erstwhile State of Marwar (Jodhpur), which now forms part of the State of Rajasthan. The family of the deceased was governed by the Mitakshara School of Hindu Law.4. The deceased became the sole owner of the said villages, having succeeded to the same according to the law of primogeniture applicable to the case. After the formation of Rajasthan, the jagirs were resumed on September 12, 1956. This led to the grant of compensation. The accountable person declared the value of compensation consequent on resumption of jagirs as Rs. 1,13,502 at 80%, bein...
Krishanlal and anr. Vs. the State of Rajasthan and ors.
Court: Rajasthan
Decided on: Jul-13-1983
Reported in: 1983WLN(UC)168
Lodha, J.1. The special appeal is directed against the order of a learned single Judge in S.B. Civil Writ Petition No. 2292/82 dated 5.5.83.2. The dispute relates to the construction of bus stand and it appears that the appellant who was petitioner in the writ petition, objected to it. The Sub-Divisional Officer was moved and exercising powers Under Section 285 of the Rajasthan Municipalities, 1959 (here in after referred to as 'the Act of 1959'), the Sub-Divisional Officer passed an order staying the construction. After this order was passed staying the constuction, it appears that the Sub-Divisional Officer did not make a reference to the State Government but later on by a subsequent order recalled the order of stay. This order of recall was challenged before the Single Bench.3. Before the Single Bench when the case was taken up, it appears that both the parties did not elaborately argue the points involved in respect of the jurisdiction of the Sub-Divisional Officer in passing Annex...
Dev Ram Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jul-11-1983
Reported in: 1983WLN(UC)138
S.S. Vyas, J.1. This is a jail appeal by the accused Dev Ram against the judgment dated January 29, 1982 of the learned Sessions Judge, Doongarpur convicting and sentencing the accused-appellant as under: Sections Sentences Awarded 394 IPC 3 years' RI 324 IPC 1 year's RI 323 IPC 6 months' RIAll the sentences were made to run concurrently.2. Breifly stated the prosecution case is that at about 10 a.m. on 13.8.81, PW 1 Smt. Basanti was working in her field in village Sabala District Doongarpur. PW 5 Smt. Devki and one Smt. Kunkubai Came there. The accused came there and helped PW.1 Smt. Basanti in putting the grass heap on her head (of PW 1 Smt. Basanti). He thereafter went away. Smt. Basanti left the field to go to her house. When she had hardly covered some distance, the accused came from behind and gave a push to PW 1 Smt. Basanti. The grass heap fell down. The accused also fell down Smt. Basanti on the ground. He thereafter inflicted a number of injuries on the person of Smt. Basanti...
Chela Ram Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jul-06-1983
Reported in: 1984CriLJ1143; 1983WLN(UC)135
ORDERK.D. Sharma, C.J.1. This is an application in revision filed by Chela Ram against the judgment of the Sessions Judge, Jalore, dated 18.9.1978. upholding his conviction and sentences under Section 4(2) of the Rajasthan Prohibition Act, 1969, (hereinafter referred to as 'the Act').2. It will not be out of place to mention that Chela Ram. was prosecuted along with his wife under Section 4(2). of the Act, in the court of Munsif and Judicial Magistrate. Sanchora. The learned Judicial Magistrate convicted Chela Ram and his wife of the said offence and sentenced each of them to undergo rigorous imprisonment for one year and to pay a fine of Rs. 1.000/-. In default of payment of fine to further suffer simple imprisonment for five months. Aggrieved by their conviction, and sentence. Chela Ram and his wife preferred an appeal in the Court of Sessions Judge, Jalore. The learned Sessions Judge, dismissed the appeal of Chela Ram and partly accepted the appeal of his wife and while maintaining ...
Shyo Ram Vs. the State of Rajasthan
Court: Rajasthan
Decided on: Jul-05-1983
Reported in: 1983WLN(UC)150
Kalyan Dutt Sharma, C.J.1. This is an application in revision filed by Shyo Ram petitioner, against the judgment of the Sessions Judge, Churu, dated 18-9-1978 dismissing his appeal against the judgment of Munsif and Judicial Magistrate, First Class, Churu, dated 9-3-1978 by which hewas convicted under Section 4(2) of the Rajasthan Prohibition Act and sentenced to undergo simple imprisonment for six months and to pay a fine of Rs. 300/-in default of payment of fine to further suffer simple imprisonment for one month.2. The prosecution case against the petitioner was that A.S I. Amin Khan accompanied by several constables was petrolling the area of Rajgarh Town on 11-10-76. In the course of petrolling the ana, he received credible information that one person was selling liquor in Mohalla Ludibas. Upon receiving the above information, Amin Khan and his party reached Ludibas and saw Shyo Ram, petitioner, sitting near the 'Dhani' of Heera Ram Regar having a rubber bladder in a bag very clos...
Smt. Mohan Kanwar and ors. Vs. the Board of Revenue and ors.
Court: Rajasthan
Decided on: Jul-05-1983
Reported in: 1983WLN(UC)131
Dwarka Prasad Gupta, J.1. This writ petition has been filed against the order passed by the Board of Revenue for Rajasthan at Ajmer dated December 13, 1973, dismissing the second appeal preferred by Dulhesingh before it, on the ground that the appeal had abated as a whole.2. Some facts may be narrated here in order to appreciate the circumstances in which the question of abatement arose before the Board the Revenue. Dulhesingh filed a suit for ejectment in the court of Assistant Collector, Udaipur, against Khumansingh, Aksheysingh, minor son of Khumansingh, Shokatali and 15 other persons, alleging that the plaintiff was the Khatedar tenant of the lands in dispute and that he was dispossessed of the said lands by the defendant No. 1 with the help of his agents defendants No. 1 to 5 and that defendants No.6 to 16 were in unlawful possession of the disputed lands with the consent and connivance of defendant No. 1. It was further alleged by the plaintiff that the fields mentioned at Nos. 1...
The Rajasthan State Road Transport Corporation Vs. the State Transport ...
Court: Rajasthan
Decided on: Jul-05-1983
Reported in: 1983WLN(UC)184
S.K. Mal Lodha, J.1. These six appeals under Section 18 of the Rajasthan High Court Ordinance, 1959 are directed against the order dated April 14, 1981 of the learned single Judge by which he dismissed six writ petitions.2. As these appeals were heard together and common questions are involved, we consider it proper to dispose them of by a common judgment.3. The facts leading to filing of these writ petitions by the Rajasthan State Road Transport Corporation, Jaipur (for short 'the Corporation') have been stated in detail in the judgment rendered in Bharat Transport Cooperative Society Ltd v. State of Rajasthan and Other, (D.B. Civil Special Appeal No. 74 of 1981) and three other special appeals, in which the Corporation is respondent No. 4. These appeals were heard alongwith the aforesaid appeals. Suffice it to state that the Corporation filed writ petitions against a composite order dated September 10, 1980 of the State Transport Appelate Tribunal, Rajasthan, Jaipur (here in after re...
Kesrimal Vs. Ugam Singh and ors.
Court: Rajasthan
Decided on: Jul-04-1983
Reported in: 1983WLN(UC)201
S.C. Agrawal, J.1. Both these revision petitions are directed against the order dated 19.1.1978 passed by the Civil Judge, Bhilwara in original execution case No. 82/73.2. The facts, briefly stated, are as under. In village Paroli in District Bhilwara there is a temple known as the temple of Shree Adeshwarji and the idol of Shree Adeshwarji the first Jain Tirthankar, is in the said temple. A dispute arose between the members belonging to the Digamber sect of the Jain religion and the members belonging to the Swetamber sect of the said religion with regard to the right to worship in the said temple. On 1st June, 1954, Shri Kesrimal (petitioner in S.B.Civil revision petition No. 179/1978) and Kistoor Chand, Dharam Chand, Bhuralal, Maganlal, Gundalal Gu!ab Chand and Pyar Chand, non-petitioners Nos.5-12 in S.B.Civil Revision petition No. 179/78 here in after referred to as the 'plaintiff decree holders,' belonging to the Digamber Jain sect, filed a representative suit on behalf of the memb...
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