Rajasthan Court August 1983 Judgments
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Mahendra Kumar Taly Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Aug-18-1983
Reported in: 1983WLN(UC)440
Dwarka Prasad Gupta, J.1. The petitioner was temporarily appointed as Excise Inspector Grade II by the order of the Excise Commissioner, Rajasthan, Udaipur dated October 3, 1968. The petitioner continued to hold the said post until the Rajasthan Excise Subordinate Service (General Branch) Rules, 1974 (hereinafter referred to as '1974 Rules') came into force. Under Clause (iii) of the proviso to Rule 6 of the 1974 Rules, the petitioner was subjected to screening by a Committeefor adjudgment of his suitability for the post of Excise Inspector Grade II, which post is included in the Schedule appended to the 1974 Rules and on which the petitioner was working in a temporary capacity from a date prior to January 1, 1972. The petitioner was not considered suitable by the Screening Committee and by the order passed by the District Excise Officer, Ajmer dated October 16, 1974 the service of the petitioner was terminated with immediate effect.2. The petitioner has challenged in the present writ ...
Ram Singh Vs. the State of Rajasthan
Court: Rajasthan
Decided on: Aug-18-1983
Reported in: 1983WLN(UC)554
S.C. Agrawal, J.1. This appeal has been filed by appellant Ramsingh against his conviction for the offence Under Section 302 IPC and the sentence of imprisonment for life and a fine of Rs. 100/- imposed on him for the said offence by the Additional Sessions judge, Jhalawar in his judgment dated November 30, 1973 in Sessions Case No. 40/1973. In the Sessions case aforesaid five persons, including the appellant were prosecuted in respect of charge Under Sections 148/302/149 and 323/149 IPC. The charge Under Section 302/149 IPC related to the murder of one Sultan Kanjar and the charge under Section 323/149 related to the injuries inflicted on the person of Smt. Khawasi (PW 1) wife of Sultan deceased. The Addl. Sessions Judge acquitted the other four co-accused, viz,, Bheru Singh, Mangilal, Motisingh and Nathu Singh of all the charges. The Additional Sessions Judge acquitted the appellant also of the charges Under Sections 148 and 323/149 IPC and while acquitting the appellant of the offen...
Manmal and ors. Vs. Bhure Khan
Court: Rajasthan
Decided on: Aug-18-1983
Reported in: 1983WLN(UC)561
K.S. Lodha, J.1. This is a plaintiffs civil revision and arises under the following circumstances,--The plaintiffs Manmal and others filed a suit for a permanent injunction against the defendant Bherukhan asking for a permanent injunction restraining the defendant from constructing a cinema house in Vyasji-ka-Nohra, Chopasani Road, Jodhpur and for a declaration that the no objection certificate granted to him in this respect was invalid and was liable to be cancelled. Along with the plaint, they also applied for a temporary injunction. The case of the plaintiffs was that the no objection certificate which was granted to the defendant was in contravention of the rules under the Rajasthan Cinemas Regulation Act (hereinafter called 'the Act.') in as much as the proposed cinema was within 200 meters of the Ummed Hospital which has a large indoor patient ward and two educational institutions, namely,. Tilak Bal Vidyalaya and the Children's Happy School were also within a distance of 200 met...
Laxmi Narayan Vs. State of Rajasthan
Court: Rajasthan
Decided on: Aug-18-1983
Reported in: 1983WLN497
S.S. Vyas, J.1. Accused Laxmi Naraytm was convicted under Section 379/75. IPC and sentenced to 21/2 years' rigoro is imprisonment with a fine of Rs. 200/-, in default of payment of fine to further undergo one month's like imprisonment by the learned Chief Judicial Magistrate, Jodhpur, vide his judgment dated 29. 1983 and order dated February 18, 1983. He went in appeal, but his appeal was dismissed and his conviction and sentence were maintained by the learned Additional Sessions Judge (2), Jodhpur vide his judgment dated March 19, 1983. The accused has, now come in revision to this Court.2. Briefly stated, the prosecution's case is that PW. 4 Dhanraj and PW. 5 Bulakichand were traveling in a Railway train from Bikaner to Jodhpur in the night of 8.5.80. They had two suit-cases and other articles with them, in the early hours of 9.5.80, they got down at Jodhpur and went out of the compartments. After sometime when they returned, they found their two suit-cases missing. The suit-cases co...
Ram Prasad and ors. Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Aug-16-1983
Reported in: 1983WLN430
S.S. Vyas, J.1. This is a revision against an order of the learned Additional Session Judge (1). Hanumangarh dated March 1, 1983 passed in a proceeding under Section 145 of the Code of Criminal Procedure.2. Briefly stated the relevant facts giving rise to this revision petition are that the officer-in-charge, Police Station, Tibi submitted a report in writing Before the Sub-Divisional Magistrate, Hanumangarh on December 8, 1982 Stating therein that a dispute likely to cause a breach of the peace existed between Chiranjilal & Rameshkumar on the one hand (here in after referred to as Party No. 1) and Ramprasad, Shiv Bhagwan and Ganesharam on the other hand (for brevity as Party No. 2) in respect of situate in Railway Station locality of village fibi. It was further stated that the dispute had taken a grave shape so much so that and serious incident might take place. It was therefore prayed that a proceeding under Section 145, Cr. P.C. be initiated. The learned Magistrate felt satisfied f...
Poonam Chand and anr. Vs. Ram Lal
Court: Rajasthan
Decided on: Aug-11-1983
Reported in: 1983WLN(UC)454
K.S. Lodha, J.1. This is a defendant's first appeal against the judgment and decree of the learned District Judge, Churu, dated 24 5-80 decreeing plaintiff's suit for a declaration of the sale deed dated 21-3-78 as void, for possession of the property in dispute and mesne profits. The plaintiff has also filed a cross-objection so far as the mesne profits are concerned.2. Briefly stated the facts of the case are that the property in dispute described in para no. 1 of the plaint was alleged to be an evacue property bearing no. 45. The plaintiff had been in possession thereof from May, 1956 to 1 '-8-62 as a tenant @ Rs. 1.50 p.m. Thereafter this property was sold to the plaintiff by the Competent Officer on 13-8-62 by a registered sale deed. The case of the plaintiff further was that one of his relations Shri Padam Chand had been permitted by him to stay in this property as his licensee. The defendant Poonam Chand also was their relation and he also started living in this property with th...
State Vs. Rudia and anr.
Court: Rajasthan
Decided on: Aug-09-1983
Reported in: 1983WLN(UC)162
M.C. Jain, J.1. The respondents Rudia and his son Mukhtiaria were acquitted by the learned Sessions Judge, Sriganganagar, of the offences under Sections 302 and 201 of the Indian Penal Code by his judgment dated December 20, 1973.2. Briefly, the prosecution case is that on i.7.72, PW1 Arjunram resident of 21 PTD lodged a verbal report Ex P8-A at the police station Anupgarh at 4.30 p.m. that when he went to bring Guwar' from his Dhani, he observed animals and birds near the road in the murabba of his son situated in 23 PTD. He thought that some animal might have died but when he reached near the place, he found that there was a human deadbody. He could not identify the dead body. There was a torn shirt on the deadbody and the rest of the body was naked. The place where the dead body was found was at a distance of about five Panwadas' from the road. On this report, Birbar Dan, A.S.I, conducted the proceedings under Section 174, Cr.P.C. Panchnama of the dead body was prepared and post-mor...
State Vs. Jai Narayan and Sohanlal
Court: Rajasthan
Decided on: Aug-09-1983
Reported in: 1983WLN(UC)209
S.C. Agarwal, J.1. Both these appeals filed by the State after obtaining leave to appeal Under Section 378(iii) CrPC, raise common questions for determination and, therefore, they are disposed of by this common judgment.2. In S.B.Cr. Appeal No. 401 of 1977, the respondent is Jainarayan who was running a sweetmeat shop at Gangapur in District Bhilwara. On 14.1.76 at 12.00 p.m. Shri Prakash Chandra, PW 1, Food Inspector, Gangapur went to the shop of the respondent and found him selling 'Moong Laddoos'. Suspecting the 'Laddoos' to be adulterated, he purchased 1.5 kg. off 'Laddoos' after paying him a sum of Rs. 15/-. The said 'Laddoos' were divided into three portions, and were placed in three separate bottles which were separately sealed in the presence of motbirs. One of the sample bottles was given to the respondent and one of the said bottles was sent to the Public Analyst, Public Health Laboratory, Ajmer, along with memorandum Ex P 5. The report Ex.P 6 received from the Public Analyst...
The State of Rajasthan Vs. Ram Dayal Modi
Court: Rajasthan
Decided on: Aug-09-1983
Reported in: 1983WLN638
N.M. Kasliwal, J. 1. This appeal by the State is directed against the judgment and decree of learned Additional District Judge, Dholpur, dated May 31, 1969. 2. The plaintiff respondent filed a suit for declaration and injunction on the allegations that the Executive Engineer PWD (B & R), Bharatpur invited tenders on April 14, 1966 for widening of Shoulders from Miles 715 to 724 Zone A and of miles 723 to 731 of Zone B of Agra-Bombay road. According to the terms mentioned in the notice inviting tenders, the tenders were to be filed on prescribed forms. Earnest money mentioned in the notice was to accompany the tender. The tenders were to be accepted by the Rajasthan Government and the rates quoted by the contractor were to remain in force up to four months from the date of tenders, i.e. from April 14, 1966 The case of the plaintiff was that he submitted two tenders, one each for the above two works to the Executive Engineer, Bharatpur on April 14, 1966, but did not deposit may amoun...
H.K. Purohit Vs. University of Jodhpur and ors.
Court: Rajasthan
Decided on: Aug-08-1983
Reported in: 1983WLN(UC)327
D.P. Gupta, J.1. The petitioner was initially appointed as a Upper Division Clerk in the University of Jodhpur with effect from August 27, 1962. The petitioner holds the post graduate degree in Arts and the Bachelor of laws degree from the University of Rajasthan. He also passed 'Sahitya Ratna' examination of the Hindi Sahitya Sammelan, Prayag.2. Respondent No. 3 T.P. Singh is a graduate in Arts and he was appointed as a U.D.C. in the Univeesity of Jodhpur with effect from October 6, 1962 In the final seniority list of Upper Division Clerks, as on January 1, 1964, published by the University on January 11, 1967, petitioner was placed at serial No. 14 and the respondent No. 3 was at No. 23. Similarly, in a subsequent senority list as on October 1, 1972 issued by the University on September 26,1972 the petitioner was placed at serial No. 8 while the respondent No. 3 was placed at serial No. 15. Thus, the case of the petitioner is that he was senior to the respondent No. 3 as he was appoi...
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