Rajasthan Court September 1983 Judgments
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Bhur Singh Vs. Smt. Gurdev Kaur and anr.
Court: Rajasthan
Decided on: Sep-09-1983
Reported in: 1983WLN(UC)536
K.S. Lodha, J.1. This case has a chequered history. The non-petitioner Smt. Gurdeo Kaur had filed an application Under Section 488 Cr. PC for grant of maintenance allowance against her husband the petitioner Bhur Singh, on 6-9-65. Notices of this application were issued to the present petitioner and the date fixed was 8-10-65. However, the petitioner did not appear on that day despite service and the learned Magistrate was also on leave. The matter then came up on 25-11-65. On that day again, the petitioner did not appear and, therefore, the learned Magistrate ordered ex-parte proceedings against him. The application of Smt. Gurdeo Kaur was accepted on the basis of the evidence led by her ex-parte and on 4-7-66, the learned Magistrate directed the present petitioner Bhur Singh to pay her Rs. 50/- p.m. On 8-8-66, the petitioner applied for setting aside that ex-parte order. That application was rejected by the learned Magistrate on 26-2-67, on the ground that it was barred by time. The ...
Mohan Singh and ors. Vs. Dalpat Singh and ors.
Court: Rajasthan
Decided on: Sep-09-1983
Reported in: 1983WLN395
S.K. Mal Lodha, J.1. This appeal under Section 18 of the Rajasthan High Court Ordinance, 1949 aims at over-setting the order dated May 4, 1983 of the learned Single Judge, by which the appellants' writ petition under Article 226 of the Constitution, was dismissed.2. The appellants (plaintiffs in the revenue suit) instituted revenue suit No. 94/82 in the court of Section D.O., Kapasan, district Chittorgarh against the respondents No. 1 to 3 (defendants in the revenue suit) for declaration in respect of certain agricultural lands situated in village Saumi, Tehsil Rashmi, district Chittorgarh and also for grant of permanent prohibitory injunction restraining respondent No. I to 3 from interfering in any manner with their possession over the aforesaid land and also from alienating the same. The S.D.O. issued an ex-parte interlocutory injunction on December 10, 1982 restraining respondents No. 1 to from interfering with the possession of the appellants. He ordered for the issuance of the no...
Fattu Khan Vs. State of Rajasthan
Court: Rajasthan
Decided on: Sep-08-1983
Reported in: 1983WLN370
S.S. Vyas, J.1. This is an appeal by accused Fattu Khan against the judgment of the learned Sessions Judge, Merta dated September 29,1977 convicting the appellant under Sections 304 part 11 and 323, IPC and sentencing him to three years' rigorous imprisonment under the first and three months' like imprisonment under the second count. The sentences were directed to run concurrently.2. At about 3.30 A.M. on 23-7-76, PW. 4 Manni Khan of village Girodakhara appeared at Police Station Deed wana (District Nagaur) and verbally lodged report Ex. P.2 It was stated therein that at about 7.00 P.M. on the previous day, he saw Jabdin of village Hindasariwala (the deceased victim) coming from the house of DW. 3 Mst. Saftidan: He was crying for help. Jabdin entered the house of DW I Chatura' Ram to take shelter therein. He was closely followed by the accused having a Lathi in his hand PW. 3 Jabdikhan also went in the house of Chatura Ram to intervene and separate the two. The accused struck a bross o...
Hiralal Sharma Vs. Railway Shramik Sahkari Bank Bikaner Ltd. and ors.
Court: Rajasthan
Decided on: Sep-04-1983
Reported in: 1983WLN(UC)301
S.C. Agarwal, J.1. Hiralal Sharma, the petitioner in this petition filed Under Section 12 of the Contempt of Court Act. 1977 was an employee of the Railway Shramik Sahkari Bank Bikaner Limited, Bikaner (hereinafter referred to as 'the Sahakari Bank') non-petitioner No. 1 herein Shri K.C. Golecha, non-petitioner No. 2, is the Manager of the Sahkari Bank and Shri Kanhaiya Lal Bhojak non-petitioner No. 3 is the Honorary Secretary of the Sahkari Bank. By notice dated May 12,1982, the petitioner was informed that he will retire from service of the Sahakari Bank on September 30, 1982 on attaining the age of 55 years. The petitioner challenged the validity of the aforesaid notice of retirement dated May 12, 1982 by filing a writ petition, S.B. Civil Writ Petition No. 1827 of 1982. Along with the aforesaid writ petition, the petitioner also filed a petition for stay of the operation of the order dated May 12, 1972. On the said stay application, this Court passed an order dated September 27, 19...
Toga and ors. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Sep-02-1983
Reported in: 1983WLN382
S.S. Vyas, J.1. This revision by twenty persons is directed against the order of the learned Sessions Jurtge, Balolra dated June 16, 1983 passed in Criminal Case No. 56 of 1981 whereby cognizance for offences under Sections 147, 148, 323, 324, 325, 326 and 307 read with Section 149, IPC was taken and process was issued to them to stand trial.2. It would be proper to briefly resume the facts and circumstances giving rise to this revision.3. At about 9 a.m. on 6-8-81, a mob of nearly twenty four persons went to the field to Kamal and started ploughing it. Kamal, his brothers Sattar and Bilal went to forbid them. The mob became violent and made an assault on the complainant-party. The aforesaid three persons along with one Gafoor were belaboured. A report of the occurrence was lodged at Police Station, Bramer on the same day. The police registered a case and proceeded with investigation. On the completion of investigation, the police submitted a challan against seven persons in the court ...
ishwar Singh Vs. Panney Singh and ors.
Court: Rajasthan
Decided on: Sep-01-1983
Reported in: 1983WLN(UC)297
K.D. Sharma, C.J.1. This is an application Under Section 482, Cr. P.C by Ishwar Singh petitioner for setting aside the order of the learned Sessions Judge, Bikaner, dated September 4, 1982, and for issuing a direction for proper investigation of a case which has been instituted on the complaint of the petitioner.2. The relevant facts giving rise to this petition may be briefly stated as follows: Panney Singh and Suraj Singh non-petitioners Nos. 1 and 2 accompanied by their nephew Pabusingh went to Calcutta and met the petitioner on March 20,1982 and requested the letter to permit them to stay at his residence as they had come on tour to Calcutta, The petitioner readily agreed to allow them to stay at his residence, because they were coming from his village and were known to him. On March 22,1982, the petitioner got up in the morning after sleep and found that both the non-petitioners Nos. and 2 as well as their nephew Pabu Singh had gone away from his house. The petitioner suspected so...
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