Rajasthan Court December 1986 Judgments
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Ranu Lal Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Dec-09-1986
Reported in: 1987WLN(UC)60
Ashok Kumar Mathur, J.1. The petitioner by this writ petition has challenged the order of the Revenue Appellate Authority dated 8:7-19'5 (Ex. 15) and Ex. 15-A.2. The petitioner has an immovable property situated at Chittanion-ka-Dhora in Balotra. This land is a patta sud land of the petitioner. In the eastern side of the petitioner's house the non-petitioner No. 3 Manak Chand purchased a plot of land and raised construction of house in the year 1966. In the western side of the petitioner's house some khalsa land was lying vacant. Non-petitioner No. 3 Manakchand applied to the Municipality for purchase of some portion of the khalsa land. The petitioner opposed to the purchase of the portion of land by non-petitioner No. 3. It is alleged that after pursuation by non-petitioner agreed to withdraw his objection petition on the clear understanding that non-petitioner Manak Chand will not purchase and interfere with the rest of the khalsa land situated adjacent to the house of the petitioner...
Balu S/O Ram Lal Vs. State of Rajasthan
Court: Rajasthan
Decided on: Dec-09-1986
Reported in: 1987WLN(UC)53
N.C. Sharma, J.1. On June 14, 1976 about 6.30 a.m. the Food Inspector of Gulabpura Town visited the small restaurent of Bansi Luhar PW 2 for whom the petitioner Balu had brought 7 or 8 Kgs. of mixed cow and buffalo's milk for sale. The Food Inspector inspected the milk brought, by the petitioner and the petitioner told the Food Inspector that it was mixed cow and buffalo's milk and he had brought it for sale. Suspecting that the milk was adulterated, the Food Inspector, with a view to take sample of the milk from the petitioner to send the same for analysis to the Public Analyst, gave notice Ex. P 1 in Form VI to the petitioner and bought 660 mlg. of that milk from the petitioner for 90 paise. The statutory formalities under the Prevention of Food Adulteration Act, 1954 (for short, here in after 'the P.F.A. Act') were complied with and one of the three sealed bottles were sent to the Public Analyst, Bhilwara from whom the report was received that the sample of mixed milk (buffalo and c...
Santa Singh and anr. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Dec-09-1986
Reported in: 1987WLN(UC)83
S.S. Byas, J.1. Since these two appeals one by accused Santa Singh and the other by the State are directed against one and the same judgment of the learned Additional Sessions Judge, Raisingnagar dated November 29, 1980, they were heard together and are disposed of by a common judgment. By the judgment aforesaid, the Sessions Judge convicted accused Santasingh under Section 302 and 307 IPC and sentenced him to imprisonment for life with a fine of Rs. 200/- on the first count and four years rigorous imprisonment with a fine of Rs. 100/- under the second count, and acquitted the accused Kanwarsingh Gamdoorsingh of the offence under Sections 302, 302/34, 307 & 307/34, IPC. Accused Santasingh challenges his conviction while the State challenges the acquittal of Kanwarasingh and Gamdoorsingh.2. The incident is alleged to have taken place on Sun-sink on April 10, 1979 in Chak 14-ML Police Station, Muklawa, district Sri Ganganagar, in which Jagdishsingh and Hardeosingh, still in their teens, ...
Bhola Alias Ram Prasad and ors. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Dec-09-1986
Reported in: 1987WLN(UC)122
Mohini Kapoor, J.1. This appeal is directed against the judgment of learned Sessions Judge, Alwar, dated June 27, 1985, by which the accused appellants have been convicted and sentenced in the following manner:Lala alias Munshi:Under Section 302 IPC Imprisonment for life and a fine of Rs. 200/-and in default of payment of fine to undergo2 years rigorous imprisonment.Under Section 326 IPC Three years rigorous imprisonment and a fineof Rs. 200/-and in default of payment of finefurther two years rigorous imprisonment.Under Section 325 IPC Two years rigorous imprisonment and a fine ofRs. 200/-, and in default of payment of fine,one months rigorous imprisonment.Under Section 148 IPC 1 years rigorous imprisonment and a fine ofRs. 100/- and in default of payment of fine,one months rigorous imprisonment.Bbola alias Ram Prasad, Babulal, Mst. Hardei and Mst. KrishnaUnder Section 148 IPC One year rigorous imprisonment and fine ofRs. 100/- and in default of payment of fine,further one months' rigo...
Capt. Desh Raj Lamba Vs. Union of India (Uoi)
Court: Rajasthan
Decided on: Dec-09-1986
Reported in: 1987WLN(UC)746
Ashok Kumar Mathur, J.1. Petitioner by this writ petition has prayed that he may be paid subsistence allowance and his appeal which is pending with the Chief of Army Staff may be disposed of expeditiouly.2. Petitioner is regularly Commissioned Officer in the Army. He was commissioned in the Army Ordinance Corps w.e.f. 14-11-71 Petitioner was down graded w.e.f. 5-3-1983 and was placed low medical category as he was suffering from Alchohol Dependence syndrome: The petitioner was sent to the Military Hospital for final review on 20-9-1985 in pursuance of the order 12-9-1985, issued by Major, OIC, Hd. Q., Section for COO. Petitioner was discharged from the Military Hospital on 16-12-1985 and it was found that petitioner is not fit for army duties and it was directed that he should be readmitted in case of relapse. With these remarks, petitioner was sent to unit. The petitioner reported at his unit on 16-12-1985. The petitioner was sent on temporary duty to H-Q. 61(1), Sub-area (Indep) Sig....
Kan Singh and 11 ors. Vs. State Transport Appellate Tribunal and ors.
Court: Rajasthan
Decided on: Dec-08-1986
Reported in: 1987(2)WLN292
Jagdish Sharan Verma, C.J.1. This judgment shall dispose of the above mentioned 12 special appeals, which involve for decision a common question, which is the main controversy in these appeals.2. These petitions relate to the routes Bhadra-Hissar via Adampur, Hanumangarh-Dabwalia via Sangaria, Bhadra-Hissar via Balsamand and Rajgarh-Hissar via Jhunpa. The contention of the petitioners in all the petitions, which have been dismissed giving rise to these appeals, was that the petitioners should be granted renewal of their permits since the State Transport Undertaking could not be granted any permit due to the prohibition contained in the proviso to Sub-section (1-H) of Section 47 of the Motor Vehicles Act (here in after referred to as 'the Act'). All these routes are inter-State routes & Sub-section (1-H) of Section 47 provides that a State Transport Undertaking shall be given preference over all other applicants while granting stage carriage permit for operating in any inter-State route...
Asha Iron Traders Vs. Ahmed Bhai
Court: Rajasthan
Decided on: Dec-08-1986
Reported in: 1987(2)WLN889
Jas Raj Chopra, J.1. This is an appeal against the judgment of the learned Additional District Judge No. 1, Jodhpur dated November 5, 1980 whereby the learned lower court has decreed the suit of the plaintiff-respondents against the defendant-appellants for eviction as also for the payment of the arrears of rent and mesne profits. The defendants have been ordered to hand over the vacant possession of the suit premises to the plaintiffs within two months from the date of the decree.2. A few facts necessary to be noticed for the disposal of this appeal briefly stated are that the suit premises fully described in para 2 of the plaint belonged to Smt. Gori who let out these premises to defendant No. 1 Pukh Raj on a rent of Rs. 200/- per month. The tenancy started from 1-6-1973. It is alleged that these premises were later on sold by Smt. Gori to the plaintiffs for a sum of Rs. 20,000/- through a registered sale deed dated 12-11-1974. Smt. Gori sent a registered notice of sale to Pukhraj on...
Harbhajan Singh Vs. State of Rajasthan
Court: Rajasthan
Decided on: Dec-06-1986
Reported in: 1987WLN(UC)71
Shyam Sunder Byas, J.1. The appeal is directed against the judgment of the learned Additional Sessions Judge, Sri Ganganagar dated August 27, 1981, by convicting and sentencing the appellant Harbhajan Singh as under:_________________________________________________________________________________S. No. Offence under section Sentence awarded_________________________________________________________________________________(1) 302, IPC imprisonment for life(2) 25(1)(c), Arms Act Rigorious imprisonmentfor four months;(3) 27, Arms Act Four months' rigorousimprisonment.__________________________________________________________________________________The sentences were directed to run concurrently.2. Briefly stated, the prosecution case is that the deceased Jagjit Singh aged about 20 years, was the son of PW 1 Atma Singh and PW 2 Smt. Mahindra Kaur. He was living with them in Chak-2, P.S. Karanpur District Sri Ganganagar. The appellant Harbhajan Singh, aged about 22/23 years, is also a residen...
Habu Vs. State of Rajasthan
Court: Rajasthan
Decided on: Dec-05-1986
Reported in: AIR1987Raj83; 1987(1)WLN272
Dave, J.1. This larger Bench has been constituted by the orders of the Chief Justice, dt. July 3, 1986, to answer a question referred to larger Bench by our brother Hon'ble G. K. Sharma, J. vide his order of reference, dated May 28, 1986 wherein he has framed the following question :'Whether the judgment given in absence of the appellant or his counsel but the case decided on merits, can be re-called by the Court in its inherent powers under Section 482, Cr.P.C.'2. The petitioner, Habu, had filed a revision petition in this Court in the year 1978 challenging his conviction and sentence. This revision-petition was admitted on Oct. 25, 1978, and was ordered to be heard in due course on May 26, 1979. Thereafter it came up for hearing on Jan. 11, 1985 before Hon'ble Sharma, J. The accused petitioner who was on bail neither appeared in person npr his counsel was present and Hon'ble Sharma, J. after hearing the learned Public Prosecutor dismissed the revision-petition on merits. The petition...
Bhanna Lal and ors. Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Dec-05-1986
Reported in: 1987(1)WLN560
Mahendra Bhushan Sharma, J.1. The petitioners were allotted surplus land under the Rajasthan Imposition of Ceiling on Agricultural Holdings Rules, 1973 (for short the Rules) after the land has been declared surplus under the Rajasthan Imposition of Ceiling on Agricultural Holdings Act, 1973 (for short, the Act). The orders declaring the land surplus being in excessive of the ceiling area were challenged in the writ petition by Jagannath and Bhojraj by filing S.B. Civil Writ Petitions Nos. 1183/76 and 1276/76 respectively. A learned Single Judge of this Court disposed of both the writ petitions mentioned above under his order dated September 28, 1984. The three orders of the ceiling authorities were quashed. In both the cases the S.D.O. was directed to decide the cases of Jagannath and Bhojraj after holding the enquiry into the question of dependency of the minor sons in the light of the observations made in the aforesaid judgment. Before the land had been allotted to the petitioners af...
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