Rajasthan Court March 1986 Judgments
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Pheli Ram and ors. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Mar-18-1986
Reported in: 1986(1)WLN390
1. In case No. 119/81 State v. Ram and Ors. the learned Sessions Judge, Bharatpur found accused appellant Pheli Ram guilty under Sections 148, 307/149, & 343/302. He also found accused-appellants Hari Singh, Moolia and Mohanlal guilty under Sections 141, 307/149 and 342 IPC. Accused-appellant Pheli Ram has been sentenced to life imprisonment under Section 302. He has also been sentenced for imprisonment under Sections 148, 342 IPC. Accused-appellants Moolia, Hari Singh and Mohanlal are sentenced for 7 years rigorous imprisonment under Sections 307/149 and they are also sentenced for imprisonment under Section 148 and 342 IPC. Aggrieved by this judgment of the learned Sessions Judge, Bharatpur dated 13 9-1983 accused-appellant Pheli Ram filed an appeal in this Court which has been registered at serial number 445/83 and other accused-Harisingh, Moolia and Mohanlal also filed an appeal before this Court which has been registered at serial number 426/83. Both the appeals are against one ju...
Smt. Bhagwati Devi and anr. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Mar-18-1986
Reported in: 1986WLN(UC)658
Vinod Shanker Dave, J.1. This application under Section 439 Criminal Procedure Code has been filed on behalf of Smt. Bhagwati Devi and Smt. Maya in a case under Sections 306 and 498A, IPC. Both the accused persons were arrested by Dy. S.P. Circle Officer-in-charge Gandhi Nagar, Police Station, Jaipur on Feb. 25, 1986 in FIR No. 36/86 of that police station and since then both them are in judicial custody.2. On Feb. 23, 1986 Shri Rohit Mahajan, Dy. S.P. Circle Officer, Gandhi Nagar police station, Jaipur lodged a report on the basis of statement of deceased Smt. Jyoti, w/o Ashok Morani recorded in the hospital. In this statement which was recorded by Shri Rohit Mahajan in the presence of four persons, she stated that her husband, mother-in-law and sister-in-law were not talking to her saying that her features are not good. She had a child named Kamlesh aged 6 months and they were not even talking to this boy. The boy was with her at the time when she sustained burns, he has expired. She...
Hukam Singh Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Mar-14-1986
Reported in: 1986(1)WLN498
Milap Chand Jain, J.1. By this writ petition, the petitioner seeks to quash the order dated October 23, 1978 (Annex. 9/1) whereby, in the exercise of the powers under Rule 34 of the Rajasthan Civil Service (Classification, Control and Appeal) Rules, 1958 (for short 'the Rules'), the Governor enhanced the penalty from withholding the grant of two increments without cumulative effect to that of reduction of rank of the petitioner from the post of Sub-Inspector to Head-Constable for a period of two years. The petitioner was appointed as Sub-Inspector of Police directly by the Deputy Inspector General of Police, Bikaner by his order dated December 3, 1965. In the year 1966, an enquiry was held against the petitioner in respect of the three charges. It is alleged that the Enquiry Officer exonerated the petitioner of all the charges levelled against him, but the Deputy Inspector General of Police, Bikaner in his capacity as Disciplinary Authority, found the petitioner guilty of charge No. 3....
Gulam MohinuddIn and anr. Vs. Jalil and anr.
Court: Rajasthan
Decided on: Mar-14-1986
Reported in: 1987(2)WLN591
Guman Mal Lodha, J.1. Plaintiffs Gulam Mohinuddin and Afzal Hussain have filed this second appeal against the defendants Jalil and Nazir challenging the judgment of learned Additional District Judge, No. 1, Jaipur City, Jaipur whereby the suit of the plaintiffs was dismissed and the judgment of Additional Munsif No. 1, Jaipur was confirmed2. The plaintiffs filed this suit against the defendants for possession of the apartment house in the suit property mentioned in para I of the plaint The plaintiffs' case is that Maula Bux was the owner of the suit property and he gifted it to Ibrahim through a registered deed dated May 6, 1954. Then Ibrahim gifted this property in favour of the plaintiff on October 23, 1959 by a registered gift deed and handed over the possession of the building to them. Ibrahim often lives at Ahmedabad and when Ibrahim came to Jaipur in marriage of the plaintiff's daughters, defendant Jalil made a request that at that lime he had paucity of accommodation. On this re...
Ajayab Singh and ors. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Mar-13-1986
Reported in: 1986CriLJ1495; 1986(1)WLN550
S.S. Byas, J. 1. The appellants are eight in number and the appeal is directed against the judgment of the learned Additional Sessions Judge, Sri Ganganagar dated Jan. 24,1980. By the judgment aforesaid, five of them, viz. accused Hajarasingh, Biharsing, Balasingh, Kartarsingh and Ragusingh were convicted under Section 148, 302, 302/149, 307, 307/149,1.P.C. while the remaining three viz., Mangisingh alias Mangalsingh, Kuldeepsingh alias Devisingh and Ajayahsingh were convicted under Sections 148, 302/149 and 307/149, I.P.C. and each was sentenced to varying terms of imprisonment, the highest being of the imprisonment for life under Section 302 or 302/149, I.P.C.2. The incident is alleged to have taken place at about 8.30 p.m. on Dec. 5, 1978 in a street at Mandi Padampur (district Sri Ganganagar), in which two persons were hacked to death and the third was severely injured. The appellants are residents of Mandi Padampur and are inter se closely related. Accused Bikarsingh, Bagusingh an...
Bhagwan Dass and anr. Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Mar-13-1986
Reported in: 1986(1)WLN574
Sobhag Mal Jain, J.1. This appeal has been filed by the plaintiffs against the judgment and decree dated November 14, 1973 of the Civil Judge, Balotra, dismissing the plaintiffs' suit by allowing the appeal filed by the State of Rajasthan defendant No. 1 against the judgment dated 5th August, 1972 of the Additional Munsif Magistrate, Barmer, who had decreed the suit.2. The aforesaid suit was filed by the present appellants in the Court of Munsif, Barmer, for the recovery of an amount of Rs. 1,616.98 p. against the State of Rajasthan and four others, namely,--(1) Provincial President, Bharat Sewak Samaj, Jaipur, (2) Shri Devi Shanker Tiwari, Former Provincial President, Bharat Sewak Samaj, (3) Shri Naval, Kishore Badgoti, Former Provincial Organisation Secretary, Bharat Sewak Samaj and (4) Shri Purushottam Das Kudal, Advocate, President, Provincial Bharat Sewak Samaj, Ajmer. The averments made in the plaint were that a Lok Karya Kshetra of the Bharat Sewak Samaj was established at Chout...
Zoraster and Co. Vs. Commissioner of Income-tax
Court: Rajasthan
Decided on: Mar-12-1986
Reported in: [1987]163ITR858(Raj)
1. This reference application under Section 250(2) of the Income-tax Act, 1961, has been filed by M/s. Zoraster and Company (hereinafter referred to as 'the assessee'). In the present case, the original assessment for the assessment year 1972-73 was made on January 31, 1975. Thereafter, on a report of the internal audit party, proceedings for reopening the assessment under Section 147(b) read with 148 was taken, and the reassessment order was passed on March 7, 1978. The assessee, aggrieved against the order of the Income-tax Officer under Section 143(3) read with Section 148, filed an appeal before the Commissioner of Income-tax (Appeals), Rajasthan. Learned Commissioner of Income-tax (Appeals) by his order dated March 27, 1980, allowed the appeal taking the view that in the facts and the circumstances of this case, it was only a question of change of opinion on the basis of the facts existing at the time of original assessment and the provisions of Section 147(b) could not be attract...
Roop Kishore Vs. State of Rajasthan
Court: Rajasthan
Decided on: Mar-12-1986
Reported in: 1986WLN(UC)251
Kishore Singh Lodha, J.1. The petitioner Roop Kishore has filed this application under Section 482 Cr. PC against the order dated 12-6-1985 of the Addl. Chief Judicial Magistrate No. 1, Jodhpur, by which a charge for offence under Section 420 IPC has been framed against the petitioner.2. The facts giving rise to this application briefly stated are that on 30-7-1984, the complainant Vijai Kumar filed a complaint before the learned Additional Chief Judicial Magistrate No. 1, Jodhpur, alleging that the complainant was a dealer in stone, Bajri & etc. and its supply and tranaport-ation at Jodhpur and also takes contracts for the same. He further alleged that the accused Roop Kishore called him in his office in the first week of July (1984) and told him that the accused had taken contracts on which lime, sand and bricks etc. have to be supplied and wanted the complainant to do that job and also gave two cheques to the complainant; one dated 16-7-1984 for a sum of Rs. 2,300/- and the other da...
Girdhari Vs. State of Rajasthan
Court: Rajasthan
Decided on: Mar-11-1986
Reported in: 1987(2)WLN315
Mahendra Bhushan Sharma, J.1. This is a petition under Section 482 Cr. P.C. in proceedings under Section 446(3) Cr. P.C.2. A criminal case No. 390/1977 under Section 457 and 380 IPC was pending trial against accused Prabhati in the court of learned Additional Chief Judicial Magistrate, Jhunjhunu. Prabhati was ordered to be released on bail and the petitioner Girdhari furnished surety in the sum of Rs. 5,000/- for appearance of Prabhati in the court on all subsequent dates. March 7, 1979 was fixed in the case before the learned Magistrate and the accused did not put his appearance. The learned Magistrate being satisfied forfeited the bail bonds and because the petitioner stood surety, proceedings under Section 446(3) Cr. P.C. were initiated. The petitioner put appearance and an application was filed by him on June 19, 1980 that he made efforts to trace Prabhati but did not succeed, and for the first time he came to know that he is confined in Police Station, Gudha. The learned Magistrat...
Birja Vs. State of Rajasthan
Court: Rajasthan
Decided on: Mar-11-1986
Reported in: 1986WLN(UC)256
Kishore Singh Lodha, J.1. The appellant Birja has been convicted under Section 376 IPC and sentenced to seven years' R.I. and a fine of Rs. 1,000/-and in default, six months further R.I. by the learned Additional Sessions Judge No. 1, Hanumangarh by his judgment dated 30-10-1982. He has, therefore, come up in appeal.2. The learned Counsel for the appellant has candidly stated before me that he would not challenge the conviction of the appellant but urged that in the circumstances of the case, the sentence awarded to the appellant, according to him, is excessive and harsh and, therefore, he only prays that it may be suitably reduced.3. In view of this submission of the learned Counsel for the appellant, I need not state the facts of the case at any length. Suffice it to say that the case of the prosecution is that the accused caught hold of Smt. Bimla w/o Ramswaroop aged between 15 to 20 years while she was returning from the field, on the way and had forcible intercourse with her again...
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