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Rajasthan Court April 1986 Judgments

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Apr 25 1986

State of Rajasthan Vs. Prem Singh

Court: Rajasthan

Decided on: Apr-25-1986

Reported in: 1986WLN(UC)612

Jas Raj Chopra, J.1. The State appeal is directed against the judgment of the learned Addl. Munsif and Judicial Magistrate, Partapgarh dated 3-12-1977 where by the learned lower court has acquitted the accused respondent Prem Singh of the offences under Sections 304A, 279 and 337, IPC.2. The facts of this case briefly stated are that on 29-3-1973, accused Prem Singh was driving Bus No. RJH 800 coming from Ratlam to Partap Garh. PW 14 Mohd. Bux was its conductor. At about 5.30 p.m., when the bus reached near the village Satmudi, it was stopped by the natives of the village in order to collect some money on the occasion of Holi. The Driver Prem Singh refused to pay them any money saying that he has no money what so. ever. It is alleged that thereafter, the accused without giving any horn and without giving any indication that he is going to start the bus was started the bus, which over-ran the deceased Jeevla and injured one Phoolji, who has been examined as PW 13. The report of the inci...


Apr 24 1986

Megh Raj and ors. Vs. State of Rajasthan and ors.

Court: Rajasthan

Decided on: Apr-24-1986

Reported in: 1986WLN(UC)255

Kishore Singh Lodha, J.1. I have heard the learned Counsel for the parties.2. It is not disputed before me that a revenue suit for the declaration and injunction in respect of the land in dispute, namely, Khasras No. 25 and 211 had already been filed by non-petitioners No. 2 to 4 and they had obtained a temporary injunction in their favour from the Court of SDO, Jalore on 15-3-1986 but on appeal the operation of that order had been stayed by the Revenue Appellate Authority, Jodhpur by order dated 3-4-1986. In these circumstances, the approach of non-petitioners No. 2 to 4 to the criminal court under Section 145 Cr. PC after the orders of the competent reveuue court have been passed clearly appears to be improper and malafide. The decision of the Hon'ble Supreme Court reported in Ram Sumer Puri Mahant v. State of UP and Ors. : AIR1985SC472 , clearly applies to the present case. This court had also while following the aforesaid decision of the Hon'ble Supreme Court had taken the same cou...


Apr 24 1986

Syed Asrar Ahmed Vs. Bhanwar Lal and ors.

Court: Rajasthan

Decided on: Apr-24-1986

Reported in: 1986WLN(UC)561

Inder Sen Israni, J.1. This is a civil execution second appeal against the judgment dated 26-4-1973 passed by the learned Additional District Judge, Ajmer in Civil Execution Appeal No. 324/70(33/72) setting aside the order dated 1-8-1970 passed by the learned Civil Judge, Ajmer in execution case No. 29/69.2. For the decision of this appeal it is not necessary to give all details of the facts, out of which the present proceedings have come up Suffice it to say, by an order dated 1-8-1970, it was held by the learned Civil Judge that the execution preferred by the decree holder Ram Das was barred by limitation. Against this order an appeal was preferred before the District Judge Ajmer, which, on transfer was decided by the learned Additional District Judge. Ajmer, by its order dated 26th April, 1973, by which it was held that the execution preferred on 21-3-1969 is perfectly within limitation. The proceedings have arisen from a decree through compromise. The terms of compromise were that ...


Apr 23 1986

Giriraj Prasad Sharma Vs. University of Rajasthan and ors.

Court: Rajasthan

Decided on: Apr-23-1986

Reported in: 1987(1)WLN107

1. Mr. Giriraj Prasad Sharma, is present in court. He is identified by Shri A.K. Bhargava, learned Counsel for the petitioner(Advocate) who has initially filed this appeal. Appellant has filed an application before this court that he does not want to press this appeal and the subject matter of writ petition, he wants to withdraw the same. This case came up before us on 21-4-1986 also on which date Shri Bhargava, who as mentioned above, initially, was the counsel, sought to argue the appeal after getting the case listed in supplementary cause-list which we permitted despite heavy cause-list. Thereafter Mr. B.K. Pathak, appeared and gave out that he wants to withdraw the petition and it was after this application was filed that this court was placed in a situation where one counsel intended to argue the case on merits, while the another expressed the desire to withdraw. We thought it proper to direct the presence of the appellant in person, the appellant is present before us today. We pe...


Apr 23 1986

Pyara Singh Vs. State of Rajasthan

Court: Rajasthan

Decided on: Apr-23-1986

Reported in: 1986WLN(UC)340

Jas Raj Chopra, J.1. This is an appeal against the judgment of the learned Additional Sessions Judge, Sri Ganganagar dated June 30, 1878 where by the learned lower court has held the accused-appellant Pyara Singh guilty of the offence under Section 326 IPC and has sentenced him to three years' rigorous imprisonment together with a fine of Rs. 200/- and in default, to undergo two months' rigorous imprisonment. He has also been held guilty of the offence under Section 27 of the Arms Act and has been sentenced to one year's rigorous imprisonment. Both the substantive sentences were ordered to run concurrently.2. The facts necessary to be noticed for the disposal of this appeal briefly stated are that PW 3 Avtarsingh, PW 4 Jaisingh, PW 5 Ajayabsingh, PW.8 Shankarsingh and accused-appellant Pyarasingh are the real brothers. They belong to village 5 C.C. in District Sriganganagar. It is alleged that they have some land in District Firozpur in Punjab and, therefore PW 8 Shankar Singh has shif...


Apr 23 1986

Nand Kishore Vs. Budhram

Court: Rajasthan

Decided on: Apr-23-1986

Reported in: 1986WLN(UC)576

Dwarka Prasad, C.J.1. Heard learned Counsel for the parties.2. The question as to whether the two certificates of posting which were produced late by the plaintiff were rightly admitted by the trial court under Order 13 Rule 2 CPC has been raised in this revision petition.3. The application alongwith which the documents were produced did not disclose as to how and when the said documents were discovered by the plaintiff. No sufficient reason has been given for the non-production of these documents at an earlier stage. Under Order 13 Rule 2 CPC, the court was entitled to admit documents if good cause was shown for their previous non-production. The trial court has not held that the plaintiff has good cause for the non-production of the two documents at an earlier stage at the time or before framing of the issues. The documents should not have been admitted merely subject to payment of the costs at the fag end of the trial because the evidence of both the parties has already been examine...


Apr 23 1986

Mst. Bano Alias Chidi Bano and anr. Vs. State of Rajasthan

Court: Rajasthan

Decided on: Apr-23-1986

Reported in: 1986WLN(UC)701

Guman Mal Lodha, J.1. Flesh trade' of minor girls, kidnapping prostitution, confinement and concealment of a kidnapped girl are some of the important facts of socio-legal debate in this appeal where, the accused-appellant. Mst. Banno and Mst. Khurshid, who are prostitutes by profession, are also facing notice for enhancement of sentence along with their appeal against their conviction by the trial court.2. The Sessions Judge, Sawaimadhopur, Camp: Gngapur City, vide judgment dated 25th January, 1978 conviced and sentenced these two lady-appellants as under:Under Section 366A, IPC--14 years rigourous imprisonment under Section 358, IPC--2-1/2 rigorous imprisonments. Both the sentences were ordered to run concurrently.3. The episode starts from Hindaun-city, a town of Sawai-Madhopur district of Rajasthan State. Mst. Prem d/o Kirori Nai PW 7 minor girl of 13-14 years of age, is the victim of this social crime of serious magnitude.4. Rameshwar Nai s/o Chauthe Nai of Hindaun-city who, is sti...


Apr 21 1986

Hari Industries Vs. Roshan Lal Kothari and ors.

Court: Rajasthan

Decided on: Apr-21-1986

Reported in: 1986(2)WLN275

Panna Chand Jain, J.1. This is an appeal under Section 110B of the Motor Vehicles Act, 1939, dated 16th March, 1985, passed by the Motor Accident Claims Tribunal, Dholpur in case No. 120/1985, whereby the learned Claims Tribunal dismissed the claim petition on the ground that with regard to the claim for compensation to property the petition was not maintainable, placing reliance on Yaswant Rao v. Mohan Lal , a judgment of this Court.2. Briefly stated, the facts of the case are that a claim petition was filed by M/s Hari Industries arising out of an accident by Truck No. RSB 1019, belonging to respondent No. 1, which was being driven, at the relevant time, by respondent No. 2 and was insured with respondent No. 3. As a result of the accident, petitioner's Truck No. RJR-5091 was damaged. The petitioner-appellant filed a petition claiming compensation amounting to Rs. 38,114.10 which was contested by the respondents. Issues were also framed. But, the Court without taking any evidence on ...


Apr 21 1986

State of Rajasthan Vs. Derawar

Court: Rajasthan

Decided on: Apr-21-1986

Reported in: 1986WLN(UC)277

Jas Raj Chopra, J.1. This is an appeal against the judgment of the learned Munsif and Judicial Magistrate, Phalodi dated June 30, 1977 whereby the learned lower court has acquitted accused Derawar of the offence under Sections 457 and 380/511 IPC.2. The facts necessary to be noticed for the disposal of this appeal briefly stated are that; on 28-8-1971; Tejaram lodged a report at Police Station, Sangad in District Jaisalmer to the effect that in the night intervening between 26th and 27th of August, 1971 at about 1 a.m., one thief entered his house. His wife was sleeping in the Chowk of the house along with her kids and her niece Mst. Shanti. She took of her golden Timaniya weighing about 4 tolas and hanged it on the leg of the cot. The accused tried to take away that Timaniya, whereupon, she woke up and enquired from the accused as to who he is? His wife than cried for help and called Girdhari for help. It is alleged that at that time, complainant Tejaram was serving in the Munsif Cour...


Apr 17 1986

Arjun Singh Vs. State of Rajasthan

Court: Rajasthan

Decided on: Apr-17-1986

Reported in: 1987CriLJ610

ORDERGuman Mal Lodha, J.1. Arjun Singh has moved this application Under Section 439, Cr. P.C. The case relates to the death of Kamla. The allegation is that Kamla was murdered by her husband applicant Arjun Singh alias Bhanwar Singh.2. The investigation of the case has got a chequered history because earlier, the police gave final report. The parents of Kamla approached the High Court. On directions from the High Court, the C.B.I, started investigation and arrested the accused.3. Mr. K. E. Soni, learned Counsel for the accused, submitted that there is no direct evidence connecting the applicant with the crime and the circumstantial evidence so far as disclosed by Mr. Tyagi during arguments, collected by the investigating agency fails to make out any case, against the accused Under Section 302, I.P.C.4. Mr. Soni also read over certain letters of the sisters-in-law of the accused showing that the relations between the husband and wife were very cordial. According to Mr. Soni the death wa...


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