Rajasthan Court April 1986 Judgments
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Salim and anr. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Apr-09-1986
Reported in: 1986(1)WLN782
Vinod Shanker Dave, J.1. In this bail application only point raised is that the accused-petitioners are entitled to be released under the provisions of Section 167(2) Cr.PC.2. Admitted facts of the case are that the accused-petitioners were arrested on August 1, 1985, by the police station, Gumanpura, Kota in a case under Section 302 IPC and during the course of investigation last remand order passed by the Judicial Magistrate No. 3, Kota was on October 17, 1985, by which the petitioners were remanded upto October 31, 1985, though the period of 90 days was to expire on October 29, 1985, since after the date of their arrest. It is also admitted that charge-sheet was submitted on October 29, 1985, i.e. before expiry of 90 days. On the date the charge-sheet was submitted the accused were not forwarded to the court along with the police report. It is also admitted that documents under Section 167 Cr.PC were also not given on this date. The short question, therefore, raised is that whether ...
Ganesh Giri Vs. State of Rajasthan
Court: Rajasthan
Decided on: Apr-09-1986
Reported in: 1986WLN(UC)239
Shyam Sunder Byas, J.1. Accused Ganesh Giri was convicted under Section 302, IPC and sentenced to imprisonment for life with a fine of Rs. 500/-, in default of the payment of fine to further undergo three months' rigorous imprisonment by the learned Additional Sessions Judge, Sirohi by his judgment dated June 30, 1981. The accused has come-up in appeal and challenges his conviction.2. In succinct, the prosecution case is that PW 9 Dariya Giri alias Inder Giri is the son-in-law of the deceased-victim Bheek Puri. Bheek Puri had no issues other than his daughter married to Dariya Giri. Dariya Giri was, therefore, living with Bheek Puri in his village Udwadiya as his resident son-in-law (GHAR JANWAl). Dariya Giri had a brother by name Shokh Giri. The accused is the son of Shokh Giri and, thus, the real nephew of Dariya Giri. When the accused was nearly of five years in age, his father Shokh Giri passed away and on his death, his mother contracted second marriage. There, thus, remained none...
Bhom Raj and anr. Vs. Devi Singh Bhati
Court: Rajasthan
Decided on: Apr-08-1986
Reported in: AIR1987Raj24; 1986(2)WLN40
ORDERM.C. Jain, J.1. This order will dispose of the application for amendment of the Election Petition, presented by the petitioners today, reply whereof has already been filed.2. The application for amendment was presented, as objections were raised at the time of recording of the examination-in-chief of the petitioner Bhom Raj yesterday and so, time was sought for submission of the application for amendment. The petitioners have sought amendment in the heading of Cols. 2, 4 and 5 of Schedule 1 annexed with the petition. Besides that, the words 'to the voters' are sought to be added after the words 'polling stations' occurring in para 11 of the Election Petition.3. I may extract the relevant paras 11 and 12 for the proper understanding of the amendments, which are being sought by the petitioners. Paras 11 and 12 of the Election Petition are reproduced hereunder :--'11. That Anns. 1 and 2 were widely distributed, published in the entire Constituency on the night intervening 4th and 5th...
NaraIn S/O Bishna Vs. Kani Bai Wd/O Bheru
Court: Rajasthan
Decided on: Apr-08-1986
Reported in: 1987(1)WLN51
Panna Chand Jain, J.1. This appeal is directed against the judgment dated 17th February, 1976 passed by the learned Addl. District Judge, Jhalawar, in Civil Appeals No. 27 of 1975 and 9 of 1975, dismissing the Appeal No. 9 of 1975 and maintaining the judgment of the learned Munsif & Judicial Magistrate, Aklera dated 11th October, 1975 and allowing appeal No. 27, of 1975, by which the suit of the plaintiff was dismissed.2. Briefly stated the facts of the case are that the plaintiff obtained a conditional decree against the defendants for pre-emption in respect of certain lands on 17th April, 1974. The decree provided that the defendant shall deliver possession of the suit land to the plaintiff on latter's depositing Rs. 3,000/- in the court within two months from the date of judgment and in case of default, the suit shall stand dismissed with costs. In the decree, it was also directed that Rs. 3,000/- may be paid to defendant Madan Mohan or his guardian Mangi Lal. The other relevant fac...
Smt. Anjani Vs. State of Rajasthan
Court: Rajasthan
Decided on: Apr-08-1986
Reported in: 1986WLN(UC)610
Farooq Hasan, J.1. This revision petition is directed against the judgment dated 20-11-1980 passed by learned Additional Sessions Judge No. 2 Bharatpur.2. Heard learned Counsel for the parties.3. The accused-petitioner is convicted under Section 54(C), 54(A), and 54(D), on the basis of the report filed by the Excise Inspector with this allegation that on 14-11-1976. raid was given in the house of the petitioner and on search of the house 425 ml. illicit liquor was found in possession of the petitioner. After recording the evidence and hearing the learned Munsif and Judicial Magistrate, Bayana found the petitioner guilty and passed the sentence against her. Aggrieved by this order of conviction an appeal was filed but without any success.4. The learned Counsel for the petitioner did not argue the case on merits. He merely submitted that the accused petitioner is an old lady. At present her age is about 69 years. A small quantity of liquor is found in her possession. The case is pending ...
Roshan and ors. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Apr-08-1986
Reported in: 1986WLN(UC)715
Farooq Hasan, J.1. This is an appeal against the judgment dated 11-9-1976 passed by the Additional Sessions Judge Sawai Madhopur, Camp at Gangapur City in Sessions case No. 76/75 (95/75) whereby he has convicted the accused appellants under Section 302/149 IPC and sentenced them to life imprisonment and a fine of Rs. 50/- each. The accused-appellants arc also convicted and sentenced under Sections 148, 147, 323 IPC.2. The brief facts are that PW 1 Om Prakash lodged a verbal report Ex.P. 3 at Police Station, Mahuwa. It has been alleged in that report on 10-7-1975 at 7 or 7.30 a.m. deceased Ghamandi, father of the informant had been ploughing his field. At that time Smt. Kampoori PW 2 was also there on the field and one Ram Lal was also helping the deceased in ploughing the field. It has been further alleged in the report that the informant also reached the field where the deceased Smt. Kampoori and Ram Lal were ploughing the field. At that time the accused-appellants along with Mst. Bho...
Mst. Salma Vs. Mohammed Iqbal
Court: Rajasthan
Decided on: Apr-08-1986
Reported in: 1986WLN(UC)711
Kishore Singh Lodha, J.1. This is a wife's application under Section 482, Cr. PC against the order of the learned Addl. Sessions Judge, Bikaner, dated 9-10-1985 by which he upheld the order of the Munsif and Judicial Magistrate, Bikaner, refusing maintenance to her although by the same order the learned Addl. Sessions Judge had partly allowed the revision and granted a maintenance of Rs. 80/- p.m. to the son.2. The petitioner Smt. Salma was married to the non-petitioner Mohammed Iqbal in May, 1978 and a son was born out of this wedlock in July, 1979. The non-petitioner had gone to South Arabia in June, 1979 and in his absence his parents did not look after the petitioner and therefore,she went away to her parent's house. Even after the return of the non-petitioner from South Arabia, he did not care to call her back and the did not provide for her maintenance and thus neglected her, An application under Section 125 Cr. PC was earlier filed in November, 1980 where upon the parties compro...
Mohan Lal Vs. Smt. Radha Kumari and ors.
Court: Rajasthan
Decided on: Apr-07-1986
Reported in: 1986(2)WLN23
Panna Chand Jain, J.1. This appeal under Section 96 of the Code of Civil Procedure is directed against the judgment and decree dated 2nd March, 1979, passed by the learned Addl. District Judge No. 3, Jaipur City, Jaipur, in Civil Suit No. 89/1974 (59/1971).2. Briefly stated the facts of the case are that the plaintiff is the owner of Plot No. F-170, situated in Ashok Nagar Gautam Marg, Jaipur. On this plot, there is a building having ten rooms, six on the ground floor and four on the first floor. There is also a garage attached to the building. This building was leased out to Smt. Radha Kumari for the purpose of running a school on on 15th August, 1960, on a monthly rent of Rs. 240/-. A suit was filed against Smt. Radha Kumari for eviction in the Court of Civil Judge, Jaipur City, Jaipur on 15th February, 1968. The defendant contested the suit and contended that with effect from 1st April, 1965, she was no more a tenant and the tenant is respondent No. 4, Rastriya Vidya Niketan Sikshan...
Roopa Vs. Rajasthan Tourism Development Corporation Ltd. and anr.
Court: Rajasthan
Decided on: Apr-07-1986
Reported in: 1986(2)WLN195
Suresh Chandra Agrawal, J.1. In this writ petition, the petitioner, Roopa, has challenged the Award (Annexure 4) dated 11th October, 1984 made by the Labour Court, Jaipur to the extent the Labour Court has denied back wages to the petitioner while ordering his reinstatement in service.2. The petitioner was employed as Chowkidar in Swagat Paryatan Vishram Grah, Station Road, Jaipur, which is one of the units of the Rajasthan Tourism Development Corporation (here in after referred to as 'the Respondent Corporation') Jaipur. He was appointed on the said post on 19th April, 1982. The services of the petitioner were terminated with effect from 1st February, 1983. The said termination of the services of the petitioner gave rise to an industrial dispute and the State Government, by order dated 2nd January, 1984, referred for adjudication to the Labour Court the dispute as to whether the termination of the services of the petitioner by the General Manager of the respondent Corporation was vali...
Ram NaraIn Verma Vs. State of Rajasthan
Court: Rajasthan
Decided on: Apr-07-1986
Reported in: 1986(2)WLN558
Suresh Chandra Agrawal, J.1. This writ petition relates to the appointment to the post of Head Master of Secondary School which post is governed by the Rajasthan Educational Service Rules, 1970(here in after referred to as 'the Rules').2. The petitioner obtained his B.A Degree from the Rajasthan University in 1971 and the degree of Shiksha Shastri from the Rajasthan University in the year 1973. He was initially appointed as IIIrd Grade teacher on 5th February, 1974 in the Primary and Secondary Education Department of Rajasthan. He was subsequently promoted to the post of IInd Grade teacber by order dated 22nd Sept., 1978.He was confirmed on the post of IInd Grade teacher by order dated 13th Feb. 1982. Some posts of Head Masters, Secondary School came to be advertised by the Rajasthan Public Service Commission, Ajmer (here in after referred to as 'the Commission') vide advertisement No. 1/84-85 published in the Rajasthan Patrika dated 2nd May, 1984. The qualifications which were prescri...
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