Rajasthan Court July 1986 Judgments
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Naniya Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jul-10-1986
Reported in: 1986WLN(UC)332
Sobhag Mal Jain, J.1. This appeal by the accused is directed against the judgment dated the 2nd August, 1978, of the Sessions Judge, Pratabgarh, convicting and sentencing the accused-appellant for the offence under Section 326 IPC to 1-1/2 years' of rigorous imprisonment and a fine of Rs. 100/-, and in default of payment fine to one month's further rigorous imprisonment.2. The accused was tried for the offence under Section 307, IPC for causing injuries to Nagji Ram, his uncle on August 31, 1977 on the way between village Timarwa and Pratabgarh. The prosecution story, in brief, was that a couple of days before the incident some cattle had entered into the field of Nagji Ram in Manohargarh and caused damage to his crop of rice. He suspected that Naniya accused was responsible for this. On the date of the occurrence, Nagji Ram was returning from his brother Krishna's house and when he was on the Pratabgarh-Banswara Road, Naniya accused met him on the way. It was about sun-set. The accuse...
Shankaria Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jul-10-1986
Reported in: 1986WLN(UC)452
Sobhag Mal Jain, J.1. This appeal is directed against the judgment dated 25th May, 1981, of the Sessions Judge, Balotra, convicting and sentencing the accused for the offence under Section 326 IPC to one year's rigorous imprisonment and a fine of Rs. 100/-, in default of paymant of fine to two months simple imprisonment and under Section 456 IPC, six months' rigorous imprisonment and a fine of Rs. 100/-, in default of payment of fine to one month's simple imprisonment. Both the sentences have been ordered to run concurrently. The accused has already served out the sentence. He was arrested on December 24, 1980 and remained in custody during the trial and even after conviction.2. The case relates to the incident, which took place on the night intervening 22nd and 23rd December, 1980 at the house of Smt. Chunni.3. The prosecution story, in brief, was that Smt. Chunni was sleeping in a Jhumpa when the accused came there with an axe in his hand. The shutters were closed from inside but the...
Hukma and ors. Vs. Narendra Kanwar and ors.
Court: Rajasthan
Decided on: Jul-10-1986
Reported in: 1986WLN(UC)642
Inder Sen Israni, J.1. This is Civil Misc. Appeal under Order 43, Rule 1 CPC against the judgment of learned Civil Judge, Jaipur District, Jaipur dated 24-3-1975 in Civil Misc. Appeal No. 45/71 reversing the judgment of learned Munsif, Jaipur District dated 20th May, 1971 in civil suit No. 141/66 in a suit for possession and injunction. The plaintiff-respondents filed a suit against, the defendant alleging that there was a garden consisting of 2 bighas and 15 biswas of land, situated in Ajmer, popularly known as 'Duniwalon-ke-bag.' It was alleged that the land belonged to the ancestors of the plaintiffs and after resumption of their Jagir, it remained as their personal property. It was further mentioned that the Theka of said garden was given to the defendant since 1954 and was extended from time to time. Last Theka was given on 1-4- 957. The defendant did not pay the amount of Theka as such a suit was filed in the court of Munsif Jaipur, District Jaipur in which the defendant filed wr...
Ratan Lal Sharma Vs. the Secretary to the Government, Forest Departmen ...
Court: Rajasthan
Decided on: Jul-09-1986
Reported in: AIR1987Raj129; 1986(2)WLN651
ORDERM.B. Sharma, J. 1. The main contention of the learned counsel for the petitioner a holderof mining lease of 'Cheja Pather', in challenging the action of the non-petitioner is that the mining lease had been sanctioned to the petitioner before coming into force of the Forest (Conservation) Act, 1980 for short the 'Act' and as such, Section 2 of the Act will not apply. 2. A mining lease of 'Cheja Fatthar' for an area measuring 70 X 70 Sq. Meters was sanctioned to one Panchu Ram s/o late Shri Ram Sahai Mali, respondent of Gandhi Nagar Choraha, Jaipur, under the order dt. 27th Sept. 1980 by the Mining Engineer Jaipur. The lease holder Panchu Ram was required to pay an yearly dead rent under the Minor Mineral Concession Rules, 1977. The period of lease was 10 years. Later with the permission of the Mining Department the lease was transferred by the lease holder to the petitioner and the transfer deed was registered on 18-8-1984. Thereafter the petitioner has been excavating the mineral ...
Smt. Bhonri and ors. Vs. Shambhu Nath and ors.
Court: Rajasthan
Decided on: Jul-09-1986
Reported in: AIR1987Raj180; 1986(2)WLN653
G.N. Bhargava, J.1. This is a defendant's second appeal against the judgment and decree passed by the Additional District Judge No. 2, Jaipur City, dismissing the appeal and confirming the judgment and decree passed by the Munsif Jaipur City (East).2. It is not necessary to deal with the facts of the case except saying that the trial Court by its judgment dated 24-9-71 decreed the suit of the plaintiff Bholanath, for possession, demolition and perpetual injunction.3. Bholanath expired on 5-10-71. The defendant, Pooranmal feeling himself aggrieved from the judgment of the trial court, preferred an appeal before the District Judge, Jaipur City, Jaipur, impleading Shambhunath, Laxmidevi, and Poonadevi ; son, widow, and daughter, respectively of Bholanath (plaintiff) as respondents. The appeal was filed on 3-12-71. On 10-5-72, one of the respondents, Sambhunath, filed an application stating that all the legal representatives of Bholanath have not been brought on record, and Sitadevi, Devip...
State of Rajasthan Vs. Ramesh Kumar
Court: Rajasthan
Decided on: Jul-09-1986
Reported in: 1986(2)WLN517
Sobhag Mal Jain, J.1. This appeal on leave granted by this Court under Section 378(iii) of the Code of Criminal Procedure on September 21, 1978 is directed against the judgment dated 18th February, 1978, of the Chief Judicial Magistrate, Sirohi, acquitting the accused-respondent of the offence under Section 16(A)(1) of the Prevention of Food Adulteration Act, 1954.2. When the above appeal came up for hearing, a preliminary objection was raised by the learned Counsel for the respondent that in this case the authority to file the complaint was given by the Collector and District Magistrate, Sirohi, to Shri Shivshankar Gaur, Food Inspector, Sirohi, but the complaint in the case was submitted in tli2 Court not by Shri Shivshanker Food Inspector, but by the Assistant Public Prosecutor, Sirohi, and, therefore, the trial itself had vitiated. In support of his contention, he has relied on the cases The State Rajasthan v. Jai Narain 1984 RCC 28 and Sadra v. The State of Rajasthan 1984 RCC 301. ...
Badri Lal S/O Bhanwar Lal Vs. Smt. Suraj Kanwar (Deceased) Represented ...
Court: Rajasthan
Decided on: Jul-09-1986
Reported in: 1986(2)WLN682
Surendra Nath Bhargava, J.1. This is defendant's second appeal against the judgment and decree passed by the Civil Judge, Bundi, accepting the appeal and setting aside the judgment and decree passed by the Munsif, Bundi and decreeing the plaintiff's suit for declaration that the Will executed by the deceased Jagannath on 21-6-1966 in favour of Badrilal (defendant appellant) was invalid.2. Smt. Suraj Kanwar (plaintiff) filed the present suit stating that she is the validly married wife of Jagannath who is alleged to have made a Will on 21-6-1966 in favour of Badrilal depriving her from the ancestral property of the Joint Hindu Family.3. The suit was contested on several grounds and the trial Court on the pleadings of the parties framed as many as 9 issues, and held that the 'Will' was duly executed by Jagannath and is effective.4 On appeal, the learned Civil Judge, Bundi, set aside the judgment and decree of the trial Court and held that the 'Will' dated 21-6-1966 by Jagannath in favour...
Radha Kishan Sharma and ors. Vs. Rajasthan Financial Corporation and a ...
Court: Rajasthan
Decided on: Jul-08-1986
Reported in: 1986(2)WLN561
Mahendra Bhushan Sharma, J.1. As common question of fact and law is involved in these three writ petitions it will be proper to deal with them together. The writ petitions are therefore being disposed of by a common order. The terms and conditions of the employees of the Rajasthan Financial Corporation (for short, the Corporation) are governed by the Rajasthan Financial Corporation (Staff) Regulations, 1958 (for short, the Regulations) framed by the Board of Directors of the Corporation after consultation with the Reserve Bank of India and with the previous sanction of the Government of Rajasthan. The respondents published an advertisement in the Rajasthan Patrika dated July 10, 1978 for the posts of Junior Assistant/Typists and apprentices. Ail the three petitioners applied for the said posts. They appeared for interview/test on Sunday, 10th September, 1978 at 11 a.m. in the Head Office of the Corporation at Surya Niwas C/18 Bhagwandas Road, Jaipur. As a result of the type test and th...
Lodha Fabrics and anr. Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Jul-04-1986
Reported in: [1988]68STC145(Raj)
A.K. Mathur, J.1. In all these writ petitions common question of fact and law are involved, therefore they are disposed of by a common order.2. In all these writ petitions, the petitioners are doing the business of dyeing and printing of cloth at Pali. For the purpose of disposal of these writ petitions the facts of S.B. Civil Writ Petition No. 1872 of 1985 (Lodha Fabrics, Pali v. State of Rajasthan) are taken into consideration.3. All these writ petitions have been directed against the assessment orders by the Commercial Taxes Officer. At the outset the question is that whether such writ petitions should be entertained or not. Mr. K.C. Bhandari, learned Counsel for the Revenue, has brought to my notice that it is settled proposition of law which has been laid by their Lordships of the Supreme Court repeatedly that under the taxing statutes when complete machinery has been created then extraordinary jurisdiction should only be involved in extraordinary circumstances. In normal course t...
Bhera Ram Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jul-04-1986
Reported in: 1986(2)WLN472
Sobhag Mal Jain, J.1. The appellant stands convicted and sentenced under Section 302 IPC to imprisonment for life for committing the murder of his wife Smt. Sukhi.2. The prosecution case, in brief, was that on the night of January 1, 1980, the accused and his wife Smt. Sukhi had gone to sleep in Jhumpa (hut) in the Gawari of his parents as usual. In the morning, the following day i.e. January 2, 1980, they were found missing. Several persons, including Deepa Ram and Surja Ram were sent in search for them. Deepa Ram and Surja Ram, came to Jodhpur and found the accused there at the railway station. They enquired the accused about the where abouts of his wife. The accused told them that she was at the house of her parents. They brought the accused to their village Bhewra. His parents and other people from the village were present. The accused was again asked as to where he had taken his wife. He then confessed that he had killed her and thrown her body in the well of Shiv Narain Purohit. ...
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