Rajasthan Court January 1987 Judgments
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Bhagwan Das Bhargava Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jan-15-1987
Reported in: 1987(2)WLN459
Navin Chandra Sharma, J.1. Facts leading to this petition are that the Special Police Establishment Jaipur had filed a charge sheet against the petitioner and Ashok Kumar Bhatnagar alleging that they had committed offences under Section 420, 468, 471 read with Section 120B, I.P.C. This charge sheet was submitted in the court of the Additional Chief Judicial Magistrate (SPE) cases), Jaipur on August 29, 1986. On that date the petitioner Bhagwandas Bhargava and the other co-accused Ashok Kumar Bhatnagar were present in the court. They filed a bail application which was accepted and the petitioner and the other co-accused were ordered to be released on bail on their furnishing surety of the amount of Rs. 5,000/- and a personal bond for appearance in that court. The case was then adjourned to November, 5, 1986 for hearing of arguments on the question of framing the charge. Before that date, Bhagwandas filed the present petition in this Court on October 27, 1986. In this petition, the petit...
Har NaraIn Vs. Nagami Lal
Court: Rajasthan
Decided on: Jan-15-1987
Reported in: 1987WLN(UC)770
Guman Mal Lodha, J.1. This is a civil revision against the order dated 20-1-1982, passed by Civil Judge, Ajmer, in Civil Suit No. 53/81.2. Mr. Soral's contention is that in a suit under Order 37, Rules 1 and 2, CFC, once the court comes to the conclusion that the issues raised by defence were triable and there was no finding of malafide or the defence being frivolous, then the court could not impose the condition of surety for permitting the defendant to defend the case. According to Mr. Soral this principal has been laid down in M/s Machalee Engineers & Manufacturers v. M/s Basic Equipment Corporation 0043/1976 : [1977]1SCR1060 .3. Mr. Rastogi has raised many points. His first contention is that the suit has been decreed and the revision petition has become infructous. In reply to this Mr. Soral has referred to the judgment of Delhi High Court in Shri Kirshan Bardwaj v. Manohar Lal Gupta : AIR1977Delhi226 , in which it has been held that once the earlier order falls then the latter or...
Sehkari Upbhokta Wholesale Bhandar Ltd. Vs. Pannalal Bordia and anr.
Court: Rajasthan
Decided on: Jan-14-1987
Reported in: (1988)IILLJ123Raj; 1987(2)WLN11
K.S. Lodha, J.1. Non-petitioner No. 1, Pannalal, was employed as a salesman on temporary basis on 4th September, 1979, on daily wages of Rs. 10 and was posted at the Ghee Selling Booth, No. 2, vide order annexure 1. It appears that some shortage in the stock of 'Ghee' was found and a notice was given to non-petitioner No. 1 on 29th September, 1980, for depositing the amount of Rs. 6,813 on account of that shortage along with 15% interest. Later, however, the petitioner, Sehkari Upbhokta Wholesale Bhandar Limited, Bikaner, had to close down the department of purchase and sale of 'Ghee' on account of recurring losses and on account of that closure, the services of non-petitioner, Pannalal, were terminated by notice dated 11th December, 1980, on the expiry of a month from the date of service of this notice. Non-petitioner, Pannalal, thereupon, raised an industrial dispute, which was, ultimately, referred to the Labour Court by the State Government. Further notice was issued in the meantim...
Mohan Ram and ors. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jan-14-1987
Reported in: 1987(2)WLN186
Shyam Sunder Byas, J.1. The appeal is directed against the judgment of the learned Sessions Judge, Churu dated November 25, 1980 convicting the four appellants Chhotu Ram, Mohan Ram, Sohan Ram and Ratna Ram under Sections 302/34, 325/34 and 448, IPC and sentencing each of them to imprisonment for life with a fine of Rs. 500/-, on the first count, two years rigorous imprisonment with a fine of Rs. 500/- on the second count and three months' simple imprisonment on the last count. Substantive sentences were directed to run concurrently.2. Succinctly stated, the prosecution case is that the appellants are the real brothers of PW 2 Tulsa Ram. PW 1 Gelu Ram is the son and PW 4 Smt. Nathi is the wife of Tulsa Ram. The parties are residents of village Gaajsar P.S. Churu. Tulsa Ram purchased an agricultural field long ago and was cultivating it. The appellants demanded a share in it and Tulsa Ram refused to oblige them. This sowed the seeds of discordance between him and the appellants The appe...
Raja Laxman Singh Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jan-13-1987
Reported in: AIR1988Raj44; 1987(2)WLN598
D.L. Mehta, J. 1. This appeal is directed against the judgment and decree passed by the learned Addl. District Judge No. 1 in Civil Suit No. 47/73, dated 31st March 1975. The plaintiff instituted a suit for the recovery of Rs. 12,337 on account of arrears of rent and damages for the wrongful act of the defendants plaintiff (respondent?), the property was leased to the State of Rajasthan through the Commissioner, Commercial Taxes Department at the rate of Rs. 700/-per month w.e.f. 27-6-1964. 2. Consequently, a part of the property, namely, the Swimming Pool was taken back by the landlord and the rent was reduced to Rs. 667/-. The plaintiff in para 5 of the plaint has stated that the Commercial Taxes Department was most reckless in installing two ceiling fans in a double storey house in the first floor in the month of May/June, 1969. It has been further stated that installation of two ceiling fans affixed on the roof of the hall fell down. It was further alleged that the fixation of the ...
Mohd. Umar Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jan-13-1987
Reported in: 1989WLN(UC)504
N.C. Sharma, J.1. This is a revision by Mohammad Umar against the judgment of the Additional Sessions Judge No. 1, Baran dated August 9, 1982 passed in criminal appeal No. 164 of 1981 of his Court whereby the said Judge confirmed the conviction and sentence dated September 1, 1981 passed by the Judicial Magistrate, Baran in criminal case No. 274 of 1977 convicting the petitioner under Section 17 read with Section 16 of the Rajasthan Prevention of Food Adulteration Act, 1954 (for short here in after the 'Act') and sentenced him to undergo six months' rigorous imprisonment and to a fine of Rs. 1000/ and in default of the amount of fine to further undergo one month's imprisonment.2. Facts leading to the filing of this revision are that the petitioner Mohammad Umar carries on the business in grocery and edible oil in Talab Pada Baram. On November 28, 1975 Amarlal, Food Inspector Baran went to the shop of the petitioner, found that the petitioner was selling edible oil and species. He suspe...
Yogendra Sharma Vs. NaraIn Das and ors.
Court: Rajasthan
Decided on: Jan-13-1987
Reported in: 1988(1)WLN214
Mohini Kapoor, J.1. A learned Judge of this Court, has by his order dated March 19, 1986, observed that there appears to be a conflict of opinion between judges sitting singly and it has become necessary to constitute a larger bench to resolve this conflict. Upon this order a larger bench has been constituted and it has come up before us to answer the questions which have been framed by the learned Single Judge. The points, which have been referred are as under:(i)Whether in a suit for eviction on the sole ground of default as contemplated under Section 13(1)(a) of the Rajasthan Premises (Control of Rent and Eviction) Act, if the tenant deposits the amount determined by the Court under Sub-section (3) of Section 13 of the Act within time whether it is necessary for the tenant thereafter to continue to deposit monthly rent till the disposal of the suit?(ii) Whether in a suit the tenant deposits the amount determined under Section 13(3) of the Act under the earlier part of the Sub-sectio...
Ram Kumar Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jan-13-1987
Reported in: 1987(1)WLN497
Panna Chand Jain, J.1. This criminal appeal is directed against the judgment and order dated 20th December, 1986, passed by the learned Sessions Judge, Bundi, in Sessions Case No. 136/1986, where by he convicted the appellant under Section 304-11, I.P.C. and sentenced to five years' rigorous imprisonment and a fine of Rs. 500/- and in default of payment of fine to further undergo rigorous imprisonment for six months. The learned Sessions Judge refused to grant benefit of probation under Section 6 of the Probation of Offenders Act, and Section 360, Cr. P.C. As a consequence where of the accused-appellant has preferred this appeal under Section 11 of the Probation of Offenders Act (in short as Act).2. The facts of the case lie in a narrow compass. The appellant was convicted by the learned Sessions Judge, Bundi for the offence under Section 304-11, I.P.C., against which an appeal was preferred to this Court. This Court vide its judgment dated 22nd January, 1986, dismissed the appeal of t...
Beg Raj and anr. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jan-13-1987
Reported in: 1987(2)WLN311
Ashok Kumar Mathur, J.1. This appeal is directed against the judgment of the learned Additional Sessions Judge, Nohar dated 29-8-1981 where by the learned Additional Sessions has convicted accused Begraj under Section 302 1PC. He also convicted accused Sukharam under Section 302 read with Section 34 I.P.C. and sentenced them to life imprisonment and a fine of Rs. 1000/- each and in default of payment of fine to undergo six moth's simple imprisonment. Both the accused have also been convicted under Section 447 I.P.C. and Section 27 of the Arms Act and sentenced to one month's simple imprisonment and Rs. 100/- each as fine and in default of payment of fine to undergo 15 days simple imprisonment under Section 447 I.P.C. and three months simple imprisonment under Section 27 of the Arms Act.2. Rest of the three accused persons, namely, Rameshwar, Ram Chandra and Hem Raj have been acquitted by the learned Additional Sessions Judge, Nohar.3. The facts giving rise to this case are that Jagdish...
Umesh Chandra Vs. K.G. Sooji
Court: Rajasthan
Decided on: Jan-12-1987
Reported in: 1989WLN(UC)513
N.C. Sharma, J.1. Umesh Chandra, an accused in criminal case No. 287 of 1980, pending in the court of the Chief Judicial Magistrate (Economic Offences), Jaipur by this petition invoked the inherent powers of this Court under Section 482 Cr.P.C. to quash the order of the Chief Judicial Magistrate dated May 6, 1981, whereby the said Magistrate had thought it proper to send the seized 7 biscuits shaped gold bars to the Mint for examination whether they were of pure gold.2. Facts and circumstances leading to the filing of this petition are that on January 11, 1972, at about 08.10 hours the Central Excise Party headed by Superintendent (Preventive), Central Excise, Ajmer apprehended a man with contraband gold at Nasirabad Railway Station while alighting from 72 down train. At the same time, a clue was received that another boy of a given name and description was also in possession of some contraband gold. But by this time 72 down train had already left Nasirabad Railway Station. Immediately...
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