Rajasthan Court January 1987 Judgments
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Umesh Chandra Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jan-07-1987
Reported in: 1987(2)WLN427
Milap Chandra Jain, J.1. These two appeals arise out of the judgment dated 22-7-1978, whereby the learned Additional Sessions Judge, Udaipur convicted the appellant Umeshchandra in Appeal No. 271 of 1978 under Section 307, I.P.C. and sentenced him to three years' rigorous imprisonment and to pay a fine of Rs. 1000/-, in default of payment of fine to further undergo six months' simple imprisonment and he further convicted the appellant Manju in Appeal No. 275 of 1978 for the offence under Section 324, I.P.C. and sentenced him to one year's rigorous imprisonment and to pay a fine of Rs. 500/-. in default of payment of fine to further undergo three months simple imprisonment.2. The occurrence in this case is stated to have taken place on 3-5-1977 between 9-30-10.00 p.m. near the police station Surajpol in the city of Udaipur. It is said that some incident had taken place with the complainant Jabbar Khan's son Nawab Khan, which was reported by Nawab Khan to his father Jabbar Khan. Thereupo...
Shambhu Singh Vs. Rajasthan State Road Transport Corporation
Court: Rajasthan
Decided on: Jan-07-1987
Reported in: 1987WLN(UC)222
Ashok Kumar Mathur, J.1. Petitioner by this writ petition has challenged the order dated 5-12-80 (Annx. 4) and order dated 2-12-80 (Annx. 5) petitioner was appointed as Conductor in the Rajasthan State Road Transport Corporation (here in after referred to as the Corporation) on temporary basis by the order dated 1-9-1979 petitioner came to know that his services are likely to be terminated on account of overage on the dale he was given appointment. Therefore, he made an application to the Chairman of the Corporation praying that his upper age may be relaxed so as to regularise the appointment. The Chairman passed the order stating that the work of the petitioner is satisfactory and hence he finds no objection to the age limit being relaxed. But Divisional Manager by his order dated 25-9-1980 terminated the services of the petitioner with one month's notice. This order was superceded vide order dated 14 10-1980 in view of the Chairman's order. By the order dated 16-10-1980, petitioner w...
Ambe Prasad Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Jan-07-1987
Reported in: 1987WLN(UC)142
Navin Chandra Sharma, J.1. Ambe Prasad Jaiman has invoked the inherent jurisdiction of this Court under Section 482 Cr. PC to quash the order of the Judicial Magistrate No. 6 Jaipur City dated 18th September, 1986 framing charge against the petitioner and some others under Section 495, Indian Penal Code.2. I have heard Shri Virendra Bandhu. learned Counsel for the petitioner and Shri S.C. Sharma, the learned Public Prosecutor.3. Facts in brief are that on April 27, 1963 Rajkumar Gaur, father of Sangeeta lodged FIR at Police Station Jawahar Nagar, Jaipur to the effect that Sangeeta was his daughter and that he wanted to marry her. Smt. Mirdula Sharma was a neighour living in flat No D-83 Patrakar Colony Jawahar Nagar and Sangeeta and Mridula Sharma used to meet each other. The initiative was taken by Smt. Mridula Sharma in February, 1983 and she gave out that the petitioner Ambe Prasad Jaiman can be a good boy for matrimonial alliance with Sangeeta. On April 22, 1983 the marriage betwee...
Pesticides India and anr. Vs. Assistant Collector of Central Excise an ...
Court: Rajasthan
Decided on: Jan-06-1987
Reported in: 1987(30)ELT651(Raj); 1987(1)WLN370
K.S. Lodha, J.1. These two writ petitions involve a common questian of law and arise out of similar facts and, therefore, they are being disposed of by a common order.2. The petitioners in both the cases are licencees of private bonded warehouses under Section 58 of the Customs Act, 1962 (No. LII of 1962) (hereinafter referred to as 'the Act') and now their licences have been threatened to be cancelled/or renewal refused by the Assistant Collector, Central Excise, Udaipur on the ground that now public bonded warehouses have already been constructed by the Warehousing Corporation of India and, therefore, the private bonded warehouses should not be allowed to continue. It is on account of this invasion of their rights to hold the private bonded warehouses, that the petitioners have come up before this Court. The private bonded warehouses of petitioner No. 1 is situated at Udaisagar Road and that of petitioner No. 2 at Fatehpura crossing, Nathdwara Road, at Udaipur, which have been declar...
Govind Sahai Vs. Prem Devi
Court: Rajasthan
Decided on: Jan-06-1987
Reported in: 1988CriLJ638; 1987(1)WLN210; 1989WLN(UC)510
ORDERNavin Chandra Sharma, J.1. This is a petition by Govind Sahai under Section 482, Cr.P.C. for quashing the order of the Judicial Magistrate First Class, Malpura issuing a warrant to the employer of the petitioner for deducting an amount of Rs. 500/- from the salary of the petitioner every month and to remit the same to the Court and also further to deduct an amount of maintenance amounting to Rs. 10,000/- and also to remit this instalment amount to the Court.2. Facts, in brief, are that Smt. Prem Devi non-petitioner filed an application for grant of maintenance under Section 125, Cr.P.C. on Mar. 21, 1984 before the Judicial Magistrate Malpura Ultimately the Judicial Magistrate by his order dated Nov. 22, 1984 allowed an amount of Rs. 300/- as maintenance for Smt. Prem Devi and Rs. 20 per month for her daughter. The petitioner had filed application under Section 482, Cr.P.C. before this Court against the said order which was dismissed on April 18. 1985. On Dec. 12, 1985 Prem Devi no...
Sanwarmal and anr. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jan-06-1987
Reported in: 1987(1)WLN153
Mahendra Bhushan Sharma, J.1. The learned Chief Judicial Magistrate, Jaipur under his judgment dated February 27, 1979 convicted each of the accused-petitioners Sanwarmal and Jitendra Singh under Section 7/16(1)(a) of the Prevention of Food Adulteration Act, 1954 (for short 'the Act') and sentenced each of the accused-petitioner to undergo one year rigorous imprisonment and to pay a fine of Rs. 2000/-. In default of payment of fine, each of the accused-petitioner was further to suffer six months simple imprisonment. The accused-petitioners filed an appeal in the Court of learned Sessions Judge, Jaipur City, Jaipur which was transferred to the Court of learned Additional Sessions Judge, No. 2, Jaipur City, Jaipur. The said Judge under his judgment dated June 10, 1981 dismissed the appeal so far as the conviction of the accused-petitioners is concerned but reduced the sentence to six months rigorous imprisonment and to pay a fine of Rs. 1000/- and in default of payment of fine to further...
Shanti Lal Vs. Roshan Lal and anr.
Court: Rajasthan
Decided on: Jan-06-1987
Reported in: 1987(1)WLN424
Gopal Krishna Sharma, J.1. This second appeal has been preferred against the judgment of the Addl. District Judge, Udaipur dated 4-4-1975, by which he set aside the judgment & decree passed by the Additional Civil Judge, Udaipur dated 14-4-1966.2. The appellants filed a suit for pre-emption with regard to one Ora and part of Patsal which have been shown as 'kha' and 'Gha' in the map attached with the plaint. According to the map submitted with the plaint the portion shown in yellow colour belongs to defendant Roshan Lal and on the North of this house the Ora 'Kha' exists and part of Patsal 'Gha' have been shown in red colour. Beyond this Ora and Patsal there is house of the plaintiff which has been shown in light pink colour. It is not disputed that the parties are co-sharers in the property in question. The Ora 'Kha' and part of Patsal 'Gha' were sold by Dayal Singh defendant No. 2 to Roshan Lal defendant No. 1 on 29-8-1961 for a sum of Rs. 500/-. This disputed property is situated at...
Sarnam Singh Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jan-06-1987
Reported in: 1987(2)WLN581
Surendra Nath Bhargava, J.1. Mahesh Chand son of Ramcharan who was at the relevant time aged about 19 years was heroine of a 'Nautanki' party of which Sarnamsingh petitioner was also a member. Parents of Mahesh Chandra did not like that their son should go astray and asked him to leave the Nautanki Mandli. It seems that Sarnamsingh was worried about the heroine leaving the Nautanki Mandli and consequently on June 23 1980, he took Mahesh Chandra to his house and insisted upon him not leave the Mandli, On refusal of Mahesh Chandra to continue to be member and heroine of the Mandli, the petitioner chopped off the nose of Mahesh Chandra from his face and for that he was prosecuted in the court of the learned Chief Judl. Magistrate, Dholpur who helped him guilty for the offence under Section 326 I.P.C. and sentenced him to rigorous imprisonment for 3-1/2 years and to a fine of Rs. 100/- and in default of payment of fine to a further rigorous imprisonment for a term of one month. The period ...
Barishal Singh Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jan-06-1987
Reported in: 1987(2)WLN179
Shyam Sunder Byas, J.1. Accused Barishal Singh has come up in appeal to challenge his conviction He was convicted under Section 302, IPC and sentenced to imprisonment for life along with a fine of Rs. 300/-, in default of the payment of fine to further undergo six months rigorous imprisonment by the learned Sessions Judge, Balotra, vide his judgment dated October 31, 1981.2. The prosecution case, which is short and simple, may briefly be stated as under. PW 4 Kishore singh is the real brother of the deceased-victim Phoosa. The appellant is the son of their another brother Chainsukh. The three brothers have a field in Mauja Aklpura P.S. Gudda Malani district Barmer. They were cultivating it in separate portions though it was recorded as joint in their names in the revenue records, Phoosa wanted to sell his portion to one Bhanwara. This was resented to by the appellant. The said negotiation annoyed and irked him. At about 11.30 a m on April 10, 1981, Phoosa was going to his Dhani with a ...
Megha Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jan-06-1987
Reported in: 1987WLN(UC)214
Ashok Kumar Mathur J.1. This jail appeal is directed against the judgment of the learned Sessions Judge, Balotra dated 1-11-1975.2. The facts giving rise to this case are that on 22-7-1975 at 5 a.m. a complaint was filed by complainant Kachhaba s/o Veerma by caste Darji resident of village Khari at Police Station Gudamalani that on the previous day when he was cultivating his field one Dansingh of village Khari informed him that Nanga son of Gaga was beaten to death by Megha s/o Suja. Since Gaga father of the deceased was not at the house therefore Dansingh Information him that Gaga's wife has called him immediately. On this Kachhaba immediately rushed to the Dhani of Gaga and he found that deceased Nanga was lying on a coat. He was informed that the deceased was cultivating his field and he was belaboured by the accused Megha. This was seen by Pyari PW 3 and she shouted for help and at that time PW 1 Mst. Indra mother of the deceased & PW 2 Dhapu immediately reached at the scene of oc...
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