Rajasthan Court October 1987 Judgments
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Ram Narayan Khate Vs. Jagdish and ors.
Court: Rajasthan
Decided on: Oct-20-1987
Reported in: 1988WLN(UC)91
I.S. Israni, J.1. This appeal has been filed against the award passed by the Motor Accident Claims Tribunal, Bharatpur on 18th July, 1985 where by claim of the appellants was partly allowed.2. It will suffice for the purpose of this appeal to state that the claimants filed claim petition in the trial Court in respect of the death of their son in an accident occurred on 7th February, 1982. The claim was filed on 29th May, 1982. The trial Court after recording evidence of both the parties and hearing the arguments passed an award amounting to Rs. 45 000/- along with interest at rate 6% p.a. from the date of filing of the claim petition.3. The contention of the learned Counsel Mr. Tripurari Sharma appearing for the appellants is that the claim was filed for award of Rs. 3,21,000/- but only Rs. 45,000/- have been awarded to the claimants He further points out that during the pendency of this appeal appellant No 1 Ram Narain has expired. An application Under Order 21, Rule 3, CPC dated 7th ...
Deewan Singh Vs. State of Rajasthan
Court: Rajasthan
Decided on: Oct-20-1987
Reported in: 1987WLN(UC)759
Vinod Shanker Dave, J.1. This is an application under Section 482 Cr. PC in an application under Section 451, Cr. PC rejected by the Chief Judicial Magistrate, Bharatpur.2. Brief facts are that a truck bearing Registration No. UHL 9497 registered in the name of the petitioner was seized by the police station Kotwali, Bharatpur in a case under Sections 420, 467 & 468, IPC and bearing First Information Report No. 210/1987. The petitioner moved an application for interim custody of the truck which has been refused. In fact the petitioner himself is an accused in the case as the said truck has been found having different Registration number at the time of seizure and there was tampering of the engine chesis number. The learned Chief Judicial Magistrate by a detailed order considered all the circumstances and the law and rejected the application. Since he was of the opinion that in a case where number plate and engine Plate have been changed and the vehicle is required for identification in...
Union of India (Uoi) Vs. Shivlal Tak and Vice Versa
Court: Rajasthan
Decided on: Oct-19-1987
Reported in: 1988WLN(UC)34
M.C. Jain, J.1. The above appeals arise out of the judgment and decree dated 21-4-1986 passed by the learned District Judge, Jodhpur in the proceedings under Section 14 of the Arbitration Act whereby, the Award has been made the rule of the Court.2. M/s Shivlal Tak submitted an application under Section 14 of the Act that the sole arbitrator passed the Award on 24-7-85 and that Award may be made the rule of the court. Objections were filed on behalf of the Union of India. Necessary issues were framed by the learned District Judge, Jodhpur and thereafter both the parties were heard and the learned District Judge made the Award the rule of the court and the decree for Rs. 2,99,902.46 p. was passed with costs. It was further decreed that the plaintiff M/s Shivlal Tak shall further be entitled to interest at rate of 60% per annum on the amount of Award from the date of the decree till the date of payment.3. The Union of India preferred the appeal against the principal amount awarded to the...
Gajju Alias Gajendra Vs. State of Rajasthan
Court: Rajasthan
Decided on: Oct-19-1987
Reported in: 1988WLN(UC)57
Mohini Kapoor, J.1. In a case under Section 324 IPC challan was presented against Gopal. During the pendency of the case before the learned J.M., Kekri an application was made for taking cognizance against the present petitioner namely, Gajju alias Gejendra. The trial court disposed of this application on 16-2 1983 holding that a prima facie case was not made out against the petitioner. The complainant preferred a revision petition which came to be disposed of by the Additional Sessions Judge No. 1 Ajmer on 7-2-1987 and by his order he directed that cognizance be taken against the present petitioner also for the offence under Section 394 IPC. This decision of the Additional Sessions Judge has been challenged in this petition. The contention of the learned Counsel for the petitioner is that it is not open to the court to take proceedings under Section 319 Cr. PC unless there is some material before it, besides the papers which were submitted alongwith the challan. The material contempla...
State of Rajasthan and ors. Vs. P.G. Goswami and anr.
Court: Rajasthan
Decided on: Oct-19-1987
Reported in: 1988(1)WLN17
N.C. Sharma, J.1. Crime Case No. 45 of 1986 under Sections 302, 307, 323, 324, 325, 147, 148 and 149, IPC was registered at Police Station, Takhatgarh. According to the version of the prosecution, Gajendra Singh deceased and other had murdered a person named Narsa and in that very incident Gajendra Singh himself was also murdered. During the investigation, Shri Prem Singh, Station House Officer, Police Station, Takhatgarh had seized a tractor belonging to deceased Gajendra Singh and bearing registration No. RJT 1965. On June 11, 1086 Ganpat Singh, as holder of power of attorney from Smt. Rajendra Kunwar widow of Gajendra Singh deceased made on application before the Judicial Magistrate, Sumerpur under Section 457 Cr. PC stating that on June 7, 1986, the police had seized tractor bearing registration No. RJT 1065 belonging to deceased Gajendra Singh and after the murder of the latter, Smt. Rajendra Kunwar was the owner of the tractor. It was mentioned that the police no longer required ...
State of Rajasthan Vs. Sunder Das
Court: Rajasthan
Decided on: Oct-19-1987
Reported in: 1988(1)WLN22
N.C. Sharma, J.1. Amba Lal Food Inspector, inspector, inspected the shop of Sunderdass respondent on September 18, 1975 at about 10 45 a.m. The shop of the respondent is situated in the main market of Sojat. It was found that on the shop of the respondent chillies powder was stored for sale. The Food Inspector purchased 450 grams of chillies powder from the respondent for Rs. 7.55 after giving a notice in Form VI to the respondent to have the same analysed by Public Analyst. This 450 grams of chillies powder was divided in three equal parts and filled in three clean and dry bottles. The bottles were wrapped around by paper and were sealed. One sample of chillies powder was given to the respondent. Out of the remaining two samples, one was sent to the Public Analyst, Jodhpur for chemical analysis. The Public Analyst found that the sample was adulterated as it did not conform to the prescribed standards of purity. After obtaining the permission of the Administrator, Municipal Board, Soja...
NaraIn and ors. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Oct-16-1987
Reported in: 1988WLN(UC)60
D.L. Mehta, J.1. This revision petition has been directed against the judgment dated 27th April, 1983, passed by the learned Sessions Judge, Sikar convicted all the accused under Sections 447, 147, 325 read with 140 and 323 read with 149 IPC. The learned Sessions Judge, sentenced accused Narain Lal Peerama Lal and Ram Lal, under Section 147 IPC to undergo rigorous imprisonment for one year, similarly, under Section 325 read with 149 IPC, all the above named petitioners have been sentenced to undergo one year rigorous imprisonment and fine of Rs. 200/-. As far as Section 447 IPC is concerned, one month's sentence has been awarded to all the above named petitioners and under Section 322 read with Section 149 IPC 3 months rigorous imprisonment was awarded. Rest of the petitioners have been granted advantage of Probation of Offenders Act.2. I have perused the record of the case and I do not find any force in the submissions made by the learned Counsel for the petitioners. The conviction of...
State of Rajasthan Vs. Machhar Singh
Court: Rajasthan
Decided on: Oct-16-1987
Reported in: 1987WLN(UC)549
Sobhag Mal Jain, J.1. This appeal arises on leave granted by this Court on November 24, 1978 under Section 371(3) of the Code of Criminal Procedure against the judgment dated June 19, 1978 of the Judicial Magistrare, First Class No. 2, Hanumangarh acquitting the accused for the offence under Section 54(a) of the Rajasthan Excise Act, 1950 (here in after referred to as 'the Act').2. The prosecution story in brief was that Rikhashpal Singh, Assistant Sub-Inspector of Police had gone to the Tube-well of Karnail Singh in village Talwara in connection with the investigation of case No. 141/75 on January 9, 1976. At about 3.15 p.m. he saw the accused coming from the opposite side. The prosecution case is that the accused seeing the police tried to runaway. He was however apprehended by the Assistant Sub-Inspector. On his personal search, 2 bottles of illicit liquor were recovered from him. A case was registered at the Police Station, Tibi, District Sri Ganganagar Under Section 54 of the Act....
Chittar and ors. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Oct-16-1987
Reported in: 1987WLN(UC)560
Shyam Sunder Byas, J.1. Since all these five appeals are directed against one and the same judgment of the learned Sessions Judge, Bhilwara dated April 11, 1977, they were heard together and are disposed of by a single judgment. By the impugned judgment, the appellants Chittar, Duda, Soni alias Sonnath, Lala, Bheru, Lal Mohammed alias Lala Musalman and Bahu were convicted under Section 302/149, IPC and each was sentenced to imprisonment for life. By the same judgment, they were also convicted under Section 147, IPC and sentenced to one year's rigorous imprisonment. Sentences were directed to run concurrently. The accused have come-up in appeals and challenge their convictions.2. At about 6.30 p.m. on February 20, 1976, PW 1 Hari Lal appeared at Police Station, Shahpura district Bhilwara and presented written report Ex. P 1. It was stated therein that on receiving information from C.W. 2 Mohan that his (PW 1 Hari Lal's) brother Ladu was severely beaten and was lying near the field of Vi...
State of Rajasthan Vs. Roop Chand
Court: Rajasthan
Decided on: Oct-16-1987
Reported in: 1987WLN(UC)550
Sobhag Mal Jain, J.1. By the judgment dated August 6, 1976 the Chief Judicial Magistrate, Nagaur convicted and sentenced the respondent for the offence under Section 7/16(1)(a) of the Prevention of Food Adulteration Act, 1954 (here in after referred to as 'the Act') to six month's simple imprisonment and a fine of Rs. 1000/-, in default of payment of fine to 1-1/2 month's further simple imprisonment. On appeal by the accused respondent, the Sessions Judge, Merta by the judgment dated October 31, 1977 acquitted the accused. The acquittal was passed on the ground that there was a complete non-compliance of the provisions of the proviso to Section 11(1)(a) of the Act. This appeal by the State arises on leave granted by this court on November 13, 1978 under Section 378(3) of the Code of Criminal Procedure.2. I have heard the Public Prosecutor for the State and Shri R.L. Jangid for the accused. I am not inclined to interfere with the order of acquittal in the present case for the reason tha...
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