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Rajasthan Court February 1987 Judgments

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Feb 27 1987

Jai Singh Vs. State of Rajasthan

Court: Rajasthan

Decided on: Feb-27-1987

Reported in: 1987WLN(UC)393

Guman Mal Lodha, J.1. This is a second transfer petition filed by accused petitioner Jai Singh, who is being prosecuted under section 307 IPC in criminal case number 2/1985, pending trial before the learned Addl. District and Sessions Judge, No.1, Alwar.2. The first transfer application was rejected by learned Sessions Judge, as well as by this court as it was held that merely because, learned Advocate, refuses to appear in a particular court, the case cannot be transferred.3. Mr. T.N. Bhargava, learned Advocate, used to appear in this case, gave an affidavit that the conduct of the Presiding Officer, Shri Ramchandra; is such that no self-respecting Advocate, can appear in his court. I would not like to pass any comment on this affidavit, on the ground of transfer application which has been rejected by Hon'ble Mr. Justice N.M. Kasliwal, on 25-8-86.4. I would like only to add that filing of such affidavit making such sweeping allegation against the Presiding Officer, is a serious matter...


Feb 27 1987

Priya Plastic Vs. Union of India (Uoi) and ors.

Court: Rajasthan

Decided on: Feb-27-1987

Reported in: 1987WLN(UC)250

Kanta Bhatnagar, J.1. The petititioner firm, of which Om Prakash is the Proprietor, applied for a loan of Rs. 1,35,000/-for manufacturing plastic bangle rolls to the non-petitioner, the Rajasthan Financial Corporation (for short 'the Corporation' here in after) and was sanctioned a loan of Rs. 1,27,000/-. On March 19, 1981, the petitioner entered into an agreement for hypothecation with the Corporation. That, the factory was got ready for the purpose of production in, the month of September, 1981. The petitioner further made a demand of an additional loan for a sum of Rs. 73,000/- out of which, Rs. 52.000/- was sanctioned and the petitioner availed dispersement to the tune of Rs. 31,000/- in the month of October 1982 The petitioner could not repay the loan and consequently notice under Section 29/30 of the State Financial Corporation Act, 1951 (for short 'the Act' here in after) was issued by the Corporation. The application of the petitioner for rehabilitation was not considered. The ...


Feb 27 1987

Rameshwar Lal Vs. State of Rajasthan

Court: Rajasthan

Decided on: Feb-27-1987

Reported in: 1987WLN(UC)345

Kanta Bhatnagar, J.14. In this writ petition under Article 226 of the Constitution of India, the petitioner has challenged the legality of the order dated March 30, 1982 (Annexure-2) by which his services as Upper Division Clerk with non-petitioner No. 2 the Rajasthan State Road Transport Corporation (for short 'the Corporation' here in after) were terminated and Annexure 1 dated April 11, 1983 informing the petitioner that his appeal had been dismissed by the General Manager of the Corporation.2. The case of the petitioner is that he was Upper Division Clerk with the non-petitioner Corporation and was posted at Jodhpur. That, vide order dated September 16, 1976, he was transferred to Banswara and joined duty there on September 25, 1976. That, as the petitioner was not being paid his salary, he left for Jodhpur leaving an application for leave in the Office at Banswara because no other Officer was available there. That, after coming to Jodhpur he made an application for extension of le...


Feb 25 1987

Amiya and anr. Vs. State of Rajasthan

Court: Rajasthan

Decided on: Feb-25-1987

Reported in: 1987(2)WLN42

Shyam Sunder Byas, J.1. Amiya and Mst. Madi the appellants, were convicted under Sections 302 and 201, IPC and each was sentenced to imprisonment for life on the first count and three years' rigorous imprisonment with a fine of Rs. 100/-, in default of payment of fine to further undergo four month' rigorous imprisonment on the second count by the learned additional Sessions Judge (1), Jodhpur by his judgment dated November 8, 1976. They have come-up in appeal and challenged their conviction.2. Briefly recounted, the facts and circumstances leading to the prosecution and conviction of the appellants may be summed-up as under: Baldeo Bhat had two wives Smt. Madi and Smt. Magni. He was residing with them in village Gajsinghpura, He passed away two or three years before August, 1975. His widows continued to live together in the same house, but the mutation of his fields was entered separately in favour of each. Smt. Magni, aged about 35 years at the time of her murder, had no issue while S...


Feb 25 1987

Prem Chand Vs. Administrator, Municipal Council and Vice Versa

Court: Rajasthan

Decided on: Feb-25-1987

Reported in: 1987(2)WLN381

Navin Chandra Sharma, J.1. This order will decide Civil Revisions Nos. 507 of 1985 and 60 of 1986 filed respectively by Premchand Jain and Municipal Council, Udaipur and S.B. Civil Writ Petition No. 896 of filed by Premchand Jain by a common order as they arise from the same order of the District Judge, Udaipur dated August 9, 1985.2. Facts leading to the filing of these revision petitions and the writ petition may be narrated first. Premchand Jain was employed in daily wages in the construction department of Municipal Council, Udaipur on March 13, 1973 for a period of 28 days. However, Premchand Jain continued to be employed in the construction Department of the Municipal Council Udaipur by giving break of some days in between upto September 24, 1975 when his services were terminated by order No. 1779 dated September 24, 1975 with effect from that date. Even after periodical gaps Premchaad Jain (here in after, for short 'the petitioner') actually worked for 273 days in 1973, 336 days ...


Feb 25 1987

D.L. Dabgar and anr. Vs. State of Rajasthan and ors.

Court: Rajasthan

Decided on: Feb-25-1987

Reported in: 1987(2)WLN836

Kishore Singh Lodha, J.1. These two writ petitions can conveniently be disposed of by a single order as there is some connection between the two.2. The petitioner was appointed as Assistant Director in the Industries Department on December 10, 1975 and was promoted as Deputy Director on adhoc basis on June 26,1978. He was confirmed on the post of Assistant Director on September 27, 1982 with effect from August 17, 1981. Thereafter, he was promoted as Deputy Director, Industries Department on probation for a period of one year on November 4, 1982.3. It appears that while the petitioner was posted as Deputy Director Industries in the District Industries Centre, Jhalawar during the period 1978-81 there were certain complaints against him along with two other persons, namely, Surjamal Verma, Economic Investigator and Brij Mohan, U.D.C. and a preliminary enquiry was sought to be initiated against them. Shri Surajmal and Shri Brijmohan were also placed under suspension. On the completion of ...


Feb 25 1987

Khusala Vs. State of Rajasthan

Court: Rajasthan

Decided on: Feb-25-1987

Reported in: 1987WLN(UC)314

Shyam Sunder Byas, J.1. The appeal is directed against the judgment of the learned Additional Sessions Judge, Jalore dated July 29, 1976, by which the appellant Khusala was convicted under Sections 302 and 309, IPC and was sentenced to imprisonment for life with a fine of Rs. 200/- on the first count and to six months' rigorous imprisonment with a fine of Rs. 500/-on the second count. Substantive sentences were directed to run concurrently.2. Briefly recapitulated, the prosecution case is that Smt. Aaiji was married to the accused Khusala nearly 10/12 years before 1975. Smt. Aaiji give birth to two children. The accused and Smt. Aaiji along with their children were living separatety from his parents in a Dhani which they had raised in a field in village Oadkha P.S. Barmer. The relations between the husband and wife, however, could not remain sweet.3. At about 6.45 p.m. on May 5, 1975, PW 3 Raichand uncle of the appellant, appeared at Police Station, Banner and presented written report ...


Feb 24 1987

Gur Dass Singh and ors. Vs. State of Rajasthan

Court: Rajasthan

Decided on: Feb-24-1987

Reported in: 1987(1)WLN410

Ashok Kumar Mathur, J.1. This is an appeal against the judgment dated 26-9-1981 passed by the learned Additional Sessions Judge No. 2, Hanumangarh whereby he has convicted the accused appellants Gurdass, Mangatsingh, Payarasingh and Dilipsingh under Section 302 read, with Section 149 I.P.C. and sentenced him to life imprisonment with a fine of Rs. 2,000/- and in default of payment of fine to further undergo two years' rigorous imprisonment. He has further convicted the accused appellants under Section 148 I.P.C. and sentenced them to one year's rigorous imprisonment. Both the sentences are directed to run concurrently.2. The facts giving rise to this case are that on 15-9-1978 deceased Jogendrasingh informed the Station House Officer, Police Station, Hanumangarh that at about 7.00 p.m. in the evening when he was going back to his house after closing his shop along with Harbansh Singh and reached near the railway gate there he found accused Gurdass Singh along with his son Mangatsingh a...


Feb 24 1987

Ramzan Vs. Smt. Salma

Court: Rajasthan

Decided on: Feb-24-1987

Reported in: 1987(1)WLN739

1. This appeal has been directed against the judgment dated 29-9-1986 passed by learned Judge, Family Court, Jaipur, allowing an application under Section 125 Cr. P.C. filed by the respondent, and granting her maintenance of Rs. 200/- per month from 13th August, 1985.2. Learned Counsel for the appellant has very vehemently submitted that the appellant had orally divorced his wife on 6-7-1985 and had sent two notices in July and August, 1985 which he has filed on record of the Family Court. He has further submitted that even while making his statement before the Family Court, the appellant had stated that he had directed his wife earlier and, therefore, his submission is that even if the divorce has not been proved or the fact of divorce has not been mentioned in the application under Section 125 Cr. P.C. but since he had acknowledged the divorce in his statement before the Family Court, it operates as a declaration of divorce as from the date of his statement and in this connection, he...


Feb 24 1987

Director Vidhya Bhawan Society Vs. Niranjan Jha

Court: Rajasthan

Decided on: Feb-24-1987

Reported in: 1987(1)WLN634

Navin Chandra Sharma, J.1. Vidhya Bhawan Rural Institute Udaipur is an Educational Institution located at Udaipur. Apart from Arts and Science Faculties, it also runs a three year Diploma course in Civil Engineering and for that purpose it is affiliated or connected with the Board of Technical Education Rajasthan Jodhpur. According to the syllabus of this institute for the academic-sessions 1985-86 and 1986-87 there are 45 seats in this Diploma course Out of these 45 seats, admission with respect to 32 seats is made by the Central Admission Committee of the Directorate of Technical Education Jodhpur. The procedure is that application for admission for these 32 seats are sent to the Principal, Government Polytechnic College, Ajmer and admission is made in accordance with the Rules prescribed by the Central Admission Committee. Remaining 13 seats in the institute are reserved seats. There are three categories of reservation namely, 4 seats are reserved for the children of the workers of ...


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