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Rajasthan Court February 1987 Judgments

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Feb 16 1987

Sukhdeo Singh Vs. State of Rajasthan

Court: Rajasthan

Decided on: Feb-16-1987

Reported in: 1987WLN(UC)366

Jas Raj Chopra, J.1. This revision petition has been filed against the appellate judgment of the learned Additional Sessions Judge, Sri Ganganagar whereby he has maintained the conviction of the accused-petitioner Sukhdeo Singh under Section 411 IPC recorded by the learned Munsif and Judicial Magistrate, Srikaranpur vide his order dated 28-10-1976. The sentence of one year's rigorous imprisonment together with a fine of Rs 50/-was reduced to 6 month's rigorous imprisonment and a fine of Rs. 50/- by the Addl. Sessions Judge, Sri Ganganagar.2. The facts necessary to be noticed for the disposal of this revision briefly stated are: that on the night intervening 9th and 10th June, 1973, the accused petitioner committed the house breaking in the house of one Gurudeo Singh and committed theft of certain cash and ornaments. A case under Section 457 and 380 IPC was registered against the accused-petitioner and after usual investigation, the case against the accused was challaned in the court of...


Feb 16 1987

Jangeer Singh Vs. State of Rajasthan

Court: Rajasthan

Decided on: Feb-16-1987

Reported in: 1987WLN(UC)340

Ashok Kumar Mathur, J.1. This is an appeal of the accused appellant against the judgment of the learned Additional Sessions Judge, Hanumangarh dated 27-8-1981 whereby he has convicted the accused appellant under Section 302 IPC and sentenced him to life imprisonment with a fine of Rs 3,000/-and in default of payment of fine to further undergo rigorous imprisonment for a period of three years.2. The facts giving rise to this case are that on 14-2-1960 one Totasingh resident of Hirnawali at about 8.40 p.m. presented himself before the Police Station Hanumangarh Junction and gave out an oral report that his elder brother Bhajansingh owed a sum of Rs 100/- to accused Jangeer-Singh. Therefore, he demanded this sum of money. On this date in the after-noon there was a musical concert (Akhara) at about 3 p.m. and he had also gone to witness this along with his deceased brother Bhajan Singh and in this musical concert deceased Bhajan Singh demanded the money from accused Jangeer Singh. Thereupo...


Feb 16 1987

Ghanshyam Vs. Bheru Lal

Court: Rajasthan

Decided on: Feb-16-1987

Reported in: 1987WLN(UC)717

Milap Chand Jain, J.1. This is an application for Cancellation of bail. The non-applicant Bherulal was granted bail by the learned Sessions Judge, Pratapgarh, Camp: Chittorgarh by his, order dated 8-7-1986 for an offence under Section 307 IPC. The offence is alleged to have been taken place on 20th April, 1986. It is. said that the victim Shri G.S. Agrawal Manager of J.K, Cement Factory, Nimbahera had gone to the market for buying vegetables along with his wife at about 6.30 p.m. on 20th April 1986. The accused opened an attack on Shri Agrawal with a long dagger. The victim fell down on the spot on account of several injuries sustained by him on his head and other parts of the body. The accused tried to run away from the spot but the police constables who were on 'patrolling duty' arrived at the spot and the accused non-petitipner was caught red-handed at the spot. Report of the-occurrence was judged by one Ratan Lal Sahu at 6 40 p.m. at the police station Nimbahera and a case under Se...


Feb 13 1987

Smt. Saroj Devi Vs. Ashok Puri Goswami

Court: Rajasthan

Decided on: Feb-13-1987

Reported in: AIR1988Raj84; 1987(2)WLN367

ORDERN.C. Sharma, J.1. Smt. Saroj Devi had filed this revision against the order of the Addl. District Judge, Pratapgarh dated May 9,1986 in Civil Misc. Case No. 32/85 of his Court.2. I have heard the learned counsel for the parties appearing in this revision.3. Facts giving rise to this revision are that the husband Ashok Puri filed a divorce petition No: 56/85 against the petitioner Saroj Devi on the ground that the petitioner had-deserted him and was living with her lover Ashok Kumar. Charge of adultery was also levelled against her. The petitioner made an application before the District Judge for alimony pendente lite u/s24of the Hindu Marriage 'Act and for grant of expenses of litigation. The Distt. Judge found that Ashok Puri, non-petitioner was employed as Lower Division Clerk and he was getting a total salary of Rs. 835/- out of which deductions are made of an amount of Rs. 186/- per month and the net amount of salary which he takes to his home per month is Rs. 649/-. Applying ...


Feb 13 1987

Lal Singh Vs. State of Rajasthan

Court: Rajasthan

Decided on: Feb-13-1987

Reported in: 1987(1)WLN500

Ashok Kumar Mathur, J.1. This is an appeal against the judgment of the learned Additional Sessions Judge, No. 2, Jodhpur dated 26-8-1976 where by he has convicted the accused under Sections 302, 307 and 324 I.P.C. and sentenced him to life imprisonment, 4 years rigorous imprisonment and 1 years's rigorous imprisonment respectively. All the sentences were directed to run concurrently.2. The facts giving rise to this case are that Om Prakash PW 1 complainant used to drive the taxi of accused Lal Singh. In the early January, 1976 an accident with his taxi took by Om Prakash. Om Prakash got the taxi repaired and delivered it to accused Lal Singh and also handed over the accounts of this taxi to the father of the accused Lal Singh. He stopped driving tie taxi of accused Lal Singh. On January 17, 1976 at about 7.30 a.m. Om Prakash along with deceased Tijendra Singh was sitting at the shop of PW 2 Madan Lal's Hair Dresser shop at Chopasani Road. At that time accused Lal Singh came there and p...


Feb 13 1987

Nand Ram and ors. Vs. State of Rajasthan

Court: Rajasthan

Decided on: Feb-13-1987

Reported in: 1987(1)WLN571

Shyam Sunder Byas, J.1. Since three appeals-one represented and second through jail are directed against one and the same judgment of the learned Additional Sessions Judge Udaipur dated July 15, 1976, they were heard together and are disposed of by a single judgment. By the judgment aforesaid, the three appellants Nandram, Smt. Hoori and Smt. Aiji were convicted under Sections 120B and 302/34, I.P.C. and each was sentenced to imprisonment for life with a fine of Rs. 100/- in default of the payment of fine to further undergo three months, rigorous imprisonment.2. Briefly recalled, the facts and circumstances leading to the prosecution and conviction of the appellants are that the appellants Nandram and Smt. Hoori are husband and wife and the appellant Smt. Aiji is their daughter. They all resided in village Madri P.S. Sayra district Udaipur. Smt. Aiji was married to Heeralal a few years before August, 1974. As Smt. Aiji is the only issue of her parents, the parents invited Heeralal to l...


Feb 13 1987

Matu Singh S/O Bhopal Singh Vs. State of Rajasthan

Court: Rajasthan

Decided on: Feb-13-1987

Reported in: 1987(1)WLN658

G.K. Sharma, J.1. With the consent of both the learned Counsel, the revision petition is disposed of at this stage. The petitioner was challaned Under Section 54 of the Rajasthan Excise Act on 27-10-78. The house of the petitioner was raided by the Excise Inspector on 13-9-1978 and it was found that the petitioner was working on a workable still and exracting liquor. Half bottle of the liquor was found along with wash. The Excise Inspector seized the implements for extracting liquor, wash and half bottle of the liquor.2. The learned Magistrate after concluding trial found the petitioner guilty of the offence under Section 54 of the Rajasthan Excise Act on 28-6-1983 and convicted and sentenced him to 6 months' simple imprisonment. An appeal was preferred which was dismissed by the learned Sessions Judge, Jhunjhunu on 4-2-1987.3. Shri Dhankad did not argue the case on the merit but he argued on the sentence only. According to him the incident took place in the year 1978 and during trial ...


Feb 13 1987

Bhanwar Lal and 15 ors. Vs. Municipal Board and ors.

Court: Rajasthan

Decided on: Feb-13-1987

Reported in: 1987(1)WLN690

Kishore Singh Lodha, J.1. All these 16 cases involve a common question of law and the facts involved are almost similar, therefore, they are being disposed by a common order. Out of these 16 petitioners, nine petitioners, namely, Prabhu Singh, Mangla Ram, Hanuman Ram, Satya Narain, Ramesh Chandra, Suresh Kumar, Shanker Lal, Hari Singh and Sohan Lal are Naka Guards; two petitioners, namely, Bhanwar Lal and Rajendra Singh are Nakedar, four petitioners, namely, Arun Kumar, Ranjeet Singh, Vimal Kumar and Mohd. Asad are sub-Nakedar and one that is Mohd. Jahid is Gajdar, who were under the employment of the Municipal Board, Nagaur. All of them had been employed before 31-12-1984. However, their services have been terminated by a notice dated 26-8-1986 with effect from 26-9-1986 on the ground that there had been a reduction of the posts and that the initial appointment of each of the petitioners was irregular. All these notices are said to have been offered to the petitioners respectively but...


Feb 13 1987

Nathu Singh Vs. State of Rajasthan

Court: Rajasthan

Decided on: Feb-13-1987

Reported in: 1987WLN(UC)220

Gopal Krishna Sharma, J.1. With the consent of both the learned Counsel, the revision petition is disposed of at this stage. The petitioner was challaned under Section 54 of the Rajasthan Excise Acton 27-10-1978. The house of the petitioner was raided by the Excise Inspector on 13/9/78 and it was found that the petitioner was working on a workable still and extracting liquor. Half bottle of the liquor was found along with wash. The Excise Inspector seized the implements for extracting liquor, wash and half bottle of the liquor.2. The learned Magistrate after concluding trial found the petitioner guilty of the offence under Section 54 of the Rajasthan Excise Act on 28-6-1983 and convicted and sentenced him to 6 month's S.I. An appeal was preferred which was dismissed by the learned Sessions Judge, Jhunjhunu on 4-2-87.3. Shri Dhankad did not argue the case on the merits but he argued on the sentence only. According to him the incident took place in the year 1978 and during trial the accu...


Feb 12 1987

Manohar Singh Vs. Mst. Sardar Bai and ors.

Court: Rajasthan

Decided on: Feb-12-1987

Reported in: AIR1987Raj177; 1987(2)WLN329

N.M. Kasliwal, J.1. This appeal by the plaintiff Manohar Singh is directed against the judgment and decree of learned District Judge, Udaipur dt. 11-7-1975. When the suit was filed Manohar Singh had claimed 1/3 share in the immovable property which consisted of a house belonging to the Joint Hindu Family. According to the plaintiff Manohar Singh the house was a Joint Hindu Family Property in which he, his brother Ganeshlal and their mother Badanbai had 1/3 share each. It may be mentioned at this stage that one Khubilal had purchased 1/2 share of Ganeshlal in an auction sale in a decree against Ganeshlal. A preliminary decree was passed by Senior Civil Judge, Udaipur on 2-6-1960 declaring 1/3 share of the plaintiff in the joint family property. An appeal was preferred against this judgment by the legal representatives of Khubilal and this Court by judgment dt. 30-9-1970 in S. B. Civil Regular First Appeal No. 144/60 Basantilal v. Manohar Singh, set aside the judgment and decree passed b...


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