Rajasthan Court February 1987 Judgments
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U.i.T. and anr. Vs. Smt. Leela Devi
Court: Rajasthan
Decided on: Feb-09-1987
Reported in: 1987WLN(UC)551
1. The respondents Nos. 1 and 2 instituted a suit in respect of land, bearing Khasra No. 2191, situated at Thok Teliyan, Ajmer. An application for grant of temporary injunction was moved, which was decided by the Addl. Distt. Judge, No. 1, Ajmer, by his order dated 11-4-1986, by which he has ordered that the defendant-appellant shall not interfere with the possession of the plaintiff over the disputed land. He has also directed the plaintiffs to maintain status quo as regards the property. While challenging the finding of the court below, the learned counsel for the appellant has contended that the court below has not taken into consideration the material, which was placed on record but has merely referred to the ingredients required for the grant of temporary injunction in a superficial manner and arrived at the conclusion that the possession is that of the plaintiff and the appellant should not interfere with it. According to him the appellant had placed on record a number of documen...
Mahideeta Singh Vs. State of Rajasthan
Court: Rajasthan
Decided on: Feb-06-1987
Reported in: 1987(1)WLN446
Shyam Sunder Byas, J.1. Mahideetasingh the appellant was convicted under Section 302, I.P.C. and sentenced to imprisonment for life with a fine of Rs. 300/- in default of the payment of fine to further undergo two months rigorous imprisonment by the learned Sessions Judge, Sri Ganganagar by his judgment dated November 4, 1981. He has come-up in appeal and challenges his conviction.2. Put briefly, the prosecution case is that the accused and his wife Smt. Gurtej Kaur (the deceased-victim) were residents of Chak 54-F. The accused and PW 1 Roopsingh were sharers-crop with Balbirsingh and were working in his field situated in Mauja Maceasar PS Padampur district Sri Ganganagar in the year 1981. Smt. Gurtej Kaur, aged about 22 years at the time of the incident, also, used to work along with her husband in the fields of Balbirsingh. The accused suspected his wife having illicit relations with Balbirsingh. Five days before the incident, while the accused and his Wife were working in the field ...
State of Rajasthan and anr. Vs. Beni Prasad Sharma
Court: Rajasthan
Decided on: Feb-06-1987
Reported in: 1987(1)WLN257
Jagdish Sharan Verma, C.J.1. The short, though ticklish question for decision in all these cases is whether the essential requirement of obtaining the prescribed minimum qualifying marks separately in the viva voce or personality test for being included in the select list is arbitrary so as to invalidate that provision which results at times in excluding from entry into the State Services candidates who would otherwise be even at the top of the select list, It has been candidly stated-by the learned 'Additional Advocate General that this requirement of obtaining minimum qualifying marks in the viva voce test no longer survives even for the corresponding Central Services Examination held by the Union Public Service Commission and the other States except two in addition to Rajasthan. It may be mentioned that such a requirement was initially prescribed by the Union Public Service Commission for the Central Services, but the same no longer exists for several years now. The report of the Co...
Parmeshwar Alias Premsukh Vs. Smt. Vimla W/O Parmeshwar Soni
Court: Rajasthan
Decided on: Feb-06-1987
Reported in: 1987(1)WLN224
Navin Chandra Sharma, J.1. I have heard Mr. P.C. Mathur learned Counsel for the appellant in this appeal.2. So far as the first name of the appellant as Parmeshwar in concerned, it can very well suit a Hindu lady who treats her husband not less that, but his second name Prem Sukh is deceptive. As a matter of fact, neither the appellant had godly qualities nor he can impart happiness by love and affection towards his wife Smt. Vimla. He contends his wife as suffering from mental disorder and insanity despite the fact that Smt. Vimla appeared in Court on various dates to oppose such a cruel husband. It could not be denied by PW 2 Murli Manohar, PW 3 Manmohan, PW 4 Parasaram, PW 5 Dualal Katta PW 6 Smt. Santosh and PW 7 Rameshwar that they were not witnesses any sign of insanity of mental disorder in Smt. Vimla. She had on her forehead the red round symbol of being solemnly married wife. She was dressed properly and was not bare footed. She did not appear either to the witnesses or to the...
Soni Alias Sunita and anr. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Feb-06-1987
Reported in: 1987(1)WLN433
Jas Raj Chopra, J.1. This revision petition has been filed against the appellate judgment of learned Additional Sessions Judge No. 1, Jodhpur Camp Jaisalmer, dated 17-11-1978 whereby the learned lower court has upheld the conviction of accused petitioner Mst. Soni under Sections 3(1) and 7(1) of the Suppression of Immoral Traffic in Women and Girls Act, 1956 (hereinafter referred to as the Act of 1956) and has sentenced her to one year's R.I. together with fine of Rs. 200/- under Section 3(1) and to one month's R.I. for the offence under Section 7(i) of the Act of 1956. Her conviction under Section 4(1)(Kg) of the Rajasthan Prohibition Act has also been maintained and she has been sentenced to 3 month's R.I. together with a fine of Rs. 200/-. in default of payment of each amount of fine she had been ordered to undergo 15 day's R.I. The learned Sessions Judge has also maintained the conviction of accused Champalal under Section 7(1) of the Act of as also the order of the learned trial c...
Bharat Lal and ors. Vs. Kodar Lal
Court: Rajasthan
Decided on: Feb-06-1987
Reported in: 1987(2)WLN26
Sobhag Mal Jain, J.1. This is plaintiffs' second appeal against the judgment dated 14th August, 1976 of the Addl. District Judge, Dungarpur affirming the judgment and decree dated April 20, 1973 of the Civil Judge, Dungarpur dismissing the plaintiffs' suit for redemption.2. On April 6, 1948, Gautam and his mother Smt. Kesar Bai mortgaged with possession the suit house with Kodarlal for a sum of Rs. 2,000/-. The mortgage was for 19 years. On the death of Kesar Bai, Gautam became the sole owner of the property. By an agreement Ex. A/1 executed on March 28, 1961 Gautam agreed to sell the house to Kodarlal for a sum of Rs. 6,100/-and received a sum of Rs. 700/- in advance at the time of execution of the agreement. Subsequently, however, Gautam also executed a sale deed on October 2, 1962 in favour of Ranchodlal for a sum of Rs. 4500/-. Later, the sale deed was executed by Gautam in favour of Kodarlal on August 23, 1963. Ranchodlal filed a suit for redemption against Kodarlal on April 13, 1...
Moti Lal Vs. State of Rajasthan
Court: Rajasthan
Decided on: Feb-06-1987
Reported in: 1987(2)WLN400
Gopal Krishna Sharma, J.1. The petitioners have come to this Court for releasing them on bail under Section 438 Cr. P.C.2. A report was lodged against the petitioners and an FIR No. 152/86 was registered at PS, Todaraisingh, under sub-Sections 147, 452, 323 & 380 I.P.C. After registering she case the accused-petitioners were arrested on 24-12-86 They then moved a bail application under Section 437, Cr. P.C. before the Magistrate which was accepted and they were ordered to be released on bail. Thereafter, investigation proceeded, and the police found that a case under Section 326 or 307 I.P.C. was also prima facie made out against the petitioners-The petitioners apprehended that they would be re-arrested by the police for offence under Section 326 or 307 I.P.C. An application was moved under Section 438 Cr. P.C. before the Sessions Judge, Tonk, who dismissed the said application on 16th Jan, 1987.3. Mr. Narendra Jain, the learned Counsel for the petitioners argued that FIR No. 152/86 wa...
Sohania and anr. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Feb-06-1987
Reported in: 1987(2)WLN438
Ashok Kumar Mathur, J.1. This is an appeal by the accused appellants against the judgment of the learned Sessions Judge, Bikaner dated 14-8-1981 whereby he convicted the accused Sohania under Section 302 and accused Pappu under Section 302 read with Section 34, I.P.C. and sentenced them to life imprisonment.2. The facts giving rise to this case are that accused Sohania and Pappu are real brothers. They are residents of Rampura Basti, Bikaner. Deceased Ali Asgar owed Rs. 200/- from the accused persons. On 5-5-1980 in the evening Ali Asgar met accused Pappu, who is a child of 14-15 years of age. Ali Asgar demanded Rs. 200/- from him. On that there was some discussion between them and Ali Asgar gave beating to accused Pappu. Thereafter, Ali Asgar went to the house of his friend Chain Singh, PW 1. He sat at his house for some time and thereafter, they started from the house of Chain Singh. Chain Singh also accompanied Ali Asgar to some short distance. When they reached near the shop of Bhi...
Guru Dayal Singh Vs. State of Rajasthan
Court: Rajasthan
Decided on: Feb-06-1987
Reported in: 1987WLN(UC)272
Ashok Kumar Mathur, J.1. This is an appeal by the accused appellant against the judgement dated 31-10-1981 passed by the learned Additional Sessions Judge, No. 1, Hanumangarh where by he convicted the accused appellant under section 302 IPC and sentenced him to life imprisonment.2. The facts giving rise to this case are that the accused is a resident of Chak Uttamsingwala. Mst. Prasanna Kaur, wife of the accused, was a habitual drunkard. On 28-12-1980 at about 2 p.m. when the accused appellant was alone with his wife at his house he murdered his wife with a Takua, a sharp edged weapon, by giving the blows with that Takua on her neck and other parts of the body as a result of which she died. PW 4 Bugar Singh who is 12 years of age, son of the accused when returned from his school found that his mother Mst. Prasanna Kaur was lying dead and he also went to wards PW 3 Daljeet Singh's Dhani, PW 4 Bagar Singh informed that his father was running from his house and was informed about this inc...
Gopi Krishna Vs. State of Rajasthan
Court: Rajasthan
Decided on: Feb-06-1987
Reported in: 1987WLN(UC)276
Kanta Bhatnagar, J.1. Petitioner Gopi Krishna, initially appointed as Constable on August 15, 1961 was promoted as Assistant Sub-Inspector in the year 1977. On subsequent promotion he was promoted as Sub-Inspector of Police and joined his duties on August 17, 1981. Vide Order dated March 5, 1984 the Superintendent of Police Nagaur suspended him on May 19, 1984 and ten charge sheets were served under Rules 16 and 17 of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 (for short 'the Rules' here in after) upon him. He was however reinstated from February 11, 1985 under the orders of the Deputy Inspector General of Police, Ajmer for short 'the DIGP' here in after) and was lateron transferred from Nagaur to Bhilwara. Inquiries were held in all the charge sheets. In some of them he was exhonerated and in some censured or punished. In charge sheet No. 3961 dt. May 19, 1984 inquiry was conducted and petitioner received the communication of the imposition of punish...
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