Rajasthan Court September 1987 Judgments
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Satya NaraIn Vs. State of Rajasthan and anr.
Court: Rajasthan
Decided on: Sep-11-1987
Reported in: 1988WLN(UC)24
S.S. Byas, J.1. This special appeal under Section 19 of the Rajasthan High Court Ordinance, 1949 in directed against the judgment of a learned Single Judge of this Court dated April 1, 1986, by which the appellants (here in after to be referred to as 'the petitioner') writ petition was dismissed.2. The petitioner case to this Court under Article 226 of the Constitution with the Governments that he was working so Fitter-II in P.H.E.D. Eorawar in 1986 Since November 15, 1978, he was chosen as Vice-President of Rastriya Nal Mazdoor Sangh, Merta City (Distric Nagaur). The Union presented a charter of demands on October 31, 1985 to the Superintending Engineer Mr. Om Prakash Vyas (respondent No. 2). The demands were not met and the members of the union along with the petitioner resored to strike on November 20, 1985. On assurance by the Executive Engineer, the strike was with-drawn, but nothing came out. The workers again resorted to strike on January 1, 1986. The Superintending Engineer Mr....
Ghasi and ors. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Sep-11-1987
Reported in: 1988(1)WLN615
G.K. Sharma, J.1. Ghasi and others have preferred their appeal No. 452/79, and the State of Rajasthan has filed D.B Cr. Appeal No. 20/80. Both the appeals arise out of the same judgment dated 6th July, 1979, passed by the Sessions Judge. Bundi, whereby, he convicted and sentenced the accused persons as under:Name of Accused Offence Under Section PunishmentGhasi 302, IPC Life imprisonmentGhasi 148, IPC 6 months' RI;Ghasi 326, 149 IPC 3 months' RI and afine of Rs. 250/-, indefault 3 months' RI;Ghasi 324, IPC 9 months' RI;Ghasi 326, IPC 6 months' RI;Sheoji and 326, IPC 1 year's RI and a fineSaiga of Rs. 100/-,in default3 months' RI; Sheoji and Saiga 324, IPC 6 months' RI;Sheoji and Saiga 323, IPC 3 months' RI;Sheoji and Saiga 148, IPC 6 months' RI;Chhota, Bhuwana and 148, IPC 6 months' RI and aTeja fineChhota, Bhuwana and Teja 323/149, IPC 3 months' RI and afine of Rs. 250/-, indefault, 3 months'further RI;Chhota, Bhuwana and Teja 323, IPC 6 months' RI;Chhota, Bhuwana and Teja 324, IPC 9 ...
Jeet Ram Vs. State of Rajasthan
Court: Rajasthan
Decided on: Sep-11-1987
Reported in: 1987WLN(UC)499
Shyam Sunder Byas, J.1. The appeal is directed against the judgement of the learned Additional Sessions Judge (1), Hanumangarh dated Feb. 12, 1982 convicting the appellant Jeetaram under Section 302, IPC and sentencing him to imprisonment for life with a fine of Rs. 100/-, in default of the payment of fine to further undergo one month's rigorous imprisonment.2. Briefly stated, the prosecution case is that PW 3 Devi Lal is the son of PW 2 Loona Ram Kumbhkar. The accused was their share-cropper while the deceased Brij Lal was engaged by them as a labourer to work in their fields situate in Rohi Sahjipura P.S. Hanumangarh district Sri Ganga Nagar. On July 19, 1981, PW 3 Devi Lal, the accused Jeetram and the deceased Brij Lal worked in the said fields. At about 5.00 p.m., Devilal (PW 3) went to his house in village Sahjipura to bring food for the accused and the deceased leaving both of them working in the fields. At about 9.00 or 9.30 p.m., Devilal went back to the fields to provide food ...
State of Rajasthan Vs. Krishna Gopal and ors.
Court: Rajasthan
Decided on: Sep-11-1987
Reported in: 1987WLN(UC)509
Kishore Singh Lodha, J.1. Respondents Krishna Gopal, Om Prakash, Bhagwan and Vishnu Ram have been prosecuted by the learned Munsif and Judicial Magistrate, Sangaria Krishna Gopal under Section 465 and the others under Section 471 IPC but have been acquitted of these offences by his judgment dated 19-4-1985. The learned Magistrate has found that there is absolutely no evidence on record to establish that the said mark-sheets filed by Om Prakash, Bhagwan and Vishnu Ram in Government College D.V. College of Agriculture, Arts and Science, Sangaria, were forged by Krishna Gopal and that they had in fact been produced by the other three respondents along with their admission forms. After leave to appeal was granted, notices were issued to the respondents. Respondents No. 3 & 4 Bhagwan and Vishnu Ram have not been served despite the fact that from November, 1985, the learned P.P. had been granted time and opportunities to get them served and, therefore, by order dated 11-8-87, their names wer...
Amarlal and ors. Vs. Devilal and anr.
Court: Rajasthan
Decided on: Sep-10-1987
Reported in: 2(1988)ACC133
Jasraj Chopra, J.1. This is an appeal against the Judgment and Award of the learned Motor Accidents Claims Tribunal, Jodhpur (hereinafter referred to as 'the Tribunal') dated May 20, 1982 whereby the learned Tribunal has dismissed the claim of the claimants-appellants.2. The facts briefly stated are: that on 7-11-1979, at about 2 P.M., Mst. Pushpa aged about 3 years was crushed by a Military Truck bearing No. 77C-18254-A, which was driven by non-applicant-respondent No. 1 Devilal, who was driver in the Military. This incident has been witnessed by PW 3 Kanhaiyalal and Mst. Kamla, the mother of deceased Pushpa. It is alleged that PW 3 Kanhaiyalal noted the number of the truck and gave one slip bearing that number of the truck to the wife of applicant-appellant No. 1 Amarlal as Amarlal has gone to attend a funeral of his tenant. He was informed about the accident. He came to his home and gathered all informations and then lodged its report at Police Station, Mohamandir at about 3-15 P.M....
Heeralal Vs. Ramjeevan
Court: Rajasthan
Decided on: Sep-09-1987
Reported in: AIR1989Raj1; 1988(1)WLN791
N.C. Sharma, J.1. This second appeal is directed by defendants 1 and 2 against the decree of District Judge, Merta dt. Sept, 23, 1975 whereby the District Judge partly allowed the first appeal of Ramjeevan plaintiff filed against the decree of the Civil judge, Nagore dt. May 1, 1973 and decreed this suit of the plaintiff as against the appellant in the manner that the way to the extent of 3' wide shall be left by the appellant immediately adjoining the plaintiff's house towards its west and that the appellant shall remove the constructions which they had put on 3' wide strip of land for access of the plaintiff to the underground cellar of his house.2. Facts leading to the filing of the second appeal are that on Jan. 10, 1964 Ramjeevan respondent 1 instituted Civil Suit No. 7 of 1964 in the Court of Civil Judge, Nagaur, against the appellants with the averments that the plaintiff owned and possessed a housesituated in village Rol. Tehsil Jayal. District Nagaur. It was alleged that on we...
Ramesh Chandra Soni Vs. State of Rajasthan
Court: Rajasthan
Decided on: Sep-09-1987
Reported in: 1988WLN(UC)30
S.S. Byas, J. 1. By this application under Section 482, Cr.PC the petitioner challenges the correctness of the order of the Sub-Divisional Magistrate (Executive), Jodhpur City dated September 24, 1982 and prays for quashing the proceeding initiated against him under Section 110, Cr.PC.2. Briefly recounted, the relevant facts are that the Station House Officer, Police Station, Sadar Bazar, Jodhpur submitted a report in writing before the Magistrate for initiating an inquiry under Section 110,Cr.PC against the petitioner Ramesh Chandra. It was stated in the report that Ramesh Chandra is a man of quarrel-some nature and picks-up quarrels here and there. The citizens are afraid of in lodging reports to the police against his criminal activities. On March 8, 1982, a case under Sections 341 and 323/34, IPC and another case under Sections 147, 148, 149, 342, .332, 353, 307 and 393, IPC were registered against him at police station, Sader Bazar, Jodhpur. It was prayed that he be directed to ex...
Patia and ors. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Sep-09-1987
Reported in: 1987WLN(UC)482
Milap Chandra, J.1. These appeals have been filed against the judgment of the learned Additional Sessions Judge, Sirohi dated 23-12-1976 by which he convicted the accused-appellants under Section 302 read with Section 149, 447 and 147, IPC and sentenced to life imprisonment and payment of fine of Rs. 500/- each for the first offence and rigorous imprisonment for three months for the second offence. No separate sentence has been awarded for the third offence. The first appeal has been filed by all the accused-appellants and the second appeal has been filed by three accused-appellants, namely Patia, Binja and Pukhia from jail. The prosecution case may briefly be summarised thus.2. On 3-6-74, a written report was filed in the Police Station, Shivpura (Sirohi) by Bhikugiri PW 1 bearing signatures of Chandmal PW 15, Roop Singh and Keraram also to the effect that in village Surayta, Misria s/o Kanji has been murdered by some-body and his mother Dakhu PW 3 had informed them. Head Constable An...
Mohan Lal Vs. Om Prakash
Court: Rajasthan
Decided on: Sep-08-1987
Reported in: AIR1989Raj132; 1988(1)WLN243
ORDERD.L. Mehta, J. 1. Defendant petitioner has preferred this revision petition against the order dated 5-1-87 passed by the learned Additional Civil Judge No. 4, Jaipur City.Jaipur in Civil Suit No. 324 of 1986 whereby the application of the petitioner under Order 37, Rule 4 for setting aside the ex parte decree passed on 5-9-1986 was rejected: 2. Plaintiff non-petitioner instituted a summary suit under Order 37. C.P.C. for the recovery of Rs. 5,233/- on the basis of the Cheques issued by the petitioner towards the payment of the loan. Cheques were dishonoured by the Bank. The cheques issued were of the date of 13th September, 1984 and 15th October, 1984. The petitioner closed his account earlier in September. 1984. Mr. Mandnana appearing on behalf of the non-petitioner submitted that the revision petition is not maintainable' as the appeal lies under Order 43, Rule 1(d). Sub-rule (d) of Rule 1. C.P.C. is reproduced as under : -- '(d) an order under Rule 13 of Order IX rejectingan ap...
Shree Ram and ors. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Sep-08-1987
Reported in: 1987WLN(UC)603
Vinod Shanker Dave, J.1. Brief facts giving rise to this appeal are that an incident took place on 24th November, 1975 at 7.00 a.m. of which the report was lodged on 28-11-1975 at 8.30 a.m. by Munshilal to the effect that his son Veer Singh, his father Chandu and his brother-in-law Dharamveer had come to village Gothra. On that day accused persons Ram Chander, Sri Ram, Chiranji, Kishan, Dharmpal, Mst. Narayni, Mst. Saraswati and Mst. Naval Kaur armed with various weapons attacked them, out of these persons Ram Chander and Sri Ram were armed with Farsi while Chiranji had Lathi and so also others. It is mentioned that those persons caused injuries on the persons of Veer Singh and Dharamveer. The report was lodged on 28th November, 1975 on which the case under sections 147, 148, 149, 323, 325, 307 and 447 IPC was registered. It is pertinent to mention here that before lodging this report the complainant party got the injured medically examined as a private case, obtained the reports and s...
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