Rajasthan Court September 1987 Judgments
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Roop NaraIn Vs. Murti Mandir Sita Ramji
Court: Rajasthan
Decided on: Sep-01-1987
Reported in: 1988(1)WLN29
G.M. Lodha, J.1. This is a civil second appeal against the judgment and decree dated 27-5-1981 passed by Shri M.A. Khan RHJS, Addl. District judge No. 1, Alwar in civil first appeal No. 59/59.2. The first appellate court has granted decree for eviction on the ground of default of tenant in payment of rent under Section 13 of the Rajasthan Premises (Control of Rent & Eviction) Act. Both the courts have not accepted plea of personal necessity of landlords. The disputed property is of Deity, and the laintiff claims to be Landlord as Pujari.3. In this second appeal against the decree for eviction, Mr. Garg has urged that in view of the application dated 4-1-1975 it was the duty of the trial court to determine the rent and interest etc. and then provide time for making payment of that determined amount. This was not done and it has vitiated the entire proceedings. Mr. Garg then argued that on account of this the subsequent fact of signif.cance, the court could not have proceeded further wit...
Nathu Lal Vs. State of Rajasthan
Court: Rajasthan
Decided on: Sep-01-1987
Reported in: 1987WLN(UC)606
Sobhag Mal Jain, J.1. The appellant stands convicted and sentenced, by the judgment of the Sessions Judge, Bhilwara dated May 24, 1987, for the offence under Section 304, Part-I, IPC to five years' rigorous imprisonment and a fine of Rs. 200/- in default of payment of fine to further rigorous imprisonment for three months.2. The appellant was tried for the offence under Section 302 IPC for causing the death of Kana Jat, in an incident which took place on December 7, 1977 in the field of Ugma in village Kalyas. The First Information Report of the occurrence was lodged by Rampal, PW 1, at Police Station, Asind on December 8, 1977 at 7 a.m. There is no witness to the incident as to how it started but the prosecution has examined five witnesses, namly, Rampal PW 1, Rama PW 3, Suvalal PW 4, Nathu PW 5 and Sukhdeo PW 6, to show that the accused was responsible for the murder. A further circumstance against the accused was that a lathi was recovered during investigation on the information and...
Prem Surana Vs. State of Rajasthan
Court: Rajasthan
Decided on: Sep-01-1987
Reported in: 1987WLN(UC)466
Vinod Shanker Dave, J.1. This is an application under Section 482 Cr.PC by one of the several accused against whom cognizance have been taken by the learned Judicial Magistrate No. 11, Jaipur City, Jaipur by his order dated 9th July, 1986. The cognizance against the petitioner has been taken for offences under Sections 147, 384, 427, 347, 140 and 120 IPC.2. The petitioner in this petition has stated that he is an Advocate practicing in the city of Jaipur and he owns land measuring 27' X 40' situated at Sansar Chandra Road near Government Hostel, Jaipur where the complainant Sita Ram was his tenant. His case is that he obtained a decree of ejectment against Sita Ram on 17th July, 1985 which was sought to be executed on 18th October, 1985 but there was resistance on the part of Sita Ram and on the report of Bailliff, the Court directed for providing police force and the decree was executed on 3rd November, 1985. It is mentioned in the petition that on this date, the judgment - debtor in ...
State of Rajasthan Vs. Moti
Court: Rajasthan
Decided on: Sep-01-1987
Reported in: 1987WLN(UC)514
Sobhag Mal Jain, J.1. A sample of Ghee weighing 375 Gms. was taken by Ganpat Mal Mathur, Food Inspector on July 22, 1975 from the shop of the accused respondent situate in Sadar Bazar, Abu Road. The sample was found to be adulterated & complaint in the court of Chief Judicial Magistrate Sirohi was filed by the Food Inspector on October 23, 1975. The accused was tried for the offence under Section 16(1)(a) of the Prevention of Food Adulteration Act, 1954. After trial the Chief Judicial Magistrate held that the sample taken was not a representative sample and there was a complete non compliance of Section 11(1)(b) of the Act. Following the judgment of the Madhya Pradesh High Court in Babu Lal v. State 1976 FAJ 81, the learned Chief Judicial Magistrate acquitted the accused. Not satisfied by this, the State has filed the present appeal after obtaining leave under Section 378(3) of the Code of Criminal Procedure.2. The occurrence is 12 years' old. The sample was taken as back as on July 22...
Jepla and ors. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Sep-01-1987
Reported in: 1987WLN(UC)485
Sobhag Mal Jain, J.1. This appeal by the accused is directed against the judgment dated October 13, 1978, of the Sessions Judge, Jalore, convicting and sentencing the appellants for the offences under Section 367/34 and 326/34 IPC to five years' rigorous imprisonment and a fine of Rs. 500/-, in default of payment of fine to six months' further rigorous imprisonment under each count and for the offence under Section 441/34, IPC to one month's simple imprisonment and under Section 323/34, IPC to six months' rigorous imprisonment. All the sentences have been ordered to run concurrently.2. The case relates to the incident which took place in the night intervening 12th and 13th August, 1977 in village Narsana, District Jalore. The prosecution case, in brief, was that Bhera Rajput of Narsana, on the night of occurrence, was sleeping outside his Jhoonpa, accused Jelpa came there and woke him up and asked him as to why he was demanding money from him. Bhera told him not to pay the money but Je...
State of Rajasthan Vs. Vishna
Court: Rajasthan
Decided on: Sep-01-1987
Reported in: 1987WLN(UC)581
Kishore Singh Lodha, J.1. The State has filed this appeal with special leave against the acquittal of respondent Vishna from offence under Rule 3/6 of the Indian Pass-port (Entry into India) Rules, (here in after to be referred as 'the Rules') by the learned Judicial Magistrate, Barmer by his judgment dated May 29, 1985.2. The prosecution story, briefly stated, is that on January 1, 1979, at 12.00 in the night, Sub-Inspector Than Singh, In-charge post B.S.F., Janpalia, received information that some smuggler was coming from Pakistan towards India, where upon, a party of the B.S.F. Laid an ambush. At about 3.00 a.m. a man was found coming with a camel from across the boundary. When he came at about 130 yards inside the Indian border, the party surrounded him and caught hold him. On search, 128 shirts and 2 watches were found on his person. They along with the camel and its saddle were taken into possession and the accused was brought to the outpost of BSF. The seized articles were depos...
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