Rajasthan Court January 1988 Judgments
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Ghanshyam Vs. State of Rajasthan and 8 ors.
Court: Rajasthan
Decided on: Jan-29-1988
Reported in: 1988WLN(UC)319
N.M. Kasliwal, J.1. I have heard Mr. Dhankar, learned Counsel for the petitioner. No body appears on behalf accused respondents inspite of service of notice on them. The police had filed a challan against the accused-persons for offences under Sections 147, 148, 149, 307, 326, 323 and 452, IPC. Learned Addl. C.J.M Kishangarh Bas by order dated 22-9-1986 committed the case for trial to the court of Sessions. Learned Addl. Sessions Judge, Kishangarh Bas (Alwar) by order dated 17-10-1987 held that prima facie no offence was made out under Section 307 IPC and as such remanded the case for trial to the Addl. CJM for offences under Section 147, 148, 149, 326 and 323, IPC, only.2. It is argued by Mr. Dhankar that according to the prosecution case seven persons were injured and the accused persons had come armed with lathies, axes and other weapons. It is submitted that Ashok Kumar had received an injury on the head by an axe which was found to be of grievous nature after x-Ray examination. It...
Nathu Ram Agrawal Vs. Rajasthan Silicate and Glass Industries Private ...
Court: Rajasthan
Decided on: Jan-29-1988
Reported in: 1988(1)WLN432
P.C. Jain, J.1. In this company petition under Sections 433, 334 and 439 of the Companies Act, petitioner Nathu Ram Agarwal has prayed that M/s Rajasthan Silicate and Glass Industries Pvt. Ltd. be wound up and the Official Liquidator be appointed as Liquidator of the Company with all necessary powers under the provisions of the Companies Act (here in after referred to as the Act).2. Briefly stated the facts of the case are that the petitioner is a businessman carrying on his various business activities, inter alia, of dealing in chemicals from Shop No. 117, Maharani Gayairi Devi Market, Tripolia Bazar, Jaipur and is a proprietor of M/s. Asiatic Chemicals.3. M/s Rajasthan Silicate and Glass Industries Pvt. Ltd. is acompany registered under the Companies Act and having its registered office at 41-A, Industrial Area, Jhotwara, Jaipur.4. M/s Rajasthan Silicate and Glass Industries Pvt. Ltd. (here in after referred to as the Company) entered into an oral agreement with the petitioner for th...
Mohan Lal Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jan-28-1988
Reported in: 1988WLN(UC)208
Mahendra Bhushan Sharma, J.1. Exercising his powers under Section 256 of the Cr.PC in a complaint a case under Section 323 IPC in the absence of the complainant on a date fixed for the evidence of the complainant the learned Magistrate under his order dated 29th August. 1977, acquitted the accused respondents. The complainant has preferred this appeal against their acquittal.2. None has appeared on behalf of the appellant. From the perusal of the complaint it appears that it relates to a dispute in between the landlord and the tenants. In the absence of the complainant in a case which is a summons case, on the date of hearing the learned Magistrate, could have acquitted the accused persons. The exercise of the discretion by the learned Magistrate under Section 256 Cr.PC it does not call for any interference. That apart this appeal is pending since 1979 and even if the order of acquittal would have been improper which is not in the present case, this court would have declined to interfe...
Munna Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jan-28-1988
Reported in: 1988(1)WLN469
N.M. Kasliwal, J.1. I have heard Mr. Dhankar, learned Counsel for the petitioner and Shri Shrimal, learned Public Prosecutor for the State.2. This petition under Section 482 Cr. PC has come before this Court in unusual circumstances. Mst. Asharfi who is a married wife of Baney Khan and is also having six small children is expressing her desire to go and live with one Munna resident of Dholpur. Learned Magistrate by his order given a direction to the police Investigating Officer to leave Mst. Asharfi at the house of Banny Khan and to see that no illegal act is done by her. In this petition it has been contended that Mst. Asharfi is a major woman of more than 30 years of age and she is free to go to any place of her choice. Reliance in support of the above contention is placed on Mst. Gurnamo v. State, 1987 Cr. LR (Raj.) 394.3. There can be no manner of doubt that a person has a fundamental right of moving to any place of his choice and no restraint can be put on such freedom without aut...
Fateh Lal Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jan-27-1988
Reported in: 1988WLN(UC)160
Milap Chandra, J.1. This revision petition has been filed under Section 397, Cr.PC 1973 against the order of the learned Additional Sessions Judge, Bhilwara dated October 9, 1980 by which he confirmed the conviction of the accused-appellant under Section 7 read with Section 3 of the Essential Commodities Act (here in after referred to as 'the Act') for contravening Clause 3 of the Rajasthan Guest Control Order, 1972 (here in after referred to as 'the Order') and sentence of three months rigorous imprisonment with a fine of Rs. 5000/-. The facts of the case giving rise to this revision may be summarised thus.2. On 5-8-1974, A.S.I. Girdhari Lal PW 8 came to Maheshwarion-ka-Nohara, situated in Ward No. 6 on Bhilwara. He found there that the accused Fateh Lal was arranging a Mrityu Bhoj on the eve of the death of his fathar. Prepared articles and food stuff for about 200 persons were found there. On his report Ex. P/11, a case under Section 7 Rule with Section 3 of the Act was registered a...
State of Rajasthan Vs. Indra Singh
Court: Rajasthan
Decided on: Jan-27-1988
Reported in: 1988(1)WLN276
Milap Chandra, J.1. This petition has been moved under Section 378, Cr. PC, 1973 against the judgment of the learned Chief Judicial Magistrate, Barmer dated June 23, 1987 by which he acquitted the accused-respondent under Section 10, Rajasthan Requisitioning of Goods Vehicles Act, 1269 (here in after referred to as 'the Act'). The facts of the case giving rise to this petition may be summarised thus.2. On 18-4-1986, requisition order Ex. D/2 was issued by the District Magistrate, Barmer to Dhanji s/o Uttam Singh Rajpoot r/o Lachhmi Nagar, Barmer, owner of the heavy vehicle No. RJC 363, under Section 3(2) of the Act directing him to produce the said vehicle before him on the same day. It was served upon the accused Indra Singh. On his failure to produce the vehicle, report Ex. P/2 was sent to the Station House Officer Barmer. Thereon a case under Section 10 of the Act was registered. After investigation, a challan under this Section was filed against the accused-respondent Indrasingh in...
Jagjiwan Chand Vs. Rajasthan High Court and ors.
Court: Rajasthan
Decided on: Jan-21-1988
Reported in: 1988(1)WLN284
S.S. Byas, J.1. In this petition under Article 226 of the Constitution, the petitioner prays for quashing the order Annexure-1 dated January 24, 1985 of the Additional Registrar, Rajasthan High Court Bench, Jaipur, by which the penalty of the stoppage of two grade increments with cumulative effect was imposed on him.2. Briefly recapitulated, the case set-up in the petition is that the petitioner was working in Stamp Reporting Section in the Bench of the High Court at Jaipur in May, 1984. On May 10, 1984, he passed the file of S.B. Civil Miscellaneous Petition No. 169/1984 Narain Ram v. State of Rajas than without ascertaining whether the impugned order was filed by the party or that it was on record. When the case came up before a learned Single, he passed an order on July 25, 1984 directing the Deputy Registrar to take necessary action against the defaulter. Thereupon the Additional Registrar initiated an-inquiry against the petitioner under Rule 17 of the Rajasthan Civil Services (Cl...
Jotram and Harlal Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jan-20-1988
Reported in: 1998CriLJ1492
G.L. Gupta, J.1. This appeal is directed against the judgment of learned Additional Sessions Judge No. I, Hanumangarh dt. 18-10-77 whereby he convicted appellant Harlal under Sections 302 and 307/34, IPC and 27 of the Indian Arms Act and Jot Rain (since dead) under Sections 307 and 302/34, IPC and under Sections 25 and 27 of the Indian Arms Act. Harlal was sentenced as follows:-(a) 302, IPC Life Imprisonment & a fineof Rs. 2000/-(b) 307/34, IPC 7 Years RI and a fine ofRs. 1000/-The substantive sentences were ordered to run concurrently. He was not separately sentenced for the offence under the Indian Arms Act.2. The prosecution case can be summed up as follows: There is an agricultural land of Dashrath, first informant in village Rajpuriya. To the western side of this land there is 'Murabba' No. 40 divided in 25 'Killas'. Accused cultivated some 'Killas' of this 'Murabba'. Land of 'Killas' Nos. 14, 17, 16 and 25 was the bone of contention. In the F.I.R. Ex. P-3 lodged on 17-6-75 at 9.1...
Sita Ram Das Vs. Shri Chaturbhuj Nathji Mandir
Court: Rajasthan
Decided on: Jan-20-1988
Reported in: 1988(2)WLN548
S.C. Agrawal, J.1. This revision is directed against the order 15th October, 1982 passed by the District Judge, Tonk, dismissing the appeal filed by the petitioner against the order dated 13th July, 1982 passed by the Munsiff & Judicial Magistrate Tonk on an application submitted by non-petitioner No. 1 under Order 39 Rule 1 & 2 CPC for grant of temporary injunction in a suit filed by the non-petitioner No. 1 against the petitioner and non-petitioner No. 2.2. Shri Chaturbhuj Nath Mandir Trust, plaintiff non-petitioner No. 1 is a public trust registered under the provisions of the Rajasthan Public Trust Act, 1959 (here in after referred to as 'the Act'). The petitioner was the President of the said trust. The case of the plaintiff non-petitioner is that on 26th May, 1978 the petitioner resigned as the President of the said trust and the said resignation of the petitioner was accepted on 10th July, 1978 The case of the plaintiff-non-petitioner is further that after the acceptance of his ...
Lallu Khan Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jan-20-1988
Reported in: 1988(1)WLN474
Farooq Hasan, J.1. This criminal appeal is directed against the judgment dated July 16/24, 1985, passed by the learned Special Judge (A.C.D. cases), Jaipur, where by the appellant was found guilty for the offences and sentenced as under:Under Section 161, IPC -- One year's RI.Under Section 5(1)(d), r/wSection 5(2), Prevention -- One year's R.I. with fine of Rs. 500/-of Corruption Act, 1947 in default, 3 months R.I.2. Brief facts giving rise to this appeal are that on the report of Ram Chandia (PW 2) a case was registered at Police Station, Kishangarh and a cross case was also registered against Ramchandra (PW 2) and others at the same Police Station. In both cross-cases, the appellant, who was Station House Officer, Police Station, Kishangarh Bas was conducting the investigation. It is alleged that when Ramchandra PW2 went to the Police Station and contacted the appellant, he demanded Rs. Rs. 500/- from him saying that he would go to the site for inspection only after the complainant (...
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