Rajasthan Court December 1988 Judgments
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Goma Vs. State of Rajasthan
Court: Rajasthan
Decided on: Dec-13-1988
Reported in: 1989WLN(UC)4
Farooq Hasan, J.1. This is an appeal directed against the judgment dated 30-6-1980 passed by the Additional Sessions Judge, Ajmer in Sections case No. 2/1980 (new) whereby the accused-appellant, Goma, has been found guilty for the offence under Section 307, IPC, and he has been sentenced to undergo three year's rigorous imprisonment and to pay a fine of Rs. 500/- (in default, to further undergo 2 month's RI).2. Brief facts giving rise to this appeal are that, Ratan Singh (PW 5) lodged a report on September 4, 1979 at Police Station Adarshnagar (Ajmer) alleging therein that his younger brother, Jeet Singh (PW 4) was drawing water from a well, at the time the accused, Goma gave an axe blow on his shoulder (Jeet Singh's) and the accused, Bhoma and Mst. Lali (both have been acquitted) also inflicted injuries on the person of Jeet Singh on his right hand and head. Upon this, a case for the offence under Section 307/34, IPC was registered against the appellant Goma, and other accused, Mst. L...
SuraIn Singh Vs. State of Rajasthan
Court: Rajasthan
Decided on: Dec-12-1988
Reported in: 1989WLN(UC)170
N.C. Kochar, J.1. Appellant Surain Singh was tried in case FIR No. 41 dated 16-4-1986 of P S Padampur by the learned Addl. Sessions Judge No. 1 Sriganganagar camp Srikaranpur, who found him guilty under Section 307 IPC and sentenced him to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs. 1000/- and in default of payment of fine to undergo rigorous imprisonment for a further period of six months with a direction that the amount of fine realised from the appellant should be paid to Gurdayal Singh injured.2. The prosecution story was under-Injured was going on his cycle at about 8 p.m. on 15-4-1986 and at the time the cycle of the appellant collided with the cycle of the injured whereupon injured slapped the appellant. Next morning at about 6. 40 a.m while the injured passed from the lane in front of the house of the appellant, the appellant brought a Gandasi and gave a blow on the head of the injured with the same. The injured was removed to the hospital w...
State of Rajasthan Vs. NaraIn Das and ors.
Court: Rajasthan
Decided on: Dec-12-1988
Reported in: 1989WLN(UC)299
G.K. Sharma, J.1. This appeal is directed against the judgment dated 7-11-1979, by the which, the Chief Judicial Magistrate acquitted Narain Das from the offence under Section 3/7 of the Essential Commodities Act (E.C. Act) and convicted the respondents Ashok Kumar and Omprakash under this offence. Ashok Kumar and Omprakash have been fined Rs. 500/ each. The State has preferred this appeal against the acquittal of Narain Das, respondent and also prayed for the enhancement awarded to Ashok Kumar of the punishment and Omprakash.2. The Enforcement Officer inspected the Firm of M/s. Narain Das Shyam Sunder, 22 godown, Jaipur and found that the Firm sold kerosene oil without obtaining valid licence for its sale. The licence was with the Firm which was valid upto 31-12-72 and after that date the licence was not renewed. The Enforcement Officer was told that they had deposited the fee for the renewal of the licence. The Enforcement Officer was not satisfied about the fact of renewal of the li...
Chhogalal Alias Chhoga Vs. State of Rajasthan
Court: Rajasthan
Decided on: Dec-09-1988
Reported in: 1989WLN(UC)186
R.S. Verma, J.1. Shri Chhogalal alias Chhoga was tried and found guilty for an offence under Section 7/17 of the Prevention of Food Adulteration Act (here-in-after called 'the Act') by the learned Munsif & Judl. Magistrate, First Class, Gangapur, district Bhilwara, and was sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 1000/-and in default of payment of fine to undergo further rigorous imprisonment for six months. Aggrieved, he filed an appeal before the learned Sessions Judge, Bhilwara, and the same was transferred to the learned Addl. Session Judge, Bhilwara. Learned Addl. Sessions Judge, upheld the conviction of Chhoga for the aforesaid offence and reduced the term of sentence awarded to him by the learned trial Magistrate to six months' of rigorous imprisonment and to pay a fine of Rs. 1000/- and in default of payment of fine, to undergo three months' rigorous imprisonment. Aggrieved, Chhoga alias Chhogalal has come in revision to this Court.2. Lea...
Babushaya Vs. State of Rajasthan
Court: Rajasthan
Decided on: Dec-09-1988
Reported in: 1989WLN(UC)8
Milap Chandra, J.1. This revision petition has been filed under Section 397 read with Section 401, Criminal Procedure Code, 1973 (here in after referred to as 'the Code'), against the order of the learned Sessions Judge, Merta, dated Sept. 5, 1988 by which he dismissed the appeal and confirmed the conviction of the accused-petitioner under Section 392 read with Section 511, IPC and sentenced him to rigorous imprisonment for one year and a fine of Rs. 500/-. The facts of the case giving rise to this revision may be summarised thus.2. On October 24, 1980, Mst. Kamla (P.W 6) was working in the field Situated in village Thawla (Nagaur) at about 11 a.m. the accused petitioner came there to snatch her earing and kara , he ould not do so as she raised hue and cry. Report Ex.p/1 was lodged by her uncle Champa Lal (p w 1) in the police Station, Thawla, the same day. Thereupon, a case was registered under Section 392 read with Section 511, IPC. After usual investigation, a challan was filed agai...
Pawan Kumar Vs. State of Rajasthan
Court: Rajasthan
Decided on: Dec-09-1988
Reported in: 1989WLN(UC)165
R.S. Verma, J.1. The learned Chief Judicial Magistrate Banswara in criminal original case No. 17/75 vide judgment dated 7-7-1979 found Pawan Kumar guilty of an offence under Essential Commodities Act and convicted and sentenced him to undergo rigorous imprisonment for four month's and to pay a fine of Rs. 300 & in default of payment of time to undergo further rigorous imprisonment for two month's Aggrieved by the aforesaid judgment, Pawan Kumar went in appeal to the learned Sessions Judge, Banswara. His appeal was dismissed after due hearing by the learned Sessions Judge on 4-11-1980. Aggrieved Pawan Kumar have come in revision to this court.2. Briefly stated the prosecution case is that Pawan Kumar was granted a licence to run a fair price shop by Tehsildar Ghatol for the period from 28-12-72 to 31-3-1974 in pursuance of the Rajasthan Sugar Dealers Licensing Order, 1967 there in after called the order), on the terms and conditions specified in licence Ex. P 4. This licence inter-alia ...
Chhoga Lal Alias Chhoga Vs. State of Rajasthan
Court: Rajasthan
Decided on: Dec-09-1988
Reported in: 1989WLN(UC)15
R.S. Verma, J.1. Shri Chhoga Lal alias Chhoga was tried and found guilty for an offence under Section 7/16 of the Prevention of Food Adulteration Act (here in after called 'the Act') by the learned Munsif & Judicial Magistrate, First Class, Gangapur, District Bhilwara, and was sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 1000/-and in default of payment of fine to under go further rigorous imprisonment for six months. Aggrieved, he filed an appeal before the learned Sessions Judge, Bhilwara, and the same was transferred to the learned Additional Sessions Judge Bhilwara. Learned Additional Sessions Judge, upheld the conviction of chhoga for the aforesaid offence and reduced the term of sentence awarded to him by the learned trial Magistrate to six months of rigorous imprisonment and to pay a fine of Rs. 1000/-and in default of payment of under go three months' rigorous imprisonment. Aggrieved, Chhoga alias Chhoga Lal has come in revision to this Court....
Dhala and ors. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Dec-09-1988
Reported in: 1988(2)WLN381
Gopal Krishna Sharma, J.1. This appeal is directed against the judgment dated 13th June, 1980, passed by the Additional Sessions Judge No. 2, Bharatpur, convicting the accused-appellants under Sections 396 & 397, I.P.C., and sentencing each of them to 10 years' rigorous imprisonment and fine of Rs. 100/-, and in default of payment of fine, to further undergo 3 months' rigorous imprisonment under Section 396, I.P.C.; and to 7 years rigorous imprisonment and fine of Rs. 100/-, and in default of payment of fine, to further undergo 3 months' rigorous imprisonment under Section 397, I.P.C., respectively. Both the substantive sentences, were, however, ordered to run concurrently.2. Parma, son of Genda submitted a written-report on 27th June, 1979, at PS- Uchhain, alleging that on the intervening night of 26th & 27th June, 1979, he was sleeping out of his house At that time, he woke up hearing some' cries (Ghighhi), and saw 10-15 miscreants armed with deadly weapons. When he forwarded with a ...
Nathar Mal Vs. R.T.A. and anr.
Court: Rajasthan
Decided on: Dec-09-1988
Reported in: 1988WLN(UC)538
M.B. Sharma, J.1. The petitioner was granted renewal of a non-temporary stage carriage permit on Jaipur Diggi-Deoli amalgamated route. It appears that before the renewal was granted to the petitioner, the petitioner was plying the bus No. R(Sic)X 399 of 1958 model and the route is mixed 'A' and 'C' Class in nature, though in the petition it has been stated only a 'C' Class route, while granting the renewal of the permit on the aforesaid route to the petitioner, the R.T.A. under its Resolution No. 22, granted renewal to the petitioner subject to the condition that the petitioner will replace the bus of the prescribed model within three months. There is no dispute that the petitioner did not replace the vehicle within a period of three months as aforesaid. The petitioner applied to the R.T.A. It is not known whether he has applied within three months or thereafter, but the R.T.A. under its order dated 10-10-1986 (Annexure 3) extended the period by two months with a pre-emptory condition ...
Dr. R.R. Gupta and ors. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Dec-09-1988
Reported in: 1989(2)WLN104
1. This writ petition has been filed by 66 persons who are working as Professors/Associate Professor in various Departments of the University of Rajasthan details where of have been given in Schedule-A filed with the petition and it is not necessary to mention them here.2. All the petitioners were appointed as Teachers in the cadres of Lecturers in the University of Rajasthan in different Departments The source of recruitment for Teachers in the University of Rajasthan was direct recruitment from open market till 15-11-1984 as per the Rajasthan University Teachers and Officers (Special Conditions of Service) Act, 1974. Persons who were appointed at particular posts used to continue on those particular posts for number of years for various reasons and they remained stagnant for a pretty long time. Realising this, and to avoid frustration among the teaching community, the Act of 1974 was amended by Amending Act No. 18 of 1984 published in the Rajasthan Gazette, vide notification dated 15...
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