Rajasthan Court February 1988 Judgments
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J. Om Prakash Vs. State of Rajasthan
Court: Rajasthan
Decided on: Feb-23-1988
Reported in: 1988(1)WLN510
N.M. Kasliwal, J.1. The petitioner by this petition under Section 482, Cr. PC, has sought to quash the proceedings in Criminal Case No. 7/1987 pending in the Court of judicial Magistrate No. 4, Jaipur, against him.2. Brief facts of the case are that one Madhusudan was married to Mst. Manju D/o Peshori Lal Babbar in October, 1983. On December 15, 1985, Mst. Manju died by burning. Madhusudan reported the matter to Adarash Nagar Police Station, Jaipur. On this information, Adarsh Nagar Police Station registered the case and started investigation. During the investigation, the statements of the parents of Mst. Manju were also recorded. The parents made statements that they did not suspect any foul play. The police submited a report that the case was of suicide. Subsequently, at the instance of father of Mst. Manju, the case was referred to CID, Jaipur for further investigation. The case was registered as FIR No. 98/1986 under Sections 306 & 498A, IPC. While the case was being investigated ...
Sukhraj Singh Vs. the High Court of Judicature for Rajasthan and ors.
Court: Rajasthan
Decided on: Feb-20-1988
Reported in: 1988(2)WLN203
1. This petition arises under extraordinary circumstances and is based on allegations of deep intricacies suspected rivalries, intolerance of disloyalty on jejure affairs, at the highest elter of judicial functionaries in the State. It contains allegations as to how the Registrar of High Court appointed by one Chief Justice becomes an eye sore of other judges with whom he does not toe in line or does not fulfil their wishes.2. The case of the petitioner is that he was a practising lawyer at Jodhpur when he was offered an appointment to the Rajasthan Higher Judicial Service and he joined on November 21, 1977 as Additional District & Sessions Judge, Udaipur. He was confirmed in the month of November, 1979 after the completion of probation period. He was appointed as Registrar of Rajasthan High Court in the month of November, 1983 by the then Chief Justice Shri P.K. Benerjee. Shri P.K. Banerjee retired on September 30, 1985 and the petitioner remained posted as Registrar until October 10,...
Roop Singh Vs. State of Rajasthan
Court: Rajasthan
Decided on: Feb-19-1988
Reported in: II(1989)ACC236; 1989CriLJ241; 1988(1)WLN497
ORDERJ.R. Chopra, J.1. Through this revision, the judgment of the trial Court rendered by the learned Judicial Magistrate I Class (Roadways) Hanumangarh dated 23-9-81 and the appellate judgment of the learned Addl. Sessions Judge No. 1, Hanumangarh dated 14-9-82 have been challenged on a purely legal ground. It is alleged that the trial Court as also the appellate court convicted the accused on the basis of the old Section 117 of the Motor Vehicles Act. The incident took place on 28-7-79 at about 2 P.M. when the accused was found driving Roadways-vehicle No. RSG 2724 under the influence of Alcohol. It is alleged that he had no control over the vehicle and, therefore, the Bus was unsteady. Medical examination of the accused was not conducted and it was pointed by the Doctor that accused Roopsingh was under the influence of Alcohol. On that basis, a complaint was lodged before the learned Roadways Magistrate who held the accused guilty as aforesaid and that judgment was upheld by the lea...
Vardaram Vs. State of Rajasthan
Court: Rajasthan
Decided on: Feb-19-1988
Reported in: 1989CriLJ724; 1988(2)WLN139
ORDERJ.R. Chopra, J.1. This petition under Section 482 Cr. P.C. has been filed against the order of learned M.J.M., Sumerpur dated 21-1-88 whereby the learned lower Court has taken cognizance against the accused under Sections 315 and 317 I.P.C. on the basis of the police papers filed under Section 173 Cr. P.C. It was contended before the learned lower Court that the DIG has ordered for reinvestigation of this case and so the challan filed against accused Vardaram be returned to the police. That contention was not accepted by the learned lower Court and Mr. Bora appearing for the accused petitioner also does not press that contention. His submission however is that firstly, the learned Magistrate should not have taken cognizance against him without supplying to him copies of the challan papers and secondly he has submitted that when the case against the co-accused is being reinvestigated, there was no hurry for the Magistrate to have taken the cognizance against the petitioner. He coul...
Mohammed HussaIn and anr. Vs. Abdul Rahim by His Lrs Abdul Karim and o ...
Court: Rajasthan
Decided on: Feb-19-1988
Reported in: 1988(2)WLN561
S.C. Agrawal, J.1. This is the plaintiff's second appeal arising out of a suit for eviction.2. The premises in dispute is a Kachcha house situate in Jaipur City. The said premises were let out to the defendant Abdul Rahim on 1st December, 1966 on a monthly vent of Rs. 6/- per month. The said premises were purchased by the plaintiff. Smt. Umrao, on 21st Sep., 1971. After purchasing the said premises, the plaintiff served a notice dated 25th April, 1972! requiring the defendant, to vacate the premises and on his failure to do so, the plaintiff filed the suit giving rise to this appeal on 15th July, 1972. The said suit was based on the ground that the defendant had failed to pay the rent for the premises for the period from 21st September, 1971 and further that the premises were required by the plaintiff for personal occupation, as she is living in a rental premises. The said suit was contested by the defendant. The Munsif and Judicial Magistrate first class Jaipur City (East), Jaipur, by...
Umrav Vs. State of Rajasthan
Court: Rajasthan
Decided on: Feb-19-1988
Reported in: 1988(1)WLN501
F. Hasan, J.1. Had Chhaganlal PW8 SHO, PS Khandela no authority to conduct impugned search in the absence of a specific notification under Section 42 of the Narcotic Drugs and Psychotropic Substances Act, 1985 which was only issued and came into effect after the impugned search, if so, was trial against the appellant vitiated and could the conviction and sentence not sustain; is a twin question which calls for an answer in this appeal arising out of the judgment dated 27-11-1987 passed by the Additional Sessions Judge, Neem-ka-Thana, in the offences which have the nefarious effect playing havoc with the health and well-being of a large segment of the society. So, in the preface of this judgment I must make it abundantly clear that I do not look upon with equanimity on offences under the Narcotic Drugs and Psychotropic Substances Act, 1985.2. Factual narration has little relevance to the issues raised and canvassed at the hearing. The chronology of events here in narrated would bring to...
Panchayat Shri Digamber JaIn Mandir and anr. Vs. Shri Chiranji Lal Pat ...
Court: Rajasthan
Decided on: Feb-18-1988
Reported in: 1988(2)WLN565
S.C. Agrawal, J.1. This revision has been filed by the defendants against the order dated 25th July, 1987 passed by the Addl. District Judge No. 1. Jaipur City in civil suit No. 13 of 1978 filed by the opposite party against the petitioners. The said suit relates to the Digamber Jain Mandir situate on Station Road, Jaipur. It has been registered as a public trust under the provisions of the Rajastnan Public Trusts Act, 1959 (here in after referred to as the Act) and by order dated 27th, 1974 passed by the Assistant Commissioner, Devasthan, Jaipur Region, Jaipur, entries in relation to the said Trust have been made in the Register of Public Trusts wherein certain properties have been shown as belonging to the Trust. The said order of the Asstt. Commissioner was affirmed, in appeal, by the Devasthan Commissioner, Rajasthan by his order dated 29th March, 1976. Feeling aggrieved by the aforesaid orders passed by the Assistant Commissioner Devasthan, and the Commissioner, Devasthan and the ...
Pishori Lal Babhar Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Feb-18-1988
Reported in: 1988(1)WLN461
I.S. Israni, J.1. This is an application for cancellation of bail under Section 439(2), Cr.PC, granted under Section 438, Cr.PC to the non-petitioners No. 2 to 5.2. Briefly stated the facts of the case are that Smt. Manju died on December 15, 1986 on account of burns. A report of the incident was made to the Police Station, Adarsh Nagar, Jaipur where a case was registered on the same day. During the course of investigation/enquiry the statements of petitioner Pishori Lal and Smt. Sheela father and mother of the deceased were recorded on December 16, 1985 in the presence of Dy. S.P. who counter signed the said statements. In these statements, no allegation of cruelty of dispute on account of any demand of dowery, etc., was alleged and it was also stated that deceased Manju did not complain against any member of her in laws. The cremation of the deceased was made in presence of the petitioner. Thereafter about 10 days, the petitioner made a complaint in the form of a letter/application o...
Babuda Vs. State of Rajasthan
Court: Rajasthan
Decided on: Feb-18-1988
Reported in: 1988(1)WLN701
J.R. Chopra, J.1. This is a jail appeal against the judgment of the learned Sessions Judge, Udaipur dated January 31, 1987, whereby the learned Sessions Judge has held the accused appellant Babuda guilty under Section 397, 380 and 451, IPC and sentenced him to seven year's rigorous imprisonment on the first count, two year's rigorous imprisonment with a fine of Rs. 50/- on the second count and one year's rigorous imprisonment together with a fine of Rs. 50/- on the third count.2. The facts giving rise to this appeal, briefly stated, are that in the night intervening between 13th and 14th of September, 1985, complainant Galla and his wife Smt. Fagnu were sleeping in one kothe of their house and his mother was sleeping in the outer portion of the house, locally called Patsal (Patal). It is alleged that three persons, armed with lathis, entered the house of Galla gave beating to Smt. Banni mother of Galla and snatched her silver Hansali and Zoolki. On hearing her cries, her son Galla came...
Gewar Chand Kesari Mal Vs. State of Rajasthan
Court: Rajasthan
Decided on: Feb-12-1988
Reported in: [1988]71STC270(Raj); 1988(1)WLN763
K.S. Lodha, J.1. This revision under Section 15(1) of the Rajasthan Sales Tax Act, 1954 (hereinafter referred to as 'the Act') has been filed by the assessee, Gewar Chand Kesari Mal, against the order of the learned Member, Rajasthan Sales Tax Tribunal, Ajmer, dated 14th August, 1987, by which the petitioner's application for rectification of an earlier order of the Tribunal dated 15th May, 1987 was rejected as also against the original order passed in appeal by the said Tribunal on 15th May, 1987.2. A preliminary objection was raised by the learned Counsel appearing on behalf of the sales tax department that no revision lies before this Court against an order passed under Section 17 of the Act as a revision only lies to this Court against an order passed under Section 14B of the Act under Section 15(1) of the Act. It was also objected that one revision could not have been filed against two different orders. A third objection was also that if the revision is to be treated against the o...
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