Rajasthan Court February 1988 Judgments
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K.N. Sharma Vs. State of Rajasthan
Court: Rajasthan
Decided on: Feb-12-1988
Reported in: 1988(1)WLN232
G.M. Lodha, Actg. C.J.1. We are glad that an Advocate of this Court K.N. Sharma, who not only according to his own assertion is committed to the concept of speedy dispensation of justice and providing legal assistance in numerous cases, but, further by way of this public interest writ petition has provided an exemplary illustration of his real anxiety for the real consumer of justice i.e. litigants, who are facing serious problems on account of nonavailability of jurisdiction to hear bail applications by Additional Sessions Jugde.2. Shri Sharma in this writ petition has pointed out that on account of a judgment of this Court in Rajesh Chowdhary v. State 1987 WLN (UC) 57 : 1986 RLW 667, in which it has been held that Addl. Sessions Judge has got no power under Section 439, Cr. PC, 1973 for considering bail application, thousands of litigants who could have normally obtained decision on the prayer of bail at the place in which the Court of Additional Sessions Judge is located or situated...
H.K. Purohit Vs. the University of Jodhpur and ors.
Court: Rajasthan
Decided on: Feb-12-1988
Reported in: 1988(1)WLN305
S.M. Jain, J.1. In this write petition the petitioner challenges the selections of respondents Nos. 3 to 8, made by the University of Jodhpur to the posts of Assistant Registrars. By advertisements, latest being of March 31, 1984, the Registrar, University of Jodhpur invited applications for the post of Assistant Registrar three permanent and one plan post. The qualifications laid down were: Bachelors degree from a recognised University and experience of about seven years in supervisory capacity in a University, Board of Secondary Education, Educational Institution of repute or college of postgraduate. Out of 116 applications who applied for the said posts, 24 were called for interview and only 18 attended the same. The selection committee made three separate recommendations on September 16, 1984. Three persons namely, Shri K.L. Paliwal, Shri S D. Khilnani and Shri B.N. Agarwal were recommended for the three non-plan posts and the name of Shri L.C. Jain was included in the reserve list...
Babu Lal Alias Babu Ram Vs. State of Rajasthan
Court: Rajasthan
Decided on: Feb-12-1988
Reported in: 1988(1)WLN696
Kanta Bhatnagar, J.1. In this application for suspension of sentence, the learned Counsel for the petitioner has alternatively prayed for a short parole to be granted to the petitioner on the ground of the marriage of his two daughters to be held on 19th of this month. Learned Counsel for the petitioner submits that the age of the father of the petitioner is 80 years and there is nobody to look after the marriage arrangements of the daughters of the petitioner.2. In view of the facts and circumstances of the case, especially, that religious rites and rituals of the marriage of his two daughters, we consider it a fit case in which he may be granted parole for a period of one month. Hence it is ordered that petitioner Babu Lal alias Babu Ram may be released on parole for a period of one month provided he furnishes personal bond for an amount of Rs. 5,000/- with one surety in the like amount to the satisfaction of the Additional Sessions Juege, Sri Ganganagar, camp at Sri Karanpur to surr...
Ashok Foundry and Metal Works (P) Ltd. Vs. State of Rajasthan and anr.
Court: Rajasthan
Decided on: Feb-10-1988
Reported in: 1988WLN(UC)219
P.C. Jain, J.1. In these writ petitions, the petitioners who are manufacturers in engineering goods, have challenged the Notification No. GSR 38 dated 28th May, 1974, by which new tariffs for the supply of electricity were introduced by respondent No. 2. The challenge of the petitioners is confined to minimum charge in respect of engineering industries.2. The facts of the case lie within a very narrow compass and may be stated thus.3. The Rajasthan State Electricity Board (here in after referred to as the Board), which is a corporation constituted by the State of Rajasthan under Section 5 of the Electricity (Supply) Act, 1948, is supplying electricity to the petitioner's factories situated in Jaipur at High tension voltage of 11 KV. The facts of the cases are more or less similar, we, therefore, refer the facts of the case of M/s Ashok Foundry and Metal Works (P) Ltd., Jaipur v. The State of Rajasthan D.B. Civil Writ Petition No. 210/1975. When the petitioner M/s. Ashok Foundry and Met...
Mangi Lal Vs. Har Sahai and ors.
Court: Rajasthan
Decided on: Feb-10-1988
Reported in: 1988(1)WLN463
S.N. Bhargava, J.1. An FIR No. 269/85 was lodged at Police Station Rajgarh, District Alwar against Mangi Lal Saini, hereinafter referred to as the 'petitioner' under Section 379/411, IPC. The petition was granted anticipatory bail by this court vide its order dated 8-1-1986. Inspite of the fact that anticipatory bail was granted to the petitioner by this Court, he was arrested by Harpal, Investigating Officer on 13-1-1986 and was produced before the Special Judicial Magistrate (Mobile) Ist Class, Rajgarh, Camp Laxmangarh (Alwar) on 14-1-1986. The police sought remand for 15 days for accused Mangilal (petitioner). The Magistrate, while considering the application for remand had seen the original diary of the case and came across a certified copy of the order passed by this Court which was there. It was noted in the case diary that it was not original order, the Magistrate granted bail to the petitioner and issued notice to the Station House Officer, Police Station Rajgarh to show cause ...
Gopal Krishan Vs. Ram Lal
Court: Rajasthan
Decided on: Feb-09-1988
Reported in: AIR1989Raj24; 1988(2)WLN197
S.C. Agrawal, J.1. This second appeal filed by the defendant Gopal Krishan Singhal, arises out of a suit for ejectment and arrears of rent filed by the respondent, Ram Lal Goyal, against the appellant, in respect of the property bearing No. AMC 32/123B(Old), now renumbered as 24/134 (new) situated in Kaiserganj, Ajmer. The case of the plaintiff-respondent was that the said property was let out to him by Shri N. N. Tondon on a monthly rent of Rs. 27/-. Shri N. N. Tondon had filed a suit (Civil Suit No. 229/64) for eviction against the plaintiff-respondent and in the said suit a decree for eviction was passed by the Munsiff Ajmer City, Ajmer on 20th August, 1965. The case of the plaintiff-respondent was further that the appellant was in occupation of the suit premises as tenant of the plaintiff-respondent. The plaintiff-respondent sought the ejectment of the appellant on two grounds, namely, (i) that the appellant had not paid the rent for the premises from 1st July, 1966 to 31st May, 19...
Hanifa and anr. Vs. Board of Revenue and ors.
Court: Rajasthan
Decided on: Feb-09-1988
Reported in: 1(1988)WLN(Rev)500
R.S. Verma, J.1. This writ petition by Mst. Hanifa and Mst. Dhanni residents of village Ranasar, Tehsil Sheo, District Banner, seeks to quash the orders and judgments of the Sub-Divisional Officer, dated 6-8-1975 of the Revenue Appellate Authority, Jodhpur, dt. 22-1-1979 and that of the Board of Revenue dated 2-3-1979 as illegal, without jurisdiction and ultra vires.2. The writ petition has come to be filed in the following way. The facts giving rise to this writ petition lie in a narrow compass. Smt. Hanifa and Mst. Dhanni filed a Revenue Suit No. 11/74 in the court of Sub-Divisional Officer, Banner, on the allegations that deceased Subhan s/o Maluk, Mira s/o Habib, Rasid s/o Roopa had joint agricultural fields bearing Khasra No. 2008 measuring 61 Bighas 11 Biswas, Khasra No. 2116 measuring 55 Bighas 10 Biswas and Khasra No. 1973 measuring 113 Bighas 3 Biswas in 'Moza' (Harsani) Ransar. Besides this land, deceased Subhan s/o Maluk and Mira s/o Habib had joint Khatedari field bearing K...
Mani Ram Vs. State of Rajasthan
Court: Rajasthan
Decided on: Feb-09-1988
Reported in: 1988(1)WLN563
J.R Chopra, J.1. This is an appeal against the judgment of the learned Additional Sessions Judge No. 2, Hanumangarh, Camp: Suratgarh, dated 11-6-1987 whereby the learned lower court has held the accused appellant Maniram guilty of the offence under Sections 302 and 458 IPC and Section 27 Arms Act and has sentenced him to 6 years rigorous imprisonment together with a fine of Rs. 500/- and in default to undergo two months' rigorous imprisonment for the offence under Section 307 IPC, to undergo 4 years' rigorous imprisonment together with a fine of Rs. 500/- and in default to undergo two months rigorous imprisonment for the offence under Section 458 IPC and to undergo two years' rigorous imprisonment together with a fine of Rs. 200/- and in default to undergo one month's rigorous imprisonment, for the offence under Section 27 Arms Act. The substantive sentences were ordered to run concurrently.2. The facts necessary to be noticed for the disposal of this appeal briefly stated are that one...
Kapura Vs. State of Rajasthan
Court: Rajasthan
Decided on: Feb-09-1988
Reported in: 1988(1)WLN549
J.R. Chopra, J.1. This is an appeal against the judgment of learned Sessions Judge, Jalore dated 29th May, 1987 where by the learned trial court has held accused Kapura guilty of the offence under Sections 376 and 342, IPC and has sentenced him to 1 years R.I. for the offence under Section 342, IPC and he has been sentenced to 7 years R.I. together with a fine of Rs 100/- and in default to undergo one month for the offence under Section 376. IPC. Along with him accused Hadmana was also held guilty of the offence under Section 342, IPC but he has preferred no appeal.2. The facts necessary to be noticed for the disposal of this appeal briefly stated area that prosecutrix Kumari Sita went to purchase sugar at about 7 or 7.30 p.m. to the shop of one Pukhraj Mahajan on 3-11-1985 in village Bhavrani. After purchasing the sugar and Tobacco, when she was returning back to her home and came on the way near 'Panchoda-ki-Seri' she met Kapura and Hadmana who induced her to company them and when th...
Kishan Singh Vs. State of Rajasthan
Court: Rajasthan
Decided on: Feb-09-1988
Reported in: 1988(1)WLN490
K.S. Lodha, J.1. This is a second application for bail on behalf of Kishan Singh, against whom a challan for offences under Sections 302 and 307 read with Section 34, IPC etc. has been filed. Earlier, an application for bail on his behalf along with co-accused Laxman Singh was moved. Pending that application, the accused had been discharged by order date 29-3-1986, as no application for judicial custody had been moved and the case diary had not been produced before the learned Magistrate on the relevant date and, therefore, that application for bail was got dismissed on 7-4-1986 as having become infructuous. Thereafter, a challan has been put up against accused Kishan Singh, who has not been taken into custody, but the other accused Laxman Singh has not yet been arrested. A fresh application has, therefore, been filed on behalf of Kishan Singh. His application for bail passed before the learned Additional Sessions Judge, Rajsamand was dismissed by order dated 2-7-1987.2. I have heard l...
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