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Rajasthan Court January 1989 Judgments

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Jan 16 1989

Bhanwar Singh Vs. State of Rajasthan and ors.

Court: Rajasthan

Decided on: Jan-16-1989

Reported in: AIR1990Raj73; 1989WLN(UC)382

Verma, J. 1. The facts giving rise to this appeal lie in a narrow compass. Appellant Bhanwar Singh holds one contract carriage permit for the whole of Rajasthan being P. Co. P. 1716 of 1983. According to him, he is entitled to ply buses against the aforesaid permit in the whole of Rajasthan. Rajasthan State Road Transport Corporation (R. S. R. T. C.) is running stage carriages on a number of routes, State as well as inter-Statal. With the introduction of Chapter 4A in the Motor Vehicles Act (hereinafter called 'the Act'), a large number of schemes for stage carriages as well as contract carriages for various routes in Rajasthan have been approved and notified. It is alleged that the Corporation has not implemented these schemes in spite of the fact that a period of more than 29 years has elapsed since the coming into force of the aforesaid schemes. For Jodhpur region itself, there was a scope of 200 contract carriage permits yet the R. S. R. T. C. did not obtain a single contract carri...


Jan 16 1989

Mehta and Company and ors. Vs. State of Rajasthan and anr.

Court: Rajasthan

Decided on: Jan-16-1989

Reported in: 1989CriLJ2165; 1989WLN(UC)409

ORDERG.K. Sharma, J.1. These revision petitions have been preferred against the order dt 29th Dec., '81, by which, the trial Court ordered to issue process against the petitioners except petitioner 1.2. The facts of Revision petitions 97 and 53 of 1982, are similar, while those of Revision Petitions Nos. 98 and 52 of 1982 are similar. In all these revision petitions, a common question of law is involved, and hence they are disposed of by this common order.3. In Revision Petitions Nos. 97 and 53 of 1982, a complaint was filed by the Drug Inspector, Pali, against M/s. Mehta and Co. and Harakcharfd Jain, c/o. M/s. Vimal Medical Store, Shivganj. According to that complaint, the Inspector had taken some sample on 17th Oct., '76, which was sent to chemical examiner and the said sample on examination, was found of sub-standard, and hence, the said complaint was filed.4. So far as Revision Petitions 98 and 52 of 1982 are concerned, a complaint was filed against M/s. Vimal Medical Stores, Shivg...


Jan 16 1989

Chunni Lal and anr. Vs. Jemna Lal and anr.

Court: Rajasthan

Decided on: Jan-16-1989

Reported in: 1989WLN(UC)439

Navin Chandra Sharma, J.1. I have heard the learned Counsel for the parties in this appeal.2. It has been found by both the courts below that the 'Pol' and the 'Chowk' in question belongs to the plaintiffs.3. This finding of fact cannot be disturbed in second appeal.4. The only question is whether the decree for mandatory and permanent injunction granted by the courts below should be sustained or only reasonable compensation be awarded to the plaintiff. What the defendants Nos. 5 and 6 have done is only that they have taken a water connection from the Public Health Engineering Department at Chittorgarh and in connection with that, water pipe line has been laid though the Pol and the Chowk in question in order that the same may reach the house of defendants Nos. 5 and 6. The learned Counsel for the plaintiffs-respondents has referred to a decision of a learned Single Judge of this court in Ramnarain Lal v. Gordhan Lal reported in 1959 RLW 307 in order to contained that the grant of perm...


Jan 11 1989

Mohan Lal Vs. State of Rajasthan

Court: Rajasthan

Decided on: Jan-11-1989

Reported in: 1989WLN(UC)430

Milap Chandra, J.1. This revision petition has been filed under Section 397 read with Section 401, Cr.P.C. here in after to be called 'the Code against the judgment of the learned Additional Sessions Judge, Bhilwara, dated August 18, 1981 by which he dismissed the appeal of the accused petitioner and confirmed his conviction under Rule 114(11), Defence of India Rules, 1971 (here in after to be called 'the Rules') read with clause (3) of the Rajasthan (Display of Prices and Stock of Essential Commodities) Order (hereinafter to be called 'Order') 1975 and sentence of imprisonment till rising of the court and payment of fine of Rs. 300/- and also confiscation of 1200 kilograms of groundnut. The facts of the case giving rise to this petition may be summarised thus.2. During the year 1975, the accused-petitioner was carrying on the business on sale and purchase of groundnuts, oil etc. in the village Mahuvakhurd Tehsil Banera, District Bhilwara. On November 27, 1975 at 915 AM. Enforcement In...


Jan 10 1989

K.N. Mathur and anr. Vs. State of Rajasthan and anr.

Court: Rajasthan

Decided on: Jan-10-1989

Reported in: 1990(1)WLN210

J.S. Verma, C.J.1. The point involved for decision in both these petitions is the effect of the amendment made in the Rajasthan Forest Service Rules, 1962 by the Rajasthan Forest Service (Amendment) Rules, 1985. These amendments were made in exercise of the powers conferred by Proviso to Article 309 of the Constitution of India by Notification dated June 22, 1985 published in the Rajasthan Gazette (Extraordinary) dated June 26, 1985. According to clause 1 (ii) of these amendments they came into force on the date of their publication in the Rajasthan Gazette. The contention of the petitioners is that these amendments are merely declatory and must be deemed to declare the position existing under the Rajasthan Forest Service Rules, 1962 even prior to these amendments. The question is, whether this contention can be accepted?2. The petitioners in both these petitions applied for selection for the Diploma Course in Forestry and after being so selected and getting the Diploma, were appointed...


Jan 09 1989

Mehta Printing Industries Vs. Lila Devi

Court: Rajasthan

Decided on: Jan-09-1989

Reported in: 1990ACJ542; 1989(2)WLN98

N.C. Sharma, J.1. This is an appeal under Section 30 of the Workmen's Compensation Act, 1923, by M/s. Mehta Printing Industries against the judgment dated May 5, 1987 passed by the Workmen's Compensation Commissioner, Pali.2. Facts in brief are that on November 29, 1984, respondent Lila Devi filed an application before the Workmen's Compensation Commissioner, Pali, for grant of compensation on account of the personal loss sustained by her due to the death of her husband Balkishan in the course of his employment with the appellant. It was alleged by Lila Devi that her husband Balkishan was a workman employed by the appellant on October 6, 1984. Balkishan died on that day as he fell in the well during the course of his employment with the appellant as his duty was to maintain the pipe connecting the well. The monthly wages of the deceased were stated to be Rs. 900/- and he was 26 years of age at the time of his death.3. The claim of Lila Devi was contested by the appellant who denied the...


Jan 09 1989

Vimal Chand Lodha Vs. Income Tax Officer, C-ward and anr.

Court: Rajasthan

Decided on: Jan-09-1989

Reported in: 1989WLN(UC)57

G.K. Sharma, J.1. This petition under Section 482, Cr.P.C. has been preferred against the order dated 19th August 1988, passed by the CJM Economic Offences, Jaipur, by which he ordered to issue warrant of arrest against the petitioner.2. This is a case of very petty nature Mr. Singh argued that this is a case of not filing the Income-Tax Department since 1971, and he has been regularly submitting his returns unfortunately, the returns for the assessment year 1981-81, 1981-82, 1982-83, & 1983-84 were not submitted by the petitioner, in time, through they were submitted, later on, for not submitted his returns for the aforesaid years, the petitioner was prosecuted by the Income-Tax Department. The learned trial court after taking cognizance against the petitioner, issued a non-bailable warrant against him Aggrieved by that order of issuance of non-bailable warrant, the present petition has been preferred.3. Mr. Garg argued that in such matters, no petition under Section 482, Cr.P.C. lies...


Jan 09 1989

Mehta Printing Industries Vs. Leela Devi

Court: Rajasthan

Decided on: Jan-09-1989

Reported in: II(1989)ACC170

N.C. Sharma, J.1. This is an appeal under Section 30 of the Work-men Compensation Act, 1923, by M/s. Mehta Printing Industries against the judgment dated May S, 1987 passed by the Workmen's Compensation Commissioner, Pali.2. Facts in brief are that on November 29, 1984, respondent Lila Devi filed an application before the Workmen Commissioner, Pali, for grant of compensation on account of the personal injury sustained by her due to the death of her husband Balkishan in the course of his employment with the appellant. It was alleged by Lila Devi that her husband Balkishan was a workman employed by the appellant on October 6, 1984. Balkishan died on that as he fell in the well during the course of his employment with the appellant, as his duty was to maintain the pipe connecting the well. The monthly wages of the deceased were stated to be Rs. 900/- per month and he was 26 years of age at the time of his death.3. The claim of Lila Devi was contested by the appellant who denied the employ...


Jan 06 1989

Sidra Alias Sirdara Vs. State of Rajasthan

Court: Rajasthan

Decided on: Jan-06-1989

Reported in: 1989WLN(UC)276

K.S. Lodha, J.1. Appellant Sidra alias Sirdara has filed this appeal against his conviction under Section 302, IPC and sentence for imprisonment for life and a fine of Rs. 1,000/- in default, six months' further rigorous imprisonment, passed against him by the learned Sessions Judge, Balotra by his judgment dated August 5, 19852. The case is based purely on circumstantial evidence. The circumstances, relied upon by the prosecution were motive; (2) that the accused had gone along with the deceased Khana Ram on January 5, 1985 for grazing their sheep and goat; (3) that in the evening, the deceased did not return and enquiry was made from the accused about him, whereupon, he i.e. the accused stated that the deceased had gone in search of a straying goat;(4) that even thereafter, on search, when the deceased was not found, the accused was again contacted in the morning of January 6, 1985 and at that time, the accused give a different reply, viz. that he had parted company with him at, Tala...


Jan 06 1989

State of Rajasthan Vs. Sakudi

Court: Rajasthan

Decided on: Jan-06-1989

Reported in: 1989WLN(UC)143

Milap Chandra, J.1. This is a revision petition under Sections 497 and 401, Code of Criminal Procedure, 1973 against the order of the learned Sessions Judge, Balotra dated December 5, 1987 by which he discharged the accused-respondent Sakudi on the ground that there exists no material on record for framing charge against her under Section 302, IPC.2. It has been contended by the learned Public Prosecutor that at the instance of the accused-respondent Sakudi. a Lathi was recovered by which the deceased Baliya was injured and the prosecution Witness Mal Singh saw the accused Sakudi running towards the deceased Balia.3. I reply, it has been contended by the learned Counsel for the accused-respondent Sakudi that the revision petition deserves to be dismissed on the ground that the fact stated in it are totally incorrect, it is stated there in that Sakudi murdered her husband and the prosecution case is that she murdered Balia. He further contended that the Court allowed time to amend the r...


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