Rajasthan Court November 1989 Judgments
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Narendra Singh Vs. State of Rajasthan
Court: Rajasthan
Decided on: Nov-17-1989
Reported in: 1989(2)WLN334
S.S. Byas, J.1. Accused Narendra Singh was convicted under Section 302 UPC and sentenced to imprisonment for life with a fine of Rs. 2,000/- in default of payment of fine to further undergo one years' rigorous imprisonment by the learned Sessions Judge, Jhainwar, by his judgment dated May 4, 1981.2. The charge against the accused was that in the early hours on 5-6-87, he committed murder of his wife Smt. Shanti by inflcting numerous injuries with a knife.3. Briefly stated the prosecution case is that the accused, who is a resident of Jiroli Kalan(UP) came to live with his wife in the town of Bhawani Mandi where his elder brother was living. Unforunately, he suspected fedility of his wife that she was having illicit relations with his elder brother. In the early hours on 5-6-87, he got up and inflicted numerous injuries with a knife to his wife Smt. Shanti, as a result of which, she passed sway instantaneously on the spot. The accused thereafter took the knife with him and went to the P...
Oriental Insurance Company Ltd. Vs. Smt. Harku Devi and ors.
Court: Rajasthan
Decided on: Nov-17-1989
Reported in: I(1991)ACC318
Milap Chandra, J.1. This appeal has been filed under Section 110-D, Motor Vehicles Act, 1939 against the order of the Motor Accidents Claim Tribunal, Jodhpur dated June IS, 1989 passed in Misc. Case No. 29-B 1988.2. On September 22, 1982, an award of Rs. 50, 850/- was passed with interest @ 9% per annum by the Motor Accidents Claims Tribunal, Jodhpur. Appeals were preferred by the appellant Insurance Company, owner and driver of the vehicle, the respondents No. 1 to 5 preferred cross-objection. After hearing the parties, the appeals were dismissed and the cross objection were partly accepted by this Court on May 26, 1988.3. The amount of compensation was enhanced to Rs. 63, 005/- and the liability of the Insurance Company was limited upto Rs. 50.000/- with proportionate interest and costs. Interest was also enhanced from 9% to 12 percent.4. An application was moved by the claimants that the Insurance Company deposited Rs. 50, 000/- in the Tribunal on April 5, 1983 and Rs. 86, 525/- are...
Doongar Chand Dangi Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Nov-16-1989
Reported in: 1990(1)WLN247
J.R. Chopra, J.1. The grievance of the petitioner is that a charge-sheet was served on him by respondent No. 3 the Deputy Inspector General of Police, Jodhpur (for short the D I.G.P. here in) on 13-6-1984 alleging that he did not give timely information about the procession of the Bhartiya Janta Party which proceeded to Court on 9-4-1984 and he also failed to give information about the incident which took place in Kamla Nehru College on 2-4-1984. An enquiry was held under Rule 17 of the Rajastaan Civil Services (Classification, Control and Appeal) Rules and the DIGP vide order Annex. 1 dated 31-8-1984 held the petitioner guilty of the above charges and punished him with stoppage of one grade increment without cumulative effect. Act appeal was preferred to the Director General of Police and that too came to be dismissed vide Annexure 2 dated 5-6-1985. A review petition was filed before his excellency the Governor of Rajasthan and that also came to be dismissed vide Annexure-3 dated 9-3-...
Barkat and anr. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Nov-16-1989
Reported in: 1989(2)WLN327
Kanta Bhatnagar, J.1. These two appeals have been directed against the judgment dated 20th of September, 1983 passed by the learned Sessions Judge, Bhilwara, by which both the appellants were convicted for the offences under Section 302 read with Sections 34, 460 and 380 IPC and sentenced to imprisonment for life and a fine of Rs. 100/-, in default to undergo one month's rigorous imprisonment each on the first count; seven year's rigorous imprisonment and a fine of Rs. 100/-, in default to undergo one month's rigorous imprisonment each on the second count and seven year's rigorous imprisonment and a fine of Rs. 100/- in default of payment of Sine to undergo one month's rigorous imprisonment each on the third count. All the substantive sentences were ordered to run concurrently. As the two appeals arise out of the same judgment, we propose to dispose them of by one common judgment.2. Briefly stated, the facts of the case giving rise to the trial and conviction of the appellants and the ...
Shanker and ors. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Nov-15-1989
Reported in: 1989(2)WLN340
M.B. Sharma, J.1. The two accused-petitioners have come to this Court in revision petition against the order dated June 11, 1986 passed by the learned Addl. Sessions Judge Dholpur. Under the aforesaid judgment the learned Judge dismissed the appeal of each of the accused petitioners in respect of conviction as well as sentence. So far as the accused-petitioner Shanker is concerned, he was convicted Under Section 325 IPC and was sentenced to undergo one year's rigorous imprisonment and to pay a fine of Rs 200/- or in default of payment of fine to further suffer two month's imprisonment. So far as the other accused-petitioner. Vishan Swaroop is concerned, the learned trial court convicted him under Section 325, IPC but has released him under Section 4 of the Probation of Offenders Act.2. I have gone through the order of the learned Additional Sessions Judge as well as the learned trial court and it may be stated at the very out set that so far as the merit of the case are concerned, I fi...
Sohan Lal and anr. Vs. Lal Khan
Court: Rajasthan
Decided on: Nov-11-1989
Reported in: 1990WLN(UC)89
Milap Chandra, J.1. This appeal has been filed against the order of the learned District Judge. Churu dated January 5, 1989 by which he determined the amount of Rs. 9,960/- as rent at rate of Rs. 150/- per month and interest Under Section 13(3), Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (here in after to be called `the Act'), the facts of the case giving rise to this appeal may be summarised thus.2. The plaintiff-respondent filed a suit in the Court of District Judge, Churu for the recovery of arrears of rent and ejectment on the grounds of default in payment of rent and reasonable bona fide necessity with the allegations, in short, that premises situated Rajwala Quan in Sardarshahar town has been purchased by the plaintiff through a registered sale-deed dated July 2, 1982 from their owners Sumermal, Anoopchand, Govind Ram, Mohan Lal, Chaturbhuj, Jaikaran and Smt. Kishni Devi. The stop existing in the aforesaid premises is in occupation and possession of the defendant...
Goyal Electri-steels Castings (P.) Ltd. Vs. Didwana Chemicals Ltd.
Court: Rajasthan
Decided on: Nov-10-1989
Reported in: [1990]67CompCas305(Raj)
Sharma, J.1. The authorised share capital of the respondent-company, Didwana Chemicals Ltd., Marwar Balia Didwana, respondent No. 1, which is as per the averment of the company petition, para 3 of the company petition, converted into a limited company, was Rs. 40,00,000 divided into 40,000 equity shares of Rs. 100 each. An order for supply of 20,387 HDPE circular woven bags at the rate of Rs. 4.20 per bag was placed by the aforesaid company on January 10, 1986, for a price of Rs. 85,625.40 and out of the aforesaid amount, Rs. 30,000 was paid and now a sum of Rs. 55,625.40 is said to be due along with interest. The case of the petitioner is that despite a statutory notice under Section 434 of the Companies Act, 1956 (hereinafter referred to as 'the Act'), the payment has not been made and a dispute has been raised in respect of the quality of the goods, which dispute is not said to be bona fide.2. It appears that it is not for the first time that the dispute has been raised in respect o...
Chaggan Lal Vs. Panchayat Samiti and anr.
Court: Rajasthan
Decided on: Nov-10-1989
Reported in: (1992)ILLJ419Raj; 1990(1)WLN269
ORDERJ.R. Chopra, J.1. Briefly stated the contention of the petitioner is that he was engaged as a daily wage driver w.e.f. April 27, 1988 and has continuously worked up to January 10, 1089 when his services were terminated. Consequently, he has worked for more than 240 days and his termination has been effected without complying with the provisions of S. 25F(a) and (b) of the Industrial Disputes Act and therefore, the termination is per se void and he deserves to be restored back to his position.2. In this respect, the contention of the respondents is that Shri Bhika Ram, driver, was regularly working in the Panchayat Samiti on the post of a driver. He fell ill and went on a long leave and, therefore, just to carry on the work of this temporary vacancy, on account of the medical leave applied by Shri Bhika Ram, this man was engaged on daily wages of Rs.20/- per day. It is not denied that he was engaged on daily wages at the rate of Rs.20/-. However, as per the respondents, he was appo...
Amar Chand Vs. State of Rajasthan
Court: Rajasthan
Decided on: Nov-10-1989
Reported in: 1990WLN(UC)36
N.C. Sharma, J.1. It is more wastage of time and energy of an Investigating Officer to remain in search of only 300, 500 or 600 gms. on opium, while the menace is more or Hashish, Charas and Heroin. An Investigating Officer can best subserve the interest of the community if be concentrates more on those offences than the offences of these petty nature simply in order to increase the statistics of the offences detected by him relating to anti-drug offence. These statistics only show a false picture when the achievement is nothing.2. With these remarks, I allow this bail application and order for release of the petitioner on bail subject to his furnishing personal bond in the sum of Rs. 4,000/- with two sureties in the sum of Rs. 2,000/- to the satisfaction of the Chief Judicial Magistrate Sri Ganganagar to appear in his court in connection which the criminal case which may be launched in pursuance of FIR No. 34 of 1989 Under Section 8/17 and 18 of the Narcotic Drugs and Pychotropic Subs...
Gatta Alias Bhagwan Singh Vs. State of Rajasthan
Court: Rajasthan
Decided on: Nov-10-1989
Reported in: 1990WLN(UC)62
M.B. Sharma, J.1. Heard the leaned Counsel for the petitioner as well as the learned Public Prosecutor.2. I would have had a reference to a larger Bench as I find myself unable to agree with the view the taken in S. B. Criminal Misc. Bail Applications No. 867/84 decided on 9-7-84, wherein it has been held that though formal arrest was made on a subsequent date the date of arrest in a case would be atleast the date of identification parade of the accused and it was fallowed in S.B. Criminal Bail Applications Nos. 863/864/865 of 1989 decided on 17th April, 1989. The reason is that an accused person who is arrested in one case it may be that on investigation his involvement is found in other case/cases also but he is not under arrest in other case/cases. The accused has to be sent and should be sent to judicial custody immediately after his arrest in case his identification parade is to be held after arrest in one case, and while the accused is in judicial custody his involvement in other...
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