Rajasthan Court December 1989 Judgments
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Shiv Raj Singh Rathore Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Dec-20-1989
Reported in: 1990(1)WLN671
N.C. Sharma, J.1. Heard him. This is a writ petition Under Article 226 of the Constitution of India where in the petitioner has prayed for the quashing of an order passed by the Deputy Inspector General of Police (Headquarters) Rajasthan, Jaipur on March 9, 1988 and for a direction to the respondents to appoint the petitioner on the post of Sub-Inspector of Police (CP) from June 22, 1987 with all benefits.2. The facts leading to the filing of this writ petition lie in a narrow compass. The petitioner's father late Shri Anand Singh was posted as Suq-Inspector of Police (CD) in Police Department at District Bikaner. He expired while in service after 22 years of his renowed services to State on September 16, 1979. At the time of the death of the petitioner's father Anand Singh, the petitioner was his major son. He was matriculate and was appointed as Lower Division Clerk in the office of Superintendent of Police, Bikaner in pursuance of the provisions contained in the Rajasthan Recruitmen...
Nagarmal Vs. State of Rajasthan
Court: Rajasthan
Decided on: Dec-19-1989
Reported in: 1990WLN(UC)80
M.B. Sharma, J.1. The accused-petitioner was convicted by the learned Chief Judicial Magistrate, Jhunjhunu in criminal case No. 240/1978 under its judgment dated 31st December, 1981 for an offence Under Section 7/16 of the Prevention of Food Adulteration Act, 1954 (for short the Act) and was sentenced to under go six months simple imprisonment and to pay a fine of Rs. 1,000/- and in default of payment of fine to further suffer three months simple imprisonment. The accused petitioner filed and appeal against the aforesaid judgment before the learned Sessions Judge, Jhunjhunu, who under his judgment dated 19th September, 1986 dismissed the appeal both in respect of conviction as well as sentence.2. In assailing the judgment of the learned section Judge, the learned Counsel for the petitioner has inter alia contended (i) that the milk was not stirred when the sample was taken; (ii) that there is serious delay in filing the complaint as a result of which the case of the accused is prejudic...
Ghasi and anr. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Dec-18-1989
Reported in: 1990(1)WLN139
I.S. Israni, J.1. This criminal appeal Under Section 374(2), Cr. PC has been filed against the judgment and order dated June 3, 1981 and June 6, 1981 respectively passed by Kerned District and Sessions Judge, Bundi in Criminal Case No. 84/1980 whereby the accused persons have been convicted as under: Accused-Appellant Kalu has been convicted Under Section 304, Part-I, IPC, to 5 years R.I. and a fine of Rs 1,000/-. In default of payment of fine he shall undergo a further imprisonment for a period of 6 months R.I He has also been convicted Under Section 323, IPC, to 6 months' R.I. and a fine of Rs 2,00/- In default of payment of fine he shall undergo further rigorous imprisonment for one month. Both sentences are to run concurrently. Accused-Appellant Ghasi has been sentenced Under Section 304, Part-I read with Section 34, IPC td 4 year's rigorous imprisonment and a fine of Rs. 500/-. In default of payment of fine he shall undergo further rigorous imprisonment for a period of 6 months ri...
Sawai Madhopur Co-op. Marketing Society Ltd. Vs. Rajasthan State Co-op ...
Court: Rajasthan
Decided on: Dec-16-1989
Reported in: AIR1991Raj121; 1990(1)WLN437
M.C. Jain Actg. C.J. 1. This special appeal under Section 18 of the Rajasthan High Court Ordinance, 1949 is directed against the judgment of the learned single Judge dated May 14, 1985 whereby the learned single Judge allowed the writ petition and he set aside the order of the Rajasthan State Co-operative Tribunal, Jaipur dated 15-11-1975 and remanded the case back of the said Tribunal to decide the appeal filed by respondent No. 3 Shri N.K. Tyagi against the order dated 16-2-1971 passed by the Deputy Registrar, Co-operative Socities, Bharatpur Zone, Bharatpur on merit in accordance with law.2. A few facts may briefly be noticed.The petitioner respondent No. 3 was appointed as Manager of the Sawai Madhopur Co-operative Marketing Society Ltd. vide order dated October 23, 1961. The Chairman of the Society suspended him on 16-1-1969 and thereafter he was served with a charge-sheet dated 1-3-1969. Thereafter without any enquiry into the alleged misconduct of the petitioner his services wer...
Mohan Lal Vs. State of Rajasthan and anr.
Court: Rajasthan
Decided on: Dec-16-1989
Reported in: 1989WLN(UC)393
Mohini kapoor, J.1. A complaint for the offence under Section 500 IPC was presented by the non-petitioner No. 2 in the court of Munsif cum Judicial Magistrate Jhunjhunu in which the petitioner was named as accused. Statement of the complainant under Section 200 Cr.P.C. was recorded and thereafter, the learned Magistrate took cognizance on 9-5-88. This order has been challenged by the accused petitioner on the ground that the court at Jhunjhunu has no jurisdiction to take cognizance of the offence.2. The facts may be briefly looked into the petitioner as well as the non-petitioner No. 2 are both the Government servants and a dispute about seniority is pending between them. The petitioner claims to be senior to the respondent No. 2 but in the seniority list the respondent No. 2 has been shown as senior. The petitioner while working as a Office Superintendent in the office of the Collector, Sawai Madhopur wrote a letter by way of representation to the Chairman, Board of Revenue, Rajasthan...
Smt. Sukhi and ors. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Dec-16-1989
Reported in: 1989(2)WLN320
Kanta Bhatnagar, J.1. This appeal is directed against the judgment dated 27-9-1984 passed by the Additional Sessions Judge. Nagaur by which the three appellants Deepa Ram, Chutra Ram and Smt. Sukhi have been convicted under Section 302/34, IPC and sentenced to imprisonment for life and a fine of Rs. 10/-, in default to undergo three month's rigorous imprisonment each.2. The prosecution case is that on 13-9-1983. Kumbha Ram deceased had gone in his filed. Lichhman Ram informed him that the cattle or the accused had entered the field of Kumbha Ram. Upon this Kumba Ram repremanded, Deepa Ram caused injuries to him with a stick. At this both of them entangled and in that scuffle Deepa Ram caused Lathi injury to deceased Kumbha Ram. Lichhman Ram and his wife Smt. Sukhi, who were cutting Bajra heads in their field nearby rushed to the rescue of Kumbha Ram. Chutra Ram inflicted Lathi blow causing injury on the neck of Kumbha Ram. Chutra Ram took the sickle from the hand of his Smt. Sukhi and ...
Ramesh Chandra Vs. State of Rajasthan
Court: Rajasthan
Decided on: Dec-14-1989
Reported in: 1990(1)WLN341
S.S. Byas, J.1. In this petition for a writ of habeas corpus under Article 226 of the Constitution, the petitioner challenges his detention Under Section 3(2) of the National Security Act, 1980 (here in after to be referred to as the Act of N.S.A.)2. As per averments disclosed in the petition, be is a resident of village Saledakala P. S. Chechat, District Kota. In pursuance to the order of the District Magistrate dated March 20, 1989 passed Under Section 3(2) and (3) of the Act, he was arrested and lodged in Central Jail, Kota on the same day, The grounds of detention Annexure-1 dated March 23, 1989 were served on him on the same day. The order of his detention was approved by the State Government Under Section 3(4) of the Act on 31-3-1989. The matter was placed before the Advisory Board and the Board was of the opinion that there was sufficient cause of the detention of the petitioner. The State Government thereafter passed order Annexure R/2 on 29-4-1989 and fixed the period of 12 mo...
Bashir Mohd. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Dec-14-1989
Reported in: 1989WLN(UC)367
G.K. Sharma, J.1. This appeal is directed against the judgment dated 31-3-1982 by which, the appellant has been found guilty of the offence under Section 5(1)(d) read with Section 5(2) of the Prevention of Corruption Act and sentenced him to one year's R.I. and a fine of Rs. 500/-, in default of payment of fine to undergo three month's imprisonment. Under Section 161 IPC be was sentenced to one year's R.I. Both the sentences were ordered to run concurrently.2. According to prosecution story on 5-12-1979 one Kanhaiya Lal submitted an oral report before the Addl. S.P. Anti Corruption Department Kota where in it was alleged by him that an Ox of his brother-in-law was stolen away and a report to that effect was got registered at Police Station, Khanpur For the purpose of recovery of ox, he paid Rs. 300/- as bribe to Bashir Mohd. The ox was recovered from village near Aklera. Thereafter, the Police got falsely implicated his nephew Shankar in the theft case. The SHO Bashir Mohd. demanded Rs...
Babu Singh Vs. State of Rajasthan
Court: Rajasthan
Decided on: Dec-14-1989
Reported in: 1989(2)WLN362
S.S. Byas, J.1. Accused Babu Singh was convicted under Sections 302 & 324 IPC and sentenced to imprisonment for life with a fine of Rs 500/- and rigorous imprisonment for two year's with a fine of Rs. 500/- on the respective counts by the learned Additional Sessions Judge (1), Ajmer by his judgment dated June 18, 1988. The accused has come-up in appeal and challenges his conviction.2. At about 7-50 p.m. on 22-12-1984, PW 4 Radhey Shyam appeared at G.R.P. Station, Ajmer with a bleeding wound on his neck, he was employed as a 'Rakshak' (constable) in the Railway Protection Force and his duty hours on that day were from 6.00 p.m. to 12 p.m. He stated before the S.H.O. Modsingh PW 14 that while taking rounds at the railway station, he leached the R.P.F. post near which bicycles are kept at about 7.30 p.m. He found a healthy-man around 55-60 years in age with white hair beard and mousteche. As bicycles are generally stolen from that place he asked that man as to why he was standing there. T...
Veer Punerjai Vs. State of Rajasthan
Court: Rajasthan
Decided on: Dec-13-1989
Reported in: 1990CriLJ1692; 1990(1)WLN596
ORDERM.B. Sharma, J.1. Learned counsel for the petitioner has contended that the judgment dt. Nov. 9, 1989 of the learned Addl. Sessions Judge Karauli, Camp Hindaun, remanding the case to the trial Court for putting a question under Section 313, Cr. P. C. to the accused in respect of the report of Director, Central Food Laboratory that the article of food was adulterated, is not in accordance with law because besides this point, other points were also taken but the learned appellate Court did not consider other points, and had those points been considered, according to the learned counsel for the petitioner, it would have resulted in the acquittal of the accused petitioner.2. So far as the relevant facts are concerned, they are these. Food Inspector purchased Ice Candey from the accused petitioner for the purpose of analysis. It was divided in three equal parts and after adding the requisite quantity of formal in the samples were sealed, one of which was sent to Public Analyst, who on ...
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