Rajasthan Court December 1989 Judgments
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Nathhi Vs. State of Rajasthan
Court: Rajasthan
Decided on: Dec-12-1989
Reported in: 1989WLN(UC)392
G.K. Sharma, J.1. This appeal is directed against judgment & order dated 4th October, 1989, by which, the trial court has confiscated the gun, which was recovered from the possession of appellant Nathhi.2. The Police submitted a challan against appellant Nathhi and 5 others, for offences under Sections 147 & 302/149, IPC. In that dispute, Kanhaiya Lal was shot dead. During that quarrel, Bheema, father of the appellant, Nathhi, on behalf of the accused persons, also died. The Police registered two cases-one, on the complaint of Nathhi and other, on that of Ram Singh, whose brother Kanhaiya Lal expired.3. After the trial, the trial court acquitted all the accused persons in both the cross-cases. In Sessions Case No. 19/89, in which, the impugned order has been passed the trial court observed that from the investigation of the Police, it has been found that the gun which as recovered vide memo (Ex. P 4), from the possession of Nathhi appellant, had been used as a weapon for committing the...
Rameshwar and anr. Vs. Board of Revenue Ajmer and ors.
Court: Rajasthan
Decided on: Dec-12-1989
Reported in: 1989(2)WLN671
I.S. Israni, J.1. This petition is directed against the judgment and decree passed by the Board of Revenue, dated 11-11-1987, whereby the appeal of respondents Nos. 4 & 5 Har Dayal and Sagaria was allowed and the plaintiff petitioner's suit was dismissed.2. The petitioners filed a suit for declaration against the respondents Har Dayal and Sagaria with the allegations that the petitioners are Khatedars to the extent of 1/2 share in the land comprised of Khasra Nos. 107 & 109 measuring 1 Bigha 13 Biswas and 1 Bigha and 1 Biswas, total 2 Bighas 14 Biswas and they are in possession of their half share These Khasra numbers are old Khasra numbers. Their equivalent is 121 recorded in the new settlement. The petitioners' case is that the defendants got the land entered in their name. The plaintiff, therefore, sought a declaration that to the extent of half share, the entries of the defendant-respondents is void and ineffective as against the plaintiff-petitioners half share. Written statement ...
Sultan Khan Vs. State of Rajasthan
Court: Rajasthan
Decided on: Dec-11-1989
Reported in: 1990WLN(UC)49
K.S. Lodha, J.1. By this application Under Section 482, Cr. P. C. the petitioner has challenged the framing of charge of an offence Under Section 379, I.P.C. against him by the learned Munsif & Judicial Magistrate Ladnu, by his order dated 22-6-1989.2. I have heard the learned Counsel for the petitioner and the learned P.P. and have perused the record.3. It appears that on 1-1-1968 Patwari, Landu made a report to the Tehsildar to the effect that the petitioner Sultan Khan was raising un-authorised constructions on agricultural land o Khasra No. 1142 in village Ladnu. Thereupon, the Tehsildar directed the Inspector. Land Record to take the building material in possession and get the unauthorised constructions stopped. The Inspector then proceeded to the spot and prepared the report in respect of the un-authorised construction. Later, when the building material which was said to have been taken in possession by the Land Revenue Inspector on 2-6-1988, was sought to be auctioned, it was fo...
Jagdish and ors. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Dec-11-1989
Reported in: 1989(2)WLN318
Mohini Kapoor, J.1. This is an application under section Cr. PC for transferring the Sessions Case No. 124/85 from the Court of Shri Gyan Prakash Pandey, Additional Sessions Judge, Gangapur to some other court. A transfer application was moved before the Sessions Judge, Sawai Madhopur but the same was dismissed. Hence, the petitioner have approached this Court.2. The four petitioners are facing trial for the offence under Section 302 IPC. The evidence in the case against them has been recorded and the case is now fixed for final arguments. At this stage, the petitioners moved the transfer petition saying that on the last date of hearing the complainant Babu, brother of the deceased said that the Presiding Officer was a distant relation of him and he would be able to get the decision in this favour. This created apprehension in the minds of the petitioners that they would not be able to get fair and impartial trial. Other grounds are also raised namely that this officer bad committed th...
Ram Swaroop Vs. Lakhoo Mal and anr.
Court: Rajasthan
Decided on: Dec-08-1989
Reported in: 1990(1)WLN413
D.L. Mehta, J.1. This revision petition is directed against the order dated 11th January, 1989, passed by the learned Additional District Judge, Beawer, setting-aside the injunction order granted by the trial court restraining the defendant Municipality, from selling the land to the non-petitioner defendant Lakhoo Mal and Mohan Lal, till the disposal of the suit. Non-petitioner are the victims of the partition of the count and communal funatism and (they have migrated from their mother-land to this part of the motherland to save their life at the time of partition Municipality, Kekri, allotted them on lease a piece of land measuring 9' x 5' so that they may put the stall and carried out the business. Since then the stalls are there and die non-petitioner and his son are carrying out the business. Petitioner applied for this piece of land also for the nearby place of the said piece of land and wanted the sale. Municipality, declined to do so and this was stated by Mr. Choudhary, learned...
Bhagel Sinah and ors. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Dec-08-1989
Reported in: 1989WLN(UC)400
A.K. Mathur, J.1. This appeal is directed against the judgment of the learned Sessions Judge, Ganganagar dated 20th May, 1988 whereby the learned Sessions Judge, has convicted the accused-appellant as under:2. Brief facts of the case giling rise to this appeal are that an FIR was relied on 22nd Jan., 1987 at 1.00 a.m. by PW 1 Melasingh stating there in that on 21st January, 1987 at about 8.30 p.m. accused Bhagel Singh, Charan Singh and Bariansingh along with ladies or their house came to his house and caused beating, as a result of which one Mst. Kammobai, mother of Mela Singh died. His father and other brothers and ladies of his house also received several injuries. Nine persons were named in the FIR as assailants.3. It is alleged the during the day, the accused Beghelsingh came to their house end he tried to outrage the modesty of Mst. Passobai; PW 2. At that time nobody was in the house. When all the members of the family came to the house in the evening. PW 2 Mst. Passobai informed...
Kanta Sahgal Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Dec-07-1989
Reported in: 1990(1)WLN568
N.C. Sharma, J.1. This is writ petition under Article 226 of the Constitution of India by Kanta Sahgal challenging the termination of her service by respondent No. 5 by an order Annexure-3 dated January 9, 1989 (mistakenly written as dated January 9, 1988).2. Facts as alleged in the writ petition, in brief case that the Gurudawara Sri Guru Nanak Sat Sang Sabha (for short, here in after, 'Sabha'), respondent No. 4 is a registered society. It has established Shri Guru Nanak Deo Vidyalaya Seva Sangh situated at Gurudwara Building, Rajmal-ka Talab, Jaipur. Administration and management of this Vadyalaya is carried on by respondent No. 5. The petitioner was appointed as Assistant Teacher in the pay scale of Rs. 110-5-160-8-200-10-230 under a letter of appointment dated July 1,1972 issued under the signatures of the then Secretary of the Vidyalaya. Thereafter she was made substantive on the post of school teacher with effect from July 1,1975 and her pay was fixed at Rs 395/- in the scale of ...
Devi Lal and anr. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Dec-07-1989
Reported in: 1989WLN(UC)370
A.K. Mathur, J.1. This is an appeal directed against the order of conviction passed by the learned Additional Sessions Judge, Raisinghnagar dated 15th of April, 1989 whereby the learned Judge convicted the accused Devilal under Section 304 Part-II, IPC for seven years' rigorous imprisonment and fine of Rs. 1.000/-, in default of payment of fine six months' rigorous imprisonment and Tulcha under Section 304 Part-II read with Section 34, IPC for seven years rigorous imprisonment and fine of Rs. 1,000/-, in default of payment of fine to undergo six months' rigorous imprisonment.2. Brief facts of the case giving rise to this appeal on 20th January, 1987 at about 11.30 complainant Narayan filed a First Information Report at Police Station Chadsana stating therein that deceased Jiwanram was son of his Mama, Jiwanaram had come to his house to see him in the morning at about 12 p.m., when both of them were going to Rawla Mandi and when they were near the house of Ramrakh Bawri, they saw that a...
Swastik Metals Vs. Union of India (Uoi)
Court: Rajasthan
Decided on: Dec-06-1989
Reported in: 1990(49)ELT45(Raj)
A.K. Mathur, J.1. In all these three writ petitions, common questions of law and facts are involved. Therefore, they are disposed of by this common.2. For the convenient disposal of all these writ petitions, the facts of S.B. Civil Writ Petition No. 1753/1989 : M/s. Mehta Metals Industries are taken into consideration.3. The brief facts giving rise to this writ petition are that the petitioner M/s. Mehta Metal Industries is a partnership firm duly registered under the provisions of the Indian Partnership Act, 1932. The petitioner is a re-roller of stainless steel product namely known as 'Patta'. The product is roughly shaped. It is even in shape, size and thickness. The petitioner installed small equipment which are capable of rolling only small piece of raw materials from 2 to 10 kg. in weight. The Rolling equipment or machinery installed by the petitioner are not strip mills and there is no provision of facilities for coiling and de-coiling the rolled product. The product manufacture...
Bhanwar Lal Vs. Union of India (Uoi) and ors.
Court: Rajasthan
Decided on: Dec-06-1989
Reported in: 1990WLN(UC)95
S.C. Agarwal, J.1. Bhanwar Lal, the petitioner in this writ petition, filed Under Article 226 of the Constitution was appointed as casual labourer on T.L.A. basis on 4th May, 1980. The case of the petitioner is that his services were terminated on 31st December, 1985 and he raised an industrial dispute before the Conciliation Officer i.e. Assistant Labour Commissioner (Central) Ajmer, (respondent No 5 here in) where in he submitted that the termination of the services was in contravention of the provisions of Section 25F 6f the Industrial Disputes Act, 1947 (here in after referred to. as 'the Act'). The petitioner has also stated that conciliation proceedings were held by respondent No. 5 and inspite of representations the respondent No. 5 has not submitted the failure report and no orders have been passed by the appropriate Government for referring the industrial dispute for adjudication. The petitioner has, therefore, prayed that the respondents be directed to make a reference to the...
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