Rajasthan Court December 1989 Judgments
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Madhusudan Sharma Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Dec-06-1989
Reported in: 1990(1)WLN312
N.C. Sharma, J.1. This is a writ petition by Madhusudan Sharma under Article 226 of the Constitution of India for issue of mandamus to the respondents directing them to employ the petitioner in the State Government service in accordance with the Rajasthan. Recruitment of Dependants of Govt. Servants Dying While in Service Rules, 1975.2. The Petitioner had passed Secondary Examination in 1974 and B. Com. in 1978, as would appear from the certificate Ex. 1 and the mark-sheet Ex. 2. Petitioner's father late Raj Mukund Sharma was a Government servant in as mush as be was holding the post of Lecturer-in the Government Ayurved College, Jaipur on March 12, 1962. Father of the petitioner died due to brain-tumor on March 27, 1971. At the time of death of Bal Mukund Sharma the petitioner was too young and he did not know about the rights available to the family of the deceased Government servant under the Raj. Recruitment of Dependents of Government Servants Dying While in Service Rules, 1975 (f...
Special Judge Dacoity Affected Area Vs. State of Rajasthan
Court: Rajasthan
Decided on: Dec-06-1989
Reported in: 1989WLN(UC)336
V.S. Dave, J.1. This reference has been made by learned Special Judge Dacoity Affected Area, Karauli vide his order of reference, dated 20-6-1988 where in he has framed the following question for answer:'Whether the Magistrates having jurisdiction over the dacoity affected areas are competent to perform functions in relation to scheduled offences, prior to the stage of trial before the Special Judge, Dacoity Affected Areas'?2. Almost connected with the aforesaid question the point also emerge in Man Singh v. State, S.B Cr. Misc Petition No. 369/88, Heera Lal v. Johari and Ors. SB. Cr. Misc. Petition No. 178/89 and Hari Ram v. State SB. Cr. Misc. Petition No. 2859/88. These cases therefore, have also been heard along with this reference though they will be disposed of by separate orders purely based on the result of this reference.3. Before appreciating the point referred to it will be essential to give the back-ground in which this question has arisen. On a written report from one Mano...
Neeraj Raj Garg Vs. State of Rajasthan and anr.
Court: Rajasthan
Decided on: Dec-06-1989
Reported in: 1989(2)WLN262
V.S. Dave, J.1. This petition has been preferred under Section 482 Cr. PC for quashing the order, dated 8-3-1989 of the learned Judicial Magistrate, Ramganjmandi where by he rejected the application filed by accused-petitioner under Sections 177 and 181(4) Cr. PC. The petitioner has also made a prayer for quasning the order, dated 2212-1988 where in the learned Judicial Magistrate has taken cognizance for offence under Section 409 IPC and summoned the accused-petitioner through bailable warrant in the amount of Rs. 2000/-.2. Briefly stating the facts of the case are that non petitioner No. 2 Mangalam Cement Limited, Modak District Kota which has its registered office in Kota, filed a complaint in the court of Judicial Magistrate, Ramganjmandi District Kota wherein it was alleged that the complainant is producing the cement and is selling the same through various outlets and one of its dump in Ghaziabad. They appointed the accused-petitioner Neeraj Raj Garg on 1-5-1987 as their handling...
Ramdhan Nath Vs. Mst. Geeta Bai
Court: Rajasthan
Decided on: Dec-06-1989
Reported in: 1989(2)WLN243
V.S. Dave, J.1. This miscellaneous petition under Section 482, Cr.PC is directed against the order of Munsif and Judicial Magistrate, Sawai Madhopur dated 23rd July, 1987 where by he issued warrants for recovery of maintenance amount under Section 125(3), Cr.PC.2. Brief facts, giving rise to this petition are that the petitioner and non-petitioner are husband and wife but living separately. The non-petitioner, Mst Geeta Bai, had filed a petition under Section 125, Cr.PC claiming maintenance against her husband, the petitioner, vide an application dated 25th August, 1982. This application was filed before the Chief Judicial Magistrate, Sawai Madhopur who accepted the same on 8th December, 1983 and granted maintenance with effect from the date of application i.e. 25th August, 1982 at rate of Rs 100/- p.m. The non-petitioner applied for recovery of maintenance granted vide order dated 8th December, 1983 on 31st August, 1984 but this application was dismissed in default on 10th June, 1986....
Jagdish and ors. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Dec-06-1989
Reported in: 1989(2)WLN583
V.S. Dave, J.1. This is an appeal against the judgment of Sessions Judge Jhalawar, dated January 15,1982 convicting the accused-appellants as under:Jagdish Under Section 326, IPC 3 years' R.I. and a fine of Rs. 600/-. in default thereof 9 months' R.I. Under Section 323, IPC 1 month's S. I. and a fine of Rs. 100/- in default thereof 10 days' S I. Under Section 323/34, IPC 15 days' S.I. and a fine of Rs. 50/- in default thereof 5 days' S. I.Prahlad Under Section 325, IPC 2 years' RI. and a fine of Rs. 500/- in default there of 6 month's R.I. Under Section 323, IPC 1 month's S.I. and a fine of Rs. 100/- in default thereof 10 day's S.I. Under Section 323/34, IPC 15 day's S.I. and a fine of Rs. 50/- in default thereof 5 day's S.I.2. Brief facts giving rise to this case are that a report Ex. P 1 was lodged by one Mansingh son of Balvant Singh at Police Station, Jhalawar at 11.45 a.m wherein it was mentioned by him that today morning at about 11.00 a.m. he protested to Bheru as his cattle ha...
Narendra Kumar Vs. Rajasthan High Court and ors.
Court: Rajasthan
Decided on: Dec-05-1989
Reported in: AIR1991Raj33; 1990(1)WLN397
M.B. Sharma, J.1. In the present writ petition a question of far-reaching importance is involved as to whether in view of Section 47 of the Rajasthan High Court Ordinance, 1949 (for short 'the Ordinance') all the proceedings in this Court including the judgments, orders and decrees should only be written in Hindi Devnagari Script, which has been declared as Official Language of the Court?2. Section 47 of the Ordinance reads as under:'47. Language of the Court -- All proceedings in the High Court shall be in Hindi written in Devnagari Script which will be the language of the Court. Provided that where a Judge hearing a case is not familiar with Hindi the proceedings may be conducted by him in English.' Section 46 of the Ordinance vests power in the High Court to make the Rules consistently with the laws for the time being in force to regulate the sittings of the court, and in exercise of the aforesaid powers and the powers conferred under Article 225 of the Constitution of India and all...
Jagdish Behari Goswami Vs. State of Rajasthan and anr.
Court: Rajasthan
Decided on: Dec-05-1989
Reported in: 1990(1)WLN173
N.C. Sharma J.1. This is a writ petition by Jagdish Behari Goswami Under Article 226 of the Constitution of India for quashing an order of the Commissioner, Devastan Department, Udaipur dated March 15, 1988 (Annexure/13), where by the petitioner was relieved from the Devasthan Department, Udaipur and directed to join his posting in the Court of Munsif-cum Judicial Magistrate, Kama in pursuance of the order of the District Judge, Bharatpur dated February 27, 1989.2. Facts leading to the filing of this writ petition are that during the period from July 9, 1973 to August 15, 1973, there was a strike of the staff serving in subordinate Courts., Keeping in view the strike of the subordinate staff, the State Government bad issued an order dated July 7, 1973 regarding appointment of Lower Divisional. Clerks to meet with the situation created by the strike. In the back-ground of such a situation, the petitioner was appointed in 1973 as LDC in the pay scale of 110-230 by the District Judge, Bha...
Rafiq Mohammed Vs. Divisional Mechnical Engineer, Rsrtc
Court: Rajasthan
Decided on: Dec-05-1989
Reported in: 1990(1)WLN249
Jasraj Chopra, J.1. By this writ petition, the petitioner has challenged the legality of the Award dated 13-9-1989 of the Judge, Labour Court, Jodhpur where by it has been held that the order dated 20-1-1986 of the removal of service passed by the Divisional Mechanical Engineer, Rajasthan State Road Transport Corporation, Jodhpur is valid.2. The facts of this writ petition briefly stated are: that on 19-12-1984, the petitioner was driving Bus No. 257 on Jodhpur to Balotra route. It was a non-stop bus. On checking at Balotra, it was found that it was earning 61 passengers from whom fair was recovered but no tickets were issued to them. The petitioner, who was the driver of the Bus was in possession of the way-bill, which was totally blank. On checking, tickets were issued to all the 61 passengers. A checking memo was also prepared, which was signed by the conductor of the Bus Shri Jaswantsingh and the petitioner who was the driver of the Bus. Thereafter, enquiry was conducted and the pe...
Sujia and ors. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Dec-05-1989
Reported in: 1989WLN(UC)476
V.S. Dave, J.1. This is an appeal against the judgment of Sessions Judge, Jaipur District, Jaipur, dated July 27, 1981 convicting and sentencing the accused-appellants as under:Sujia, Mangla, Kana S/o Under Sections 307/149 3 year's R.I.Bhoma & Kana S/o Chanda IPC. Under Section 147, IPC 6 month's R.IGopal Under Section 307, IPC 3 year's R.I Under Section 147, IPC 6 month's R.IBoth the sentences were ordered to run concurrently with no sentence of fine.2. Brief facts giving rise to this appeal are that on March 28, 1979 at 5.00 p.m. a report was lodged at police station, Bagru by one Hanuman Prasad Yadav (PW 8) wherein it was alleged by him that his sister Harphool is living at Nari Ka Bas, police station, Bagru About 2-3 days before lodging the report his sister bad some altercation with Sujia Jat, Kana and Mangla Ram regarding cutting of the grass. On 28-3-1979 a Panchayat was arranged for compromise where Sujiaram, Manglaram Gopal, Kana etc were also called This Panchayat was he...
Bhawani Singh Vs. State of Rajasthan and anr.
Court: Rajasthan
Decided on: Dec-05-1989
Reported in: 1989(2)WLN315
M.B. Sharma, J.1. This is an application for cancellation of bait under Section 439(2) Cr. PC, which was granted by the learned Sessions Judge under his order dated August 3, 1988 in a case under sec 304B, IPC allegedly a case of dowry death It is contended by the learned Counsel for the petitioner that in such of cases of dowry deaths during the investigation of the case it will not be prudent even for this Court to grant anticipatory bail and the learned Sessions Judge should not have granted anticipatory bail to the accused-petitioner in this case. Learned Counsel for the petitioner in support of his contention has cited a case of Samunder Singh v. State of Rajasthan and Ors. : (1986)ILLJ290SC . It cannot be known from the aforesaid order of the Supreme Court as to what were the facts of that case. The Supreme Court has no doubt said in the aforesaid case of Samunder Singh (supra) that the wide spread belief that dowry deaths are even now treated with some causalness at all levels s...
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