Rajasthan Court December 1989 Judgments
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Ganpat Ram Vs. State of Rajasthan
Court: Rajasthan
Decided on: Dec-04-1989
Reported in: 1990WLN(UC)71
M.B. Sharma J.1. The petitioner who was a complainant and had filed complainant against the accused non-petitioner Under Section 500 read with 107 IPC in the court of Magistrate has filed the present revision petition against the order dated 9-8-1986 of the learned Sessions Judge, Alwar. Under the aforesaid order the learned Sessions Judge, Alwar on the basis of some recommendations of the Lok Adalat has extended the benefit of Section 4 of the Probation of Offenders Act, 1958 (for short the Act) to the accused petitioner.2. The main ground for challenging the aforesaid judgment of the learned Sessions Judge is that the same was made without compromise having been arrived at in between the petitioner and accused non-petitioner. In a case where a complaint has been filed and conviction is recorded, more so when even an appeal against conviction has been filed, the matter could not be placed before the Lok Adalat and even if it is placed, only on the recommen-dations of the Lok dalat the...
Smt. Padma Choudhary Vs. State of Rajasthan
Court: Rajasthan
Decided on: Dec-04-1989
Reported in: 1989(1)WLN110
J. R. Chopra, J.1. Heard learned Counsel appearing for the parties.2. The case of the petitioner is that she was serving as a Teacher in the Primary School, Bighha, which is under the control of Zila Parishad, Churu. She was a second grade teacher working as Head Mistress. The respondent No. 4 Smt. Jeewen Lala is also a second grade teacher and was working as Head Mistress in Govt. Upper Primary School, Salasar. An order came to be issued by the Chief Executive Officer and Secretary, Zila Parishad, Churu on 11-9-1989 transferring the petitioner from Bighba to Salasar and respondent No. 4 has been transferred from Salasar to Sandwan vide order Annexure-1. It is alleged that Salasar School was upgraded as a Secondary School vide Order Annexure-5 dated 7-9-1989, and certains condition were placed in that order which are actually the repetition of the conditions laid down in the Order of the Govt. dated 7-9-1989. The conditions laid down by the Government are as follows:(i) That in Class I...
Rameshwer Prasad Dixit and anr. Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Dec-04-1989
Reported in: 1990(1)WLN380
N.C. Sharma, J.1. This is a writ petition by Rameshwar Prasad Dixit and Madho Lal Jat, who are Gram Sewaks and ex-officio Secretaries of the Gram Panchayat challenging their transfer from Panchayat Samiti, Niwai to Panchayat Samiti, Deoli by order dated August 30, 1989 (Ex. 4) issued by the Secretary, District Establishment Committee, Zila Parishad, Tonk.2. Both the petitioners were Gram Sevak and ex-officio Secretary of the Gram Panchayat in substantive capacity. It is alleged that District Establishment Committee by its order dated April 22, 1989 (Ex 1) ordered the transfer of the petitioners from Panchayat Samiti, Niwai to Panchayat Samiti, Tonk. The petitioners made by approach to the Government and after considering their matter, the Government of Rajasthan in Rural Development and Panchayati Raj Department by order dated July 1, 1989 (Ex 2) cancelled their transfers. How ever on August 30, 1989, the District Establishment Committee, Tonk by order Ex. 4 transferred the petitioners...
Kohar Singh and ors. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Dec-04-1989
Reported in: 1989WLN(UC)358
A.K. Mathur, J.1.This appeal is directed against the judgment of the learned additional Sessions Judge, Raisinghnagar dated 28th November, 1987 where by the learned Judge has convicted the accused appellants Keharsingh and Darshan Singh under Section 394, IPC and sentenced them to 3 years' rigorous imprisonment each, under Section 397 IPC 7 years' rigorous imprisonment each and under Sections 458 & 459, IPC 7 years' rigorous imprisonment on each count. He has convicted the accused Hardamsingh and Bholasingh under Section 411, IPC and sentenced them to 2 years' rigorous imprisonment each. He has also imposed a fine of Rs. 200/- each and in default of payment of fine to further undergo 2 months' rigorous imprisonment each. All the sentences were directed to run concurrently.2. Brief facts giving rise to this appeal are that on the night intervening 4th and 5th May 1985 at 2.00 A.M., a First Information Report was filed by one Maluk Khan stating therein that he is a resident of 10, MLD Gh...
Fakir Mohammad Vs. State of Rajasthan
Court: Rajasthan
Decided on: Dec-04-1989
Reported in: 1(1992)ACC119
M.B. Sharma, J.1. The accused petitioner was convicted by the learned Judicial Magistrate No. 1, Jaipur District, Jaipur, under his judgment dated 22nd May, 1986 under Section 304A I.P.C. and was sentenced to undergo one year's rigorous imprisonment. The accused-petitioner preferred an appeal before the learned Sessions Judge and the learned Sessions Judge under his judgment dated 9th May, 1988 partly allowed the appeal and while maintaining the conviction of the accused petitioner for the aforesaid offence, reduced the sentence of the accused-petitioner and the accused-petitioner was sentenced to undergo three months' simple imprisonment.2. Bhagwn Shay PW 11 along with deceased, Sushila sister-in-law and other on 8th August 1978 were going to Ramgarh for a picnic. While deceased persons Ram Babu and Vishnu were going on scooter No. RRG 4409 others including Bhagwan Sahai PW 11 were going in a bus No. RSM 4130 from Jaipur to Jamua Ramgarh. The accused- petitioner was the driver of the ...
Ganesh Chandra Saini Vs. State of Rajasthan
Court: Rajasthan
Decided on: Dec-03-1989
Reported in: 1987(1)WLN1
Mahendra Bhushan Sharma, J.1. Though a copy of the learned Sessions Judge, Jaipur dismissing the application under Section 438, Cr. PC moved by the Accused-petitioner has not been furnished, because the same could not be available as a result of the strike of the employees it is contended by the learned Counsel for the petitioner that the learned Sessions Judge has dismissed the application on the ground that the offence under Section 3 of the Railway Property (Unlawful Possession) Act, 1966 (for short, the Act) is a bailable offence, and to such offence provisions of Section 438, Cr. PC are not applicable.2. In my opinion, if that view has been taken by the learned Sessions Judge, as stated by the learned Counsel for the petitioner at bar, it does not appear to be in accordance with law. Offence under Section 3 of the Act in case of the first offence is punishable with imprisonment for a term which may extend to 5 years or with fine or with both, and in the absence of special and adeq...
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