Rajasthan Court July 1989 Judgments
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Shiv Ram Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jul-19-1989
Reported in: 1989WLN(UC)133
I.S. Israni, J.1. This bail application has been filed under Section 439, Cr.P.C. in which the petitioner is charged to have committed offence under Sections 376 & 376(b), IPC.2. A report was lodged on 23-11-1988 by a citizen of Bangladesh in District Dholpur stating there in that in the camp where Bangladeshi women are lodged, certain police persons posted at the camp, are committing rape on various women. Thereupon, an enquiry was held by SP Dholpur and case was registered. In the statements recorded under Sections 161 and 164 Cr.P.C. some of the ladies have stated that they were subjected to rape and the petitioner used to supply them to other persons.3. The contention of Shri Jagdeep Dhankar, learned Counsel for the petitioner is that he is in custody since 23-11-1988 and trial will take long time to complete. It is also pointed out that since the name of petitioner was not mentioned in FIR, it was necessary that test identification parade should have been held. This how ever, has ...
Barkat Ali Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jul-19-1989
Reported in: 1989WLN(UC)427
M.B. Sharma, J.1. The accused petitioner as per the letter cum petition which has been treated as writ petition, was convicted Under Section 302 IPC on 16th October, 1982, and was sentenced to imprisonment for life An appeal was filed by him and that too was dismissed by the High Court, Jodhpur. and petitioner is presently undergoing sentence in Central Jail Jaipur, The Special Leave Petition is said to be pending before the Supreme Court. The petitioner seeks release on parole for a period of 60 days to enable him to repair his Kachha House which was said to have been damaged by rain during last year.2. The contention of the learned Counsel is that the petitioner is entitled to be released on parole on humanitarian ground to enable him to repair His house. It appears from the writ petition that the petitioner has been released on emergency parole on as many as three occasions during the year 1983 and 1988. According to the petitioner his conduct during the period to which he was relea...
Kusum Lata Vs. Commissioner of Income-tax and ors.
Court: Rajasthan
Decided on: Jul-18-1989
Reported in: [1989]180ITR365(Raj)
M.B. Sharma, J. 1. The petitioner, Smt. Kusum Lata Singhal, carries on a business under the name and style of M/s. Lata and Company and is the authorised stockist of Baba brand tobacco manufactured by Dharampal Premchand Ltd., New Delhi. The petitioner is the wife of Shri R. K. Singhal who owns a house No. E-117, Shastry Nagar, Jaipur, and the petitioner lives with her husband. Shri R. K. Singhal, husband of the petitioner, is a partner in Lata Sales Centre and he is said to be a sub-dealer of Lata and Company. A search under Section 132 of the Income-tax Act, 1961 (for short, 'the Income-tax Act'), was conducted at house No. E-117, Shastri Nagar, Jaipur, on November 25, 1987, and was concluded on November 26, 1987. During the search, valuables and books of account of the petitioner were seized on November 26, 1987, and the notice under Rule 112A of the Income-tax Rules, 1962 (for short, 'the Rules'), read with Sub-section (5) of Section 132 of the Income-tax Act, was issued to the pet...
Mohammed Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jul-17-1989
Reported in: 1989(2)WLN588
N.C. Kochar, J.1. Appellant Mohammed was tried in case FIR No. 15 dated 4-3-1988 of Police Station, Chauhtan district Banner by Shri Brij Lal, Additional Sessions Judge, Barmer, under Section 21 of the Narcotics Drugs and Psychotropic Substances Act, 1985 and was sentenced to undergo rigorous imprisonment for period of 15 years and to pay fine of Rs. 1,00,000/- and in default of payment of fine to undergo rigorous imprisonment for a further period of one year, vide judgment and order dated 18-8-1988.2. The prosecution story was as under. On 4-3-88, at about 7.30 p m. PW 8 A S I. Shiv Chand received a secret information in Police Station, Chauhtan that the appellant was dealing in drugs and on that date he has agreed to sell one kg of Heroine and would come to Chauhtan via Paradia with that quantity of Heroine. He recorded this information in the daily diary and brought this to the notice of PW 7 Ramsingh, who was then posted as the S.H.O. of that Police Station. The S.H.O. informed PW ...
Ramesh Chandra and ors. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jul-13-1989
Reported in: 1989WLN(UC)44
G.K. Sharma, J.1. This petition is directed under Section 482, Cr.P.C. against the order dated 28-4-1988 by which, the Chief Judicial Magistrate took cognizance against the petitioners under Section 3/7 Essential Commodities Act, 1955 (here in after to be referred) as the 'Act'.2. This is a peculiar case which shows that to what extent Government Department can harass the public. In the year 1977, the enforcement personnel of the State seized certain goods from the Firm of the petitioners. Proceedings were initiated under Section 6A of the Act before the Addl. Collector, Alwar. On 31-12 1977, the Additional Collector ordered confiscation of the material. The Firm preferred an appeal before the District and Sessions Judge, Alwar who was authorised to hear such appeals under Section 6(c) of the Act. The learned Sessions Judge accepted the appeal vide Order dated 16-1-1978. The State aggrieved by the order of the learned Sessions Judge preferred a criminal Revision Petition No. 80/78 in t...
Shiv Dayal Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jul-13-1989
Reported in: 1989WLN(UC)45
I.S. Israni, J.1.Heard, both the parties. This application is under Section 438 Cr.P.C. and the petitioner is alleged to have committed offence under Section 467, 468 and 471, IPC.2. It is pointed out by learned Counsel for the petitioner that the petitioner is a Government Servant and is working as Amin in Settlement Department. It is alleged that he stole stamp paper which was purchased by Mst. Gendi Devi for writing a Will and forged Will was written in name of B.L. Rathore. Thereafter. Mst. Gendi Devi executed another agreement for sale of the same land on 15-8-88 and again sold the same land by registered sale-deed to one Mohan Singh Bhanwar Singh Rathore has also filed another FIR No, 156 of 1989, dated 2-5-1989, at Police Station Bani Park, Jaipur, against Mst. Gendi Devi and her daughter Kamla and the complaint regarding the same land. It is contended by Shri Sharma, learned Public Prosecutor that the investigation is still in progress and the petitioner does not deserve to be ...
Narendra Singh Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jul-13-1989
Reported in: 1989WLN(UC)151
N.C. Kochhar, J.1. This order will/also dispose of S.B. Criminal Misc. Bail Application No. 1071/89 moved by Kachuwa S/o Devaji and Satiya S/o Okaji under Section 439, Cr.P.C. The case against the applicants of this application, as well as of the application No. 1071/89, has been registered at Police Station, Barloot (district Sirohi) under Sections 302, 307, 325, 324, 380, 435, 436 147, 148 and 149, IPC. In that case, there are 24 accused including the seven applicants of this application and two applicants of application No. 1071/89. This case arises out of FIR No. 31 of 1989. According to this case, the applicants and their co-accused formed an unlawful assembly and they all went to village Jawal and caused injuries on the persons belonging to the other community, burnt the house of one Chunni Lal and also burnt the hut at burial ground of the minority community. In this incident, injuries were caused on some persons and gun of one person was looted. The case registered on the state...
Ganga Ram Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jul-13-1989
Reported in: 1989WLN(UC)490
I.S. Israni, J.1. Heard both the parties The petitioner is alleged to have committed offence under Section 147, 452 and 323 IPC. This application is under Section 438 Cr.P.C. It is given out by Shri Balwada, learned Counsel for the petitioner that the incident has been wrongly given out in the first information report and infact Mst. Tulsi fell-down on the stones and bad some simple injuries. It is also given out that both the parties are close-relatives but several revenue suits are pending between them.2. Shri Srimal learned Addl. Government Advocate, opposes the bail application.3. In the facts and circumstances of the case, I consider it just and proper to grant anticipatory bail to the petitioners.4. The S.H.O./A.O./I.O., P.S. Raghunathgarh, district Sikar, is directed that in the even of the arrest of the petitioners Ganga Ram, Debu, Karna, Govinda. Dhanna, in FIR No. 92/89 they be released. on hail, provided each of them furnishes a personal bond in the sum of Rs. 5,000/- with o...
Gokul Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jul-13-1989
Reported in: 1989(2)WLN212
S.S. Byas, J.1. By his judgment dated May 11, 1987, learned Additional Sessions Judge, Kishangarh-Bas (District Alwar) convicted the accused Gokul under Sections 302, 323 & 454, IPC and sentenced to him to various terms of imprisonment including that of imprisonment for life.2. The prosecution case is short and simple and may briefly be stated. PW 1 Smt. Mangej is the widow and PW 8 Singha Ram is son of the deceased victim Chiranjilal. They all resided in village Tattarpur, P.S. Kherthal, District Alwar. Acccused Gokul is also a resident of the same village At about 1.00 p.m. on 9-3 1986. PW 8 Singha Ram and his mother PW 1 Mst. Mangej washing their clothes at the public well of the village. PW 8 Singha Ram was applying soap to the clothes. Accused Gokul came there and asked Singha Ram not to wash the clothes there. Singha Ram replied that he (accused) had also washed the clothes and that he was only applying soap to the clothes. This liked asked the accused & he threw away the clothes...
Gulab NaraIn Vs. Smt. Banshi Devi and anr.
Court: Rajasthan
Decided on: Jul-13-1989
Reported in: 1989(2)WLN285
N.C. Sharma, J.1. Heard, Shri O.P. Garg, learned Counsel for the appellant.2. Plaintiff-appellant Gulab Narain instituted Civil Suit No. 45/1982, against Smt Bhonri, Gopal Soni and Smt. Banshi for partition, which has been partly decreed by the Additional District Judge No. 5, Jaipur City by his judgment and decree dated December 22, 1988, declaring that the plaintiff-appellant is entitled to get the suit property partitioned in which be is one of the co-sharers. Against this preliminary decree, the plaintiff has filed this first appeal.3. The dispute relates to a house property bearing Municipal No. 1051 (situated in Chokari Top Khana Desh, Baba Harish Chandra Marg, Jaipur. One of the co-sharers in this property named Sita Ram had mortgaged some portion in this property in favour of Gopal Soni. On the basis of the mortgage, Gopal Soni obtained a decree for sale of the mortgaged property and in execution thereof got one-third undivided share in the above-mentioned property auctioned th...
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