Rajasthan Court August 1989 Judgments
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Har Nath and anr. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Aug-14-1989
Reported in: 1989(2)WLN425
Inder Sen Israni, J.1. This Criminal appeal Under Section 374 Cr. PC has been filed against the conviction and sentence passed by the learned Sessions Judge, Bundi, on 20th October, 1981 In Sessions Case No. 34/1981, by which he convicted the accused appellants under Sections 342, 343 & 366 IPC and sentenced each of them to suffer rigorous imprisonment for one and half year and a fine of Rs 500/-. In default of payment of fine to further undergo three month's rigorous imprisonment.2. Briefly stated the facts of the case are that a report was lodged against the accused and one Panchu at Police Station Hindoli, district Bundi, on 29th November, 1980, by one Chotu that his daughter Mst. Rami was abducted and kept in wrongful confinement by the accused appellants. FIR No. 129/80 was registered and investigation commenced. During the course of investigation, the clothes of prosecutrix and she her-self was recovered. The prosecutrix was medically examined. The police recorded her statement u...
Krishan Lal Vs. State of Rajasthan
Court: Rajasthan
Decided on: Aug-09-1989
Reported in: 1989WLN(UC)135
G.K. Sharma, J.1. Bhagwanram lodged a report at P.S. Pillai Banga, against & persons and a case was registered under Section 302/120B, IPC. After completing investigation, the Police submitted a challan against petitioner Kishan Lal, as against Shivraj, Hetram and Lal, the Police submitted final report, and Vishnu, Prithvi, Gopiram and Banwari were not challaned. The challan proceeded against Kishanlal, who was arrested on 9th July, 1987 The prosecution examined 4 witnesses upto 16th Dec. 1988. Thereafter on 5th April, 1989, the Police submitted a challan against Vishnu, Prithvi, Gopiram & Banwari. These persons were brought to the court and their challan was linked with the file of Kishanlal. The 4 witnesses who were examined prior to filing of the second challan are required to be resummoned, because the trial of the second case was consolidated with the first one; and both the cases are to be disposed of together. It means that re examination of the four witnesses would take some mo...
Commercial Taxes Officer Vs. Nalwaya Minerals and Motor Parts
Court: Rajasthan
Decided on: Aug-08-1989
Reported in: [1990]79STC113(Raj)
Milap Chandra, J.1. These revision petitions have been filed under Section 15 of the Rajasthan Sales Tax Act, 1954 (hereinafter referred to as 'the Rajasthan Act'), against the common order of the Rajasthan Sales Tax Tribunal, Ajmer, dated September 10, 1988, by which it has held that interest could not be charged under Section 11-B on the amount of tax levied on assessment under Section 12 of the Rajasthan Act. The facts of the cases giving rise to these revision petitions may be summarised thus.2. The original assessments for the assessment years 1968-69 and 1969-70 were made on January 27, 1973, under the Central Sales Tax Act (hereinafter to be called 'the Central Act'). In these proceedings, deductions of the amounts of sales to the extent of Rs. 64,674.85 and Rs. 83,959.85 were allowed on the ground that these sales were in the course of export. The cases were reopened under Section 12 of the Rajasthan Act read with Section 9 of the Central Act. In the reassessment proceedings, t...
Jagdish Prasad Vs. State of Rajasthan
Court: Rajasthan
Decided on: Aug-07-1989
Reported in: 1989WLN(UC)156
G.K. Sharma, J.1. With the consent of both the learned Counsel the revision petition is disposed of today.2. The petitioner was challaned Under Section 304A and 279 IPC and the learned Magistrate after concluding trial found him guilty and sentenced him to 9 months rigorous imprisonment for the offence Under Section 304A, IPC and 3 months' R.I. for the offence Under Section 279 IPC. Apart from this sentence be has also imposed a fine of Rs. 50/- and in default of payment of fine, to further undergo 7 day's S.I. An appeal was filed which was dismissed by the learned Sessions Judge, Merta vide order dt. 19-7-89.3. The learned Counsel for the petitioner argued that the provisions of Section 360 Cr.P.C. are mandatory provisions and the learned lower Courts have not considered this provision. According to Section 361 Cr.P.C. of the trial Court or the appellate Court find that it is not a case where probation is to be granted then the Court should have recorded its reasons for not granting h...
Charan Singh and anr. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Aug-07-1989
Reported in: 1989(2)WLN91
Gopal Krishna Sharma, J.1. This appeal is directed against the judgment dated 15-10-1987 by which, the Additional Sessions Judge, No. 2, Bharatpur, convicted the appellant as under : Charan Singh : under Section 302, IPC and Bachchu Singh under Section, 302/34, IPC. Both the appellants have been sentenced to life imprisonment and a fine of Rs. 200/- in default of payment of fine, to undergo two months' rigorous imprisonment.2. Ram Charan on 15-6-1986 at 2 p.m. lodged Station Roop was alleging that on the same day in village Nagla Khan in the P morning while taking bath in the village pond some Nagla Khan in the between Han Singh s/o Mangi Ram and Durga Singh s/o Patriva. He developed reported the matter to his mother Mst. Harpyari and his brother Hari Singhh Singh. Charan Singh and Harpyari went to Mst. Rama his brother Charan Singh and wife of Patriya (deceased). The two ladies while discussing up quarrel and on intervening by others the situation Charan Singh called his younger broth...
Karam Singh and Sawai Singh Vs. State of Rajasthan
Court: Rajasthan
Decided on: Aug-07-1989
Reported in: 1989(2)WLN668
Farooq Hasan, J.1. Appellants Karam Singh & Sawai Singh, were convicted under Section 302, IPC, and sentenced to imprisonment for life and a fine of Rs 500/-, in default of payment of fine, to further undergo three months R.I. by the learned Additional Sessions Judge, Beawar by his judgment dated March 8, 1983. They have come up in appeal and challenge their conviction.2. Briefly stated the prosecution case is that on a report lodged by Kishao Singh PW 2 at police station Sadar Beawar on 17 8-1987 for an incident of the very day, a case was registered for an offence under Section 307, IPC, against the accused persons including the appellants. It was alleged in that report, that at 9.30 pm on 17 8-1987, informant-Kishan's went to the house of his uncle, Jetha Singh, on hearing hue and cry, and there, found that Jetha Singh, and his son, Shrawan Singh were being belaboured by the appellants. Amar Singh, Pukhraj and Mahendra Singh were named as eye witnesses of the incident. After the dea...
Anil Kumar Mehra Vs. State of Rajasthan
Court: Rajasthan
Decided on: Aug-04-1989
Reported in: 1989WLN(UC)122
I.S. Israni, J.1. Heard both the parties.2. This is application under Section 439 Cr.P.C. in which the petitioner is alleged to have committed offence under Section 20 of the NDPS Act.3. It is pointed out by Shri Kasliwal learned Counsel for the petitioner that the incident took place on 31-1-1989 when it is alleged that the petitioner was found to be in possession of 15 grams Smack and was arrested. It is contended that the first bail application of the petitioner was rejected on 25-5-1989. It is submitted by the learned Counsel that the quantity of smack is only 15 grams and the report of the Chemical Examiner has not yet come even though more than six months have passed away. The learned Counsel has given his own version of the incident.4. It is pointed out by Shri Sharma, learned Public Prosecutor that the material has been sent for chemical examination to Laboratory at Calcutta. and the report has not yet been received even though time was granted from this Court for this purpose....
Municipal Board, Begun and ors. Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Aug-03-1989
Reported in: AIR1991Raj14; 1990(1)WLN64
ORDER1. By this writ petition the petitioner seeks to quash the notification dated 1-5-87 Anx. 3 whereby the State Government appointed administrator in exercise of the power conferred under Section293-A of the Rajasthan Municipalities Act, 1959.2. The ground of challenge inter alia, is that the impugned notification does not specify the period in the notification during which the appointment of the administrator shall continue. According to the petitioners the provision contained in Section 293-a is a mandatory provision. On the existence of the situations envisaged in Clauses (a) to (e) of Section 293-A, the State Government is empowered to appoint an administrator by notification in the official gazette for such period as may be specified in the notification and it may also, by like notification, curtail or extend the period of such appointment.3. The petitioner has also sought a declaration that amendments made in Section 4(8)(b) and Section 11 of the Act by the Rajasthan Municipal...
Ashu Vs. State of Rajasthan
Court: Rajasthan
Decided on: Aug-03-1989
Reported in: 1990(2)WLN186
A.K. Mathur, J.1. This is a revision petition filed against the order pasted by the Munsif and Judicial Magistrate, Sanchore dated 24-1-1987, whereby the learned Magistrate has accepted the final report submitted by the Police in FIR No. 3/86 Under Sections 326, 342 and 307, IPC.2. Brief facts giving rise to this revision petition are that a First Information report was filed on 6th January, 1986 at police station Cheetalwana by Ashu that his daughter Nenu was married to the non-petitioner Khetaram four years ago and thereafter she remained at her father in law's house. On 16th August, 1985, non-petitioner Nos. 2 to 6 conspired and set her on fire after throwing kerosene on her. Thereafter, she was taken to Dhanera Hospital (Gujarat) by her husband's elder brother for treatment. When Ashu father of Mst. Nenu came to know about the whole incident, be immediately rushed to the hospital and found that Mst. Nenu bad a number of burn injuries on her body, at that time she refrained from tel...
Vimal Kumar Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Aug-03-1989
Reported in: 1990WLN(UC)434
A.K. Mathur, J.1. Petitioner by this writ petition has prayed that the order passed by the non-petitioner No. 3 Ex. 6 may be quashed and he has further prayed that clause 23 (ka) of the licence Ex. 3 may be quashed.2. Brief facts giving rise to this writ petition are that the petitioner is a liquor contractor and he was granted liquor contract for country made liquor as well as for Indian made foreign liquor for Suratgarh and Raisinghnagar for the year 1987-88 and thereafter it was renewed for 1988-89. It is alleged that there was short fall in July 1988 for which certain actions initiated. As a result of that action it initiated a spate of litigation before the Civil Court, before the High Court as well as before the Supreme Court. It is not necessary to dilate on the chequered history of that litigation. But so far as the present case is concerned, petitioner is aggrieved by the order passed by the District Excise Officer, Ganganagar Ex. 6 by which a sum of Rs. 16,10,400/- is sought ...