Rajasthan Court January 1990 Judgments
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Narpat Singh Rajpurohit Vs. the State of Rajasthan and ors.
Court: Rajasthan
Decided on: Jan-18-1990
Reported in: 1990(2)WLN278
J.R. Chopra, J.1. Hearrd learned Counsel for the parties. The case of the petitioner is that he is Ranger Gr. I, which is a Gazetted post. He was earlier working at Phalodi. However, on account of his faily circumstances, he made request that he be transferred some where at Bikaner and there for, vide order Ex. 1. dated 13.9.1989, he was transferred to Bajju in District Bikaner. It is alleged that in Pursuance of order Ex. I, the petitioner joined his duties at Bajju on 26.9.1989 and he is still working there. However an order Ex. 4 dated 29.9.1989 came to be passed by the principal Chief Conservator of Ferest, Jaipur there by the order Ex. 1 dated 13.9.1989 was cancelled. Actually, vide Order Ex. I, dated 13.9.1989 Shri Narpat singh Rajpurohit, the petitioner in this case, was posted as Forest Ranger at Bajju and Shri Mahaveer Prasad Bhati, who was working on that post was put under a waiting orders.2. The contention of the petitioner is that now he has joined as Forest Rangerr at Baj...
Jethi Devi Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Jan-18-1990
Reported in: 1990WLN(UC)9
G.K. Sharma, J.1. This is a petition Under Section 482 Cr. PC against the order of the trial court, dated 9th Aug. 1989, by which the application of the petitioner for exempting her personal attendance in the court, was dismissed.2. Mr. Chaudhary agreed that a case Under Section 323, 147 & 451 IPC is pending against the petitioner, who is duly represented by her counsel, she is a lady of about 55-60 years of age; and the trial court has wrongly rejected her application for exemption of the personal attendance.3. The counsel for non-petitioner No. 2 objected to giant of this petition. He urged that this court should not interfere in much matters Under Section 482 Cr. PC. According to him, the case is pending there for the service on the accused persons; two years have passed; but, not for a single day, the petitioner has attended the court; and one of the accused is still to be seryed. His argument was that it is discretion of the trial court whether or not to grant exemption of persona...
Rawaji and ors. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jan-18-1990
Reported in: 1990WLN(UC)7
A.K. Matuhur, J.This appeal is directed against the judgment of the learned Sessions Judge, Doongarpur dated 28th April, 1979 by which accused Champa was convicted Under Section 323, IPC and sentenced to six months rigorous imprisonment, Under Section 366 IPC sentenced to two years' rigorous imprisonment and a fine of Rs. 500/- in default of payment of fine to undergo one month's further rogorous imprisonment, Under Section 342 IPC sentenced to six months' rigorous imprisonment and Under Section 379 IPC to undergo one year's rigorous imprisonment; the accused Rawaji was convicted Under Section 366 IPC and sentenced to two years' rigorous imprisonment and a fine of Rs. 100/- in default to further undergo one month's rigorous imprisonment Under Section 342 IPC six month's rigorous imprisonment and Under Section 411 IPC one year's rigorous imprisonment; accused Shankar was convicted Under Section 366 IPC and sentenced to two years' rigorous imprisonment and a fine of Rs. 100/-, in default...
Devendra Nath Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jan-18-1990
Reported in: 1990WLN(UC)13
G.K. Sharma, J.1. This petition Under Section 482, Cr.Pc is directed against the order dated 12th May, 1989, by which, the Special Judge, ACD Cases, Jodhpur, bas framed charges against the petitioner Under Sections 420, 457, 468, 471/120B, IPC and Under Section 5(l)(d) read with Section 5(2) of the Prevention of Corruption Act, 1947 (for short, 'the Act').2. During famine relief operations, some gravel roads were constructed in Banner District. The present case relates to the construction of the gravel road from Setraw to Bhunia Zone (I), 10.0 Kms. to 29.10 Kms. The construction of this road was sanctioned by the State Government. Tenders were invited from the registered contractors, by the Superintending Engineer, Jodhpur, and the tender was passed in favour of one Doshi, his being the lowest quotation.3. During the relevant period, Bhagwan Singh Bhati was the Overseer; Umakant Awasthi was the A.En. and the petitioner was the Executive Engineer (Ex.En). The contractor submitted his fi...
Ram Sukh Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jan-18-1990
Reported in: 1990(1)WLN578
M.B Sharma, J.1. The accused petitioner has been convicted Under Section 7/16 of the Prevention of Food Adulteration Act, 1954 (for short the PFA Act) and has been sentenced to undergo six month's R.I. and to a pay a fine of Rs. 1,000/-and default of payment of fine to further suffer three month's R.I.2. Besides raising other submissions it was also contended by the learned Counsel for the petitioner that the sample was taken from the possession of the accused petitioner on 18th February, 1976 and the accused petitioner was only carrier of milk. At that time as the law stood, the court had discretion to award a sentence of less than six months for the reasons to be recorded. He contends that the amendment Under Section 16 was introduced in April, 1976 where in the discretion of the court in respect of sentence was altered and the court was to impose a sentence of six months and fine and only in case the case falls under the first Proviso to Section 16 of the PFA Act, sentence of three ...
Dr. Bhika Lal JaIn and ors. Vs. University of Rajasthan and ors.
Court: Rajasthan
Decided on: Jan-17-1990
Reported in: 1990(2)WLN130
N.C. Sharma, J.1. This writ petition under Article. 226 of the Constitution of India has been filed by Dr Bhika Lal Jain, Dr. Shiv Sharma, Dr. Sudhakar Misra and Dr. T.N. Bhardwaj praying that the selection of Dr G.S. Nathawat non-petitioner No. 4, as Professor in Botany by the Selection Committee constituted for the purpose, may be declared as void and further the said non-petitioner No. 4 may be removed from the office of Professor of Botany in the University of Rajasthan. A direction is further sought that non-petitioner No. 5 whose came finds place in the reserve list, has no right to be appointed on the post of Professor, Department of Botany, after the retirement of non-petitioner No. 4.2. Facts as alleged in the writ petition are that Dr. Bhika Lal Jain, petitioner No. 1 is working as Associate Professor in the University of Rajas-then since July. 1978 and be asserts that be is fully accomplished and duly qualified for being considered for appointment to the post of Professor in...
Ram Charan Khandelwal Vs. State of Rajasthan and anr.
Court: Rajasthan
Decided on: Jan-17-1990
Reported in: 1990WLN(UC)5
S.S. Byas, J.1. The petitioner is a father and he has filed this habeas corpus petition for releasing his daughter Kumari Usha Khandelwal from the Rajya Mahila Sadan, Jaipur.2. Briefly recalled the material facts are, that Usha Khandelwal daughter of the petitioner was living with him in Bhilwara. On 2-9-1989, Usha came out of the house and did not return thereafter. The petitioner made inquiries and learnt that when Usha came out of the house, she was abducted by Pradeep Kumar, Sheru alias Jamiluddeen and Murari Agrawal. They took her forcibly on scooter. It is further stated that the petitioner went to the Police Station, Kotwali (Bhilwara) on the same day and lodged a written report of the incident. The police registered, a case and proceeded with the investigation. On 6-9-1989, Usha appeared at the Police Station, Kotwali, Bhilwara and was taken into custody. She was produced before the Judicial Magistrate, Bhilwara on 7-9-1989. Learned Magistrate passed an order, Annexure-1 and se...
Jabar Singh and ors. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jan-17-1990
Reported in: 1990WLN(UC)35
Kanta Bhatnagar, J.1. This appeal is directed against the judgement dated 24-2-1988 passed by the learned Additional Sessions Judge, Bali, by which, the appellants, Jabar Singh, Jalam Singh and Pokaria, were convicted for offences Under Sections 302 read with Sections 149, 325 read with Section 149, 323 and 147 I.P.C. and were sentenced to imprisonment for life and a fine of Rs. 5,000/- each and in default of payment of fins each to undergo two year's rigorous imprisonment on the first count; one year's rigorous and a fine of Rs. 1,000/- each and in default of payment of fine each to undergo six months' rigorous imprisonment on the second court, and 6 months' rigorous imprisonment and a fine of Rs. 500/- each and in default of payment of fine each to under six months' rigorous imprisonment on the third and fourth count.2. At the commencement of the arguments, learned Counsel for the appellants submitted that he does not want to argue the case on merits, but confines his arguments to th...
Vijay Singh Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jan-17-1990
Reported in: 1990(1)WLN1
N.C. Kochhar, J.1. Petitioner Vijai Singh has filed this application for cancellation of bail granted to respondent Banwai Lal. The facts giving rise to this application are as under: A case Under Sections 147, 148, 323 and 302, IPC was registered against the respondent and some others in Police Station, Kotwali, Alwar vide FIR No. 571 of 1988. After the respondent was arrested, he moved an application Under Section 439, Cr.PC on 16-1-1989 through Shri S,R. Bajwa, Advocate. The said application was registered as SB Criminal Miscellaneous Bail Application No. 182 of 1989 and was dismissed on merit vide order dated 27-1-1989 passed by Mrs. Kapur, J. On 5-4-1989 the petitioner moved another application Under Section 439, Cr.PC through Shri S.C. Gupta, Advocate, praying that he be released on bail. The said application was registered as SB Criminal Miscellaneous Bail Application No. 964 of 1989 and allowed vide order dated 24th April, 1989, passed by me. On 4-5-1989, the petitioner moved t...
Rashid and anr. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jan-16-1990
Reported in: 1991CriLJ733; 1990(1)WLN303
ORDERM.B. Sharma, J.1. This is bail application seeking bail for the two accused-petitioners in the case which was registered and in which a charge-sheet has been filed under the provisions of Narcotic Drugs And Psychotropic Substances Act, 1985 (for short, the ND & PS Act).2. The facts of the case in brief are these. One Bhishm Dev, Sub Inspector Jhalawar camp Khanpur of the Narcotics Department received information from Mukhbir and sought instructions from Shri J. S. Negi, Superintendent, Control Room Kota, on keeping a watch near Ghati of Doongar village, it is alleged, that at about 12-30 p.m. three persons were seen carrying black rexine bag to be proceeding on road. They were asked to stop, but they made attempt to run away. One of them, namely Laxminarain, ran away throwing the bag and the other two persons were stopped. It is alleged that the persons who were stopped disclosed their names and also the name of the person who ran away. On being asked whether they want the search ...
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