Rajasthan Court December 1990 Judgments
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Joginder Singh Vs. the State of Rajasthan
Court: Rajasthan
Decided on: Dec-21-1990
Reported in: 1990(2)WLN375
B.R. Arora, J.1. This miscellaneous petition is directed against the order dated August 29,1988, passed by the Munsif and Judicial Magistrate, First Class, Ratangarh, framing charge against the petitioner.2. The petitioner was the Station House Officer posted at Police. Station, Ratangarh, in the year 1983-84. While he was posted as the Station House Officer, Police Station, Ratangarh, he investigated certain cases and after completion of the investigation, presented the challan in the Court of the Additional Chief Judicial Magistral, Ratangarh, against the accused. The petitioner was cited as a witness in the charges sheet. These were pending for recording the evidence of the petitioner as well as the other witnesses on January 30,1984, and the petitioner was bound-down on the earlier date by the learned Magistrate to appear for giving evidence on January 30,1984. As the petitioner did not appear on January 30, 1984, the learned Additional Chief Judicial Magistrate, therefore, by his ...
GaIn Singh Vs. the State of Rajasthan
Court: Rajasthan
Decided on: Dec-21-1990
Reported in: 1990(2)WLN381
B.R. Arora, J.1. This petition Under Section 482, Cr.P.C. has been directed against the order dated June 27,1990, passed by the Sub-Divisional Magistrate, Barmer, Under Section 116(3) of the Code of Criminal Procedure.2. The Station House Officer, Police Station, Bijrad, filed a complaint Under Section 110 Cr.P.C. against the petitioner in the Court of the Sub-Divisional Magistrate, Barmer, mentioned therein that the petitioner is engaged in smuggling activites and he is also giving shelter to the smugglers. It was further mentioned in the complaint that the petitioner's family, prior to partition of the Country, resided in Pakistan and during the partition, they came to India and the petitioner is residing in village Nawapura, but his relationship is, also, in Pakistan as well as in India. He used to go to Pakistan without any valid passport and his relatives, who are living in Pakistan, used to come without any passport and stay with him. He is, also, engaged in smuggling activities....
Jodhpur University Temporary Teachers, Forum Vs. the University of Jod ...
Court: Rajasthan
Decided on: Dec-21-1990
Reported in: 1990(2)WLN530
J.R. Chopra, J.1. These two petitions: one filed by Jodhpur University Temporary Teachers Forum (for short 'the Forum' and the other filed by one Shri Mohan Swaroop Mahesh wari Associate Professor, Department of Physics and Member of syndicate, University of Jodhpur, Jodhpur raise certain common questions of law and facts and, therefore, they were heard together and are being disposed of by a common order.2. Succinctly stated the facts of the writ petition No. 2916 of 1990, filed by the Fourm are: that the members of the petitioner fourm are serving this University for the past some years. In order to safeguard their rights and to have the bargains and for obtaining better conditions of service from the University of Jodhpur, this forum was constituted by the temporary teachers of the Jodhpur University.3. It was contended that qualifications for confirming. Teaching Staff of the Jodhpur University are provided and regulated by Ordinance 317 of the Jodhpur University and those qualific...
Shri AlimuddIn and ors. Vs. the State of Rajasthan
Court: Rajasthan
Decided on: Dec-21-1990
Reported in: 1990WLN(UC)148
N.K. Jain, J.1. These three habeas corpus petitions raise, a common question of law and, therefore, they were heard together and are being disposed of by a common order.2. In Habeas Corpus Petition No. 4963 of 1990, filed by Shri Alimuddin, one Mohammed Rafiq son of Shri Shaft Mohammad resident of Kasaiyon-ki-kui, Nimbahera Paschhim, Distt. Chittorgarh was arrested by the S.H.O., Police Station, Nimbahera and the Dy.S.P. of that circle, as 14 Kgs. of opium was found in his possession. Although, it is alleged that the room which is situated in the field was always kept open but the allegation of the police is that this room was locked and its lock was opened by Shri Mohammed Rafiq himself, He was arrested on 16.10.1990 and was produced before the learned Munsif & Judicial magistrate, Nimbahera, who remanded him to police custody upto 25.10.1990. He was again produced before the learned Munsif & Judicial Magistrate, Chittorgarh, who remanded him to Judicial custody on 26.10.90 and therea...
Administrator, Municipal Board Vs. the State of Rajasthan and anr.
Court: Rajasthan
Decided on: Dec-21-1990
Reported in: 1990WLN(UC)260
B.R. Arora1. This revision petition is directed against the order dated August 19, 1989, passed by the Munsif and Judicial Magistrate, First Class, Sujangarh, by which the learned Magistrate refused to take cognizance against the non-petitioner.2. Administrator, Municipal Board, Sujangarh, lodged a First Information Report at Police Station, Sujangarh, against Purshottam Khetan, Proprietor of M/s Public Medical Store, Sujangarh, Under Section 420, I.P.C. mentioning therein that the accused fraudulently brought medicines in the municipal area without paying the proper octroi and fabricating the false documents with the bank. It was alleged in the application that the petitioner brought these medicines in the municipal area without paying the proper octroi between the period from December 3, 1985 to March 3, 1986. The police, after necessary investigation, submitted the Final Report so far as the offence Under Section 420, I.P.C. was concerned and opined that only an offence Under Sectio...
Nand Kishore Trivedi Vs. the State of Rajasthan
Court: Rajasthan
Decided on: Dec-21-1990
Reported in: 1990WLN(UC)202
B.R. Arora, J.1. This petition Under Section 482, Cr. P.C. is directed against the order dated February 21, 1990, passed by the Special Judge, C.B.I. Cases, Jodhpur, by which the learned Special Judge rejected the application of the petitioner.2. The petitioner, who was working as an Officer in the State Bank of Bikaner and Jaipur, Khanda Falsa, Branch, Jodhpur, is facing trial Under Sections 409 and 420, I.P.C. read with Section 5(1)(c) and Section 5(2) of the Prevention of Corruption Act, in the Court of the Special Judge, C.B.I. Cases, Jodhpur. During the pendency of trial, on February 6, 1990, the petitioner moved an application, raising an objection that as he is not a 'public servant', therefore, his trial by the Special Judge, C.B.I. Cases, Jodhpur, is wholly without jurisdiction. The learned Special Judge, by his order dated February 25, 1990, rejected the application filed by the petitioner and held that the petitioner's case is recovered by Section 21(12) of the Indian Penal ...
Usman Vs. Sita Ram
Court: Rajasthan
Decided on: Dec-21-1990
Reported in: 1990WLN(UC)314
R.S. Verma, J.1. This is a landlord-tenant marathon. It has a chequered history. Defendants arc the revision-petitioners before me. Landlords are plaintiff non-petitioners. Initially the plaintiffs brought Civil Original Suit No. 60/71 before the trial court for ejectment and recovery of arrears of rent. The tenancy was not in dispute. The plaintiffs claimed that the suit shop had been letout at Rs. 9/- p.m. They claimed that no notice for determination of tenancy had been served. They pleaded that the rent was excessive and standard rent was liable to be fixed at Rs. 3/- p.m. The trial court found that the shop had been letout on 11-2-48 at a rental Rs. 3/- p.m. It, however, found that notice for determination of tenancy had not been served. Upon these premises, the trial court dismissed the suit regarding ejectment but fixed the standard rent at Rs. 3/- p.m. with effect from 5-7-72.2. An appeal was filed by the plaintiffs before the learned District Judge, Jodhpur against the dismiss...
Hamja Vs. the State of Rajasthan and anr.
Court: Rajasthan
Decided on: Dec-21-1990
Reported in: 1990WLN(UC)263
B.R. Arora1. This petition Under Section 482, Cr. P.C. has been directed against the order dated June 27, 1990, passed by the Sub-Divisional Magistrate, Barmer, Under Section 116(3) of the Code of Criminal Procedure.2. The Station House Officer, Police Station, Gadra Road, filed a complaint Under Section 110, Cr. P.C. against the petitioner in the Court of the Sub-Divisional Magistrate, Barmer, mentioning therein that the petitioner is engaged in smuggling activities and he is also giving shelter to the smugglers. His name has, also, been entered in police record. It was, therefore, prayed that the proceedings Under Section 110, Cr. P.C. maybe initiated against the petitioner. It was, also prayed in the complaint that it is necessary in the interest of public tranquillity so that there may not be recurrance of commission of the offences by the petitioner, an order Under Section 116(3) of the Code of Criminal Procedure may also be passed and the petitioner may be asked to execute a bond...
inder Chand Vs. Smt. Lilawati
Court: Rajasthan
Decided on: Dec-20-1990
Reported in: AIR1991Raj131; 1990(2)WLN385; 1990WLN(UC)163
ORDERN.K. Jain, J. 1. This revision petition is directed against the order of learned Addl. Munsif and Judicial Magistrate No. 2, Jodhpur dated 7-11-1987. 2. Brief facts of the case are that the plaintiff non-petitioner has filed a suit for ejectment on the ground of default in payment of rent and personal necessity. The petitioner defendant filed written statement. The interim rent was determined Under Section 13(3) of the Rajasthan Premises (Control of Rent and Eviction) Act 1950. The non-petitioner-plaintiffs moved an application for striking off the defence of the petitioner, as he has committed default. The defence was struck off on 3rd March, 1986. The case was fixed for evidence of the defendant on 28-8-87 but the same was adjourned, as there was dispute that once defence had already been struck off evidence cannot proceed. The trial court was of the view that if the defendant is allowed to adduce evidence on the eviction other than default, then it would amount to reconsiderati...
Prem Kanwar Vs. R.S.R.T.C.
Court: Rajasthan
Decided on: Dec-20-1990
Reported in: (1992)ILLJ800Raj
M.R. Calla, J.1. The petitioner is a widow of one Narendra Singh Rathore, who was admittedly an employee of the Rajasthan State Road Transport Corporation, Jaipur. The petitioner's case is that her husband had died while being in the service of the Corporation on November 14, 1986 and in support of this averment she has placed a document dated January 29, 1987, which is an office order passed by the authority of the RSRTC which has been reproduced in para 6 at page 3, in the body of the writ petition and the original of it has been placed for my perusal by Shri Sharma, today.2. The sole contention on which the petitioner's claim is being opposed before this Court is that the petitioner's husband Narendra Singh Rathore had resigned and his resignation had been accepted on December 12, 1985 and it was thereafter that Narendra Singh Rathore died on November 14, 1986. Therefore, the petitioner is not entitled to the appointment as the dependent of the deceased employee of the Corporation. ...
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