Rajasthan Court December 1990 Judgments
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Mafta and ors. Vs. the State of Rajasthan
Court: Rajasthan
Decided on: Dec-20-1990
Reported in: 1990(2)WLN261
Kanta Bhatnagar, J.1. In the case of murder of one Jagsi, resident of village-Suliva, trial was conducted against nine persons viz, Mafta, Narsa, Surta, Sona, Masunga, Shanti, Kastura, Raja and Karta by the sessions Judge, dirohi for the charges Under Sections 148, 302, 452, 157 and 302/149 I.P.C. Raja and Nava accused died during the pendency of the trial. Vide judgment dated July 21,1986 the learned Sessions Judge acquitted Sona, Masunga, Shanti and Kastura of the charges levelled against them. By the same judgment Mafta, Narsa and Surta were held guilty Under Section 304 Part-I I.P.C. and sentenced to imprisonment for life and a fine of Rs.100/- in default of payment of fine to undergo one months R.I. each. They were also convicted Under Section 148 I.P.C. and sentenced to one years R.I. and a fine of Rs.100/- in default of payment of fine to undergo one months R.I. each. Mafta was also convicted Under Section 452, I.P.C and sentenced to one year R.I. and a fine of Rs. 100/- in defa...
Vijay Kumar Khemka Vs. Rajasthan Financial Corporation and ors.
Court: Rajasthan
Decided on: Dec-19-1990
Reported in: [1994]79CompCas560(Raj)
V.S. Dave, J. 1. The petitioner in this writ petition has prayed that the sale of machinery, finished products and raw material, etc., lying in the factory premises of the petitioner by respondent Nos. 1 to 5, effected in favour of respondent No. 8 for a sum of Rs. 35,000 even though the property was worth about Rs. 6,00,000 be set aside as being illegal and mala fide and in contravention of the procedures and guidelines framed by the Rajasthan Financial Corporation. The petitioner has based this prayer on a decision of their Lordships of the Supreme Court in Swastic Auto-mobiles v. Bihar State Financial Corporation, AIR 1989 SC 1551, wherein their Lordships set aside the sale of the security by the Bihar State Financial Corporation in exercise of its powers under the State Financial Corporations Act as it was found difficult for their Lordships to sustain as the security which was valued at over Rs. 20,00,000 had been sold for a small amount that was actually due to the debtor by the ...
Salamudeen Vs. the State of Rajasthan and anr.
Court: Rajasthan
Decided on: Dec-19-1990
Reported in: 1990(2)WLN281; 1990WLN(UC)170
1. By the writ petition, the petitioner has challenges the entry 'Welder' in Col No. 4 of item No. 15 of the Schedule annexed to the Rajasthan Ground Water (Subordinate Service) Rules, 1973 (for short 'the Rules') and has prayed that this entry be declared invalid being discriminatory and violative of Article 14 and 16 of the Constitution as by making Welder eligible for appointment by promotion along with Mechanic Gr. 11 to the post of Mechanic Gr. I has affected the rights of the petitioner and like others adversely.2. Mr. M.Mridul, the learned Counsel appearing for the petitioner has contended that there is difference in pay scales, qualifications and nature of duties between the posts of Mechanic Gr. II and the Welder. He has submitted that as per item No. 15 of the Schedule annexed to the Rules, 75% posts are to be filled in by promotion from amount the Mechanics Gr. II and welders who possess 5 year experience on the post and are literate and 25% posts of Mechanics Gr. I are to b...
Kunwar Pal Vs. State of Rajasthan
Court: Rajasthan
Decided on: Dec-19-1990
Reported in: 1990(2)WLN399
I.S. Israni, J.1. Heard. The matter was heard for final disposal with consent of both the parties. It is submitted by Mr. Biri Singh, learned Counsel, that, initially, a case Under Section 376, IPC, was registered against the petitioner, regarding the incident, which took place on 7.4.85. FIR was lodged on 9.4.85. Thereafter, an offence was committed by the accused Under Section 354, IPC, and he was released on bail by the Investigating officer. However, the eelier bail was cancelled and the offence was converted to have been committed Under Section 376/511, 354/451 and 323, IPC. It is submitted that the statement of proxecutrix Mst. Kamla was recorded on 1.8.90. The statement was read-over by the learned Counsel. From this statement, it is evident that she only says that she suspects the petitioner to have committed rape, because she found the petitioner loitering out-side her house, few days earlier.2. It is further submitted by the learned Counsel that on 1.8.90, after recording the...
Karni Singh and ors. Vs. Dinesh Alias Pappu and anr.
Court: Rajasthan
Decided on: Dec-19-1990
Reported in: 1990(2)WLN573
B.R. Arora, J.1. This revision is directed against the order dated August 11, 1986, passed by the Additional Chief Judicial Magistrate No. 3, Jodhpur, by which the learned Magistrate has taken cognizance against the petitioners and seven other persons.2. Complainant Dinesh alias Pappu filed a complaint in the Court of the learned Additional Chief Judicial Magistrate No. 3, Jodhpur, against the present petitioners and seven other persons Under Sections 166, 288, 323, 337, 342, 357, 394, 440, 454, 147, 148 and 149, IPC. It was alleged in the complaint that on Plot No. 17, situated near Maghrajji Ka Tanka, Mandore Road, Jodhpur, which was purchased by his brother, who has constructed a boundary wall and two residential rooms alongwith kitchen and latrine. The accused persons came on the site and abused him and also gave beating to him. They also demolished the construction raised by him. Certain other allegations were, also, made in the complaint. The Complainant has also, filed certain d...
Devi Chand JaIn Vs. the State of Rajasthan
Court: Rajasthan
Decided on: Dec-19-1990
Reported in: 1990WLN(UC)228
B.R. Arora, J.1. These two petitions relate to the delivery of tractor No. RJN 1193, cultivator and displough seized in C.R. No. 18 of 1990 at Police Station, Sirohi, and therefore, I propose to decide both the petitions by this common order.2. The facts of the case are that on February 20, 1990, the complainant Devi Chand filed a complaint in the Court of the Judicial Magistrate, Sirohi, against Chhelsingh and Laxamn Dan for offences Under Sections 406 and 379, I.P.C. The learned Magistrate sent the report for investigation Under Section 156(3) Cr. P.C. to the Station House Officer, Police Station, Sirohi, who, after necessary investigation, presented the challan Under Sections 406 and 379, I.P.C. against the accused in the Court of the Munsif and Judicial Magistrate, Sirohi. During investigation, the police seized the tractor, cultivator and the displough. After the seizure of the tractor, cultivator and the displough, Laxman Dan as well as Devi Chand, both, moved separate applicatio...
Bheem Bahadur Vs. the State of Rajasthan
Court: Rajasthan
Decided on: Dec-19-1990
Reported in: 1990WLN(UC)198
B.R. Arora, J.1. This revision petition is directed against the judgment dated October 3, 1990, passed by the learned Additional Sessions Judge, Nohar, by which the learned Additional Sessions Judge convicted the present petitioner Under Section 228, I.P.C.2. The petitioner is working as a peon in the Court of the Additional Sessions Judge, Nohar. On October 5, 1990, the learned Additional Sessions Judge was sitting in his Court and was discharging his judicial functions. At that time, the petitioner entered in the Court dragging the sleeper and making noise. When he was asked by the learned Additional Sessions Judge how he was doing like that then the petitioner said that it was his habit and no Presiding Officer has, so far, objected in his doing so. The noise created by dragging the sleepers obstruction in the working of the Presiding Officer. This was done by the petitioner-accused in the presence of Khoob Chand, Mr. Yogi Kumar Advocate, Om Prakash, Mr. Moolchand Advocate, Vishambe...
Laxmi NaraIn Vs. the State of Rajasthan
Court: Rajasthan
Decided on: Dec-19-1990
Reported in: 1990WLN(UC)200
B.R. Arora, J.1. This petition Under Section 482 Cr. P.C. has been filed by the petitioner for quashing the proceeding in Criminal Case No. 618/1986 (The State of Rajasthan v. Laxmi Narain) pending in the Court of the Munsif and Judicial Magistrate, First Class, Pali.2. Om Prakash S/o Shri Mool Chand filed a written report on April 7, 1983 at Police Station, Pali, to the effect that he is in possession of a Nohra No. 7 situated in Mohallah Paliwalon Ka in Pali city since November 20, 1981, when his father expired. On April 6, 1983, at about 7.30 p.m., when he returned to his house, he was informed that Laxmi Narain has broken the lock and tried to enter into the Nohra, but he was not allowed to enter into it. On the basis of this information, a First Information Report was registered Under Sections 447, 323 and 379, I.P.C. and the police, after necessary investigation, presented a challan against the petitioner Under Section 447, I.P.C. The learned Munsif and Judicial Magistrate, First...
Bharat Singh Vs. the State of Rajasthan
Court: Rajasthan
Decided on: Dec-19-1990
Reported in: 1990WLN(UC)246
B.R. Arora, J.1. This miscellaneous petition is directed against the order dated March 3, 1990, passed by the Sessions Judge, Bhilwara, by which the learned Sessions Judge framed the charges Under Sections 307 and 458, I.P.C. against the petitioner.2. Briefly slated, the facts of the prosecution case are that the complainant Shambhu Singh lodged a First Information Report at Police Station, Mandar (District Bhilwara) on September 25, 1989, to the effect that in the morning of September 25, 1989, when he, alongwith his family members, was sleeping in his house; the accused came armed with a Lathi and knocked at the doors and after opening the door, inflicted injuries with Lathi and this lathi was snatched by the son of the complainant. As the lathi of the accused was snatched by the son of the complainant, he, therefore, went running to his house and came back with a gun. He tried to make fire but that gun was, also, snatched by the other persons who had collected there. Thereafter, aga...
Bhupendra Singh and anr. Vs. the State of Rajasthan
Court: Rajasthan
Decided on: Dec-19-1990
Reported in: 1990WLN(UC)283
B.R. Arora, J.This miscellaneous petition is directed against the order dated November 29, 1989, passed by the learned Additional Sessions Judge framed charges against the petitioners Under Sections 147, 148, 149, 452, 307, 324/149 and 325, I.P.C.2. On December 9, 1987, a First Information Report was lodged at Police Station, Dhan Mandi, Udaipur, by Shri Vijay Choudhary that in the evening at about 4.45 p.m. on that day, he was sitting in his shop and at that time accused-petitioners Bhupendra Singh and Deepak alongwith four other persons came to his shop. Bhupendra Singh was armed with an ironpipe, Deepak was armed with a Lathi and the remaining accused were armed with Lathis and swords. After reaching the shop Bhupendra Singh inflicted an injury with the ironpipe at the legs; Deepak tried to inflict injury by Lathi on his head, which landed on the right hand as the complainant raised his right hand; and the remaining acused persons started beating by legs and fists. On the basis of t...
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