Rajasthan Court February 1990 Judgments

Bhurmal Vs. Suraj Mal and ors.

Court: Rajasthan

Reported in: 1990(1)WLN274

N C. Sharma, J.1. This is an appeal by Bhusamal, bp leave from this Court, against the judgment of the Special Magistrate, Alwar dated June, 14, 1982 where by the respondents were acquitted for the offence Under Section 4/7 of the Protection of Civil Rights Act and Sections 323 and 504 IPC.2. Facts leading to the filing to this appeal are that on September 1, 1980 the appellant had filed a private criminal complain against the respondents alleging that on a day prior at about 4 p.m. the mother of the complainant named Mst. Mamli had gone to draw water from Khatiwala well situated in village Siwana, District Alwar. It was stated that while Mst. Mamli was drawing water from the said well, the respondents armed with lathies and Jellies formed an unlawful assembly and obstructed Mst. Mamli from drawing water from the said well on the ground that she was 'Jatiya' by caste and an untouchable. Mst. Mamli protested as she had been drawing water from this well from before and insisted that she ...

State of Rajasthan Vs. Nathumal

Court: Rajasthan

Reported in: 1990(1)WLN618

N.C. Sharma, J.1. In merchantile system of accountancy, it is absolutely necessary to make physical verification of the stock in possession at the beginning of the accounting year as well as at its close, This necessity arises on account of the fact that without taking into account the stock possession at the beginning and the end of the accounting year, it is not at all possible to work out annual profits or losses earned or suffered by a trader. This system also prevents evasion of various taxations like Income Tax and Sales Tax. Apart from that, important economic legislation like Essential Commodities Act, 1955, the object of which is to regulate the supply and distribution of essential commodities, the stock possession assume it's importance in order to prevent black marketing and ensuring efficient working of puplic distribution system. For that, from time to time various orders have been issued by the State Government including the Rajasthan Gur Khandsari and Gur Dealer Licencin...

Bhurmal Vs. Surajmal and ors.

Court: Rajasthan

Reported in: 1990(1)WLN616

M.B. Sharma, J.1. This is appeal by Bhurmal, by leave from this Court, against the judgment of the Special Magistrate, Alwar dated June 14, 1982 whereby the respondents were acquitted for the offence Under Section 4/7 of the Protection of Civil Rights Act and Sections 323 and 504, IPC.2. Facts leading to the filing to this appeal are that on September, 1 1980, the appellant had filed a private criminal complaint against the respondents alleging that on a day prior at about 4 p.m., the mother of the complainant named Mst. Mamli had gone to draw water Khatiwala well situated in village Siwana, District Alwar. It was stated that while Mst. Mamli was drawing water from the said well, the respondents armed with lathies and Jellies formed an unlawful assembly and obstructed Mst. Mamli from drawing water from the said well on the ground that she was 'Jatiya' by caste and an untouchable. Mst. Mamli protested as she had been drawing water from this well from before and insisted that she would d...

Varis Ali Vs. the State of Rajasthan

Court: Rajasthan

Reported in: 1992CriLJ1249; 1990(1)WLN276

N.C. Sharma, J.1. The prosecution came with a case that on April 6, 1981 at about 11 or 11.30 p.m. Mohd. Rafique P.W. 1 after taking his meals, had gone to the shop of Ilias to purchase beetle and while he was returning after taking beetle to his house through a lane behind the house of Valiulla-khan, two persons were sitting upon a chabutra to whom he could not identify. He had proceeded about 3-4 steps forward that the two persons came on his back side and caught hold of him by their hands. They dragged Mohd. Rafique in the darkness in the lane. He gave kicks to release his both hands and kicked one of the persons and that person fell down. The other person thereupon inflicted injury on the neck of Mohd. Rafique by a dagger. He fell down. In the meanwhile wife of Bhoora Mistri and several other persons reached on the spot. The injured Mohd. Rafique identified the appellant as the assailant and when the women-folk reached at the place of the incident, these three assailants took to th...

Ramjas Vs. State of Rajasthan

Court: Rajasthan

Reported in: 1990(2)WLN46

N.C Sharma, J.1. Shri Ramjas s/o Birdha, by caste Gujar R/o village Jhundwa, Police Station Aligarh (District Tonk) was brought to Sadat Hospital, Tonk September 13, 1981 in an injured condition. He was a stoat person while he was examined by the Medical Jurist and had lacerated wound on the scalp on left temporal region 1/4' x 1/4' touching the bone. There was fracture left temporal bone of the skull. He had also lacerated wound on right forcatm in center with fracture of Ulna shaft of right fore arm just below the injury. His eyes were closed and pupils dilated. Internal examination showed that Ramjas had haemorrhage over the vault of the skull on left temporal region with blood deposited in the muscles on left side of skull, clotted blood presenting from the fractured piece of the skull. The skull on left temporal region was having fracture 3' long with multiple bone fragments presents. On the brain there was subarachnoid haemorrhage present on the temporal lobe. So far as the right...

Lal Chand and ors. Vs. State of Raj. and ors.

Court: Rajasthan

Reported in: 1991(2)WLN347

Mahendra Bhushan Sharma, J.1. The present batch of writ petitions is by 12 petitioners who were selected as teachers under the Rajasthan Panchayat Samiti and Zila Parishad Rule, 1955 (for short, the Rule). It is common ground of the parties that under the aforesaid Rules, a large number of persons were selected, some were appointed but some could not be appointed. Who were not selected secured stay orders and therefore, appointments could not be given to the selected teachers. There were writ petitions in this court and there is a decision of a Division Bench of this Court. Smt. Yashoda Rani and Ors. v. State of Raj. and Ors. RLR 1989 (1) 69 and the Division Bench while disposing the writ petitions passed an order which is as under:Having taken all these facts into consideration we pass the following direction in these writ petitions:1. The respondents shall first make the appointment of the duly selected candidates which will also include those candidates who are in the waiting/reserv...

Municipal Council, Bikaner Vs. Shambhu Yadav and Another

Court: Rajasthan State Consumer Disputes Redressal Commission SCDRC Jaipur

S.K.M. Lodha, President: (1) These are five connected appeals under Sec. 15 of the Consumer Protection Act, 1986 (for short "the Act") arising out of a common order dated 17.10.89 passed in different five complaints. They were heard together and we consider it proper to dispose them of by a common order. (2) The facts leading to these five appeals are identical. We may notice the facts in Appeal No. 107 of 1989. The Complainant has stated in Complaint No. 288/89, which has given rise to Appeal No. 107 of 1989 that he resides within the local limits of the Municipal Council, Bikaner in the building known as Manohar Bhavan, which is situated near Lal Bahadur Sabji Mandi, Rani Bazar, Bikaner. The Opposite-Party did not pay any head to the complaints made by the complainants. They, therefore filed the complaints on 1.9.89 praying that the Opposite-Party may be directed to remove the pollution. After notice, the Opposite-Party Appellant reised a preliminary objection stating that the compla...

Mohan and ors. Vs. State of Rajasthan

Court: Rajasthan

Reported in: 1990(1)WLN307

N.C. Sharma, J.1. Out of the seven appellants in this appeal, while Mohan appellant No. 1 was found guilty for offences Under Sections 323, 149, 148, 324 and Section 324 read with Section 149 IPC, the rest of the appellants were found guilty Under Sections 323, 147, 324 read with Section 149 and Section 325 read with Section 149, IPC. How ever, instead of being sentenced for imprisonment, all the appellants were given benefit of Section 4 of the Probation of Offenders Act and they were released upon entering into a bond for a period of 3 years. Yet the appellants have come in an appeal to this Court.2. The main argument advanced by the learned Counsel for the appellants was that the prosecution had not come with a true version about the origin of the fight and the manner in which the incident took place. The appellant Mukh Ram has come forward with a counter version and his version is more probable on account of the existence of injuries on his body which remained unexplained by the pr...

Brij Mohan Vs. State of Rajasthan

Court: Rajasthan

Reported in: 1990(1)WLN272

N.C. Sharma, J.1. Once a citizen of this country of this State is elected by popular vote from his constituency and takes oath as Member of Legislative Assembly, his dedicated concentration should be in making the Executive accountable to the Legislature by putting questions, by moving motions for discussion and by attending himself to the legislative business which is the function of the Legislative Assembly to discharge.2. How ever, it is very unfortunate position in this State that even for lodging a First Information Report at Police Station, Chandan Singh PW 8 had to approach Shri Banwari Lal, Member of Legislative Assembly either in order to get the report lodged at Police Station, Kotwali, Dholpur or sinisterly to pressurise the Officer-in-charge of the Police Station to implicate the appellant Brij Mohan in an alleged offence Under Section 307 IPC. Either may be the reason. It is, bow ever, very clear that a Member of the State Legislative Assembly had no business what so ever ...

Sohan Lal Vs. State of Rajasthan

Court: Rajasthan

Reported in: 1990WLN(UC)65

M.B. Sharma, J.1. The conviction of the accused-petitioner Under Section 304A IPC recorded by the Judicial Magistrate, Chirawa under his judgment dated 12th December, 1983 has been upheld by the learned Sessions Judge, Jhunjhunu under his judgment dated 18th December, 1987. The learned trial Court has sentenced the accused-petitioner to undergo one year's R. I. and to pay a fine of Rs. 1,000/-, in default he will further undergo 4 month's imprisonment.2. Both the courts below have recorded the finding that the accused-petitioner was driving the Jeep No. RJP 2411 rashly and negligently and a boy Lalit Kumar was rum over and died. The witnesses have deposed against the driver of the jeep. The offence Under Section 304A IPC is punishable with a maximum of 2 years imprisonment and this is a first offence of the accused-petitioner and the case is more than 12 years old, the petitioner deserves leniency on these points. In my view the benefit of the Probation of Offenders' Act, 1958 should b...