Rajasthan Court March 1990 Judgments
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Janwara Ram Vs. Jadu Ram and ors.
Court: Rajasthan
Decided on: Mar-05-1990
Reported in: 1990WLN(UC)66
M.B. Sharma, J.1. It is complainant's revision against the acquittal of the accused petitioners No. 1 and 2 of the charge Under Section 363, 366 and 376 IPC by the learned Sessions Judge Jhunjhunu under his judgment dated 3-12-1987.2. I have heard learned Counsel for the respondent and have gone through the record of the case. The learned Sessions Judge has held that the age of the prosecutrix Smt. Barphi at the time of the occurrence was 18 to 19 years and that she had gone to the accused non-petitioner of her free will and intercourse, if any, was with her consent. After having gone through the judgment of the learned Sessions Judge, in my opinion, it cannot be said that the view taken by him is perverse or in other words as such that no reasonable man on the evidence on record could have taken.3. I find no force in this revision petition and it is here by dismissed....
Gopi Alias Sobha Singh Vs. State of Rajasthan
Court: Rajasthan
Decided on: Mar-05-1990
Reported in: 1990(1)WLN628
Sobhagmal Jain, J.1. This appeal is directed against the judgment dated April 20, 1989, of the Sessions Judge, Balotra, convicting and sentencing the appellant for the offence Under Section 328, IPC to 5 years RI and a fine of Rs. 100/- and in default of payment of the one month further RI and Under Section 379, IPC to one years sentence. Both the sentences have been directed to run concurrently. The case relates to the incident which took place on March 21, 1987, in the cattle-fair held at Tilwara. According to the prosecu-Fateh Singh had gone to the catlte fair to horse. He had with him a sum of Rs 2060/-. Bala was accompanying him. The appellant came to Fatehsingh and remained with him for some time. Thereafter he brought tea and offered it to Fateh Singh. According to the prosecution the tea contained something which dragged Fateh Singh. He lost senses and when he was in such a condition the accused took away his currency-notes. The First Information Report of the occurrence was lo...
Mahavir Alias Mahavir Prasad Vs. State of Rajasthan
Court: Rajasthan
Decided on: Mar-05-1990
Reported in: 1990(1)WLN159
R.S. Verma, J.1. Learned Addl. Sessions Judge, Bikaner, by his judgment dated 21-10-87 in Sessions Case No. 16/86 has convicted Mahavir of an offence Under Section 302 IPC and has sentenced him to undergo life imprisonment and to pay a fine of Rs. 500/- and in default to undergo further rigorous imprisonment of one year. Aggrieved, he has come in appeal.2. Briefly stated, the prosecution story is that deceased Radha and PW 7 Mira are sisters, being daughters of PW 2 Babu Lal and PW 8 Mohini, Appellant Mahavir is son of Mohan Lal and his wife Mohini (not the former Mohini). Mohan Lal has two more sons viz. Chaturbhuj and Hanuman, Deceased Smt. Radha was married to appellant Mahavir some seven years prior to the incident. Radha's sister PW 7 Mira was married to Hanuman aforesaid, the brother of the appellant. Smt. Radha used to reside with her husband separately from her in-laws in a rented house at Idgah-ki-Bari in the town of Bikaner while Mohanlal, his wife Mohini, Hanuman and Smt. Ra...
Rambagh Hotels Pvt. Ltd. Vs. Commercial Taxes Officer
Court: Rajasthan
Decided on: Mar-02-1990
Reported in: [1990]78STC35(Raj)
M. B. Sharma, J.1. In the present writ petition the question is as to which of the two views, (i) the definition of 'sale' as given in Section 2(o) of the Rajasthan Sales Tax Act, 1954 (for short, 'the Act') as existed on the day the Forty-sixth Constitutional Amendment Act came into force, stands amended by virtue of the aforesaid Constitutional Amendment, or (ii) it was necessary to change the definition of 'sale' as aforesaid to bring it in conformity with Clause (29A) of Article 466 of the Constitution of India as inserted by the aforesaid Forty-sixth Constitutional Amendment ?2. The petitioner Rambagh Hotels Pvt. Ltd., Jaipur (for short, 'the company') carries on business of a hotelier and the mode of charging bills from its customers is all inclusive of the various services rendered to them, i.e., food and drinks and other amenities, etc. Sales tax laws are enacted under entry 92A of the Union List (List I) and entry 54 of the State List (List II). The Act so far as this State is...
Chhagan Lal Vs. B.B. Bhardwaj and ors.
Court: Rajasthan
Decided on: Mar-01-1990
Reported in: 1990(2)WLN73
Mohini Kapoor, J.1. The petitioner has moved this application Under Section 12 of Contempt of Courts Act against the non-petitioners who are the SHO and Head Constable of the Police Station Tehla, district Alwar for disobeying the order dated 5th October, 1988 passed by the Court in S.B Criminal Misc. Bail Application No 2581/88 This application Under Section 438 Cr. PC was allowed and it was directed that in the event of the arrest of the petitioner, he shall be released on bail on certain conditions The petitioner obtained certified copy of this order dated 5th October, 1989 and went to the police station, Tehla on the next day i.e. 6th October, 1988 and informed the Station House Officer about the order of this Court. On 18 October, 1988 at about 9.30 p.m. the non-petitioner came at the residence of the petitioner at Phulera with other police personnel in civil dress. The petitioner showed the order of this Court but he was arrested and taken to Police Station Tehla According to the...
Mahendra Pratap Singh Vs. State of Rajasthan
Court: Rajasthan
Decided on: Mar-01-1990
Reported in: 1990(1)WLN607
V.S. Dave, J.1. This petition Under Section 482 Cr. PC has been filed for quashing the proceeding pending before the learned Munsif and Judicial Magistrate, Uniyara in criminal case No. 317/88, State v. Rajeshwar Singh and Ors..2. Brief facts leading to this petition are that Assistant Land Record Officer, Circle Uniyara (Tonk) Shri Radha Mohan Bhatnagar has filed a report before the Superintendent of Police, Tonk on 13 9-1981 which was sent in turn to Circle Officer, Deoli for registration of a case accordingly who on 14-9-3981 sent it to the SHO., Nagar for registration of a case and investigating into the matter. On 21-9-1981 the SHO., Nagar recorded the FIR No. 33/81 against the accused petitioners for offence Under Sections 353 and 332 IPC After investigating into the case the SHO., P.S. Nagar prepared a charge-sheet No. 7/82 on 7-7-1982 against six persons including the five petitioners. Before the charge-sheet could be forwarded to the court the SHO received instructions for sen...
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