Rajasthan Court September 1990 Judgments
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Mool Chand and ors. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Sep-20-1990
Reported in: 1990(2)WLN212
Y.S. Meena, J.1. This revision petition is directed against the judgment of Additional Sessions Judges Sri Oanganagar dated 4-7-1981. Learned Additional Sessions Judge has convicted the accused petitioners Mool Chand and Gurbachan Singh Under Section 54-A of the Rajasthan Excise Act and sentenced each of them to undergo one year's rigorous imprisonment and fine of Rs. 2,000/-, in default they should further go imprisonment for six months.2. The prosecution case is that one Ramsaran Das who is also a wine contractor received some information that State Country Liquor to be brought in the area of his contract. Thus he went to Excise Inspector and gave that information to him. Excise Inspector shri Rajeshwar Dayal thereupon arranged a Laid and Laid an ambush on the Ganganagar-Banwali Road at 1 am. on 26-6-1978. That, one car came from Banwali side and when the car came near them, they gave light of Jeep and thereupon the car stopped. From the car Mool Chand ran away and could not be arres...
Kishan Dutt Sharma Vs. Rajasthan State Agricultural Market Board and a ...
Court: Rajasthan
Decided on: Sep-20-1990
Reported in: 1990WLN(UC)287
J.R. Chopra, J.1. The contention of the petitioner is that he was appointed as Lower Division Clark (Store Munshi) way back on 2-12-1985. He worked on that post as work-charge employee up to 30-4-1986, and thereafter, his services were terminated. He was again appointed as L.D.C. (Store Munshi) with effect from 23-6-1986 and worked upto 26-6-1986. He was further appointed as L.D.C. (Store Munshi) on 23-8-1986 and his services were terminated on 7-5-1988. It is contended that the respondent Board held its meeting on 21st March, 1988, in which it took a decision that all those work-charge employees who have worked more than 180 days in service then their services should be regularised and all those work-charge employees who have not completed 180 days of services, their services should be terminated. It is the admitted case of the parties that the petitioner worked for more than 180 days and, thereafore, his case deserves regularisation rather than termination but unfortunately, vide ord...
Girdhari Lal Vs. State of Rajasthan
Court: Rajasthan
Decided on: Sep-14-1990
Reported in: 1990(2)WLN224
Y.R. Meena, J.1. This revision petition is directed against the judgment of learned Sessions Judge, Churu who has convicted the petitioner Under Section 3/7, Essential Commodities Act and sentenced three months' imprisonment and fine of Rs. 500/-, in default of payment of fine further undergo three months' simple imprisonment.2. The facts in brief are that one Motiram complained to Tehsildar that petitioner Girdharilal on 25.12.76 arranged lunch for more than 100 persons in violation of the provisions of Section 3/7, Essential Commodities Act. On this complaint, Tehsildar Verbally instructed Enfor cement Inspector Shri Jagdish to find out the facts. He went to the house of Girdharilal petitioner on 25.12.76 and found that there was huge gathering at his residence. He had invited the persons for food on the occasion of his father's death. He also found that some food was already prepared and served. Some food was seized. Statements of various persons recorded. Seized food was handed ove...
Mahavir Prasad Vs. State of Rajasthan
Court: Rajasthan
Decided on: Sep-14-1990
Reported in: 1990(2)WLN229
Farooq Hasan, J.1. These five criminal misc. petitions lend themselves support to disposal by a common order, having been filed by three petitioners, namely Manavir Prasad, Mohd. Nasir S/o Mohd. Hussain & Mohd. Nasir S/o Haji Abbas in different sets seeking relief for grant of bail and quashing criminal proceedings in Cr. case No. 140/80 arising out of F.I.R. No. 7/89 of police station Karanpur.2. Brief facts giving rise to these petitions are that on 17th January, 1989, at about 9 P.M., the Superintendent of Police, Sri Ganganagar, gave a written direction to the Assistant Superintendent of Police (Circle Officer), Sri Karanpur, informing that near at about Indo-Pak border village Bhutiwala 24-0, a large consignment of heroin apart from gold is likely to be smuggled in India. The police party is alleged lo have accordingly made arrangements so as to keep strict reconnaissance on the border; and at about 11 P.M. the police party Laid by Dalpal Singh Dinkar, Assistant Superintendent of ...
Prakash Chand and ors. Vs. That State of Rajasthan and anr.
Court: Rajasthan
Decided on: Sep-14-1990
Reported in: 1990(2)WLN317
G.S. Singhvi, J.1. In all these three writ petitions, a common question of law is involved and, therefore, they are being disposed of by this common order.2. Petitioner Prakash Chand Bansal has filed this writ petition in the form of public interest litigation. He is a freedom fighter and Journalist. He has approached this court against the alleged iregularrities committed by the respondents in the matter of selection for the post of Constable in the Police Department of the Government of Rajasthan.3. Rakesh Kumar Sharma who possesses the qualification of Higher Secondary, has challenged the action of non-consideration of his case of appointment of the post of Constable on the ground of his being over-age. He has challenged the vires of Rule 11 of the Rajasthan Police Subordinate Service Rule, 1989 (hereinafter referred to as '1989 Rules').4. Dharamveer Singh and some other addressed letters to this court against the rejection of their candidatures on the ground of over age. Their lett...
Major Raja P. Singh Vs. Smt. Surendra Kumari
Court: Rajasthan
Decided on: Sep-13-1990
Reported in: AIR1991Raj133; I(1993)DMC285; 1990WLN(UC)205
1. This appeal has been filed under Section 19 of the Family Courts Act, 1984 (hereinafter referred to as 'the Act') against the order of the Judge, Family Court, Jodhpur dated 6-4-1989, whereby he rejected the application for comparing the signature of the appellant on documents Exs. 2, 15 and 52 and of adding new grounds in the petition. Aggrieved by the aforesaid order the appellant preferred this appeal before this Court. 2. The facts giving rise to this appeal are as under : Once Major Raja P. Singh the appellant has filed a divorce petition on the grounds of adultery and cruelty before the District Judge, Jodhpur which was later on transferred to the Family Court, Jodhpur on 19-8-1988. The appellant by application dated 4-1-1989 prayed that the document Ex. 2 dated 13-9-69 purported to has been written by respondent to one Takhat Singh be compared with the signatures of the appellant and also prayed by another application dated 9-1-1989 that he may be allowed to amend the petitio...
Municipal Corporation and ors. Vs. Khubilal and ors.
Court: Rajasthan
Decided on: Sep-13-1990
Reported in: [1991(62)FLR688]; (1994)IIILLJ663Raj
N.K. Jain, J.1. By this Court, This order will dispose of two civil revisions numbered I. S.B. Civil Revision No. 277/87 M.C. Udaipur v. Khubilal and 2.S.B. Civil Revision No. 301/87 Khubilal v. Administrator, M.C. Udaipur as they arise from the same order passed by the District Judge, Udaipur dated 10.3.87, whereby the learned District Judge, upheld the order of the Authority under the Payment of Wages Act, Udaipur dated 30.9.1985, in Misc. Appeals No. 171/1985 and 175/85 respectively. The Authority under the Payment of Wages Act, 1936 (Act No. 4/1936) (hereinafter referred to as the Act) accepted the claim of Khubilal in part and declined to award compensation equal to 10 times of the amount of deducted wages.2. Brief facts giving rise to these revision petitions are that Khubiial filed a claim Under Section 15(2) of the Act and alleged that he was employed on daily wages as work charged employee w.e.f 1.10.73 by Municipal Council, Udaipur, and he continued to work as Mistry (civil) ...
Pabuda Vs. State of Rajasthan
Court: Rajasthan
Decided on: Sep-13-1990
Reported in: 1990(2)WLN140
1. This appeal is directed against the judgment dated 4-4-1986 passed by the learned Sessions ludge, Merta by which appellants Pabuda was convicted Under Section 302, IPC and sentenced to imprisonment for life and fine of Rs. 2000/-, in default to undergo six months' rigorous imprisonment.2. Briefly stated, the prosecution case giving rise to the trial and appeal of the present appellant is that there was Gangoj' ceremony on the death of wife of Ladhu Babri at village Akhwas on 1-8-1984. Deceased Madhu, appellant Pabuda and accused Birma Ram, Choutha Ram, Prabhu, Devida, Motida (since acquitted by the trial court) and the prosecution witnesses Bhaawru, Prahlad, Pukhraj and Laduram attended the dinner. After dinner the appellant and a few others left the village in a tractor driven by appellant Pabuda. Madhu deceased was owing money from Prabhu and on his demanding money quarrel ensued. Accused Moti is said to have inflicted lathi blow on the partial region of Madbu. Madhu fell down, th...
Ganesh and ors. Vs. the State of Rajasthan
Court: Rajasthan
Decided on: Sep-13-1990
Reported in: 1990(2)WLN226
N.L. Tibrewal, J.1. This a joint appeal by all the accused appeallnts against the judgment dated June 29, 1979 of learned Addl, Sessions Judge, Udaipur, in Sessions Case No. 77/78 by which he convicted and sentenced the appellant as under:1. Under Section 366/149 IPC, three years' R.I. and a fine of Rs.500/-. In default of payment of fine to further undergo simple imprisonment for three months;2. Under Section 323 and 323/149 IPC three months 'R.I;3. Under Section 448 IPC Six months 'R.I. and a fine of Rs. 200/- each. In default of payment of fine simple Imprisonment for two weeks;4. Under Section 148 IPC Six months' Rule 1 and a fine of Rs. 1001-each. In default of payment of fine to undergo simple imprisonment for two weeks.2. The prosecution case is that Mst. Tulsi, D/o Narain Lal was at the house of Narain Lal when the accused persons arc said to have forcibily abducted her. It is alleged that PW/3 Smt. Chaini was present in the house and she was also assaulted, when she tried to r...
Smt. Chandra Kala Vs. the State of Rajasthan
Court: Rajasthan
Decided on: Sep-13-1990
Reported in: 1991(1)WLC547; 1990(2)WLN344
Inder Sen Israni, J.1. This is second bail application on behalf of the petitioner-Smt. Chandra Kala, who is charged to have committed offence Under Sections 498A and 302, IPC.2. Deceased-Smt. Chandra Kanta died out of burn injuries on intervening night of 4th/5th May 1990, who was married about two years back. It is submitted by Mr. K.K. Sharma, learned Counsel, that this was a case of suicide and, in fact, Ratan-brother of the husband of deceased tried to save her and in the process himself also received some burn injuries. She was rushed to E.S.I. Hospital, from where she was referred to S.M.S. Hospital. It is pointed out that in her dying declaration recorded by the Assistant Sub-Inspector of Police, she has clearly stated that Ratan & her father-in-law saved her from fire and she has no complaint against them. It is also submitted that there is note in the diary that an effort was made to bring a Judicial Magistrate to record her dying declaration, but none was available, therefor...
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