Rajasthan Court January 1991 Judgments
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Darwara Singh Vs. the State of Rajasthan and ors.
Court: Rajasthan
Decided on: Jan-29-1991
Reported in: 1991(1)WLN441
B.R. Arora, J.1. This miscellaneous petition is directed against the order dated April 12, 1989, passed by the District and Sessions Judge, Sri Ganganagar, by which the learned Sessions Judge dismissed the revision petition filed by the petitioner.2. Pyara Singh and Darwara Singh sons of Shri Thakur Singh filed an application under Section 133 of the Code of Criminal Procedure in the Court of the Sub-Divisional Magistrate, Sri Ganganagar, against Dhara Singh, Dalbeer Singh, Kulwant Singh, Gurmit Singh and Manjit Singh mentioning there in that there is a public way of about 40' wide situated between Aahata Nos. 15 and 38 in village 1-H Chhoti, tehsil Sri Ganganagar. This is a sanctioned way and is situated between the two plots of the applicants. The non-applicants, on December 15, 1985, made obstructions in this public way and constructed a wall, measuring 100' x 25'. It was further mentioned that the applicants are living in plot No. 30 and the non- applicants are not allowing them or...
Pratap Singh Vs. the State of Rajasthan
Court: Rajasthan
Decided on: Jan-29-1991
Reported in: 1991WLN(UC)25
B.R. Arora, J.1. This miscellaneous petition is directed against the order dated July 30, 1987 passed by the Munsif and Judicial Magistrate, First Class Rajsamand, by which the learned Magistrate dismissed the application filed by the petitioner.2. The learned Munsif and Judicial Magistrate, Rajsamand, filed a complaint against the petitioner in the Court of the Additional Chief Judicial Magistrate, Rajsamand. It was alleged in the complaint that in Criminal Case No. 51 of 1984 The State of Rajasthan v. Vijay Singh, warrant of Vijay Singh and notice to the accused Vijay Singh was sent to the petitioner for service on March 22, 1984, for service on Vijay Singh and the next date fixed in the case was April 2, 1984. This notice was sent through Mahipal Singh, but the accused did not return that notice and warrant either served or unserved. Again, on April 4, 1984, warrant and notice on Vijay Singh were sent to the accused for service and the accused, on April 15, 1984 made an entry regard...
Brij Mohan and anr. Vs. the State of Rajasthan
Court: Rajasthan
Decided on: Jan-29-1991
Reported in: 1992(2)WLC360; 1991WLN(UC)33
B.R. Arora, J.1. This miscellaneous petition is directed against the order dated March 27,1990, passed by the Sessions Judge, Udaipur, by which the learned Sessions Judge rejected the revision petition filed by the petitioners.2. Smt. Suchintara W/o Shri Dharamveer Gehlot lodged a First Informatin Report at the Police Station, Surajpole, Udaipur on April 29, 1984. It was alleged in that report that she and her servant Shyam were sitting in her house when some boys, including the younger son of the landlord and one Vijay Shreemali came there and gave beatings to his son Pankaj and threw something in his eyes and forcibly took him on the motor-cycle. On the basis of this information, a case under Sections 363 and 365 IPC was registered. The police, after necessary investigation, presented the challan against Brij Mohan and Naresh Chandra alias Naresh Kumar under Sections 363, 365, 325, 323/34 I.P.C. before the learned Additional Chief Judicial Magistrate, Udaipur, who, by his order dated...
Krishan Kumar and anr. Vs. the State of Rajasthan
Court: Rajasthan
Decided on: Jan-29-1991
Reported in: 1991(1)WLN528
B.R. Arora, J.1. This miscellaneous petition is directed against the order dated August 18, 1988, passed by the Special Judge, Essential Commodities Act, Sri Ganganagar, by which the learned Special Judge framed charges against the petitioners Under Section 3/7 of the Essential Commodities Act and Under-Sections 406 and 120B of the Indian Penal Code.2. Mr. Ramcharan, Assistant District Supply Officer, lodged a First Information Report on April 2, 1984, Under Section 3/7 of the Essential Commodities Act and Sections 406 and 411 of the Indian Penal Code against Mohan Lal and Krishna Kumar with the allegations that on April 1, 1984, on an information given by some 'MUKHBIR' he with the help of the police party, went to the house of Mohan Lal, situated at 15-P Block, Sri Ganganagar, and found a tractor with a Iroily, bearing No. RSC 8280, standing in front of his house and the trolly of it was loaded with levy cement. On enquiry, he was informed by the petitioner Mohanlal that he got the c...
Doongar Singh Vs. the State of Rajasthan
Court: Rajasthan
Decided on: Jan-29-1991
Reported in: 1991WLN(UC)39
B.R. Arora, J.1. This miscellaneous petition under Section 482 Cr.P.C. is directed against the order dated November 2, 1987, passed by the Additional Chief Judicial Magistrate, Rajsamand, taking cognizance against the petitioner under Section 409, I.P.C.2. Fateh Singh filed a complaint on August 28, 1981 against Doongar Singh and Gopi Lal under Sections 409 and 420 I.P.C. in the Court of the Judicial Magistrate, Kumbhalgarh, alleging therein that Dongar Singh lodged a First Information Report at the Police Station, Charbhuja with respect to bus No. RJY 2428 that the said bus had been taken away by Fateh Singh. The police seized the bus and produced the bus in the Court. Doongar Singh and Fateh Singh, both, applied for the custody of the bus, but the learned Magistrate gave the custody of the bus to Doonga' Singh. Both the accused Doongar Singh and Gopilal submitted the surety bonds and took the custody of the bus on certain conditions. The police, after necessary investigation, present...
Bhanwar Lal Vs. the State of Rajasthan
Court: Rajasthan
Decided on: Jan-29-1991
Reported in: 1991WLN(UC)41
B.R. Arora, J.1. This revision petition is directed against the judgment dated September 15, 1990 passed by the Munsif and Judicial Magistrate, First Class, Bilara, by which the learned Judicial Magistrate acquitted the accused Babu Lal for offences under Sections 448 and 427 I.P.C.2. Bhanwar Lal complainant, on August 2, 1987, lodged a First Information Report at the Police Station, Bilara against accused Babu Lal, mentioning therein that he owns a house in Mohalla Chandawaton-Ka in Bilara. Behind his house, there is a land, which is in his possession and which is enclosed by stoneslabs and a door has, also, been installed there. Accused Babu Lal came there, broke the stone-slabs and unlawful took possession of the same. On the basis of this report, a case under Sections 448 and 427 I.P.C. was registered against the accused. The police, after necessary investigation, presented a challan against the accused under Sections 448 and 427 I.P.C. After presentation of the challan, accused Ba...
Raja Alias Jatinder Singh and anr. Vs. Sunita Kumari
Court: Rajasthan
Decided on: Jan-29-1991
Reported in: 1991WLN(UC)43
B.R. Arora, J.1. This revision petition is directed against the order dated May 14, 1987, passed by the Additional Chief Judicial Magistrate, Raisinghnagar, by which the learned Magistrate took cognizance against the petitioner under Sections 494 and 494/109 I.P.C.2. Sunita Kumari, on December 6, 1985, filed a complaint in the Court of the Additional Chief Judicial Magistrate, Raisinghnagar, against Hakam Singh, Surjeet Kaur, Kamaljeet Kaur, Gurmej Singh, Manjeet Kaur, Jasveer Singh, Simrath Kaur, Raju and Jasveer Kaur for offence under Section 494/109 I.P.C. It was alleged in the complaint that she was married to Hakam Singh on October 10, 1980, as per their rites at Raisinghnagar. After three months of the marriage, accused Hakam Singh went to America and the accused No. 2. left for America earlier to the accused No. 1. The accused off and on used to demand money from her parents as the dowry. Even the amount of Rs. 15,000/- for purchase of tickets to America were demanded and taken ...
Khadi Mandir Vs. Cto
Court: Rajasthan
Decided on: Jan-29-1991
Reported in: 1991(2)WLN153
K.C. Agrawal, C.J.1. This revision (along with other 10 revisions) under Section 15(1) of the Rajasthan Sales Tax Act, 1954 is directed against the order dated December 1, 1988, passed by the Rajasthan Sales Tax Tribunal, Ajmer in Revision Petition No. 584 of 1984 (71/85) ST/ Bikaner: M/s. Khadi Mandir v. CTO, Special Circle, Bikaner.2. The petitioner M/s. Khadi Mandir New Public Park, Bikaner is a society registered under the Societies Registration Act, 1957 and is recognised by All India Khadi & Village Commission. It is a registered dealer under Rajasthan Sales Tax Act, 1954 (hereinafter referred to as 'the State Act') as well as Central Sales Tax Act, 1956 (hereinafter referred to as 'the Central Act').3. For the assessment year 1977-78 (from 1-4-77 to 31-3-78) the Commercial Taxes Officer, Special Circle, Bikaner, assessed the petitioner under the provisions of the Central Act. The Commercial Taxes Officer held that sales of jerseys and sweaters made of Khadi were not generally ex...
Ranjit Singh Vs. General Manager, Lake Palace Hotel and ors.
Court: Rajasthan
Decided on: Jan-25-1991
Reported in: (1993)IIILLJ834Raj; 1991(1)WLN24; 1991(2)WLN274
A.K. Mathur, J.1. The petitioner, by this writ petition has prayed that the order dated 30.3.1988 passed by the Prescribed Authority be set aside and the said Authority may be directed to proceed and decide the complaint of the petitioners on merits.2. The petitioner entered the service of the respondent No. 2 a Commercial establishment within the meaning of the Rajasthan Shops and Commercial Establishments Act, 1958 (hereinafter referred to as 'the Act') on a monthly salary of Rs. 926.85 on 30.8.1971. While discharging the duties of Stcward-Cum-Dining Supervisor in the service of respondent No. 2, Lake Palace Hotel and Motel Pvt. Ltd., the petitioner was dismissed from service vide order dated 13.8.1983 by the respondent No. 2. Prior to dismissing the petitioner from service, a notice dated 7.8.83 was issued to the petitioner levelling certain charges and he was called upon to reply within two days. Thereafter the petitioner was dismissed from service on 13.8.1983. The petitioner appr...
Sitaram Vs. National Insurance Co. Ltd. and ors.
Court: Rajasthan
Decided on: Jan-25-1991
Reported in: I(1991)ACC621; 1992ACJ194
K.C. Agrawal, C.J.1. This is an appeal under Section 110D of the Motor Vehicles Act by Sitaram against the award dated 9.6.1988 passed by the Motor Accidents Claims Tribunal, Jaipur, in Motor Accident Claim No. 315 of 1984.2. On 6.3.1984 when the appellant was going from his village in his camel-cart, truck No. RRR 8555, driven by Mohan Singh, dashed against the cart of the appellant from the backside, as a result whereof the appellant received serious injuries causing fracture of the heel of his right foot and left foot was crushed. The said foot thereafter was removed. The fracture of right foot heel had also not been healed till the application under Section 110A of the aforesaid Act was filed. The appellant filed a claim for Rs. 7,78,000 the details of which are given below:Claims for loss of income out of earning from camel-cart Rs. 7,56,000/-Expenses for treatment Rs. 5,000/-Expenses for extranourishment Rs. 5,000/-Claim for mental agonyand bodily pain Rs. 10,000/-Damages to the ...
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