Rajasthan Court January 1991 Judgments
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Jamna Lal Vs. the State of Rajasthan
Court: Rajasthan
Decided on: Jan-23-1991
Reported in: 1991(1)WLN169
B.R. Arora, J.1. This revision petition is directed against the order dated December 13,1987, passed by the Additional Munsif and Judicial Magistrate, First Class No. 2, Bhilwara, by which the learned Judicial Magistrate ordered for the custody of the tractor No. RSE 7633 alongwith the trolly.2. Jamna Lal lodged a First Information Report at the Police Station, Hamirgarh, on November 27, 1987 Under Sections 147 and 323, I.P.C. against Roopa Ram, Behru, Amba Lal, Badri and Madho Lal. During investigation; the tractor No. RSE 7633, alongwhit trolly, was seized by the Investigating Officer. After the seizure of the tractor and the trolly, Roopa and Jamna Lal, both, moved separate applications for the custody of the tractor and trolly. The learned Magistrate, by his order dated December 18,1987, ordered that the custody of the tractor may be given to Roopa Ram. In coming to this conclusion, the learned trial Court took into consideration the agreement dated August 21,1987, arrived-at betwe...
Vishal Kumar Vs. Smt. Kailash Kumari
Court: Rajasthan
Decided on: Jan-23-1991
Reported in: 1991(1)WLN165
B.R. Arora, J.1. This miscellaneous petition is directed against the order dated May 23, 1990, passed by the Chief Judicial Magistrate, Sri Ganganagar, by which the learned Chief Judicial Magistrate granted maintenance to the non-petitioner Smt. Kailash Kumari @ Rs. 300/- per month.2. Smt. Kailash Kumari moved an application Under Section 125 of the Code of Criminal Procedure against her husband Vishal Kumar for grant of maintenance @ Rs. 400/- per month. It was alleged in the application that she was married to Vishal Kumar as per the Hindu customs and rites on November 8, 1982 and lived with her husband for some time. But later on, she was cruely treated by her in-laws and in the month of May, 1984, her in-laws tried to burn her by pouring kerosene oil on her, but the applicant saved her life by running and then she went to her parents' house. Thereafter several Panchayats were held, but her husband did not take her to his house. It was further mentioned that the applicant has no sou...
Kumari Nisha Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jan-23-1991
Reported in: 1991WLN(UC)8
A.K. Mathur, J.1. he petitioner by this writ petition has prayed that the respondents may be directed to give appointment to the petitioner commensurate with her qualifications under the Rajasthan Recruitment of Dependents of Government Servants Dying While in Service Rules, 1975 (referred to here in after as 'the Rules of 1975').2. The petitioner's father Shri Hans Raj Bhansali died on 5.12.1962 leaving behind his widow and a daughter i.e. petitioner as orphan. The petitioner mean while acquired the necessary academic qualification i.e. M.A. in Philosophy in First Division. Thereafter, she applied under the aforesaid Rules for appointment to the Treasury Officer, Jodhpur who in turn forwarded the application of the petitioner to the Collector, Jodhpur and the Collector, Jodhpur by his order dated 10.10.1990 (Annex. 2) has rejected the application of the petitioner for appointment under the Rules of 1975 on the ground that the aforesaid Rules came into force on 2.9.1972 whereas the pet...
MohiuddIn and ors. Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Jan-22-1991
Reported in: 1991(1)WLC83; 1991(1)WLN79
V.S. Dave, J.1. Both these writ petitions by which the challenge has been made to the newly elected Management Committee, have been hotly contested, more on the ground of impropriety in filing second writ petitions after the stay was vacated in the earlier one after a chequred pendency of the same in this court. Since both these writ petitions arise out of a dispute about the elections to the Managing Committee of Islamia senior Higher Secondary School Society (Institution), Sikar, they were taken up together. A preliminary objection was raised for maintainablity of the writ petitions and the same is decided by this order.2. In writ petition No. 3404/90 the petitioners have prayed that elections of respondent Nos. 3,4,5, and 6 to the post of President, vice President, Manager and Treasurer held on 5.8.1990 be declared illegal and invalid and that a mandamus be issued directing the Registrar, Co-operative Societies to decide the petitioner's dispute in accordance with the provisions of ...
Shiv Ram and anr. Vs. the State of Rajasthan
Court: Rajasthan
Decided on: Jan-22-1991
Reported in: 1991(1)WLN143
B.R. Arora, J.1. This miscellaneous petition is directed against the order dated January 16, 1989, passed by the Additional Chief Judicial Magistrate No.3, Jodhpur, by which the learned Additional Chief Judicial Magistrate rejected the application filed by the petitioners and refused to call the demolition register.2. The accused-petitioners are facing trial Under Section 3/25 of the Indian Arms Act in the Court of the Additional Chief Judicial Magistrate No. 3, Jodhpur. According to the prosecution case, 1750 cartridges were recovered from the petitioner Chatura Ram and 750 cartridges were recovered from the petitioner Shiv Ram and as the accused-petitioners were not having any licence for keeping these cartridges with them, therefore, a case Under Section 3/25 of the Indian Arms Act was registered against them and the police, after necessary investigation, presented the challan against them in the Court of the Additional Chief Judicial Magistrate No. 3, Jodhpur and the petitioner wer...
Khiya and ors. Vs. the State of Rajasthan
Court: Rajasthan
Decided on: Jan-22-1991
Reported in: 1991(1)WLN171
B.R. Arora, J.1. This appeal is directed against the judgment dated February 8,1980, passed by the Sessions Judge, Balotra, by which the learned Sessions Judge convicted the appellants Under Section 436/34 I.P.C. and sentenced each of them to undergo two years' rigorous imprisoment and a fine of Rs. 500/- and in default of payment of fine to further undergo three months' rigorous imprisonment.2. The appellants were tried by the learned Sessions Judge, Balotra, for offences Under Section 436 I.P.C. The case of the prosecution, as unfolded in the First Information Report, is that on April 25,1979, the accused-appellants burnt the Dhani of Umaida situated in village Lukna. The incident was witnessed by Peera, who lodged the First Information Report, and Smt. Kasumbi W/o Umaida, who was in her Dhani at that time when the Dhani was set at fire. The prosecution, in support of its case, examined six witnesses, out of whom, PW 2 Peera, PW 3 Kasumbi and PW 5 Khima were the alleged eye witnesses...
Faiyaz Vs. the State of Rajasthan
Court: Rajasthan
Decided on: Jan-22-1991
Reported in: 1991(1)WLN173
B.R. Arora, J.1. This appeal is directed against the judgment dated January 13,1980, passed by the Sessions Judge, Pratabgarh, convicting the appellant Under Sections 353 and 186, I.P.C.3643321863531863531863. The learned counsel for the appellant does not challenge the conviction of the appellant Under Sections 353 and 186 I.P.C. and submits that the learned lower Court has committed an error in not giving the benefit of probation to the accused-appellant. The learned Public Prosecutor, on the other hand, has supported the judgment passed by the learned lower Court.4. I have considered the rival submissions made by the learned counsel for the parties.5. As the matter relates to the year 1978 and more than twelve years have elapsed; the accused is neither a previous convict nor is any case pending against him and he is repenting over his act, hence, in these circumstances, I think it proper that the ends of justice would meet if the appellant is given the benefit of probation.6. In the...
Employees State Insurance Corporation Vs. Smt. Sushila Mathur and ors.
Court: Rajasthan
Decided on: Jan-22-1991
Reported in: 1991WLN(UC)413
S.N. Bhargava, J.1. This is an appeal Under Section 82 of the Employees' State Insurance Act, 1948 (hereinafter referred to as the 'Act'), by Employees' State Insurance Corporation, against the order dated 3.11.1981 passed by the Judge, Employees' State Insurance Court, Jaipur, awarding interest to the claimant Under Section 34 CPC.2. Shri S.P. Mathur, an employee of Man Prakash Talkies died in a railway accident on 23.11.1977. His wife Sushila Mathur, on her behalf as well as on behalf of her minor son Ajay and daughter Seema, filed an application Under Section 75 of the Act, for obtaining dependant's benefit on account of death of her husband S.P. Mathur and damages to the tune of Rs. 50,000/- on account of with holding payment of dependent's benefit and not paying the same but raising unnecessary quarries like as to whether she had received any benefit from the railway. The application was contested by the appellant justifying that they were entitled to find out as to whether the cl...
Rajasthan State Road Transport Corporation Vs. Jugal Kishore and ors.
Court: Rajasthan
Decided on: Jan-22-1991
Reported in: II(1991)ACC66
K.C. Agrawal, C.J.1. Rajasthan State Road Transport Corporation, Jaipur has preferred this appeal against the judgment and award of the Motor Vehicles Claims Tribunal dated 13.3.1989. The award passed was thus:The appellant will get Rs. 1,91,000 by way of compensation in suit No. 51 of 1982 from the respondents. They will also be entitled for interest on the awarded sum @10 per cent. Per annum from the date of application (14.4.1982). the awarded sum will be paid within 2 months and in case of default, the interest will be @ 12 per cent, per annum. The liability of the Insurance Company will be limited to the extent of Rs. 5,000 and interest thereon and for the remaining amount of Rs. 1,86,000 and its interest, the liability will be of the respondent Nos. 1, 2 and 3 jointly and severally. (translated in English).2. As against the aforesaid award, the Roadways have claimed that since it was hirer and not the owner of the vehicle, it could not be fastened with the liability for payment o...
Nimit R. Chowdhary and ors. Vs. University of Jodhpur
Court: Rajasthan
Decided on: Jan-21-1991
Reported in: 1991(1)WLN1
A.K. Mathur, J.1. The petitioners, by this writ petition, have prayed that the respondent University may be directed to accept the tees for pursuing the studies of M.B.A. Course and allow the petitioners to avail the admission granted to them by making necessary arrangements for imparting instructions to them for grant of a Post-graduate degree of M.B.A. It is further prayed that orders be issued to the respondent University to produce the orders where by the selections have been cancelled and declare such orders to be invalid and may be quashed.2. The applications were invited for admission to the prestigious course known as Master of Business Administration (for short M.B.A.) in July, 1990. The petitioners applied for the same. A written test was held on 24.9.1990. Thereafter, the candidates were called for Group Discussion and interviews were held on 25th and 26th September, 1990. Thereafter, on 26.9.1990 the petitioners were selected and they were provisionally admitted to the said...