Rajasthan Court March 1991 Judgments
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Badrudeen and Six ors. Vs. State and anr.
Court: Rajasthan
Decided on: Mar-25-1991
Reported in: 1991(2)WLC390; 1991WLN(UC)164
K.C. Agarwal, C.J.1. This bunch of petitions raises a common question of law as to whether the notice issued by the District Excise officer was valid.2. Through the aforesaid notice for recovery, the amount mentioned therein was recoverable by the District Excise Officer on the ground that the security furnished by the petitioner had gone reduced because of the non-payment of the price of the country liquor for the period of December, 1981.3. For deciding the point raised before me, I would consider the facts of SB GWP No. 422/1982. This firm was granted a licence for exclusive privilege of selling country liquor by retail sale within the area specified under Section 24 of the Rajasthan Excise Act obtained by it by auction system on payment of Rs. 6,00,791/- for the period from 12.9.1981 to 31.3.1982. The petitioner had paid Rs. 1,08,700/- as security and Rs. 1,000/- as licence fee and the remaining amount was to be paid in seven equal monthly, instalments. The petitioner had been give...
Dayanand Vs. State
Court: Rajasthan
Decided on: Mar-22-1991
Reported in: 1991WLN(UC)548
Farooq Hasan, J.1. This criminal misc, petition arises out of an order whereby the lower court did not consider petitioner's application dated 14.3.1991 for exempting him from personal, attendance & allowing him to appear through his counsel and observed that it is not of an urgent nature and therefore, order to place the application for its consideration on the next date fixed in the case, which is said to be 3-4-1991.2. Admittedly, the petitioner had been exempted from personal attendance and allowed to appear through his counsel, and undisputedly criminal case relates back to the incident alleged to have been committed in the year 1978, and more than 7/8 persons are involved in the case inasmuch as the charges are yet to be framed. The petitioner is said to be going to Iraq and have purchased air tickets by spending huge amount. Photo state copies of air tickets have been shown to this Court. Mr. Naruka also relied upon the decision of this Court in Mahesh & Laxmi Narain v. State 19...
Mahesh Kumar Goyal Vs. University of Ajmer
Court: Rajasthan
Decided on: Mar-20-1991
Reported in: 1991(1)WLN211
D.L. Mehta, J.1. Petitioner, in para 5 of the writ petition has submitted that he has performed the duties from Oct, '87 to March,'88 as specified the details of which have been given in para 5 for 143 days on contract basis. In para 6 of the writ petition it has been mentioned that he was getting 6 N.Ps per enrollment form and 30 N.Ps. per mark-sheet for the preparation of the mark-sheet. He has submitted that the petitioner has been paid at the rate of Rs. 350/- per month in all and Rs. 1800/- are outstanding under the university. In para 10 of the writ petition he has further submitted that from March, '88 to October, '38 he has worked for 211 days. Thus, the petitioner submits that in fact he was working for 354 days. The subsequent period of 211 days is on the basis of salary of Rs. 750/- per month. He has produced Annexure-1 and Annexure-2 to show that he was drawing the salary at the rate of Rs. 750/- per month. Annexure-3 is the certificate issued by the Dy. Registrar of the Un...
Sanwata Vs. State of Rajasthan
Court: Rajasthan
Decided on: Mar-19-1991
Reported in: 1991(1)WLN333
Y.R. Meena, J.1. This revision petition is directed against the judgment of learned Additional Sessions Judge, Ncem-ka-thana, whereby the conviction of accused-petitioner is upheld Under Section 325 of IPC, but reduced the sentence to six months R.I. and fine of Rs. 400/- in default of payment of fine under go two months R.I. The conviction Under Section 447 IPC was also confirmed and sentence for two months was sustained.2. The learned Counsel for the accused-petitioner has not pressed the revision petition on merits. He submitted that out of four accused, three of them were allowed the benefit of probation. The offence was committed on 8.7.1979. Thus, accused has faced criminal proceedings for about eleven years. The total sentence accused has to undergo six months. Out of six months two months accused remained in jail. This is the first offence of the accused, therefore, no purpose will be served in sending him in jail after lapse of eleven years specially, in view of the provisions...
Kali Das Vs. Union of India
Court: Rajasthan
Decided on: Mar-19-1991
Reported in: 1991(1)WLN577
N.K. Jain, J.1. By this habeas corpus petition the petitioner has sought quashing of the illegal proceedings of General Security Force Court resulting in his detention and quashing of the sentence and findings of the order dated 30.1.90, order of confirmation dated 6.3.90 and the promulgation of sentence Ex. 20 dated 9.3.90 and order dated 23.8.90 Ex. 26 by which his petition, dated 7.6.90 against detention was rejected. The petitioner has also prayed for a direction to the respondents to reinstate him in service with all consequential benefits.2. The brief fact given rise to this petition are that the petitioner had joined BSF as peon on 4.1.67 at Calcutta B.S.F. Barrackpore (West Bengal). He was posted to No. 72 BN, at water carrier. The said Battalion was moved to Malda, Tripura/Shlliong and then to Jaisalmer. He was designated as sweeper. He was tried by General Security Force Court from 10th Jan., 90 to 30th Jan., 90. It is stated that while he was working in the accounts branch o...
United India Insurance Co. Ltd. Vs. Shivraj and ors.
Court: Rajasthan
Decided on: Mar-15-1991
Reported in: 1992ACJ1039
K.C. Agrawal, C.J. 1. This appeal, under Section 110-D of the Motor Vehicles Act, has been preferred by United India Insurance Co. Ltd. against the award dated June 3, 1988 passed by the Motor Accidents Claims Tribunal, Tonk, in M.A.C.T. Petition No. 17 of 1982, awarding Rs. 40,000/- to the respondent Nos. 1 and 2, who were the parents of the deceased, Sita Ram, on the finding that the accident took place because of the negligent and reckless driving of the bus No. RBL 1001 by its driver Laddoo, respondent No. 3. The aforesaid bus had been given to the State of Rajasthan in connection with the panchayat elections.2. The claim petition was contested by the appellant, United India Insurance Co. Ltd., on the ground that since the bus had been given to the State of Rajasthan for panchayat elections, the appellant was not liable to pay compensation towards damages suffered on account of the death of Sita Ram.3. On the pleadings of the parties several issues were framed. The Tribunal held by...
Sayed Abdul Rauf Vs. Nurul HussaIn and ors.
Court: Rajasthan
Decided on: Mar-14-1991
Reported in: AIR1992Raj3; 1991WLN(UC)159
ORDERK.C. Agrawal, C.J. 1. This is a judgment-debtor's revision filed under Section 115 of the Code of Civil Procedure challenging the order passed by the Munsiff/ Magistrate rejecting his objection filed under Section 47 C.P.C.2. A preliminary decree was passed on 23-7-1953 by the Add. Munsif, Ajmer City followed by final decree dated 13-11-1961. Against the aforesaid judgments, an appeal was preferred to the District Judge in which the final decree was modified by the order and judgment dated 26-8-1968. Against the said order, a Second Appeal was filed by the petitioner Sayed Abdul Rauf, which was dismissed in default on 3-9-1981. Thereafter, on 12-9-86, the non-petitioners filed an execution application. To the execution application, an objection was preferred by the petitioner under Section 47 C.P.C. Amongst others, one of the pleas, which was pressed before me in this revision, was that the execution application was barred by time having been preferred after three years of the dis...
Gurditta Singh Vs. the State of Rajasthan
Court: Rajasthan
Decided on: Mar-14-1991
Reported in: 1992CriLJ309; 1991(1)WLN44; 1991(2)WLN242
Kanta Bhatnagar, J.1. This appeal is directed against the judgment dated Sept. 15, 1989 passed by the Additional Sessions Judge, Sri Ganganagar by which appellant Gurdutta Singh was convicted Under Section 304B, I.P.C. and sentenced to imprisonment for life.2. Succinctly narrated the prosecution case is that Veerpal Kaur, daughter of Balwant Singh resident of Village Sunderpura, was married to appellant Gurditta Singh of Village Radewala six years prior to the date of the occurrence i.e. death of Veerpal Kaur on June 16, 1987. At the time of marriage cash, ornaments and other articles were given by Veerpal Kaur's grand mother Nihal Kaur. After one year of the marriage, the appellant and his mother Chand Kaur (Co-accused who had died during the pendency of the trial) told Veerpal Kaur's parents and brother that the gold given at the time of marriage was not sufficient. At this, ten tolas of gold was given. When the first son was born to Veerpal Kaur, there was a demand of fifteen thousa...
Miss Ekta Vs. the State of Rajasthan and ors.
Court: Rajasthan
Decided on: Mar-14-1991
Reported in: 1991(1)WLN214
1. Appellant Ekta filed writ petition Under Article 226 of the Constitution of India for a direction to the respondents to reserve 25 seats out of 120 seats for Certificate Course in Physical Education and 12 out of 60 seats in the Diploma Course and consider the case of the petitioner for admission in the Course and also a direction that the condition of passing examination of Mathematics in Secondary/Hr. Secondary for the purpose of grant of admission in Certificate Course in Physical Education be declared as invalid. The learned single Judge vide impugned Order dated December 13, 1990 dismissed the writ petition and the aggrieved petitioner has preferred this appeal.2. The case of the appellant averred in the writ petition was that she had done her graduation in Articles and secured 46.63% marks and had represented District Bhilwara in games in State Level Competition. That, she applied for admission to Diploma Course in Physical Education and Certificate Course in Physical Educatio...
Vimal Chand Vs. State and ors.
Court: Rajasthan
Decided on: Mar-14-1991
Reported in: 1991(1)WLN216
A.K. Mathur, J.1. The petitioner by this writ petition has prayed that the respondents may be directed to make payment of the dues of the petitioner with effect from 1-6-1973 with all consequential benefits.2. The petitioner was appointed as Assistant Teacher in Primary School, Bundi under the Service of the State of Rajasthan vide order dated 6-9-1951 by the Inspector of School, Bundi, which he joined on 21-7-1951. Thereafter the petitioner was posted as L.D.C. by the Dy. Director of Education, Udaipur Kota Ranga, Udaipur vide order dated 9-7-1954, which the petitioner joined in the office Inspector of Schools, Bundi. The petitioner was thereafter confirmed on the post of L.D.C. w.e.f. 9-1-1952. He was also selected for Educational Statistics Training Course. The petitioner was thereafter transferred to the cooperative Department and posted at Bundi by the order dated 16-5-1985. The petitioner was thereafter promoted to the post of U.D.C. w.e.f. 1-2-1959 in the Cooperative Department....
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