Rajasthan Court January 1992 Judgments
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Mst. Hurmat Vs. Karim Khan
Court: Rajasthan
Decided on: Jan-13-1992
Reported in: 1992(1)WLN148
B.R. Arora, J.1. This appeal is directed against the decree and judgment dated March 30, 1978, passed by the Additional District Judge No. 2. Jodhpur, by which the learned Additional District Judge No. 2, Jodhpur, allowed the appeal filed by Karim Khan and dismissed the plaintiff-appellant's suit.2. Plaintiff Mst. Hurmat, on January 13,1962, filed a suit in the Court of the Munsif City, Jodhpur, against Karim Khan for eviction and arrears of rent with respect to a ' Medi' in the house situated in Sindhiyon Ka Bas, inside Siwanchi Gate, Jodhpur. The case, as set-up by the plaintiff in the plaint, is that the plaintiff purchased the house situated in Sindhyon Ka Bas, inside Siwanchi Gate, Jodhpur, by a registered sale-deed from Poonam Chand. Poonam Chand and Chandan Raj purchased this house on October 7,1959, by a registered sale-deed executed by Karim Khan, Amardeen and Usman Khan (Sons of Allaha Rakha) and Mst. Dhapu (widow of Allaha Rakha). Chandan Raj thereafter, by a registered sale...
Pratap Ram and ors. Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Jan-13-1992
Reported in: 1992(1)WLN326
N.L. Tibrewal, J.1. This petition under section 482 Cr. P.C. is directed against the order dated February 26, 1991 of Munsiff and Judicial Magistrate, Sirohi. The question involved in the matter is very simple as to whether the Magistrate can direct to the investigating agency to get the statement of the witnesses recorded under section 164 Cr.P.C.2. In brief, the facts of the case are that a complaint was filed by the non-petitioner Dayalal in the court of Judicial Magistrate, Sirohi against the accused petitioners under sections 147 and 323 IPC which was forwarded to the police under section 156(3) Cr.P.C.As per the complaint, the prosecution case is that there is a common garage belonging to the complainant and the accused persons situated at Sirohi near police station. On 16-10-1990, the accused persons threw away the parts of the scooter belonging to the complainant and the accused-Pratap caught the neck of the complainant and pressed it and also inflicted a blow on his head with ...
Jagan Singh Vs. State of Rajasthan and anr.
Court: Rajasthan
Decided on: Jan-10-1992
Reported in: 1994(1)WLN311
M.B. Sharma, J.1. This writ petition was filed as far back as in the year 1985 and related to the recruitment to the post of Teacher Gr.III, which posts were to be filled in by the Rajasthan Panchayat & Swayat Shasan Adhinastha Sewa Ayog, Jaipur (for short the Commission). The Commission issued an advertisement No. 59(1983) for the recruitment of Teachers Gr.III and the petitioner being eligible filed his application to the Commission but the candidature of the petitioner was rejected on the ground that he was over-age.2. The date of birth of the petitioner is 28th February 1950 and as per the case of the petitioner for recruitment to the post of Teachers Gr.III, the maximum age should be 30 years and, therefore, the petitioner had crossed the age of 30 years. But the petitioner claimed relaxation of age of 10 years because he was orthapadically handicapped.3. Under Rule 8 of the Rajasthan Employment of the Physically Handicapped Rules, 1976 (for short the rules) the maximum age limits...
Harish Chand Sharma Vs. Director General of Police
Court: Rajasthan
Decided on: Jan-08-1992
Reported in: 1992WLN(UC)14
V.K. Singhal, J.1. The submission of the learned Counsel for the petitioner is that in accordance with Rule 4.9 of the Police Rules, the name should exist in the surveillance register for opening the history sheet of any person. It is claimed that the name of the petitioner does not exist in the said register and the history sheet has been opened because of the personal animosity with the S.H.O., Motidungri police station and other persons. It was imperative on the part of the respondent to have entered the name in the survelliance register.2. The learned Counsel for the respondent has submitted in their reply that the petitioner is habitual offender.3. I have considered over the matter. Order of the S.H.O., police station Moti Dungri for opening the history sheet of the petitioner is quashed. The respondent would be free in case it is found that the petitioner is liable for opening of the history sheet in their record by entering the name, first in the survelliance register. It is exp...
Life Insurance Corporation of India and ors. Vs. Jasvinder Kaur and an ...
Court: Rajasthan
Decided on: Jan-08-1992
Reported in: 1992(2)WLC56; 1992(2)WLN461
N.K. Jain, J.1. This first appeal is directed against the judgment and decree of the learned Addl. Dist. Judge, Sriganganagar whereby he has allowed the claim of the palintiff- respondent.2. In brief the facts of this case are that the apellant Life Insurance Corporation of India is a corporate body registered uner the L.I.C. Act, 1956. Deceased Baltej Singh got himself insured with the defendant No. 1 and 2 for a sum of Rs. 50,0007-. A policy No. 50763304 (Ex. A/3) was issued. His age was admitted in the policy. Deceased paid the instalments of the premium as per the policy till 17.2.82. It was stated that during the continuance of the policy Baltej Singh died on 27.10.82 but the insurance company has failed to give insurance money to the plaintiffs; the L.Rs. of the deceased and thus, they filed a suit. It was prayed that they are entitled for insurance money, bonus as per the terms of the policy alongwith interest. The defendant admitted the fact that Baltej Singh was insured but su...
Ram Chandra Singh Vs. Matadeen and State of Rajasthan
Court: Rajasthan
Decided on: Jan-08-1992
Reported in: 1992(1)WLN2
M.R. Calla, J.1. This is an application under Section 438(3) of the Code of Criminal Procedure for cancellation of bail order passed on 9th August 1991 in SB. Cr. Misc. Bail Application No. 2535/1991.2. Accused-non-applicant Matadeen son of Jassu Singh applied for his bail under Section 439, Cr. PC. in Sessions Case No. 18/1991, pending in the court of Addl. Sessions Judge, Neem-ka-thana for offences under Sections 302, 147,148, 342, 323 and 364, IPC. When this bail application No. 2535/1991 came up before the Court, an order was passed on 9th August, 1991, which shows that the Court was given an impression that the case of Matadeen was not different than that of the other two co-accused persons, namely Chhagan Singh & Shivpal Singh who had been granted bail on 8th August, 1991.3. Shri K.N. Shrimal has invited my attention to the order dated 8th August, 1991, by which Shivpal Singh and Chhagan Singh were granted bail. It has been clearly mentioned in this order dated 8th August, 1991 t...
Jagdish and anr. Vs. the State of Rajasthan
Court: Rajasthan
Decided on: Jan-08-1992
Reported in: 1992(2)WLC104; 1992(2)WLN473
V.S. Dave, J.1. This revision petition is. directed against the judgment of learned Additional Sessions Judge No. 2, Bharatpur dated 4.9.1990, who maintained the conviction under Section 323 IPC and extended the benefit of Section 4 of the Probation of Offenders Act, 1958 (hereinafter referred to as, 'the Act, 1958') to the petitioners.2. Briefly stating the facts of the case are that a report was lodged at Police Station, Bhusavar on 10.1.74 alleging that accused petitioners alongwith others gave beating to Shiv Dutt. A case under Section 307 IPC was registered and investigation commenced. During the course of investigation complaint also filed a complaint on 7.5.75 on which a report was sought for from the police station as as FIR had already been lodged and matter was investigated. The police, on 13.8.75, submitted a charge-sheet, which came up for consideration before the learned Magistrate on 5.5.76. He took cognizance of the offence under Section 147/323 IPC against as many as si...
Padma Devi Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Jan-08-1992
Reported in: 1993(3)WLC606; 1992(1)WLN9
A.K. Mathur, J.1. Heard the learned Counsel.This appeal is directed against the judgment of learned single Judge dated 1st May, 1991 whereby the learned single Judge has declined to interfere with the order passed by the Collector, Pali under Section 285 dated January 21,1991 (Annexure.-9).2. Brief facts which are necessary for the disposal of the case are that there is a plot bearing No. 77 in Tilak Nagar, Pali measuring 30' x 40'. The petitioner was residing in this plot since 1970. On account of the Government directions contained in the order dated 5.9.1977 for regularisation of illegal possessions, the petitioner-appellant proceeded to make an application. The application or the appellant was submitted in the prescribed form somewhere in the year 1978. The application of petitioner-appellant was accepted and the Municipal Board directed the petitioner-appellant to deposit a sum of Rs.93.31 by letter dated 5.2.1980. The amount was duly deposited by the petitioner-appellant and the ...
Shri Bhagwan and ors. Vs. Prakash Chand and anr.
Court: Rajasthan
Decided on: Jan-08-1992
Reported in: 1992(1)WLN40
B.R. Arora, J.1. This appeal is directed against the decree dated April 15, 1978 (judgment dated April 10, 1978) passed by the District Judge, Churu, by which the learned District Judge decreed the Civil Suit No. 23 of 1977 (Prakash Chand and Anr. v. Sri Ram Kishan and Ors.).2. Plaintiff Prakash Chand filed civil suit in the Court of Additional District Judge, Churu, for declaration that the sale- deed dated August 27, 1971, executed by Radha Kishan in favour of Ram Krishna be declared as ineffective and void against the plaintiff and the same may, also, be cancelled and the defendants Nos. 1 to 3 may be directed to return the original sale-deed dated April 15,1920, and November 24,1978. It was further prayed that a temporary injunction may be issued against the defendants Nos. 2 and 3 restraining them not to alienate the property in question to any other person and they may further be restrained from making any addition, alteration or construction over the property. It was, also, pray...
Shri Dinesh Mehta Vs. the Institute of Chartered Accountants and ors.
Court: Rajasthan
Decided on: Jan-08-1992
Reported in: 1992(1)WLN469
B.R. Arora, J.1. The petitioner, by this writ petition, has prayed that the respondents No. 1 and 2 may be directed to suitably amend the regulation No. 38 by incorporating or inserting the provision like regulation No. 37(I)(C) of the Chartered Accountants Regulations, 1988 (hereinafter referred as 'the Regulations'] and declare the petitioner as successful in the Final Examination of Chartered Accountancy, held in the months of May, 1991.2. The petitioner, after passing his B.Com. Examination, got himself registered as an Articled Clerk for persuing his studies in the Chartered Accountancy Course. He appeared in the Intermediate Examination and passed the same. After clearing the Intermediate Examination, he appeared in the Final Examination of Chartered Accountancy Course. He got 192 marks out of 400 in Group-I and 210 marks out of 400 in Group-ll. He was declared successful in Group-II examination, but declared 'failed' in Group-I as he did not obtain the requisite 50% marks. Dissa...
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