Rajasthan Court July 1992 Judgments
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Shiv Raj Singh Vs. the State of Rajasthan
Court: Rajasthan
Decided on: Jul-13-1992
Reported in: 1992CriLJ3925; 1992(3)WLC202; 1992(2)WLN79
ORDERB.R. Arora, J.1. This miscellaneous petition is directed against the order dated March 31, 1992, passed by the Additional Sessions Judge No. 2, Hanumangarh, by which the learned Additional Sessions Judge dismissed the revision petition, filed by the petitioner.2. Shivraj Singh lodged an F.I.R. at Police Station, Sadulsahar, against accused Harkishan Singh, Hans Prakash, Har Chand, Raghuveer Singh, Hardayal Singh and Shamsher Singh for the offences under Sections 147 and 336, I.P.C. and under Section 27 of the Indian Arms Act, which was registered at Serial Number 48 of 1988. The accused party, also, lodged an F.I.R. against the complainant under Section 307, I.P.C. which was earlier in time and was registered at Serial Number 47 of 1988. On he basis of that information, a case was registered against the petitioner (the complainant in this case). The police in the case, registered on the information of the petitioner, after necessary investigation, presented by the Final Report. Af...
Karan Singh Vs. the State of Rajasthan and ors.
Court: Rajasthan
Decided on: Jul-13-1992
Reported in: 1993CriLJ251; 1992(3)WLC227; 1992(2)WLN313
ORDERB.R. Arora, J.1. The petitioner-complainant, by this miscellaneous petition has prayed for cancellation of the bail granted to accused Bhanwar Singh by the learned Sessions Judge, Jodhpur, by its order dated March 4, 1992.2. Accused-respondent No. 2 Bhanwar Singh was arrested in pursuance to an F.I.R. No. 32 of 1992 registered at Police Station, Jhanwar. After his arrest, he moved an application for the grant of bail before the learned Sessions Judge, Jodhpur, who, by his order dated March 4, 1992, allowed the bail application filed by accused-respondent Bhanwar Singh and ordered that he may be released on bail on his furnishing personal and surety bonds in the sum of Rs. 5000/-. It is against this order that the present miscellaneous petition for cancellation of the bail has been filed.3. It is contended by the learned counsel for the petitioner that the facts in the right perspective were not placed before the learned Sessions Judge and the learned Sessions Judge was, therefore,...
Rajkishore Sharma Vs. Sharda Devi
Court: Rajasthan
Decided on: Jul-10-1992
Reported in: II(1992)DMC428
V.K. Singhal, J.1. Allegaing mental and physical cruelty by the wife Smt. Sharda Devi, a petition for divorce Under Section 13 of the Hindu Marriage Act, 1955 was filed in the Court of Judge, Family Court, Jaipur, by the petitioner. The said petition was dismissed on 26th July, 1986 and therefore, the present appeal has been filed under Section 19 of the Family Courts Act, 1984. The various submissions which were raised before the Judge, Family Court have been reiterated.2. In this case, the marriage between the parties was performed on 30th June, 1975. Out of this wedlock, a son was borne on 23rd December, 1979 and a daughter was borne on 15.12.1982. The petitioner appellant left his parental house on 23rd December, 1982 and the non-petitioner respondent is living with her father-in-law and mother-in-law. The reason for leaving the said house is said to be cruelty by the respondent and it has been alleged that she has never been fulfilled her obligations and never prepared meals and g...
Bahadur Singh Vs. the Chief Engineer and ors.
Court: Rajasthan
Decided on: Jul-10-1992
Reported in: 1993(1)WLC721; 1992(2)WLN609
K.C. Agrawal, C.J.1. The petitioner was appointed in Engineering Subordinate Service in the Irrigation Department in 1956. He retired on attaining the age of superannuation with effect from 31.3.1988 from the post of Assistant Engineer. As payment of salary, pension, gratuity and State Insurance had not been paid to the petitioner, he filed writ petition No. 1798/1988.2. The writ was contested by the Irrigation Department asserting that the, petitioner was absconding from service since April 5, 1988. Hence, he was not entitled to receive any salary for the period thereafter. The claim for payment of pension and gratuity was also disputed. A learned Single Judge of this Court allowed the writ petition by the judgment dated March 7, 1991 directing the respondents to fix the petitioner's pay in the revised pay scale Rules within two months. The respondents were also directed to pay the pension for the period from 1.4.1988 to 25.5.1990. The insurance and retirement dues were also directed ...
Sunil Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jul-09-1992
Reported in: 1992WLN(UC)140
N.L. Tibrewal, J.1. Heard teamed Counsel for the petitioner and the learned Public Prosecutor. Case diary perused. From the case dirty, it does not appear that the injury sustained by Ram Charan was subsequently found to be grievous or dangerous to life, the injury is on the thigh. It further appears that the injured Ram Charan has submitted an application before the Addl. Sessions Judge, Hindaun to the effect that he has compromised the matter with the accused-persons and he is not interested in prosecuting the case.2. Taking into consideration all the facts and circumstances of the case, I am inclined to grant bail to the petitioner under Section 438 Cr.P.C.3. It is, therefore, ordered that the petitioner Sunil S/o Shri Ram Dayal, if sought to be arrested by the SHO, PS-Hindaun in pursuance to FIR No. 300/92, he shall be released on bail by the SHO/IO concerned on his furnishing a personal bond in the sum of Rs. 5,000/- (Rs. Five thousands) with one surety in the like amount to the s...
Baga Ram Vs. State of Rajasthan and anr.
Court: Rajasthan
Decided on: Jul-08-1992
Reported in: AIR1993Raj60
ORDERJ.R. Chopra, J.1. The contention of the petitioner is that his father Bastiram's land situated in Chak No. 10 BPM in three squares bearing No. 203/404 to 205/404 and 203/ 4072 to 205/460 shown in the attached plan and filed as Annexure 1 with the writ petition is sought to be acquired. 2. The contention of the petitioner is that no notice as required by Section 4(1) of the Rajasthan Land Acquisition Act of 1953 (hereinafter referred as the 'Act' of 1953) was issued and published in the Rajasthan Gazette. No notice as required by Section 5(a) of the aforesaid Rajasthan Land Acquisition Act, 1953 was given to, the father of the petitioner and without complying with these two provisions a notice for compulsory acquisition of the land was issued under Section 6 of the Act of 1953 against a dead person because his father has already expired on 20th of December, 1979 and notification under Section 6 was issued on 14-2-1980. The petitionercame to know about these proceedings from the not...
Nathulal Vs. State
Court: Rajasthan
Decided on: Jul-08-1992
Reported in: 1992WLN(UC)118
N.L. Tibrewal, J.1. Heard learned Counsel for the parties.The petitioner had been arrested on June 4, 1992, for an offence under Section 135 of Customs Act, 1962. As per the prosecution case, one Kude Khan, resident of Jaisalmer, had handed over 314 Kg. silver to Mohd. Khan, Akbar Khan and Kamal Khan. The Custom Department, received secret information that these persons were sitting in Kalyan Hotel, Jaipur. On this information, the Custom Officers, went there and recorded the statements of these witnesses under Section 108 of the Customs Act. According to their statements recorded by the Custom Authorities, they had received silver to be handed over to the petitioner and that the same was delivered to him at Dudu. It was stated by them that for receiving amount they came to Jaipur and the petitioner paid Rs. 8 lac which were sent to Jaisalmer with Alam Khan.2. As per the prosecution case, the search of the house of the petitioner was made but no incriminating article was found. However...
Shri Kishan Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jul-08-1992
Reported in: 1992WLN(UC)142
G.S. Singhvi, J.1. In this petition filed under Section 482, Cr.P.C, prayer has been made for quashing of the order dated 21.2.1990 passed by the Sessions Judge, Ajmer in Criminal Revision No. 46/87 and the order dated 27.2.1987 passed by the Chief Judicial Magistrate, Ajmer by which he has rejected the objections of the petitioner regarding the maintainability of the complaint filed against him. It has also been prayed that the criminal proceedings pending against the petitioner may be quashed.2. The petitioner is engaged in the business of 'Halwai', who prepares sweetmeats and sells the same in the name of Agra Misthan Bhandar, Ajmer. His business premises were inspected by the Food Inspector on 8.4.1985 at 5.30 p.m. Sample of sweets 'Laddoo Motichur' was taken by the Food Inspector after due notice to the Petitioner. A Panchnama was prepared and the sample was sent to the Public Analyst, Ajmer in form No. VII. The sample was described as 'Laddoo Motichur' prepared in Vanaspati. The ...
Association of Retired Employees of Municipal Council Through Its Secr ...
Court: Rajasthan
Decided on: Jul-06-1992
Reported in: 1992WLN(UC)119
J.R. Chopra, J.1. This writ petition has been filed by the Association of Retired Employees of Municipal Council, Jodhpur on behalf of its Members, whose names, dates of appointment, dates of retirement and other particulars are mentioned in Schedule-I appended to the writ petition. The members of the petitioner Association were contributors to the erstwhile Jodhpur Provident Fund as also to the Contributory Provident Fund. They retired from service after receiving. The amount credited to their Provident Fund Accounts during their service period. Although, they were initially appointed to the Jodhpur Municipal Council but on merger of the erstwhile state of Jodhpur with the State of Rajasthan, the Government of Rajasthan took control of the Jodhpur Municipal Board but the employees were governed by the conditions mentioned in the Jodhpur Municipalities Act. 1943 (hereinafter referred to as 'the Act'). It is alleged that while serving Jodhpur Municipal Council, they were the servants of...
P.D. Yadav Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Jul-06-1992
Reported in: 1992(3)WLC229; 1992WLN(UC)386
V.K. Singhal, J.1. An application has been moved by the respondents under Article 226(3) of the Constitution of India in which prayer has been made that the stay order granted by this Court on 26th May, 1992 may be vacated. The arguments of both the learned Counsels for the parties have been heard.2. The submission of Mr. Mahendra Singh on behalf of the petitioner 13 that the application under Article 226(3) of the Constitution is not maintainable since a wrong fact has been mentioned that the service has not been effected on the respondent. It has been submitted that the stay application is also not maintainable as no reason has been given to vacate the stay order except that no notice was received by the respondent. It has further been submitted that the petitioner cannot be suspended as the matter relates to the work done during the period of 4th March, 1988 to 25th June, 1988. It is further submitted that the application under Article 226(3) cannot be filed during the vacation befo...
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