Rajasthan Court August 1992 Judgments
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Babu Lal Sharma Vs. Urmila Sharma
Court: Rajasthan
Decided on: Aug-19-1992
Reported in: I(1993)DMC164
K.C. Agrawal, C.J. 1. This appeal under Section 19 of the Family Court's Act, 1984 has been filed by the husband, Babu Lal Sharma for divorce against his wife on two grounds mentioned in Clauses (ib) and (iii) of Section 13(1) of the Hindu Marriage Act. These Clauses arc as follows :'(ib) has deserted the petitioner for a continuous period of not less than two years immediately proceeding the presentation of the petition; (iii) has been incurably of unsound mind, or has been suffering continuously or intermittently from mental disorder of such a kind and to such an extent that the petitioner can not reasonably be expected to live with the respondent.'2. These grounds were denied by the wife in her written statement. On the pleading of the parties the trial court framed two issues, first, whether the respondent (wife) had undeveloped mind and secondly, whether the respondent had deserted her husband (appellant) for the last more than two years.3. The trial Court held that the ground of ...
Gopal Krishan Jindal Vs. the Union of India (Uoi) and ors.
Court: Rajasthan
Decided on: Aug-19-1992
Reported in: 1992(2)WLC594; 1992(2)WLN544
K.C. Agrawal, C.J.1. This writ petition, under article 226 of the Constitution, has been filed by Gopal Krishan Jindal for declaring the Rules 3 and 4 of the Rules, 1985 framed under the Cantonments Act, 1924. These rules are reproduced below. They were framed under Section 44 of the said Act.Rule-3 Presence of members at the Meeting of the Board- No member shall absent himself from the meetings of the Board without the express leave of the Board.Rule-4 Leave of absence by the MembersA member shall seek prior leave of absence from the Board by applying, in writing, to the President who shall obtain the orders of the Board on the application:Provided that, in exceptional circumstances, the President may grant leave to a Member subject to confirmation by the Board at the next meeting.Explanation;For the purpose of this rule exceptional circumstances will include sudden illness, exigencies of service and personal compulsions, to be established by the Member to the satisfaction of the Pres...
Satya NaraIn Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Aug-19-1992
Reported in: 1992(2)WLC171; 1992(2)WLN576
V.K. Singhal, J.1. An objection was taken by Mr. Mehta that the petition has been filed after about 18 years of the award and is liable to be dismissed on the ground of laches.2. Mr. B.L. Sharma, appearing on behalf of the petitioner has submitted that the case has checkered history, inasmuch as the land in question of Nohra No. 5 situated in village Baggad was proposed to be acquired under the Jaipur Land Acquisition Act, 1943 as per Noification dated 15.5.1946 and on the representation of the petitioner and in view of the settlement arrived at between the petitioner and the representatives of Seth Vishwambhar Lal, the proceedings were dropped on 24.3.1947. Thereafter, fresh proceedings were initiated on 20.8.1949 and these proceedings were also infructuous & the matter was recommended to be dropped on 23rd June 1952. Thereafter the proceedings were initiated for the 3rd time on 10.2.1956 when the notification under Section 4 of the Rajasthan Land Acquisition Act, 1953 was issued and ...
Richhpal Singh Vs. State of Rajasthan and anr.
Court: Rajasthan
Decided on: Aug-18-1992
Reported in: 1992(2)WLC669; 1992(2)WLN566
G.S. Singhvi, J.1. The petitioner has filed this writ petition with a prayer that I the respondents be directed to convene a review Departmental Promotion Committee for consideration of his case for promotion to the junior scale of Rajasthan Police Service against the vacancies of 1991-92, ignoring the adverse remarks made La his Annual Performance Appraisal Report (APAR) 1984-85 and, in case he is found I suitable then to promote him to the Junior scale of Rajasthan Police Service benefits regarding seniority, fixation of pay etc.2. Briefly stated, the case of the petitioner is that he joined the Police Department of the Government of Rajasthan as Sub-Inspector on 1.8.1966. He was promoted as Inspector of Police on 13.3.80. He has passed promotion cadre course while holding the post of Inspector of Police and has been confirmed on that post by order dated 14.5.85. He is eligible to be considered for promotion to the Rajasthan Police Service. He has claimed that in the seniority list p...
Meena Kumari Vs. State
Court: Rajasthan
Decided on: Aug-17-1992
Reported in: 1992(2)WLC691; 1992(2)WLN549
N.L. Tiberwal, J.1. Heard. This petition Under Section 482 Cr. P.C. has been filed under some peculiar circumstances.2. On July 14, 85 when the petitioner Meena Kumariand Kumari Sunita were returning to their house after having Darshan of the temple 'Mahakaleshwar at 9.00-10.00 a.m. the accused Mohammed Taiyab and Maharaj Singh Jatav Enatched golden chains from them by force. On making a cry, the villagers incident was lodged by Gopaldas at police station Sarmathura. The police registered the case for the offence Under Section 392, 394, & 307, IPC. After investigation a challan was filed against Mohammed Taiyab and two others in the court of the concerned Magistrate under various offences of Indian Penal Code and Section 3/25 of the Arms Act. The co-accused Maharaj Singh was also arrested by the police and he got rocovered one golden chain after giving information Under Section 27 of the Evidence Act. It appears that he was also committed to the court of Sessions, but subsequently he a...
Radhesh Chandra Sharma Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Aug-12-1992
Reported in: I(1993)DMC176
M.B. Sharma, J.1. The petitioner is real younger brother of one Smt. Manisha, who was married to Rajiv Joshi who has his house in Pologround Udaipur. The marriage of Manisha with Rajiv Joshi took place on February 15. 1985 and was preceded by a betrothal ceremony which look place on February 22, 1984. Out of the wedlock, there are two children, one male and the other female. Deceased Smt. Manisha was living with Rajiv Joshi who had lost his father sometime before the incident with which we arc presently concerned. In the midnight intervening October 8 and 9, 1991 Shri Manisha died at a remit of extensive burn injuries inside the home of her husband Rajiv Joshi. After receiving the burn injuries she was rushed to the hospital and if said to have made two dying declarations, orally, one made to Dr. (Mrs.) Savita and the other to a Magistrate. The dying declaration said to have been made to Magistrate could not be completed because of her serious condition. A report of the incident was lo...
Shyamji Vs. State of Rajasthan
Court: Rajasthan
Decided on: Aug-12-1992
Reported in: 1993CriLJ2458
1. This appeal has been filed against the judgment of the learned Sessions Judge, Banswara dated January 16, 1991 by which he has convicted the accused appellant under Section 302, I.P.C. and sentenced him to life imprisonment and to pay fine of Rs. 100/-and in default of payment of fine to further undergo seven days R.I.2. Brief facts giving rise to the present appeal are summarised as follows: On 14-8-87 at about 2.00 p.m., the informant Laxman (P.W. 7), brother of deceased Mst. Loonji, lodged first information report (Ex. P/6) at the police station Anandpuri to the effect that during the night intervening 13th and 14th August, 1987, the informant, Laxman, her sister and her mother-in-law were sleeping on the cots outside the gate, his brother-in-law Shyamji (accused) came there at about 12 in the night in a drunken condition and he asked his wife Mst. Loonji for giving him food. She said that he left the house after taking his meals. On this, he started beating her. When Mst. Loonji...
Sesa Ram Vs. Smt. Teeja
Court: Rajasthan
Decided on: Aug-12-1992
Reported in: 1992WLN(UC)160
B.R. Arora, J.1. This miscellaneous petition is directed against the order dated April 26, 1990, passed by the Sessions Judge, Pali, by which the learned Sessions Judge dismissed the revision petition filed by the petitioner Sesa Ram.2. Smt. Teeja W/o Sesa Ram filed an application under Section 125 Cr.P.C. in the Court of the Munsif and Judicial Magistrate, First Class, Sojat, on the ground that she was illtreated by her husband, was turned out from the house and thereafter the non-applicant Sesa Ram contracted second marriage. This application was contested by the husband. The averments made in the application were denied. The factum of ill-treatment, turning the wife from the house as well as of the second marriage were denied. The applicant, in support of its case, examined herself as AW 1 and, also, examined Chatra Ram as AW 2 and Hari Ram as AW 3. The husband non applicant did not produce any evidence in support of his case though sufficient opportunities were given to him.3. AW 1...
Puran Vs. State of Rajasthan
Court: Rajasthan
Decided on: Aug-12-1992
Reported in: 1992WLN(UC)297
N.L. Tibrewal, J.1. This revision under Section 507 read with section 401 Cr.P.C. is directed against the Judgment dated May 11, 92 of Addl. Sessions Judge, Bayana in Cr. Appeal No. 30/90 confirming the conviction & sentence of the petitioner under Section 447 and 323 IPC passed by the Munsif & Judicial Magistrate Weir in Cr. case No. 269/79.2. The only contention made by the learned Counsel for the petitioner is that the petitioner ought to have been dealt under the provisions of the Probation of Offenders Act. The petitioner has been sentenced to pay a fine of Rs. 200/- in cash and. under Section 447 & 323 IPC by the trial Magistrate, which has been affirmed by the Addl. Sessions Judge, Bayana. The reason given by the trial Magistrate for not giving the benefit of probation has been described that the sentence of fine will act to prevent the petitioner to repeat the offence. In my view this could hardly be a reason to decline the benefit of probation to the petitioner, if he is other...
Mst. Noor Bano Vs. Mohammed Riaz
Court: Rajasthan
Decided on: Aug-12-1992
Reported in: 1992(3)WLC149; 1992(2)WLN228
B.R. Arora, J.1. This miscellaneous petition is directed against the order dated October 16, 1986, passed by the Additional Sessions Judge No. 1, Jodhpur, by which the learned Additional Sessions Judge allowed the revision petition filed by Mohammed Riaz and set-aside the order dated January 23, 1981, passed by the learned Judicial Magistrate No. 4, Jodhpur2. Petitioner Mst. Noor Noor Bano filed an application under Section 125 Cr.P.C. for the grant of Maintenance in the Court of Judicial Magistrate No. 4, Jodhpur. It was averred in the application that she was married to Mohammed Riaz in the year 1965, and she remained with her husband Mohammed Riaz upto 19.6.1969. During this period, She was ill-treated by her husband and several limes, she was given beating. On 19.6.69, Mohammed Riaz sprinkled kerosene oil on her and tried to kill her, but she could manage to save herself. Thereafter she was divorced by her husband and turned out from the house. Mohammed Riaz afterwards contracted s...
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