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Rajasthan Court March 1993 Judgments

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Mar 10 1993

Smt. Shyamu Vs. the State of Rajasthan

Court: Rajasthan

Decided on: Mar-10-1993

Reported in: 1993WLN(UC)132

B.R. Arora, J.1. This appeal is directed against the judgment dated May 31, 1985, passed by the Sessions Judge, Udaipur, by which the learned Sessions Judge convicted and sentence the accused-appellant for the offence under Section 302 I.P.C.2. The incident which led to the prosecution of the appellant Smt. Shyamu, took-place on 17.3.1984, at about 12.30. a.m. in the house of Kachru situated in village Parsola. The First Information Report of the incident was lodged at Police Station, Parsola, on the same day at about 3.00 a.m. by one Heera Lal S/o Shri Ganpat - the brother of the deceased Kachru. The case of the prosecution, as unfolded in the F.I.R. by Heera Lal is that at about 2.00 a.m. on 17.3.84, Doongar Teli came to his house and informed him that his elder brother Kachru has been killed by someone, whereupon he alongwith Doongar Teli went to the house of his brother and saw the deadbody of his brother Kachru lying near the door and a stone was lying on his mouth. On enquiry, hi...


Mar 05 1993

Legal Representatives of Late Manphool Bishnoi and ors. Vs. State of R ...

Court: Rajasthan

Decided on: Mar-05-1993

Reported in: 1993WLN(UC)114

Rajendra Saxena, J.1. By means of this writ petition, petitioners have challenged the correctness and validity of the order of the Board of Revenue dated 18.1.1982 (Ex. 3) as well as the judgment dated 24.5.1979 (Ex. 2) passed by the Revenue Appellate Authority, Bikaner and prayed that the appeal, filed by the petitioners be sent back to the Revenue Appellate Authority, Bikaner for re-hearing and for deciding the same in accordance with law.2. The necessary facts for the disposal of this writ petition lie in a narrow compass. The Sub Divisional Officer, Hanumangarh assessed the agricultural land, held by assessees Manphool and his sons Nathu & Mangilal under the Old Ceiling Law and by his order dated 2.7.74 declared 155 bighas and 15 biswas agricultural holding recorded in the khatedari of Manphool and 17 bighas of land, held by Nathu and Mangilal each surplus exceeding the ceiling limit and ordered for the acquisition thereof. The said assessees challenged the said order by filing, ap...


Mar 05 1993

NaraIn Ram Vs. State of Rajasthan and ors.

Court: Rajasthan

Decided on: Mar-05-1993

Reported in: 1993WLN(UC)230

Rajendra Saxena, J.1. Heard.2. The petitioner, who is a resident of Shri Doongargarh Town, District Churu, has alleged that he has a right of grazing his cattle under Section 93 of the Rajasthan Land Revenue Act, 1996(in short the Act, 1956) on the pasture land detailed in Jamabandi of Samvat Year 2043 (Annex. 3). It is alleged that due to the inaction of respondents No. 1 to 6, the respondents No. 7 to 12 and other elements have unauthorisedly trespassed on the pasture land in dispute, that the Revenue Authorities (respondents No. 1 to 6) did not take prompt action against such trespassers and did not dispossesses them with the result that the right of the residents of Doongargarh Town grazing their cattle in the said pasture land has been adversely affected. He has alleged that though, the District Collector, Churu (respondent No. 2) by his order dated 13.8.1986(Annex. 4) had issued detailed instructions to his subordinates to scrupulously follow the provisions of Section 91 of the A...


Mar 04 1993

Pradeep Kumar Vs. Secretary, Ganganagar Sugar Mills Ltd. and ors.

Court: Rajasthan

Decided on: Mar-04-1993

Reported in: (1994)ILLJ1139Raj

Israni, J.1. This Special Appeal has been filed against the order dated April 18, 1991, by which the writ petition filed by the petitioner was dismissed.2. Briefly stated, the appellant, who is resident of Kota, was appointed in the Ganganagar Sugar Mills Ltd. Kota, as a Salesman in the Country Liquor Shop, situated at Kota. He was appointed w.e.f. April 9, 1975 on Rs. 5.50 per day, on daily wage basis, vide Office Order dated May 4, 1975. Subsequently, he was given Rs. 200/- per month. He also worked as Clerk from March 7, 1976 to April 3, 1976. His services were terminated w.e.f. April 3, 1976, by order dated March 24, 1976 (Anx.3). In Anx.3, by which services of the appellant, alongwith fifteen others, were terminated, it was stated that as they were temporary/ad hoc, their services were terminated w.e.f April 3, 1976. A dispute was raised by the appellant, which was referred to the Labour Court. The Labour Court found that employment of the appellant was temporary and ad hoc, there...


Mar 04 1993

Mrs. Presanna Kumari K.K. Vs. State of Rajasthan and ors.

Court: Rajasthan

Decided on: Mar-04-1993

Reported in: 1993WLN(UC)112

Rajendra Saxena, J.1. Petitioner by means of.this writ petition sought a mandamus against the respondents to permit her to join the training of female Health Workers which was to commence in March, 1990.2. The Director, Medical & Health Services, Rajasthan, Jaipur (Respondent No. 2) issued a notification dated 15.2.1990 (Annex. 1) inviting applications for selection of sixty multiple female Health Workers. It was mentioned in the said notification that the applicant must have passed the secondary examination and that in the selection, preference shall only be given to a bonafide resident of Rajasthan. Petitioner who had passed secondary school leaving certificate examination, also applied for the said course. Out of 60 seats advertised vide Annex. 1, 30% seats were reserved for the S.C/S.T. candidates. However, only four candidates belonging to S.C/S.T. applied and, therefore, all of them were selected for the said course. The parties are not at dispute that after considering all the a...


Mar 03 1993

Ganesh Ram S/O Surta Vs. Hansa Ram S/O Nagji

Court: Rajasthan

Decided on: Mar-03-1993

Reported in: 1993WLN(UC)72

N.C. Kochhar, J.1. The respondents plaintiffs have filed the suit for the partition of the property in dispute, claiming rights therein, and according to the allegations in the plaint, the petitioners-defendants have claimed to be the sole owners thereof.2. Since in the Suit, the rights of the parties including of the petitioners have to be decided, the petitioners are necessary parties, and as such, it cannot be said that they have been wrongly impleaded as such.3. The impugned over cannot be said to be erroneous in any way and calls for no interference by this court.4. The revision petition is consequently dismissed....


Mar 03 1993

Chouth Ram Vs. the State of Rajasthan

Court: Rajasthan

Decided on: Mar-03-1993

Reported in: 1993WLN(UC)315

B.R Arora, J.1. This appeal is directed against the judgment dated January 11, 1985, passed by the Sessions Judge, Chum, by which the learned Sessions Judge convicted and sentenced the accused-appellant for the offences under Sections 302 I.P.C. and Section 25 of the Indian Arms Act.2. The incident, which led to the prosecution and trial of the accused-appellant, look-place in the intervening night between July 4/5, 1993, when one Ram Lal was murdered at about 1.00 a.m. in his house situated in village Chimanupra (district Churu). The report of this incident was lodged by Ram Rakh at Police Station, Rajgarh (district Churu) on July 5.1983. The case of the prosecution is that in the night of July 4, 1983, Ram Lal and PW 2 Likhma Ram were sleeping in Ram Lal's house and Ram Lal's mother Smt. Mohri was sleeping in the Khuddi. Likhma Ram heard a noise of firing and when he got-up, he saw accused Chouth Ram standing near the cot of Ram Lal. At that time he was hiving a pistol in his hand an...


Mar 01 1993

Ajaypal Singh Vs. Jainarayan Vyas University, Jodhpur

Court: Rajasthan

Decided on: Mar-01-1993

Reported in: AIR1993Raj210

ORDERA.K. Mathur, J. 1. Heard learned counsel for the parties.Petitioner by this writ petition has challenged the punishment imposed by the Jainarayan Vyas University, Jodhpur (hereinafter to be referred to as the JNV University, Jodhpur) vide Anx. 3 dated 15-1-1993 whereby the petitioner's examination for M.A. (Previous) in Psychology for the years 1993 and 1994 was cancelled.2. Brief facts which are necessary for the disposal of this writ petition are that the petitioner is a regular student of the JNV University, Jodhpur, and is studying in the M.A. (Previous) examination in the year 1992 on 11th February, 1992. The petitioner was given the paper of Psychology I. A flying squad came and made a case of unfair means against the petitioner. He was given a show-cause notice on July 21, 1992 that since the flying squad has found in his possession incriminating material which was swallowed by him and what he has to say in the matter. Petitioner filed reply to the show cause notice and he ...


Mar 01 1993

Anil Kumar Vs. the State of Rajasthan and anr.

Court: Rajasthan

Decided on: Mar-01-1993

Reported in: 1993WLN(UC)110

Rajendra Saxena, J.1. By means of this writ petition, the petitioner has prayed that the respondents be directed to grant admission in his favour to the General Nursing Course at Barmer Centre for the Session 1985-86 conducted in pursuance to notification Annexure 2.2. The petitioner passed the Higher Secondary Examination, 1985 from the Secondary Education Board, Rajasthan vide mark-sheet Annexure-1 and secured 196 marks out of 400 i.e. 49% marks. Vacancies for granting admission to the General Nursing Course all over Rajasthan Were advertised by respondent No. 1 in October, 1985 vide notification Annexure-2. In the said notification, it was mentioned that admissions will be given only to the person, who are residents of respective districts where the training centres are located. It is the case of the petitioner that he is a bona fide resident of Barmer District. He applied for the admission in the said course. The respondent No. 2 after considering all the applications issued two li...


Mar 01 1993

Hema Ram Vs. the State of Rajasthan and anr.

Court: Rajasthan

Decided on: Mar-01-1993

Reported in: 1993WLN(UC)228

Rajendra Saxena, J.1. The petitioner by means of this writ petition has prayed that the respondents be directed to admit him in the S.T.C. Course for the academic session 1990-91 or in the alternative to admit him in the next session of S.T.C, Course commencing from July, 1991.2. The petitioner passed the Senior Higher Secondary Examination, 1989(Vocational) from the Board of Secondary Education Rajasthan as is evidenced from the mark-sheet Annexure 1 and secured First Division. He is a physically disabled person as per certificate Annexure 2. He submitted his application for admission in the School Teaching Course (in short S.T.C). He was called by the Selection Committee of Smt. M.G. Bohra Government Shikshak Prashikshan, Phalodi for interview for the admission in the first year of S.T.C. for the session 1990-91 on 26.9.90 vide interview letter dated 20.9.1990 (Annexure 3) alongwith his original certificate. It is the case of the petitioner that the said interview letter Annexure 3 w...


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