Rajasthan Court March 1995 Judgments
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Nirmal Nahar Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Mar-02-1995
Reported in: AIR1995Raj198; 1995(2)WLC632; 1995(1)WLN320
P.P. Naolekar, J. 1. This special appeal is filed against the order of learned single Judge passed in S.B. Civil Writ Petition No. 5381/94 on 7-2-1995. Brief facts necessary for adjudication of the question involved in this appeal are that the appellant along with 475 persons applied for membership of Jodhpur Nagrik Sahkari Bank Ltd. (for short 'the Bank'). According to the appellant, he along with 475 members after completing all the necessary formalities and depositing the requisite fees and share money, applied for the membership complying the rules prescribed, for membership. On 5-2-1994, the Board of Directors of the Bank held its meeting, considered the applications and by unanimous decision, accepted all the applications and made them members. In the list of the members, which are newly added to the membership, the appellant's name is at S. No. 448. 2. Respondent No. 4 was appointed as Election Officer for cbnducting the elections of the Bank, has published the election programm...
Smt. Gudu Kanwar and anr. Vs. Nand Lal and ors.
Court: Rajasthan
Decided on: Mar-02-1995
Reported in: 1996ACJ545; AIR1995Raj236; 1995(3)WLC754
B.J. Shethna, J. 1. The Appeal No. 142/92, filed by the Rajasthan State Road Transport Corporation has already been admitted by this - Court on 9-7-1992. The Appeal No. 138/92 is filed by the claimants, against the same award. Hence, it is also admitted. Learned counsel appearing for the respective parties waived the service of notices in Appeal No. 138/92. Both these appeals are heard finally today at the request of the learned counsel for the parties. 2. At an early hour of 1.00 a.m. of 8-10-1987, in a vehicular accident, deceased Narpat Singh, coming on his motor cycle, was knocked down by the bus of the Rajasthan State Road Transport Corporation (hereinafter 'the Corporation' for short) coming from opposite direction, driven by the respondent No. 1-- Driver. The widow of the deceased Smt. Gudu Kanwar, Moti Kanwar-- mother of the deceased and Bhawani Singh-- father of the deceased, filed a joint claim petition -- No. 8/88, before the learned M.A.C. Tribunal, Bali, claiming in all Rs...
Papuria @ Rajesh Vs. State of Rajasthan
Court: Rajasthan
Decided on: Mar-02-1995
Reported in: 1995(3)WLC164; 1995(1)WLN290
V.G. Palshikar, J.1. This appeal is directed against the Judgment dt. 6.8.94 passed by the learned Additional Sessions Judge, Bhilwara convicting the appellant-accused under Section 376 of the I.P.C. and sentencing him to rigorous imprisonment for a tenn of 7 years and fine of Rs. 1000/- in default rigorous imprisonment of six months.2 The prosecution story in short is that on 7th April, 1993 in the after-noon, the appellant asked the prosecutrix Seema who was grazing her cattle that her cattle has entered the field of the accused. It is then alleged that the accused committed rape on the prosecutrix by forcibly ravishing her in this field. The prosecutrix, thereafter left the place and reported the matter to her mother who in turn informed her husband, who took her for medical examination and lodged F.I.R. After investigation, challan was filed against the accused and he was prosecuted as aforesaid under Section 376 of the I.P.C. The prosecution has examined 16 witnesses in support of...
Devi Chand Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Mar-02-1995
Reported in: 1995(1)WLN346
P.P. Naolekar, J.1. This special appeal is preferred against the order of a learned single Judge dated 7.2.95. The admitted facts emerged in the case which are necessary for deciding the questions involved in this appeal are, that the appellant is a member of respondent No. 2 The Jodhpur Nagrik Sahakari Bank Ltd., Jodhpur (for short 'the Bank'). The election programme was published by notification dated 10.11.94 in Rajasthan Patrika dated 11.10.94 for election to the posts of members of the Board of Directors. The appellant filed his nomination paper and his nomination paper was rejected on 18.11.94. It is complained that the copy has not been given of the order of rejection. The rejection was on the ground that M/s. S.V. Construction, which is a partnership firm, given loan facilities in the form and shape of cash credit. The cash credit facility was not renewed by the Bank after the expiry of the period of one year. The firm's limit was cancelled on 7.6.94. Shri Devi Chand Bafna, the...
Gopi Lal Teli Vs. the State of Rajasthan and ors.
Court: Rajasthan
Decided on: Mar-01-1995
Reported in: [1995(71)FLR551]; (1995)IILLJ1064Raj; 1995(2)WLC1; 1995(1)WLN300
Anshuman Singh. J. 1. Learned Single Judge at the time of admission of S.B. Civil Writ Petition No. 3011/90 Gopi Lal Teli v. State of Rajasthan and Ors., after hearing the counsel for the parties on the question of maintainability of the writ petition under Article 226 of the Constitution of India on the ground of alternative remedy, referred the following question for determination by a Larger Bench of more than three Judges: 'Whether a writ petition for violation of the provisions of Chapter V-A of the Industrial Disputes Act, 1947 or violation of the principles of natural justice, should be directly entertained as a matter of course, ignoring the statutory remedy provided by that Act? On the reference made by the learned Single Judge, Hon'ble the Chief Justice Constituted Larger Bench consisting of five senior Judges of this court and in pursuance of the said order, the question referred by the learned Single Judge came up for consideration before us. 2. Before we proceed to conside...
Babu Singh Vs. State
Court: Rajasthan
Decided on: Mar-01-1995
Reported in: 1995CriLJ2439
1. This appeal is directed against the judgment dated May 10, 1988 passed by the learned Additional Dist. and Sessions Judge, No. 1, Hanumangarh (Camp Sangaria) in sessions case No. 63/87 whereby the appellant Babu Singh was convicted Under Section 302 IPC and sentenced to imprisonment for life and to pay a fine of Rs. 250/-. In default of payment of fine he was awarded further one month imprisonment.2. The facts of the case need not to be given in detail as the learned counsel appearing for the appellant has restricted his argument on the question of offence committed by the appellant. The argument of the learned counsel is that taking into consideration all the facts and circumstances of the case, the appellant can be held liable for the offence under Section 304 II, IPC and not under Section 302 IPC. To appreciate the above argument, the necessary facts of the case may be given.3. The incident had taken place on March 5, 1987. As per the prosecution case, at about 10 p.m. on 5-3-87 ...
Kishan Singh and ors. Vs. State
Court: Rajasthan
Decided on: Mar-01-1995
Reported in: 1995CriLJ2027; 1995(1)WLC724; 1995(1)WLN656
Rajendra Saxena, J.1. These appeals have been preferred against the judgment dated 30-5-89 passed by the learned Sessions Judge, Jodhpur. whereby he convicted appellant Khinv Singh for the offence under Section 302, I.P.C., for committing the murder of Prithvi Singh and appellants Bhanwar Singh, Kalyan Singh Kishan Singh, Daul Singh and Rameshwar Singh for the said murder under Section 302/149, I.P.C., and sentenced each one of them to life imprisonment and fine of Rs. 50/- in default to further undergo R. I. for one month. He further convicted the aforementioned six appellants for committing murder of Onkar Singh under Section 302 read with 149, I.P.C., and sentenced each one of them to life imprisonment and a fine of Rs. 50/- in default to further undergo R. I. for one month: He further found all the appellants guilty for the offence under Section 148, I.P.C., and sentenced each one of them to R. I. for one year and directed that all substantive sentences shall run concurrently.2. Si...
Heera Lal Vs. State of Rajasthan
Court: Rajasthan
Decided on: Mar-01-1995
Reported in: 1995CriLJ3783
N.L. Tibrewal, J.1. This appeal is directed against the judgment dated, March 11, 1987 passed by the Additional District and Sessions Judge, Chittorgarh, whereby the appellant was convicted under Sections 302 and 397 I.P.C. Under Section 302 I.P.C. he was sentenced to undergo imprisonment for life and to pay a fine of Rs. 200/- (in default of payment of fine to undergo two years R.I.) and under Section 397 I.P.C. he was awarded ten years rigorous imprisonment and to pay a fine of Rs. 200/ - (in default of payment of fine to further undergo one year's R.I.) Both the sentences were ordered to run concurrently.2. A written report, Ex.P. 1 was made at 8 a.m. on April 22, 1983 at Police Station, Kapasan, wherein it was stated that in the night of 21 -4-83, the wife of Hira Lal was murdered on her well and the dead body was lying there.3. As per the prosecution case, in the night intervening 21-4-83 and 22-4-83 a 'Satsang' was going on in the temple of 'Sanischar Ji' in the village where the...
Jhavar Prakash Vs. Rajasthan High Court
Court: Rajasthan
Decided on: Mar-01-1995
Reported in: 1995(2)WLC517; 1995(1)WLN286
V.S. Kokje, J.1. The petitioner a Judicial Officer, has challenged the adverse remarks given in annual confidential reports about him for the years, 1983, 1984, 1985 and 1987. The remark for the year 1983 was communicated on June 13, 1986. It was 'Not a good officer'. The remark for the year 1984 was also communicated on June 13, 1986. It was 'Bad Officer. 'Integrity doubtful'. The remark for the year 1985 was communicated on August 16,1986. It was 'Does not enjoy good reputation.' The remark for the year 1987 was communicated on September 13, 1989. It was 'Needs improvement in his capacity to handle files systematically. Lacks firmness. Closely identified himself with certain members of bar'. The representations against the remarks for the years 1983, 1984 and 1985 were rejected on December 1, 1988 and the representation against remarks for the year 1987 was rejected on January 27, 1990, This petition challenging all these remarks was filed on March 26, 1990.2. The petitioner contends...
Jhavar Prakash Vs. State of Rajasthan and anr.
Court: Rajasthan
Decided on: Mar-01-1995
Reported in: 1995(2)WLC485; 1995(1)WLN315
V.S. Kokje, J.1. The petitioner who is a Judicial Officer has challenged an order of his reversion from the post of Chief Judicial Magistrate to the post of Munsif and Judicial Magistrate. The petitioner was given a chargesheet dated July 23, 1985 in respect of interpolation and tampering of records relating to a type and shorthand test for the selection of Stenographer Gr. II held in Jodhpur District. Charge No. 1 was in respect of dishonest manipulation of result of the type and shorthand test in order to favour some candidates and charge No. 2 was in respect of being a party to Illegal and irregular acts which were unbecoming of a Judicial Officer and thereby failing to maintain absolute devotion to duty and dignity of office.2. On an enquiry, the petitioner was exonerated of Charge No. 1 but was held guilty on Charge No. 2. The Disciplinary Authority proposed a punishment of removal from service and. therefore, the matter came up before the Full Court. The Full Court decided not to...
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