Rajasthan Court May 1995 Judgments
Shantilal and anr. Vs. the State of Rajasthan and ors.
Court: Rajasthan
Decided on: May-23-1995
Reported in: 1996(2)WLC144; 1995(2)WLN367
Rajendra Saxena, J.1. The petitioners, who are residents of town Pali, by filing this writ petition, have prayed that the draft notification dated 6.9.94 (Annex. 4) issued under Section 14(1) of the Rajasthan Municipalities Act, 1959 (in short, 'the Act') read with Rule 3, Rajasthan Municipalities (Election) Rules, 1994 (briefly, the Rules, 1994') inviting objections for de-limitation of wards for the ensuing election of the Municipal Council, Pali, final notification dated 23.9.94 (Annex. 9) issued under Section 14(4) of the Act read with Rule 3 of the Rules, the notification Annex. 10 finalising formation of wards and reservation of reserved wards, notification under Section 9 of the Act dated 26.8.94 for fixing the total number of seats for Municipal Council, Pali and specifying the number of general seats and seats reserved for members of the Scheduled Caste, Scheduled Tribe, other backward classes and women and the draft election roll dt. 15th October, 1994, Annex. 13 issued under...
Tag this Judgment!Kishore Mishra Vs. the District Transport Officer and anr.
Court: Rajasthan
Decided on: May-23-1995
Reported in: 1995(2)WLN285
M.P. Singh, J.1. The petitioner purchased a truck and got it registered with Registering Authority.Thane (Maharashtra) in 1985.2. Later on the vehicle was brought to Rajasthan in the same year and an application was filed under Section 47 of the Motor Vehicle Act, 1988 before the Registering Authority, Jaipur for transferring the registration. More than ten years have passed but nothing has been done aso far.3. The only objection of the learned Counsel appearing on behalf of the respondents was that the petitioner has not filed the copy of the No Objection Certificate obtained from Thane and,as such, the registration could not be done. In my opinion, the objection has no merit.4. The assignment of the registration mark on removal the vehicle to another State is done under Section 47 of the Motor Vehicles Act, which provides that when a motor vehicle registered in one State,has been kept in another State, for a period exceeding one year, the owner of the vehicle shall within such period...
Tag this Judgment!Santosh Das Vs. State of Rajasthan
Court: Rajasthan
Decided on: May-23-1995
Reported in: 1996WLC(Raj)UC225; 1995(1)WLN693
R.P. Saxena, J.1. Notice was given to the learned Public Prosecutor, who has accepted the same.2. Heard. Perused the impugned Judgment dated 14.3.1991 passed by the learned Sessions Judge, Pali, whereby he acquitted the accused petitioner Santosh Das for the offences under sections 342, 376 and 366 I.P.C. and co-accused persons Virendra Singh, Hakam Singh, Surendra Singh and Durga Bharti for the offences under sections 342 and 376 I.P.C. by giving them benefit of doubt.3. Briefly stated the prosecution case is that when the complainant Smt.Santosh was standing at Beawar Bus Stand on 16.9.86 at about 10 P.M. in the night, one Santokdas r/o Babra persuaded threatened and took her forcibly to Babra on a Vicky. Thereafter, she was subjected to rape by Santokdas and one more person and she was detained in a house situated outside the village. The trial of the accused persons including the petitioner was conducted by the learned Sessions Judge, who has acquitted the petitioner and other accu...
Tag this Judgment!Union of India (Uoi) and ors. Vs. Peerulal and ors.
Court: Rajasthan
Decided on: May-22-1995
Reported in: 1995CriLJ3356; 1995(2)WLN232
A.P. Ravani, C.J.1. This is an appeal filed by the Union of India against the judgment and order passed by the learned Single Judge in S. B. Civil Writ Petition No. 1863/1983 decided on July 29, 1993. By the said judgment and order the learned Single Judge allowed the writ petition and quashed and set aside the show cause notice dated June 18, 1983 (Annexure-4 to the petition) qua the petitioner Peerulal only. The show cause notice was issued under Section 124 of the Customs Act, 1962. The learned Single Judge also directed to restore the seized 479 bottles of Imperial Whisky seized vide seizure memo Annexure R-l/l and to refund the amount of Rs. 1,200/- realised through the sale of 120 bottles of Beer to the petitioners immediately. 2. The respondent No.1 herein (i.e. Peerulal son of Gordhanji Solanki) was served with a show cause notice dated June 18, 1983 issued by the Assistant Collector, Customs and Central Excise, Jodhpur. The show cause notice was served upon others also, namely...
Tag this Judgment!Radhesh Chandra Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: May-19-1995
Reported in: 1995CriLJ3394; I(1996)DMC158; 1995(3)WLC707; 1995(1)WLN680
Rajendra Saxena, J.1. This petition has been filed under Section 482 read with Section 407(1) Cr.P.C. for recalling this Court's order dated 19.9.1994, which was corrected vide order dated 22.9.1994, passed in S.B. Cr. Misc. Petition No. 584/94 'Rajeev Joshi v. State', whereby the Sessions case arising out of FIR No. 150/91, Police Station, Amba Mata, Udaipur, which was committed by the learned Addl. CJM, S.P.E. cases, Jaipur, was withdrawn from the file of learned Sessions Judge, Jaipur District and transferred to the file of learned Sessions Judge, Udaipur for trial in accordance with law.2. Petitioner is the real brother of deceased Smt. Manisha, who was married in February, 1985 to accused non-petitioner Rajeev Joshi and who died on the night intervening 8th and 9th Oct., 1991 due to extensive burn injuries inside the house of her husband situated in Udaipur. She was immediately taken to the hospital, where she is alleged to have made two dying declarations orally one to Dr. Miss S...
Tag this Judgment!Shankar Lal Vs. the State of Rajasthan
Court: Rajasthan
Decided on: May-19-1995
Reported in: 1996(1)WLC308; 1995(2)WLN275
Rajendra Saxena, J.1. Heard. Perused the challan papers as also the statements of Rajesh; Madanlal; Kalu Ram; Thavar Chand; father of the deceased and the alleged eye witnesses Devilal and Amritlal; who were examined on 18.8.94.2. The alleged occurrence took place on the night of 31st July 1994;The petitioner was arrested on 20.8.94. The police after completing investigation filed challan in the court of learned Civil judge (Jr. Div.) cum Judicial Magistrate; Kherwada on 18.11.94 but he has not committed this case so far to the court of learned Secesion Judge, Udaipur for want of the F.S.L. report in respect of the blood stained clothes of the deceased and a dagger, alleged to have been recovered at the instance of the petitioner.3. Keeping in view all the facts and circumstances of the case, I feel that it will be just and proper to grant bail to the petitioner.4. Accordingly, this bail petition is allowed and it is ordered that petitioner Shankerlal be released on bail provided he ex...
Tag this Judgment!Mithu Lal Vs. the State of Rajasthan
Court: Rajasthan
Decided on: May-19-1995
Reported in: 1995(1)WLN607
B.R. Arora, J.1. This appeal is directed against the Judgment dated 25.1.1988, passed by the Additional Sessions Judge, Rajsamand, by which the learned Additional Sessions Judge convicted the appellant for the offences under Sections 302 and 397 IPC and sentenced him to undergo imprisonment for life and a fine of Rs. 2000/- and in default of payment of fine further to undergo one year's rigorous imprisonment for the offence under Section 302 IPC and seven years' rigorous imprisonment for the offence under Section 397 IPC.2. The appellant was tried by the learned Additional Sessions Judge, Rajsamand, for the offences under Section 302 and 397 IPC for committing the murder of Mst. Debu in the field of Balu Ram situated in village vilur in the intervening night between 14/15th November, 1986 and after committing her murder committed robbery of the ornaments from her person.3. The case of the prosecution is that in the evening of 14.11.86, Mst. Debu had on to the field to clear the call of...
Tag this Judgment!Jarnail Singh Vs. State of Rajasthan and anr.
Court: Rajasthan
Decided on: May-18-1995
Reported in: 1996(1)WLC304; 1995(1)WLN438
P.P. Naolekar, J.1. The petitioner has challenged in this petition the order of suspension passed against him by order dated 6.5.92 (Annex. 4) on account of pendency of a cirminal case Under Section 5(1)(d) and 5(2) of the Prevention of Corruption Act, 1947 (for short 'the Act') read with Section 120B and Section 420 I.P.C. It is the petitioner's case that there is no reasonable ground made out for passing the order of suspension against the petitioner. The order of suspension is the result of non-application of mind to the facts of the case and is arbitrary.2. According to the respondents, the charge framed on consideration of all the material against the petitioner in a criminal case and the trial has reached to the stage of prosecution evidence and therefore, it cannot be said that these is no material on record to pass order of suspension against the petitioner.3. Rule 13 of the Rajasthan Civil Service (Classification, Control & Appeal) Rules, 1958, lays down that the competent aut...
Tag this Judgment!National Insurance Co. Ltd. Vs. Shanti Devi and ors.
Court: Rajasthan
Decided on: May-18-1995
Reported in: 1(1996)ACC385
C.M. Nayar, J.1. The present judgment will dispose of two appeals, FAO No. 205/88 National Insurance Company Ltd. v. Smt. Shanti Devi and Ors. and FAO No. 210/88 Smt. Shanti Devi and Ors. v. Shri Chet Ram and Ors. The first appeal is filed by the Insurance Company impugning the award dated July 22, 1988 of Smt. Mamta Sehgal, Judge Motor Accident Claims Tribunal. The second appeal is filed by the claimants for enhancement of compensation.2. The brief facts a re that on November 26, 1979 at about 7.30 a.m. one Shri Anup Singh wason duty as Assistants Sanitary Inspector and was standingoutside the tea shop of Ramesh Chander near D.T.C. bus stand alongwith deceased Iswar Singh. All of a sudden bus bearing No. DLP 5312 being driven by respondent No. 7. (respondent No. 1 herein) in a rash and negligent manner hit the abovesaid Anup Singh from the back side. It further hit Ishwar Singh who died on the spot. After the accident the claimant Anup Singh became unconscious and was removed in a tax...
Tag this Judgment!Resham Singh Vs. State of Rajasthan
Court: Rajasthan
Decided on: May-17-1995
Reported in: 1995CriLJ3325
B.R. Arora, J.1. This appeal is directed against the judgment dated 1-2-1989. passed by the Additional Sessions Judge No. 1, Sri Ganganagar, by which the learned Additional Sessions Judge No. 1, Sri Ganganagar convicted the appellant and Kakoo alias Sarvajeet Singh for the offences under Sections 302. 302/34,364,449,392 read with 397, IPC and S. 27 of the Indian Arms Act.2. Appellant Resham Singh and co-accused Kakoo alias Sarvajeet Singh were tried by the learned Additional Sessions Judge No. 1, Sri Ganganagar, for the offence under Section 302, in the alternative, for the offence under Sections 302/34, IPC for committing the murders of Gurvendra Singh and his two servants Jatu Ram and Ram Bahadur Nepali. They were, also, tried for the offences under Sections 449, 362, 392 read with Section 397, IPC as well as under Section 27 of the Indian Arms Act.3. The case of the prosecution, in nutshell, is that in the intervening night between 15th and 16th February, 1985, two persons, whose fo...
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