Rajasthan Court October 1996 Judgments
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Mohammed Indris and ors. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Oct-09-1996
Reported in: 1997CriLJ1079; 1996(2)WLN272
1. Heard the learned counsel for the appellants and the learned Public Prosecutor for the State, perused the record of the case and considered the judgment delivered by the learned lower Court. 15 persons including the six appellants were committed to the Court of District and Sessions Judge, Banswara for trial. They were charged under Sections 302, 147, 302/149 I.P.C.2. On their pleading not guilty to the charges, the prosecution adduced evidence in support of its case, the statements of the accused under Section 313, Cr. P.C. were recorded, and in defence no witness was examined.3. After hearing the parties, the learned District and Sessions Judge convicted Mohammad Indris, Heera, Velia alias Velji, Dhanji, Dungar and Bhurji under Section 302 read with Section 149, I.P.C. and sentenced them to imprisonment for life and to pay a fine of Rs. 50/- each and undergo rigorous imprisonment for one month in default of payment of fine. The appellants were also convicted under Section 147, I.P...
Hamid Zafar Alam and ors. Vs. the Municipal Board and ors.
Court: Rajasthan
Decided on: Oct-09-1996
Reported in: 1997(1)WLC494; 1996(2)WLN458
P.P. Naolekar, J.1. Haji Abdul Jabbar, who is father of petitioners No. 1 and 3' and husband of petitioner No. 2 applied for allotment of a strip of land measuring 29 sq. yards, which according to the petitioners is situated in front of their house in Mohalla Bajarwara, Nagaur, before the Executive Officer, Municipal Board, Nagaur. Allotment Case No. 117 of 1983-84 was registered. The Municipal Board on 28.2.84 recommended that it shall have no objection if the allotment as prayed for by the petitioner is made in his favour. This recommendation was accepted by the Executive Officer. The Executive Officer had directed that a sum of Rs. 885/- be deposited. While the proceedings for allotment were under consideration before the Municipal Board, Nagaur, respondent No. 4 Noor Mohammed filed an application before the Collector, Nagaur, purporting to be Under Section 80 of the Rajasthan Municipalities Act, 1959 (for short 'the Act' hereinafter) wherein he had made a prayer that the recommenda...
State of Rajasthan Vs. Banarsi Dass
Court: Rajasthan
Decided on: Oct-09-1996
Reported in: 1996(2)WLN361
Amaresh Ku. Singh, J.1. The respondent was tried by the learned Additional District and Sessions Judge No. 1, Hanumangarh on a charge under Section 302 of the Indian Penal Code for having caused the death of one Mala Ram on 27th July, 1978. After conducting the trial, the learned Additional District and Sessions Judge came to the conclusion that the prosecution had failed to bring home the guilt to the accused-respondent. He, therefore, acquitted the respondent of the charge under Section 302 of the Indian Penal Code. Feeling aggrieved by the judgment of acquittal the State has filed this appeal.2. The prosecution story, in brief, is that on 27th July, 1978 Panna Ram went to the shop of respondent for purchasing 'moonj' at that time the respondent demanded money and pushed Panna. Where-upon some altercation took place between the two. Panna Ram thereafter returned home in the evening when Panna reached his house he told his elder brother about the incident. The amount demanded was a pe...
Mangilal Vs. State of Rajasthan and anr.
Court: Rajasthan
Decided on: Oct-09-1996
Reported in: 1997(1)WLC294; 1996(2)WLN365
R.R. Yadav, J.1. The petitioner by filing the present writ petition questions cancellation of his quarry licence, Anx. 1, by Assistant Mining Engineer, Bijolia District Bhilwara vide his order dated 3.1.1989, Anx.2 to the writ petition.2. Brief facts leading upto filing of the present writ petition are that the quarry licence to quarry No. 81, Sukhpura 'C boundary was renewed on 9.12.1988 for a period upto 31.12.1989. It is averred in the writ petition that the petitioner received on 10.1.1989 an order from the Assistant Mining Engineer, respondent No. 2, dated 3.1.1989, Anx.2, cancelling his quarry licence without giving any notice to him as envisaged under Sub-rule (2) of Rule 30 of the Rajasthan Minor Mineral Concession Rules, 1986 (hereinafter referred as the 'Rules of 1986').3. After service of notices a joint return has been filed on behalf of the respondents denying the averments made in the writ petition. It is averred in the reply filed on behalf of the respondents that under ...
Achal Chand Vs. Chuuni Lal Zorawar Mal
Court: Rajasthan
Decided on: Oct-08-1996
Reported in: 1997(1)WLC50; 1996(2)WLN268
V.S. Kokje, J.1. The short point involved in this revision application is as to whether the Munsiff, Sirohi could have refused to accept the deposit Under Section 19A of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (hereinafter called 'the Act') during the pendency of an appeal against the dismissal of the suit of the land lord for eviction.2. The appellant filed an application on 17.8.88 before the Munsiff, Sirohi Under Section 19A and 19 CC of the Act claiming therein that the appellant is a tenant @ Rs. 55 as rent for a month. According to him the rent was refused to be accepted by the land lord/non-applicant. The Munsiff issued a notice to the non-applicant who took a stand that a suit for ejectment between the parties was decided and appeal was pending against the decision and so long as the appeal was not disposed of, application Under Section 19 A of the Act could not be entertained. The Munsiff overruled the objection and accepted the deposit.3. Against the a...
Nathdwara Mines Owners Association and anr. Vs. State of Raj. and ors.
Court: Rajasthan
Decided on: Oct-08-1996
Reported in: 1997(1)WLC720; 1996(2)WLN270
R.R. Yadav, J.1. Instant writ petition has been filed seeking relief to quash circular dated 17.10.87, Anx. 2, circular dated 6.11.87, Anx. 3 and orders dated 15.12.87, Anx. 4 and 5 to the writ petition passed by respondent No. 3.2. The relevant facts necessary for disposal of the present writ petition are that petitioner No. 1 is an Association of Mine-holders while petitioner No. 2 is its president. It is alleged that the Association named as Nathdwara Mines Association is highly interested in the welfare of the lease-holders working at lime stone mines at Nathdwara and Udan etc.3. It is averred in the writ petition that mining leases of lime stone are regulated by Rajasthan Minor Mineral Concession Rules, 1986 (hereinafter referred to as the Rules of 1986). It is also averred in the writ petition that procedure for assessment of royalty has been prescribed under rules 38 and 68 of the Rules of 1986. It is further alleged in the writ petition that if the respondent No. 2 intends to c...
Madhav Prakash Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Oct-07-1996
Reported in: AIR1997Raj166; 1997(1)WLC25; 1996(2)WLN173
Verma, J.1. This special appeal is directed against the Judgment and order of learned single Judge in S. B. Civil Writ petition No. 2771 of 1995, decided on 6-5-1996. The petitioner/appellant who had passed the Senior Secondary Examinations from the Board of Secondary Education, Ajmer in the year 1995, Securing 591 marks out of 900 marks (Approximately 65.66%), had applied for admission to STC course for which the requisite qualifications advertised as per letter No. P-12(1) Edn.1/94 dated 18-8-1994 were 10 + 2 Examination. As per the petitioner-appellant, there is a provision for relaxation in the educational qualification in regard to reserved category, in case the candidates possessing 10 + 2 examination qualification are not available. In such circumstances/ the qualifications are said to have been relaxed to Secondary Examination. It is further mentioned that as per the above said letter/advertisement, 5 bonus marks are also to be awarded to those candidates who are dependants of ...
Pramod Chand Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Oct-07-1996
Reported in: (1997)IIILLJ879Raj
Verma, J.1. This appeal is directed against the order of learned Single Judge passed in S.B. Civil Writ Petition No. 4514/89 (Pramod Chand Bhandari v. State), dated October 18, 1993 with the prayer that the Respondent No. 2 may be directed to take the petitioner on duty on the establishment of Jodhpur Sahkari Upbhokta Wholesale Bhandar Ltd., Jodhpur. The facts of the case as narrated in S.B. Civil writ petition No. 4514/89 are that the petitioner who had been appointed as LDC with respondent Jodhpur Sahkari Upbhokta Wholesale Bhandar (for short as 'Bhandar') in the year 1975 and was the senior most employee amongst the ministerial staff, being at S.No. 1 in the seniority list of the staff, circulated in the year 1986 as per Annex. 1 attached with writ petition. According to the petitioner, without there being any reason whatsoever and exercising the powers conferred under Section 78(1) of the Rajasthan Co-operative Societies Act, 1965, the Registrar had passed an order for liquidation ...
NalIn Dosi Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Oct-07-1996
Reported in: 1997(2)WLC337; 1996(2)WLN168
R.R. Yadav, J.1. The petitioner has filed the instant writ petition seeking a relief for quashing the order dated 8.9.92 Annx. 3 to the writ petition enhancing the dead-rent from Rs. 6500/- to Rs. 25,000/- per annum.2. Facts of the present case are not disputed between the parties. Admittedly, the petitioner was granted a mining lease for mineral Marble in village Ambay Tehsil Dhariawad District Udaipur for an area measuring 100 x 100 Mts. by order dated 24.3.92 Annx. 1 to the writ petition.3. It is evident from the order dated 24.3.92 Annx. 1 to the writ petition that the annual dead-rent was fixed at the rate of Rs. 6,500/-per annum which was liable to be revised after five years in accordance with the provisions of Sub-rule (3) of Rule 18 of the Rajasthan Minor Mineral Concession Rules, 1986 (hereinafter referred to as 'the Rules of 1986).4. It. appears that the State Government vide its Notification dated 10.6.92 amended the rates of dead-rent contained in Schedule II appended to t...
Ram Niwas Vs. the State of Rajasthan and ors.
Court: Rajasthan
Decided on: Oct-07-1996
Reported in: 1996(2)WLN266
N.K. Jain, J.1. By this writ petition, the petitioner seeks a direction to be issued to the respondents to transfer the investigation of the F.I.R. No. 170/95 lodged under Section 498A, 304B and 201 IPC, P.S. Behror, dated 20.6.1995 and FIR No. 259/95 dated 8.9.95 under Sections 147, 148, 389/388 IPC of P.S. Behror, District Alwar, Rajasthan to C.B.I. or any other independant investigating agency.2. It is alleged that Smt. Krishna daughter of the petitioner was married with one Sandeep son of Bir Singh, Sarpanch at Behror on 12.12.1994 and within six years of the marriage she expired on 14.6.1996 and there is sufficient material of continuing harassment, torture and demand of dowry on the record to prove that her death was not natural, and on this basis he lodged F.I.R. No. 170/95 dated 20.6.95 at P.S. Behror. The petitioner approached their lordships of the Supreme Court by filling an S.L.P. on 7.5.95 but the same was withdrawn, with a direction to approach the High Court. Now the pet...
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