Rajasthan Court December 1996 Judgments
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Pratap Lal Vs. Smt. Kundana
Court: Rajasthan
Decided on: Dec-12-1996
Reported in: AIR1997Raj158
Bhagwati Prasad, J.1. In this appeal the husband who was petitioner in the divorce petition has contested the findings of Family Court, Udaipur wherein on issues Nos. 1 and 2 case of the petitioner-appellant was negated by the Family Court.2. The case of the appellant is that his wife Smt. Kundana suffers from mental disorder and leprosy, therefore, a decree of divorce should be granted. The trial Court found that no evidence of mental disorder has been put forward to bring home the charge levelled by the appellant-husband that the respondent-wife suffers from such kind of mental disorder that the marriage should be dissolved. On the count of nature of skin disorder, which is alleged to be leprosy, it has been found that the appellant has failed to produce any evidence of the nature that the respondent-wife suffers from virulent, incurable leprosy. At the request of the appellant we summoned the respondent-wife to the Court and had occasion to observe her keenly and questioned her abou...
ishari Singh Vs. State of Rajasthan and anr.
Court: Rajasthan
Decided on: Dec-12-1996
Reported in: 1997CriLJ2222; 1997(3)WLC253; 1996(2)WLN477
ORDERAmaresh Ku. Singh, J.1. Heard the learned counsel for the petitioner, learned Public Prosecutor for non-petitioner No. 2 and the learned counsel for non-petitioner No. 2.2. This criminal miscellaneous petition under Section 482 of the Criminal Procedure Code is directed against the order dated 1st July, 1996 passed by the learned District and Sessions Judge, Hanumangarh in Criminal Revision No. 44/96 whereby he accepted the revision petition and set aside the order passed by the learned Chief Judicial Magistrate, Hanumangarh, on 23rd January, 1996. By the aforesaid order dated 23rd January, 1996 the learned Chief Judicial Magistrate, Hanumangarh took cognizance of the offences punishable under Sections 279, 337 and 304A of the Indian Penal Code on the basis of final report submitted under Section 173 of the Criminal Procedure Code in relation to Criminal Case No. 650/95 registered at Police Station, Hanumangarh.3. The facts of the ease may be briefly summarised as below:On 1st Dec...
Roshan Lal Vs. State of Raj.
Court: Rajasthan
Decided on: Dec-12-1996
Reported in: 1997(1)WLC554; 1996(2)WLN474
M.A.A. Khan, J.1. By his impugned judgment and order dated October 15, 1992 the learned Sessions Judge. Byana, Distt- Bharatpur has confirmed the conviction of sentence of the petitioner for the offences under Sections 420 and 467 I.P.C. on the basis of following facts--The petitioner was the recorded tenant of Khasra Plot Nos. 1332 admeasuring 3 bighas. 17 Biswas and 1333 admeasuring 4 Bighas 19 Biswas situate at Weir. Hadain Patti. Distt-Bharatpur. It was alleged that the petitioner had mortgaged the said land, alongwith some other lands with the State Bank of Bikaner and Jaipur at Bharatpur on 13.11.1969 to secure a loan of Rs. 7,000/-. However, on 26.5.1971 the petitioner sold the aforesaid land to PW-3 Jagdish Prasad for a consideration of Rs. 10,500/-and also delivered the possession thereof to the purchaser. It appears that the State Bank of Bikaner and Jaipur had unsuccessfully proceeded against the petitioner in the year 1972-73 for recovery of its loan. In the year 1976 PW-3 ...
Darab Singh and ors. Vs. State of Raj.
Court: Rajasthan
Decided on: Dec-12-1996
Reported in: 1997(1)WLC605; 1996(2)WLN483
M.A.A. Khan, J.1. The petitioners were convicted by the trial court of the offences under Sections 323, 341, 448 & 147 IPC and sentenced to undergo simple imprisonment for one month each and also to pay a fine of Rs. 100/- each. In appeal, the learned Sessions Judge confirmed the conviction for the aforesaid offences but instead of awarding sentence of any kind to them at that stage directed their release on probation for two years for being of good conduct, to keep peace and not to repeat similar offences in future during the said period of probation. The amount of fine was directed to be appropriated towards cost of litigation.2. The only contention of the petitioners in this petition is that since they happen to be in the employment of a factory they are likely to be thrown out of employment if it is not mentioned in the order that the conviction recorded against them shall not come in the way of their employment. In support of such contention the learned Counsel for the petitioners...
Radhey Shyam and ors. Vs. Meera Devi and anr.
Court: Rajasthan
Decided on: Dec-11-1996
Reported in: II(1997)DMC581; 1997(1)WLC567
M.A.A. Khan, J.1. Since both these Revision Petitions Under Section 397, Cr. P.C. arise out of the same order of the learned Addl. Sessions Judge dated April 9, 1992 passed Under Section 397, Cr. P.C. whereby the learned Addl. Sessions Judge reversed the order passed by the learned Addl. Chief Judicial Magistrate, Kishangarh Bas, Alwar, in Criminal Case No. 65/1990 dismissing respondents application Under Section 125, Cr. P.C. for grant of maintenance to them, these were heard together and are being disposed of by this common order. The main order shall be placed on the file of S.B. Cr. Revision Petition No. 100/92 Radhey Shyam v. Smt. Meera Devi & Anr., and a copy thereof shall be placed on the file of the other petition.2. Respondent Smt. Meera Devi and her minor son Satyanarain had filed an application Under Section 125, Cr. P.C. in the Court of Addl. Chief Judicial Magistrate, Kishangarh Bas, Alwar on 7.12.1990 alleging herein that Smt. Meera Devi was married to Shri Ram Avtar peti...
Gyatri Bai Vs. Ram Karan and anr.
Court: Rajasthan
Decided on: Dec-11-1996
Reported in: II(1997)DMC139
N.C. Kochhar, J.1. The facts, giving rise to this petition under Section 482 ofthe Code of Criminal Procedure, 1973 ('the Code'), are as under :On 21.2.1991, the petitioner, Gyatri Bai had filed an application underSection 125 of the Code, in the Court of learned Additional Chief Judicial Magistrate (ACJM), Chhabr, District Baran, stating that she is the lawfully wedded wifeof the respondent No. 1, Ramkaran, and two daughters of the wedlock had been born to her, but that the respondent No. 1 had been treating her with cruelty and had refused and neglected to maintain her and the two daughters of the wedlock and had also contracted a second marriage. The said application was contested by the respondent No. 1, Ramkaran, who denied having treated the petitioner with cruelty and stated that the petitioner was living, without any sufficient cause,away from him and had not returned to him in spite of the efforts made by him, in this regard. It was also pleaded that the petitioner was in a po...
Gyatri Bai Vs. Ramkaran and ors.
Court: Rajasthan
Decided on: Dec-11-1996
Reported in: I(1997)DMC192; 1996(2)WLN467
N.C. Kochhar, J.1. The facts, giving rise to this petition under Section 482 of the Code of Criminal Procedure, 1973 ('the Code'), are as under ;2. On 21.2.1991, the petitioner, Gyatri Bai had filed an application under Section 125 of the Code, in the Court of learned Additional Chief Judicial Magistrate (ACJM), Chhabra, District-Baran, stating that she is the lawfully wedded wife of the respondent No. 1, Ramkaran, and two daughters of the wedlock had been born to her, but that the respondent No. 1 had been treating her with cruelty and had refused and neglected to maintain her and the two daughters of the wedlock and had also contracted a second marriage. The said application was contested by the respondent No. 1, Ramkaran, who denied having treated the petitioner with cruelty and stated that the petitioner was living, without any sufficient cause, away from him and had not returned to him inspite of the efforts made by him, in this regard. It was also pleaded that the petitioner was ...
Mahendra Singh Bhati Vs. State of Rajasthan and anr.
Court: Rajasthan
Decided on: Dec-11-1996
Reported in: 1997(1)WLC338; 1996(2)WLN470
R.R. Yadav, J.1. The petitioner has filed the present writ petition seeking a relief for direction to the respondents to appoint him as a Junior Accountant against the reserved quota for Ministerial Staff as envisaged under Sub-rule (iii) of Rule 6 of the Rajasthan Sub-ordinate Accounts Service Rules, 1963 (hereinafter referred to as 'the Rules of 1963).2. Brief facts necessary for disposal of the instant writ petition are that the respondent-Rajasthan Public Service Commission, Ajmer (hereinafter referred to as 'the R.P.S.C) advertised 750 vacant posts of Junior Accountants vide Advertisement, the petitioner was appointed as Lower Division Clerk on 9.4.1979 and was confirmed on the said post on 29.1.1981. At the time when the petitioner applied for the post of Junior Accountant in pursuance of Advertisement No. 4/90-91, he was working as an ad hoc Upper Division Clerk and was posted at Government Secondary School, Village Adarsh Doongari, District Sirohi. A typed copy of the promotion...
State Through District and Sessions Judge Vs. Babulal, President of Ba ...
Court: Rajasthan
Decided on: Dec-10-1996
Reported in: 1997(1)WLC636; 1996(2)WLN463
M.G. Mukherji, C.J.1. Shri Bahadur Singh Chandrawat was District & Sessions Judge at Pratapgarh. The members of the Bar Association and specially its President Sri Babulal made a complaint before the Chief Justice of the High Court alleging misbehavior by the District & Sessions Judge in relation to the day to day conduct of cases. This led admittedly to an enquiry by the Registrar of Vigilance before whom several affidavits were filed by the members of the Bar Association including the President. Besides denying the allegations made against him, Shri Bahadur Singh Chandrawat has very categorically stated that the complaint in question is virtually not the complaint by the Bar Association, Pratapgarh but the same has been engineered by the complainant by misusing the name of Bar Association, since the President of the Bar Association was involved in the matter. In support of his contention, Shri Bahadur Singh Chandrawat has sent photostat copies of affidavits of as many as 15 advocates...
Km. Rajshri Mitra Vs. Kendriya Vidyalaya Sansthan and ors.
Court: Rajasthan
Decided on: Dec-10-1996
Reported in: 1997(1)WLC395; 1996(2)WLN466
N.K. Jain, J.1. By this writ petition, the petitioner seeks a direction to be issued to the respondent No. 2 for re-evaluation of the Subject No. 043 (Chemistry Theory) for Roll No. 1206082.2. The respondents have filed reply and submit that the petitioner has already been intimated that they have already scrutinised the marks after re-checking of the result and no mistake has been detected. It is stated that there is no provision for re-evaluation of the marks as prayed for. Reliance has been placed on the decision of the Apex Court rendered in Central Board of Secondary Education and Anr. v. Parents Forum for Meaningful Education and Ors. bearing No. SLP (Civil) No. 17165/93 decided on 5.11.95 wherein the direction given by the High Court to the Board to consider the question of reintroducing the system of re-evaluation of answer sheets was repelled holding that in view of the law laid down by this Court, no direction can be given to the Board to introduce the system of re-evaluation...
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