Rajasthan Court August 1996 Judgments
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Heera Lal Ramji Lal Industrial Mills Vs. Food Corporation of India
Court: Rajasthan
Decided on: Aug-14-1996
Reported in: 1996(2)WLN80
P.C. Jain, J.1. The appellants-petitioners have filed this appeal under Section 13(1)(iv) of the India Arbitration Act, 1940 (for short that Act) against the judgment of Shri Amar Singh Godara, learned Addl. Distt. Judge No. 1, Hanumangarh dated 30.6.1981 passed in Civil Misc. Application No. 40/78, whereby the learned Addl. Distt. Judge allowed the application filed by the respondent under Section 20 of the Act and made an order of reference of the dispute to the arbitration in terms of Clause (19) of the agreement to have been executed between the parties.2. The relevant facts, in so far as they are relevant for the disposal of this appeal, may be stated as follows. The respondent, a statutory body, invited tenders for appointing a contractor for loading/unloading and transportation of foodgrains etc. In and round Hanumangarh town for a period of two years from 1.5.75 on the conditions mentioned in the notice inviting tenders. It is alleged that Shri Balkishan appellant, on behalf of...
Sawa and ors. Vs. State of Raj. and ors.
Court: Rajasthan
Decided on: Aug-14-1996
Reported in: 1997(1)WLC239; 1996(2)WLN636
R.R. Yadav, J.1. This revision is directed against the order dated 11.12.1995 passed by learned Sessions Judge, Sirohi in Criminal Revision Petition No. 46 of 1995 setting aside an interlocutory order dated 8.11.1995 passed by the learned Executive Magistrate, Sirohi in proceedings under Section 147 Cr.P.C.2. Brief facts leading upto filing of this revision petition, are that the petitioners purchased land of Khasra No. 748/2 whereas Khasra No. 748/1 which is adjacent to the aforesaid plot belongs to respondents No. 2 to 15. It is alleged that the petitioners were using the water of 'Tokra Bandh' for the last 30 years for irrigational purposes of their Khasra No. 748/2 having a water channel from middle of Khasra No. 748/1 belonging to respondents No. 2 to 15 and as such they have acquired easementry rights to irrigate their field from the water channel in question.3. It is also alleged that respondents No. 2 to 15 are in habit of creating obstructions by breaking the water channel due...
Bhoora Lal and ors. Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Aug-14-1996
Reported in: 1996WLC(Raj)UC379; 1996(2)WLN619
R.R. Yadav, J.1. Facts of the present case are not disputed. It is evident from perusal of the order passed by both the courts-below that a complaint was filed before learned Munsif and Judicial Magistrate, Phalodi for the offence under Section 3 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act No. 33 of 1989 (hereinafter referred to as 'Act No. 33 of 1989'), which was sent to Station House Officer, Police Station, Phalodi under Section 156(3), Cr.P.C. for investigation. After receipt of complaint under Section 156(3) Cr.P.C. an FIR was registered and investigation commenced. After investigation, the Investigating Agency submitted a final report: before the learned Munsif and Judicial Magistrate, Phalodi.2. Against submission of final report by the Investigating Agency, a Protest Petition was filed by the complainant, which was rejected and final report was accepted by the learned Munsif and Judl. Magistrate Phalodi on 21.1.94.3. Aggrieved against the accepta...
Ganpat Ram and Co. Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Aug-14-1996
Reported in: 1997(1)WLC32; 1996(2)WLN613
B.R. Arora, J.1. This appeal is directed against the judgment dated 17.4.84 passed by the learned Single Judge, by which the learned Single Judge, relying upon the Division Bench judgment of this Court rendered in Sunder Das Jindal & Co. v. State of Rajasthan and Ors. D.B. Sales Tax Reference No. 14 of 1973 decided on 16.1.84 dismissed the writ petition filed by the petitioner-appellant.2. The appellant-petitioner is a partnership firm and 'A' Class Contractor registered with the Rajasthan Canal Project. The petitioner-appellant entered into a contract with the State Government through the Executive Engineer, 17th Division, Rajasthan Canal Project, Bikaner, for manufacture and supply of twenty-five lacs of tiles of 3 cm x 15 cm x 6 cm and fifty-one lacs of bricks of the size 22 cm x 1 cm x 7 cm by mixing heavy clay/soil with the local soil of kiln No. 766 of RMC and, also, of carriage of coal from Bikaner-Lalgarh/Project Stores at Lalgarh to the kiln situated near RD 766 of the Rajasth...
Rajasthan Board for Prevention and Control of Pollution Vs. Man Proces ...
Court: Rajasthan
Decided on: Aug-14-1996
Reported in: 1996WLC(Raj)UC402; 1996(2)WLN665
Amaresh Ku. Singh, J.1. Heard the learned Counsel for the petitioner and the learned Counsel appearing for the non-petitioners.2. This revision petition under Section 397 Cr.P.C. has been filed against the order dated 29.6.1989 passed by the learned Chief Judicial Magistrate, Pali-Marwar in Criminal Complaint No. 980/79. By this order dated 29.6.1989 the learned Chief Judicial Magistrate, Pali discharged the accused non-petitioners of the offences punishable under Sections 49, 53 and 21 of the Water (Prevention and Control of Pollution) Act, 1974 (referred to hereinafter as 'the Act of 1974') and purporting to act under Section 33 of the Act of 1974 directed that the non-petitioner No. 1 shall conduct its functions in such a manner so as not to pollute against law.3. The facts necessary for the disposal of this revision petition may be described as below--On 7.8.1979 Shri Nawal Kishore Vyas, Advocate counsel for Rajasthan Rajya Jal Pradushan Niwaran Avam Niyantran Mandal submitted a co...
Ramesh Kumar Vs. Smt. Sushila Srivastava
Court: Rajasthan
Decided on: Aug-13-1996
Reported in: 1997CriLJ282
ORDERS.C. Mital, J.1. This revision petition arises out of the order dated 14-8-1986 passed by the learned Sessions Judge, Churu in Criminal Revision No. 86/ 85. whereby, the order dated 20-11-1984 of learned Judicial Magistrate, Churu was set aside and the complaint filed by the petitioner under Section 353 and 504, IPC was dismissed.2. Brief facts giving rise to this revision petition are that the petitioner Ramesh Kumar filed complaint on 30-6-1983 against the non-petitioner under Sections 353, 332, 323 and 504, IPC with the allegations that on 2-6-1983 at 11.30 a.m. he was called by the non-petitioner in the office and immediately started abusing him and said that your father had filed several complaints against her and she will not relieve him. She caught him and pushed down. Shri Ramchandra S/o Shri Kali Charan Sharma, Assistant Teacher, Govt. Higher Secondary School, Churu and Shri Kijevaram, Junior Lecturer Govt. Higher Secondary School, Churu who were sitting in the office saw...
State of Rajasthan Vs. Mst. Bhuri and ors.
Court: Rajasthan
Decided on: Aug-13-1996
Reported in: 1997CriLJ708
Gopal Lal Gupta, J.1. This appeal under Section 378, Cr.P.C. has been directed against the acquittal recorded by the learned Sessions Judge, Merta vide judgment dated 12-4-1978.2. The prosecution case relates to an incident which occurred on 29-9-1976 at 12.00 Noon in village Indokali in which Umaida Ram was murdered and some persons received injuries. The First Information Report of the occurrence was lodged by Ganesh Ram son of deceased at about 1.45 a.m. on 30-9-1976. The learned Sessions Judge framed charges under Section 302, 302 read with 34, 325 read with 34 and 323, I.P.C. All the four accused respondents pleaded not guilty. The prosecution examined 10 witnesses. Accused in their statements recorded under Section 313, Cr.P.C. denied having committed any offence. The plea of the accused Bhagwant Ram was that he was not at the place of occurrence. Hari Ram accused pleaded that when he was collecting grass by a Meli', Umaida, Ganesha and Tulchha went there, abused him and Ganesha ...
Mst. Amri and Etc. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Aug-13-1996
Reported in: 1997CriLJ946
Gopal Lal Gupta, J.1. Mst. Amri and Dhanna have preferred separate appeals against their convictions and sentences recorded by the learned Sessions Judge, Dungarpur vide judgment dated 20-8-1979. They have been sentenced under Section 302, IPC to undergo life imprisonment and pay a fine of Rs. 100A and under Section 201, IPC to undergo 2 years R.I. and pay a fine of Rs. 100/-. Both the substantive sentences were ordered to tin concurrently.2. The case relates to the murder of Bada (70 years). It is on 3-11-1978 Harji informed Station House Officer, Police Station, Simalwada that there was a dead body floating in the well situated near the school. On this report proceedings under Section 174, Cr.P.C. were held. The dead body was taken out and post-mortem was got done by Dr. Shantilal Jain, P. W. 12. When the dead body was taken out of the well, that was identified as that of Bada who according to the family members was missing for some days. Thereafter a case under Section 302, I.P.C. w...
Kalu Vs. Deep Kanwar and ors.
Court: Rajasthan
Decided on: Aug-12-1996
Reported in: 1996(3)WLC532
P.C. Jain, J.1. By the judgment and award dated 31.5.1993, the learned Motor Accidents Claims Tribunal, Pratapgarh (for short 'the Tribunal') has awarded a claim of Rs. 65,000/- in favour of the claimant-respondent Nos. 1 and 2 and directed the appellant to pay the aforesaid amount of award to the claimants within a period of two months from the date of the award, failing which, the above amount of compensation shall carry simple interest at the rate of 12 per cent per annum from the date of the above award.2. The claimant-respondent Nos. 1 and 2 alleged that Bapu alias Balwantsingh was sitting on the tractor No. RJH 7590 belonging to the appellant along with its driver respondent No. 3 Babulal. There was a trolley attached to the tractor. It is alleged that on account of the rash and negligent driving of the tractor by the driver, Bapu fell down from the tractor and was run over by the tractor and trolley, as a result of which, he sustained multiple injuries and ultimately succumbed t...
Shaitan Singh Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Aug-12-1996
Reported in: 1996(2)WLC94; 1996WLC(Raj)UC36; 1996(2)WLN672
G.C. Verma, J.1. The writ petitioner-Shaitan Singh, aggrieved against the judgment dated 6.12.1995 passed in Civil Writ Petition No. 778/94 by the learned Single Judge has filed the present civil special appeal wherein he had impugned the order of terminating his services, Anex.8, and being aggrieved by the judgment of the learned Single Judge has come up in the present appeal.2. The admitted facts, as narrated in the writ petition, are that late Shri Narpat Singh, police constable, father of the petitioner, had died while in service. According to the petitioner he was entitled for the appointment in the Rajasthan State Police Service under the Rules i.e. Recruitment of Dependents of Government Servant dying while in service Rules, 1975 (Hereinafter for short called 'the Rules of 1975'). Despite his having made the application, his request for appointment was not aceeded to, with a result, that he filed S.B. Civil Writ Petition No. 1088/90 and the High Court ultimately allowed the civi...
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