Rajasthan Court November 1997 Judgments
K.K. Sharma and ors. Vs. State of Rajasthan and anr.
Court: Rajasthan
Decided on: Nov-20-1997
Reported in: 1998CriLJ2609; 1998(3)WLC591
ORDERAmaresh Ku. Singh, J.1. Heard the learned Counsel for the petitioners, the learned Public Prosecutor and the learned Counsel for the non-petitioner No. 2. Petitioner No. 4 (Arvind Sharma) is reported to have expired during the pendency of this petition. So far as proceedings relating to Arvind Sharma are concerned they stand abated on account of his death.2. By this petition under Section 402, Cr. P.C. it is prayed that the order dated 8-8-1990 passed by the learned Additional Chief Judicial Magistrate should be quashed. By the above mentioned order the learned Additional Chief Judicial Magistrate took cognizance of the offence under Section 498A, I.P.C. and under Section 4 of the Dowry Prohibition Act on the basis of the final report submitted by the police after conducting investigation relating to First Information Report No. 160/88 which was registered at Police Station, Shastri Nagar, Jodhpur in compliance with the directions issued by the learned Judicial Magistrate under Se...
Tag this Judgment!Rajasthan State Road Transport Corporation and ors. Vs. Laxman Das Mal ...
Court: Rajasthan
Decided on: Nov-19-1997
Reported in: [1998(79)FLR852]; (1998)ILLJ948Raj; 1998(1)WLC681; 1997(2)WLN705
A.S. Godara, J.1. This is Civil Revision Petition under Section 115, C.P.C. by the Rajasthan State Road Transport Corporation, Jaipur (for short 'the Corporation' hereinafter) and its officers against the order dated April 15, 1996 passed by the learned District Judge, Sirohi in Civil Appeal against decree No. 9/1994 whereby the order and direction passed by the learned Authority under the Payment of Wages Act, Sirohi, in claim petition preferred by the non- petitioner No. 1 Laxman Das, workman, was affirmed resulting in dismissal of the appeal preferred by the petitioners.2. Briefly stated, the facts giving rise to the present petition are that the non-petitioner Laxman Das Malik filed three connected separate applications under the provisioas of Section 15(2) of the Payment of Wages Act, 1936 (for short 'the Act of 1936') against the petitioner Nos. 1 and 2 respectively on July 29, 1989, September 12, 1990 and May 19, 1993 which were, lastly, consolidated and were disposed of togethe...
Tag this Judgment!Kailash Chand Vs. State of Rajasthan
Court: Rajasthan
Decided on: Nov-19-1997
Reported in: I(1998)DMC650; 1998(1)WLC468
Rajendra Saxena, J.1. This appeal has been preferred against the judgment dated 29.4.1995 passed by the learned Additional Sessions Judge, Dausa, whereby he convicted the appellant for offence under Section 304B, IPC, and sentenced him to imprisonment for life and a fine of Rs. 2,000/- and in default of payment of fine, to further undergo three months' S.I.2. Briefly the relevant facts for the disposal of this appeal are that on 28.5.1994 PW 7 Mool Chand Meena submitted a typed report Ex. D. 1 to PW 14 Mishrilal, SHO, PS Nangal Rajavatan to the effect that about 3 years ago the marriage of his daughter Smt. Rampati was solemnized with appellant Kailash, that for last two years, she was living with her husband in Village Chharera from where she used to come to her parental house off and on and that Rampati gave birth to a male child about a year back, who died. Smt. Rampati was subjected to cruelty and harassment by her husband Kailash alleging that she did not bring sufficient dowry; t...
Tag this Judgment!Gajraj Singh and ors. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Nov-19-1997
Reported in: II(1998)DMC679
Rajendra Saxena, J.1. Appellant Gajraj Singh, his father and mother (Chandrabhan and Smt. Chand Kaur respectively) faced trial before the learned Additional Sessions Judge, Behror for offences under Sections 498A, 304B, 302, Indian Penal Code and under Sections 3 and 4 of the Dowry Prohibition Act, who by his judgment dated 31.8.1996 acquitted all the appellants for offences under Sections 498A and 304B, Indian Penal Code, and under Sections 3 and 4 of the Dowry Prohibition Act, but convicted them for the offence under Section 302, Indian Penal Code and sentenced each one of them to life imprisonment with a fine Rs. 1,000/-, in default of payment of fine to further undergo simple imprisonment for six months.2. Succinctly stated, the prosecution case is that on 25.6.1987at about 5.45 a.m., deceased Smt. Indira (w/o appellant Gajraj Singh), who had extensive burns on her body, was brought by appellant Chandra Bhan to the General Hospital, Narnaul (Haryana). PW 2 Dr. O.P. Sarowa, the Duty...
Tag this Judgment!Kan Singh and ors. Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Nov-19-1997
Reported in: 1998CriLJ3163; 1998(2)WLC99; 1997(2)WLN694; 1998(1)WLN433
B.S. Chauhan, J.1. The instant writ petition has been filed for quashing the order dated 14-10-1993 passed by the State Government and the orders dated 26th October, 1993 and 30th April, 1994, passed by the learned Addl. Chief Judicial Magistrate, Jodhpur, contained in Annexures 8, 9 and 11 to the writ petition.2. The case has already made a checkered history though the investigation has not yet been completed. The factual matrix of the case reveal that the petitioner No. 3 Mr. Madhav Singh got married to the respondent No. 3 Smt. Usha Rani on 19-1-1989. The petitioner No. 3 left for the United Statevof America on 9th February, 1989, giving assurance to the respondent No. 3 that he would call her there at the earliest and would make all arrangement for visa etc. However, it appears that relationship of respondent No. 3 became strained with her husband, petitioner No. 3, as well as other family members, who are the present petitioners. The respondent No. 3 filed a complaint on 23-3-1992...
Tag this Judgment!Municipal Board Bandikui Vs. Kamla Prasad and anr.
Court: Rajasthan
Decided on: Nov-19-1997
Reported in: 1998(2)WLC65; 1997(2)WLN674
Arun Madan, J.1. This matter has been heard and this is being decided finally at the admission stage itself. The short point which is relevant for deciding the instant revision petition is as to whether the learned ACJM Bandikui District Dausa was justified in passing the impugned-order dated 16.10.1996 whereby, the petitioner's complaint against the accused-respondents in respect of offences under Sections 170, 173 (Ka), 194 and 203 of the Municipality Act was dismissed applying the ratio of the decision of the Apex Court in the matter of Common Cause a Registered Society through its Director v. UOI and Ors. reported in 1996 Cr. L.J. page 430 on the ground that since the proceedings pending between the parties as regards the aforesaid offences to which the procedure of summons case was applicable as the same had been pending trial for more than 2 years after taking cognizance of the same by the trial Court, the prosecution has taken no steps to proceed with the trial for the reasons t...
Tag this Judgment!Union of India (Uoi) and ors. Vs. Ex Sepoy Chander Singh
Court: Rajasthan
Decided on: Nov-19-1997
Reported in: 1998(1)WLC646; 1997(2)WLN675
B.S. Chauhan, J.1. This is an appeal under Section 18 of the Rajasthan High Court Ordinance against the judgment and order of the learned Single Judge dated 28.5.1997 passed in S.B. Civil Writ Petition No. 358/1991 by which the writ petition of the respondent-petitioner has been allowed with cost of Rs. ten thousand and quashing the order of dismissal from service and he has been allowed to be reinstated with full back wages.2. The respondent-petitioner joined the Indian Army as a combatant Sepoy in the trade of cook on -21.2.83 and when he was on duty on 15.8.1990, some altercation took place and he became very furious and assaulted Naib Subedar Jaswant Singh by giving him a slap. Respondent-petitioner was arrested immediately after the incident and detained in military custody. A summary of evidence was recorded on 17.8.1990 and he was court martialled by summary court martial on 17.9.1990 awarding punishment of dismissal from service and six months' rigorous imprisonment. His repres...
Tag this Judgment!Smt. Premlata Vs. State of Rajasthan
Court: Rajasthan
Decided on: Nov-18-1997
Reported in: 1998CriLJ1430; 1998(3)WLC102
ORDERAmaresh Ku. Singh, J.1. Heard the learned counsel for the petitioner and the learned Public Prosecutor.2. By this petition under Section 482, Cr.P.C. the petitioners has prayed that the charges framed against her by the learned Chief Judicial Magistrate, Dungarpur in criminal case No. 614/ 93, under Sections 120B, 474, 471, 420 and 198, I.P.C. be quashed.3. The facts of the case so far as they are relevant for the disposal of this petition may be summarised as below ;The applications were invited from the candidates by Mahila Vikas Abhikaran, Dungarpur for appointment as 'Pracheta'. A copy of the notification which is in the file of the lower Court shows that the educational qualifications required for appointment were that the candidate must have passed Higher Secondary Examination or an equivalent examination; must he having experience of five years of working in villages (rural areas) and departmental training if any. According to the notification only those candidates were eli...
Tag this Judgment!Ramavatar Vs. State of Rajasthan and 21 ors.
Court: Rajasthan
Decided on: Nov-18-1997
Reported in: 1998(2)WLC173; 1997(2)WLN656
Arun Madan, J.1. Heard learned Counsel for the Petitioner. Learned Public Prosecutor accepts notice. Since the case has been heard and its being finally decided by this Court at the admission stage itself, formal notice to the accused is waived.2. This revision petition has been preferred against the impugned order, dated 8.1.1997 passed by Addl. Chief Judicial Magistrate, Fatehpur Shekhawati in criminal case No. 441/87 titled State. v. Durga Ram and Anr. whereby the learned trial court had acquitted the accused of offence punishable under Sections 147, 148, 149, 323, 325, 427 and 448/149 IPC.3. The case of the complainant in short is that in pursuance of an FIR dated 29.8.1987 which was lodged by the petition-complainant with police station Fatehpur Shekhawati against the accused-non- petitioners, the accused on the day of occurrence, i.e. 29.8.1987 had criminally trespassed into the premises of the complainant with apparent motive of assaulting the complainant and causing grievous hu...
Tag this Judgment!B.G. Singh and anr. Vs. State of Rajasthan and anr.
Court: Rajasthan
Decided on: Nov-18-1997
Reported in: 1998(2)WLC671; 1998(1)WLN542
Amaresh ku. Singh, J.1. Heard the learned Counsel for the petitioners and the learned Public Prosecutor and perused the original record of the criminal case No. 285/93 State v. B.G. Singh and Ors.2. This petition under Section 482 Cr. P.C. is directed against the order dated 29.6.1993 passed by the learned Additional Chief Judicial Magistrate, Suratgarh, where by he took cognizance of the offences under Sections 436 and 380 I.P.C. against the petitioner B.G. Singh and R.S. Verma as well as against Prithvi Jakhad and Gulab Chand on the basis of the Final report submitted under Section 173 Cr. P.C.3. In short the allegation are that in front of Central State Farm there were shops constructed by the Farm and near those shops the complainant Milakh Raj set up cabins in which he was running shop of cycle repair. Milakh Raj obtained land from Municipal Board on payment of licence fee but it appears from the record that for the last few years before the alleged occurrence the Municipal Board ...
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