Rajasthan Court July 1997 Judgments
Jaldai Shramik Kalyan Sangh Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Jul-31-1997
Reported in: (1997)IILLJ161Raj
ORDERV.G. Palshikar, J. 1. This petition is filed by a Union registered under the Indian Trade Unions Act, bearing Registration No. 86 the Registration having been made on August 6, 1986. Its members comprised of the employees of the Public Health Engineering Department, working in the State of Rajasthan. This is alleged to be a representative petition on behalf of workmen who are members of the Union and whose names are mentioned in the Schedule attached to the petition.2. On September 1, 1986 a Circular was issued by the Government stating that these employees, who are members of the petitioner-Union were not entitled to payment for weekly holidays and the payments already made should be recovered. These Circulars are impugned in this petition.3. It will be worthwhile to note the prayers verbatim.'(a) The respondents be directed to pay to the workmen mentioned in the Schedule, salary in the regular pay scale on and from the date they came in service and regularise their payment. The ...
Tag this Judgment!Abdul Rashid Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jul-30-1997
Reported in: 1998CriLJ26; 1997(3)WLC477; 1997(2)WLN183
ORDERB.J. Shethna, J. 1. Heard the learned counsel Shri Khan for the petitioner and Shri Patel and Shri Bhati for the Respondent State.2. This revision petition is directed against the order dated 28-6-1997 passed by the learned Chief Judicial Magistrate in criminal case No. .../97. By the impugned order learned Magistrate held that the petitioner was not competent to file complaint under Section 13(3) of the Official Secrets' Act, 1923 (for short the Act) and dismiss the complaint on the ground that no sanction was obtained under Section 13(3) of the Act for the offences punishable under Section 124A and 153A, I. P. C. by the complainant. 3. Learned counsel Shri Khan vehemently submitted that any party in person can put the criminal law into motion and at least his FIR could not have been dismissed as the learned Magistrate has not yet taken cognizance of the case. He also submitted that having sent the matter for investigation under Section 156(3), Cr. P. C. for investigation to the ...
Tag this Judgment!ShahbuddIn Gouri Vs. Fazal Khan
Court: Rajasthan
Decided on: Jul-30-1997
Reported in: 1997(2)WLN182
Shiv Kumar Sharma, J.1. In exercise of inherent powers under Section 151 of the Code of Civil Procedure the learned trial court issued directions to provide police help for implementing its order dated November 22, 1993. Against this order that the present action for filing the revision has been resorted to.2. The plaintiff non-petitioner (for short the plaintiff) instituted a suit for permanent injuction against the defendant petitioner (for short the defendant). The learned trial court on an interim application of the plaintiff, passed an order on November 22, 1993 directing the defendant to make the repair of broken 'Dar' of the roof by cement and Bajri within fifteen days failing which the plaintiff shall have the right to make the said repair. On June 2, 1994 the plaintiff made an application under Section 151 CPC to the effect that the defendant did not comply the orders of the court therefore he be permitted to make the said repairs. The learned trial court allowed the applicati...
Tag this Judgment!Jagdish and ors. Vs. State of Rajasthan and anr.
Court: Rajasthan
Decided on: Jul-29-1997
Reported in: II(1998)DMC619; 1997(1)WLC437
S.C. Mittal, J.1. This petition under Section 482, Criminal Procedure Code is directed against the order dated 21.12.1994 passed by learned Additional Chief Judicial Magistrate, Suratgarh in Criminal Original Case No. 223/94 under Sections 406 and 498A, IPC whereby the application submitted by the petitioners on 7.10.1994 challenging the jurisdiction of the Court was dismissed and ordered to hear the arguments for charge. 2. The SHO, Suratgarh submitted a charge-sheet against the petitioners in the Court of Additional Chief Judicial Magistrate, Suratgarh for offences under Sections 406 and 498A, Indian Penal Code after completing the investigation on a report by Smt. Narayani daughter of Khayali Ram and wife of petitioner No. 1 Jagdish on 22.3.1994 in which she stated that she was married to petitioner No. 1 Jagdish on 7.2.1991 at Manak Khedi according to Hindu rites. Gold and silver ornaments were given to her by her father in the marriage which she entrusted to her mother-in-law peti...
Tag this Judgment!Ramesh Chandra Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jul-29-1997
Reported in: II(1998)DMC662; 1997(3)WLC516; 1997(2)WLN172
Mohd. Yamin, J.1. This is a petition under Section 482, Criminal Procedure Code against the order dated 30.1.1996 passed by the learned Sessions Judge, Rajsamand in Cr. Regular Case No. 14/96 pending in the Court of the Chief Judicial Magistrate, Rajsamand.2.I have heard learned Counsel for the petitioner as well as Counsel for non- petitioner No. 2 Smt. Tamu Bai and the learned Public Prosecutor.3. Facts may be briefly stated. Smt. Lila was admitted in General Hospital, Udaipur and she gave statement to the Station House Officer, Rajsamand on 10.1.1994 to the effect that she was married to Madhav Lal and was happy living with him. Smt. Tamu Bai was her mother-in-law. She used to harass her and even gave beatings on account of household chores. She decided to live separately in the same house. On 15.1.1994 when she was cooking vegetables in kitchen, she poured kerosene oil from the stove and burnt herself. After investigation challan was presented under Sections 306 and 498A of Indian ...
Tag this Judgment!Narendra Singh Vs. the State of Rajasthan
Court: Rajasthan
Decided on: Jul-29-1997
Reported in: 1997(3)WLC319; 1997(2)WLN174
B.J. Shethna, J.1. Heard the learned Counsel for the parties.2. The petitioner accused has challenged in this revision petition the judgment dated 9.12.88 passed in criminal appeal No. 36/85 by the Addl. Sessions Judge, Udaipur, confirming the judgment dated 19.3.84 passed by Munsif and Judicial Magistrate, Salumber in Cr. Case No. 491/82 convicting the accused for offence punishable Under Section 304A, 338, 307 and 279 IPC and passing the order of sentence of two years R.I. and to pay a fine of Rs. 1000/- in default of payment of fine to further undergo one month's S.I. under Section 304A IPC; six months, R.I. and a fine of Rs. 200/- and in default of payment of fine to further undergo one month's S.I. Under Section 338 IPC; One month's R.I. and to pay a fine of Rs. 100/- in default of payment of fine to further undergo 15 day's S.I. Under Section 337 IPC; and one month's R.I. and to pay a fine of Rs. 100/- and in default of payment of fine to further undergo one month's S.I. Under Se...
Tag this Judgment!Man Singh Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Jul-29-1997
Reported in: 1997(3)WLC584; 1997WLC(Raj)UC609; 1997(2)WLN177
V.G. Palshikar, J.1. The petitioner who was Assistant Sub Inspector of Police in Rajasthan Police, has by this petition challenged the order passed by the respondent, State in exercise of its powers under Rule 19 of the Rajasthan Civil Service (Classification, Control & Appeal) Rules, 1958 (hereinafter referred to as 'the Rules') terminating the services of the petitioner as his conduct had laid to his conviction by court of competent criminal jurisdiction. While passing this order, the fact that the appeal is pending was ignored.2. The petitioner was charged under the provisions of Section 342, 366A and 376 of the Indian Penal Code on the allegation of having abducted and raped a girl called Kalawati. During this trial, proceedings for departmental action against the petitioner under Rule 16 of the Rules was commenced and Circle Inspector was appointed as Enquiry Officer, thus the departmental action for misconduct under the Rules was started, during the pendency of criminal prosecuti...
Tag this Judgment!Khuman Singh Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Jul-29-1997
Reported in: 1997(3)WLC258; 1997(2)WLN153
B.S. Chauhan, J.1. In the Instant writ petition, the petitioner has challenged the order dated 13.6.89 contained in Annexure 4 to this writ petition by which he had been removed from service by the respondent No. 2 and order dated 10.1.1990 contained in Annexure 7 to this writ petition by which his appeal has been dismissed by the respondent No. 3.2. The facts as revealed by the record of the case are that petitioner who was employed as a constable in Rajasthan Police was given a show cause notice on 23rd Jan, 1989 contained in Annexure 1 to the writ petition under Rule 7 of the Rajasthan Police Rules, 1961 and under Rule 6 of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 (hereinafter called the Rules, 1958), Reply to the show cause notice by the petitioner dated 23.9.1989 which is contained in Annexure 2 to the writ petition, was not found satisfactory and thus he was issued memo of charges dated 13.6.1989 contained in Annexure 4 to the writ petition, w...
Tag this Judgment!Purkha Ram and ors. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jul-28-1997
Reported in: 1998CriLJ918; 1998(1)WLC69; 1997(2)WLN165
G.L. Gupta, J.1. The above mentioned two appeals have been directed against the judgment passed by the learned Sessions Judge, Jodhpur on 6th August, 1980 whereby he convicted accused Purkha Ram, Sukh Ram, Bhanwarlal, Geega Ram and Mangilal under Sections 147 and 304, Part II, I.P.C. and sentenced each of them to undergo two years imprisonment under the first count and 4 years' rigorous imprisonment under the second count. Both the sentences were ordered to run concurrently. Accused have preferred Appeal No. 359/80 questioning their conviction. The State of Rajasthan has filed Appeal No. 353/81 challenging the acquittal of the accused under Section 302, I.P.C. Since both the matters have arisen out of one and the same judgment, they have been heard together and are being disposed of by this common judgment.2. The case relates to an occurrence which took place on 29th August, 1979 at about 1.30 p.m. on village Anawas in which Mohan Ram Bawari sustained injuries and he died after some ti...
Tag this Judgment!Raja Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jul-28-1997
Reported in: 1998CriLJ1608
A.S. Godara, J.1. This appeal Has been preferred by the convict appellant being aggrieved by the judgment and order Bated 27-2-97 passed by the learned Addl. Sessions Judge No. 2, Chittorgarh whereby the accused-appellant has been convicted under Section 376/511, I.P.C. and has been awarded a sentence of four years' R. I. and a fine of Rs. 400/- and, in default of payment of fine, one month's S. I.2. Briefly stated, the facts giving rise to the prosecution of the appellant are that P.W. 3 Madan Lal is resident of Village Tamlao while P. W. 4 Smt. Sampat is his wife. P.W. 8 Kum. Sugani is his daughter. Kum. Santosh, who was aged about four years at the time of the alleged occurrence, is their younger daughter. On 2-3-96, Madan Lal along with his wife Smt. Sampat; as well as their son P. W. 5 Badri Lal lodged a verbal report at the Police Station, Rawat Bhata that on 1-3-96 at about 8 P. M, they were present at their house. Their children along with Kum. Santosh were playing outside thei...
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