Rajasthan Court February 1998 Judgments
Panchu Lal Vs. State of Rajasthan
Court: Rajasthan
Decided on: Feb-06-1998
Reported in: 1998(2)WLC400; 1998(1)WLN141
S.K. Sharma, J.1. Admittedly the petitioner was not an accused before the learned trial court. While disposing of Criminal Case No. 434/1987, the learned Additional Civil Judge (Junior Division) and Judicial Magistrate, Tonk, vide his order dated 9.4.1996, convicted and sentenced Rajaram and Lallu Ram under Section 447 of the Indian Penal Code, whereas Manohar Lal and Ram Pyari were acquitted. By the said order the learned trial Court took cognizance against the petitioner under Section 447 of the I.P.C.2. The petitioner preferred revision against the said order but the learned Special Judge (Communal Riots Cases) Additional Sessions Judge, Tonk, vide his order dated August 23, 1997, dismissed the revision. Against the findings of the court below the petitioner Panchu Lal has filed this Criminal Misc. Petition, invoking the powers under Section 482 Cr. P.C. of this Court.3. I bestowed my anxious consideration to the arguments advance by Mr. Narendra Jain, learned Counsel appearing for ...
Tag this Judgment!State of Rajasthan Vs. Nahar Singh and ors.
Court: Rajasthan
Decided on: Feb-05-1998
Reported in: 1998CriLJ1511
Mohd. Yamin, J. 1. This is an appeal on behalf of the State and leave to appeal was granted on 28-7-80. Before proceeding with the case I may narrate the facts as follows.On 5-1-79 at about 12.30 A.M. Mst. Chothi along with her husband went to police station and reported that she had gone to collect fodder at about 5.00 P.M. When she was going to the field of Hemji, accused Nahar Singh and Chell Singh met her in the way. Nahar Singh caught hold of her and felled her on the ground. She made hue and cry but this accused pressed her and started sexual intercourse with her. Her mouth was gagged. She could not make further hue and cry. It was Nahar Singh who covered both of them with a cloth belonging to him. After rape was committed by Nahar Singh it was Chell Singh who also committed the same act with her. Dhanna Kumhar had seen the accused persons committing this nefarious act and therefore, both the accused respondents ran away. She suffered injuries on her cheek. She thereafter went we...
Tag this Judgment!Talib HussaIn Vs. Peer Azhar HussaIn and ors.
Court: Rajasthan
Decided on: Feb-04-1998
Reported in: AIR1998Raj150
ORDERP.C. Jain, J. 1. The petitioner has filed this petition feeling aggrieved by the order dated 8-10-1997 passed by the learned Civil Judge (Jr. Div.), Jodhpur City in civil original suit No. 35/ 96 whereby the learned Civil Judge dismissed his application for being made a party in terms of the provisions contained in Order I, Rule 10. C.P.C.2. I have heard Shri Sharma, learned counsel for the petitioner.3. Relevant facts may be stated shortly as follows. The plaintiff filed a suit for ejectment and arrears of rent against three defendants with the averments that he let out the suit shop to defendant Abdul Jabbar by means of a written rent note dated 21-4-1962. The plaintiff alleged that defendant No. 1 sublet the above shop to the father of defendant No. 2 and thereafter defendants Nos. 1 and 2 in complicity sublet the above shop to defendant No. 3.4. In the application moved by the petitioner under Order I, Rule 10(2), C.P.C. it was alleged that the suit shop does not belong to the...
Tag this Judgment!Mst. Chunni Vs. State of Rajasthan
Court: Rajasthan
Decided on: Feb-04-1998
Reported in: AIR1998Raj152
ORDERG.L. Gupta, J.1. The petitioner's ease is that in the year 1975 a land ceiling case was registered against respondent No. 4 Arjun Rani, her son, under the Rajasthan Imposition of Ceiling on Agricultural Holdings Act, 1973 as in the revenue record the land was entered in the name of respondent No. 4 though the land was being held by them jointly. In that matter, respondent No. 4 submitted his return and pleaded that Khasra No. 696 measuring 22.10 bighas has been given to his mother in partition on 20-12-1972. The Assessing Authority was satisfied with the reply of respondent No. 4 and dropped the proceedings under the Act of 1973. However, the Stale Govt. reopened the ceiling cases on 29-8-1980 and the Addl. Collector, by his order dated 6 -4-1985 held that the land measuring 17-15 bighas of KhasraNo. 696 in Village Asopa was liable to be resumed under the ceiling law. This order was challenged by the petitioner before the Revenue Board in an appeal but the appeal was dismissed on ...
Tag this Judgment!Krishan Kumar Mishra Vs. State of Rajasthan
Court: Rajasthan
Decided on: Feb-04-1998
Reported in: 1998CriLJ1513; 1998(2)WLC492
ORDERV.G. Palshikar, J.1. This revision application is directed against the order dated 4-9-96 passed by the Additional Sessions Judge, Bhilwara in Criminal Case No. 10/93 framing charge under Section 306 of the Indian Penal Code against the applicant accused. The order is assailed on the ground that no case whatever is made out. Even if the entire record in relation to the prosecution, presentation of challan is believed to be true. The learned Counsel appearing on behalf of the petitioner assailed the order as wholly without jurisdiction and suffering from non-application of mind to the facts as revealed by the record- He, therefore, prayed that the order dated 4-9-96, in so far as it frames charge against the applicant, is liable to be quashed.2. Facts giving rise to this revision petition, stated briefly, are that the petitioner is a Factory Manager of a Co-operative Spinning Mill. Gangapur, District Bhilwara and was discharging his managerial duties in the year 1992 as also at the...
Tag this Judgment!J.i. Siddiqui Vs. Union of India (Uoi) and ors.
Court: Rajasthan
Decided on: Feb-04-1998
Reported in: 1998(3)WLC183; 1998(1)WLN140
R.R. Yadav, J.1. The present writ petition has been filed by the petitioner for quashing the sentence of punishment awarded to him in a summary Court Martial.2. It is borne out from the record that the petitioner went to Allahabad to appear in Commissioning Examination with 18th Service Selection Board on 20.7.1997. He was to return to his Unit on disciplinary ground because Col. Gulati had informed 18th Service Selection Board that the petitioner had tried to offer him Rs. 7,000/-as bribe in the form of Demand Draft to help the petitioner in the said examination. It is revealed from the record that consequent upon the order given by the Officiating Administrative Officer, Selection Centre East, Allahabad the petitioner NCO was to return to his Unit without being allowed to go through selection process.3. It is stated in the communication order dated 22.11.1996 Annex. 1 to the writ petition that severe disciplinary action be initiated against the petitioner NCO and a record of his beha...
Tag this Judgment!Phoneix Impex Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Feb-03-1998
Reported in: AIR1998Raj100; 1998(1)WLC725; 1998(1)WLN131
Gupta, J. 1. A ticklish but interesting question to be decided in this appeal is whether the Recovery of Debts Due to Banks and FinancialInstitutions Act, 1993 (Act No. 51 of 1993) is applicable to the recovery of the debts by the Cooperative Bank, due to its members. FACTS FIRST :Appellant M/s. Phoneix Impex had Account No. 1 in the Jodhpur Central Co-operative Bank (respondent No. 2). A sum of Rs. 27,35,649 was outstanding against the appellant on 14-7-1995. A demand was raised by the Bank but the appellant did not deposit the amount. Therefore, the proceedings of recovery were taken under the provisions of the Rajasthan Co-operative Societies Act (to be hereinafter referred to as 'the Rajasthan Act of 1965'). The respondent No. 2 calculated Rs. 37,71,323 as the sum outstanding against the appellant, and issued notification for sale of the property belonging to the appellant. It is on the issuance of the notification that the appellant filed writ petition alleging that the amount sh...
Tag this Judgment!Babu Lal and ors. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Feb-03-1998
Reported in: 1998CriLJ3595; 1998(2)WLC737; 1997WLC(Raj)UC196; 1998(1)WLN125
ORDERV.G. Palshikar, J.1. By this petition, the petitioners have assailed the order passed by the Judicial Magistrate First Class, Jaisalmer in Criminal Case No. 115/1995 framing charge against the accused revision petitioners under Sections 420, 466, 471, 209 and Section 120B of the Indian Penal Code and proceeded to try the same. This order is challenged with order dated 23-9-1996 whereby the learned Judge held that the question of sentences under Section 197 of the Code of Criminal Procedure, in relation to accused No. 1 and 3 does not arise as the offence ultimately committed by them was not so committed in discharge of their duties.2. Both the orders are assailed on the ground that they are unsustainable in law. The first and basic attack is that the proceedings are initiated on a police report which is impermissible in law. No cognizance of the offence with which the petitioners are charged can be taken, except on a complaint to that effect by the Court concerned and, hence in vi...
Tag this Judgment!Smt. Oma Purohit Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Feb-03-1998
Reported in: 1998(2)WLC685; 1998(1)WLN128
R.R. Yadav, J.1. In the present writ petition, the petitioner questions communication/order dated 16.5.1995 Annx. 1 to the writ petition, issued by the Rajasthan Public Service Commission, Ajmer communicating to her that she is not eligible to be appointed on the post of Lecturer (School Education) as she is found to be over-age even after giving relaxation upto age of 40 years as permanent Government employee.2. Indisputably, the petitioner possessed requisite qualification for direct recruitment on the post of Lecturer (School Education) except age on the relevant date, under the Rules application to her, which is condition precedent for her appointment.3. The brief facts for disposal of the present writ petition are that in pursuant to advertisement published by respondent No. 2 inviting applications from the eligible candidates for direct recruitment to the post of Lecturer (School Education) in various subjects including Hindi, the petitioner applied for the said post in Hindi. It...
Tag this Judgment!Sukhpal Singh Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Feb-02-1998
Reported in: AIR1998Raj103; 1998(1)WLN118
ORDERB.S. Chauhan, J. 1. The instant writ petition has been filed against the judgment and order dated 29-11-1992 contained in Annexure-3 to this writ petition, which has been passed by the Board of Revenue (respondent No. 2) rejecting the revision filed by the petitioner against the order of theRevenue Authority dated 31-1-1992 containedin Annexure-P.2 to the petition passed on hisapplication under Order 7, Rule 11 of the Code of CivilProcedure in the suit pending before the saidauthority. 2. The brief facts of the case, as revealed by the record, are that the petitioner-defendant arid respondent No. 3-plaintiff are real brothers and respondent No. 4 Smt. Gurdev Kaur is their sister, Their father Ishar Singh was holding a (sic) land in Chak No. 5-MLD (B), tehsil (sic) district Sri Ganganagar, who died on 12-11-1987. The petitioner-defendant got the mutation of the whole land in his favour on the strength of a Will purported to have been executed by his father Ishar Singh. The responde...
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