Rajasthan Court March 1998 Judgments
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Noor Khan Vs. State of Rajasthan
Court: Rajasthan
Decided on: Mar-17-1998
Reported in: 1(1998)ACC362; 1998(2)WLC676
Shiv Kumar Sharma, J.1. Core question that cropped up for consideration in the instant petition is, as to whether the provisions contained in Section 457 of the Code of Criminal Procedure (for short the Cr.P.C.) are attracted in respect of vehicles seized under Section 207 of the Motor Vehicles Act, 1988 (for short the M.V. Act).2. This question emerges in the circumstances set out below-(i) The petitioner is the registered owner of Jeep No. RJ 29 C 0058 on November 11, 1997, the Motor Vehicles Inspector Dausa seized the said Jeep under Section 207 of the M.V. Act on the allegation that it was found plying by driver Nasir Khan without having Registration Certificate OTT (one time tax) Insurance Certificate, Driving Licence and Permit Certificate. Eleven passengers were found travelling and it was being used on hire reward. Seizure memo of the Jeep was prepared by the Inspector and it was got signed by the driver Nasir Khan.(ii) An application under Section 457, Cr.P.C. was filed by the...
Bhoora Ram and ors. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Mar-11-1998
Reported in: 1998CriLJ3440
G.L. Gupta, J.1. Through this appeal appellants Bhura Ram, Hari Ram, Jeevan Ram, Rawat Ram and Gokul Ram have called in question the judgment of the learned Addl. Sessions Judge, Nagaur dated 15-3-1983 whereby he convicted appellant Bhura under Sections 147, 302/149, 325 and 323/149 and the other appellants under Sections 147, 302/149, 325/149 and 323/149, I.P.C. and sentenced them as follows :-u/S. 147, I.P.C. One year R.I. and a fine of Rs. 100/-, in default one month R.I.u/Ss. 302/149 Life Imprisonment and a fine of Rs. 100/- in default one month R.I.u/S. 325 or 2 years R. I. and a fine325/149 of Rs.100, in default one month R.I.u/Ss. 323/147 One month R.I.All the substantive sentences were ordered to run concurrently.2. The case relates to an occurrence which took place on 18-9-1980 at about 7.45 a.m. in the town of Nagaur in which injuries were caused to Sanwata Ram (deceased) and Jhumer Ram, P.W. 4. The prosecution case is that Sanwata Ram (deceased), Jhumer Ram, P.W. 4 and Sarup...
Dr. Padam Kumar JaIn Vs. State of Rajasthan
Court: Rajasthan
Decided on: Mar-11-1998
Reported in: 1998CriLJ4645; 1999(1)WLC218; 1998(1)WLN265
ORDERShiv Kumar Sharma, J.1. The grievance expressed by the petitioner Dr. Padam Kumar Jain, a Judicial. Officer of Rajasthan Higher Judicial Service, over the caustic and severe censure made against him by a single Judge (Hon'ble Y.R. Meena J.) of this Court in an order dated August 29,1996 in S.B. Criminal Misc. Petition No. 125/1996 (defect). The petitioner moved this Court by way of a petition Under Section 482, Cr.P.C. to have those disparaging remarks expunged but instead of getting them erased the learned Judge on June 9, 1997 disposed of the petition thus -I deem it proper that remarks passed in my order in case S.B.Cr. Misc. Petition No. 125/96 and the remarks communicated to petitioner by the District Judge, Tonk should not come in the way of the service career of petitioner. It is therefore, ordered that the observations made by me in order dated 29-8-96 and also the remarks communicated by the District Judge, Tonk vide letter dated 14-3-97 shall not affect the service caree...
Jafarullah Vs. Kota Open University and ors.
Court: Rajasthan
Decided on: Mar-11-1998
Reported in: 1998(3)WLC269; 1998(1)WLN272
B.S. Chauhan, J.1. The instant writ petition has been filed for quashing the order dated 16.12.1994 contained in Annexure. 10 to the petition, by which the promotion given to the petitioner had been withdrawn by the respondent university.2. Petitioner was appointed as Computer Programmer cum Operator in the respondent university vide order dated 5/6th April, 1989. Vide order dated 9.1.1990, the Vice Chancellor of the respondent university sanctioned the pay scales under the Rajasthan Civil Services (Revised Pay Scales) Rules, 1989 to the employees of the university. As the Rules of 1989 were made applicable with effect from 1.9.1988, the pay scale for the post of Computer Programmer cum Operator was prescribed as Rs. 2000-3200/- as is evident from Annexure. 3 to the petition. Petitioner made various representation to grant the said revised pay scale but the same was not considered. Being aggrieved and dissatisfied, petitioner approached this Court by filing S.B. Civil Writ Petition No....
R.S.E.B. Vs. Deepak Oils
Court: Rajasthan
Decided on: Mar-10-1998
Reported in: AIR1998Raj176
Mohd. Yamin, J. 1.This appeal on behalf of the Rajasthan State Electricity Board has been preferred against the judgment and decree of the learned Addl. District Judge, Bhilwara. M/s. Deepak Oil Mills plaintiff-respondent filed a suit for declaration with following averments. Plaintiff's firm was a registered partnership firm having Rang Lal and Mahesh Kumar as partners. It was carrying on the business of oil production and its sale. the Firm had taken electric connection from the Rajasthan State Electricity Board having account No. 3-6-21. The oil mill which was being run by the plaintiff-respondent was seasonal and used to work from November to May every year. The Firm had an electric meter of 60 horse power. The Electricity Board sent a supplementary bill No. 443709 on 23-3-79 by registered post which mentioned the average consumption. It amounted to Rs. 21,158,40/- and payable till 11-4-79. It was also mentioned in the letter enclosed with the bill that the body seal and the termin...
Abdul Wahid Vs. State of Rajasthan
Court: Rajasthan
Decided on: Mar-10-1998
Reported in: 1998CriLJ3423
G.L. Gupta, J 1. Through this appeal, appellant Hazi Mukhtiyar Ali (since dead) and Abdul Wahid have called in question their conviction recorded by the learned Sessions Judge, Jodhpur vide Judgment dated 17th July, 1993 in Sessions Case No. 207/91 whereby Hazi Mukhtiyar Ali was convicted under Section 302, IPC and Abdul Wahid under Section 302/34, IPC. Both of them were sentenced to undergo imprisonment for life. Hazi Mukhtiyar Ali (to be referred to as 'Hazi' hereinafter) has died during the pendency of the appeal. His appeal has abated.2. The facts, in short, are that Devendra Singhvi and many others were tenants in the premises of Hazi known as 'Hazi building'.There was dispute between the landlord and the tenants. On the fateful day i.e. on 23rd of August, 1991 some repair work was undertaken on the roof. He, followed by Devendra went on the roof of the shop where they saw both the accused quarrelling with the labourers. After some talks. Hazi accused told Anil Kumar and Devendra ...
Jaishree Agro Industries Pvt. Ltd. and ors. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Mar-10-1998
Reported in: 1998CriLJ1865
ORDERA.S. Godara, J.1. This Criminal Misc. Petition has beeri preferred by the petitioners against the order dated 5-9-95 passed by the Chief Judicial Magistrate, Sri Ganganagar in Criminal Case No. 294/95 titled State v. Sohan Lal and Ors. whereby the learned Magistrate has taken cognizance of offences punishable under Sections 17(1)(a) and 18(1)(c) read with Section 29 of the Insecticides Act, 1968 (for short 'the Act').2. Briefly stated the facts giving rise to the present petition are that the petitioner No. 1 is a manufacturer and supplier of insecticides while petitioner Nos. 2 and 3 are its Directors functioning at Delhi. Shri Ramdas Garg, who is Proprietor of M/s. Aggarwal Pesticides Store, Sri Ganganagar, is a local distributor of the insecticides produced by the petitioner-Company who had further suppl ied such production/insecticides to its dealer Mohan Lal, Proprietor of M/s. New Durga Pesticides, Sri Ganganagar.3. Shri B.D. Sharma, Insecticide Inspector, on 4-12-93 inspect...
State of Rajasthan Vs. Kirti Bhargava
Court: Rajasthan
Decided on: Mar-10-1998
Reported in: 1998(3)WLC225; 1998(1)WLN324
Shiv Kumar Sharma, J.1. Instant criminal appeal impugns the judgment dated Sept. 14, 1993 of the learned Munsif and Judicial Magistrate No. 3 Ajmer whereby the accused respondent (for short the accused) was acquitted from the charge under Section 8 of the Rajasthan State Road Transport Corporation (Ticket Less Travel) Act, 1975 (for short the Act).2. Brief resume of the facts is that a complaint was filed by the Rajasthan State Road Transport Corporation (for Short RSRTC) against the accused under Section 8 of the Act in the Trial Court with the allegations that on August 31, 1980 when Inspecting party checked Bus No. 6011 near Octroi Post, Pushkar, eight passengers were found without tickets. On being enquired it was known that the passengers had paid the fair but the accused did not issue them the tickets. The accused was summoned and charge under Section 8 of the Act was framed against him. The accused did not accept the guilt and claimed trial. The prosecution examined as many as f...
Harbans Singh Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Mar-10-1998
Reported in: 1998(3)WLC43; 1998(1)WLN267
B.S. Chauhan, J.1. The instant writ petition has been Tiled for quashing the adverse remarks/strictures against the petitioner by the learned Additional District Judge, Raisinghnagar on 30.11.1995 contained in Annexure. 7 to this petition.2. The factual gamut of the case, as revealed by the record is that the services of the petitioner, a teacher in English language, were transferred from Senior Higher Secondary School, Raisinghnagar to Dabri on 17.6.1995, and in pursuance of said order he stood relieved on 1.7.1995. Petitioner filed suit No. 37/1995 before the Civil Judge cum Judicial Magistrate Raisinghnagar for injunction against the transfer order. In that suit, the interim relief staying the operation of the transfer order was granted on 13.9.1995. Being aggrieved and dissatisfied, the defendant therein preferred Civil Miscellaneous Appeal No. 32/1995 before the learned Additional District Judge. Raisinghnagar (respondent No. 2). In the said appeal, the grounds taken by the appell...
Jagatjit Cotton Textile Mills Ltd., Sriganganagar Vs. State of Rajasth ...
Court: Rajasthan
Decided on: Mar-09-1998
Reported in: AIR1998Raj177; 1998(3)WLC174; 1998(1)WLN383
ORDERP.P. Naolekar, J. 1. Petitioner Jagatjit Cotton Textile Mills is a limited company registered under the Indian Companies Act. One of its units is situated at Sriganganagar. The petitioner's Sriganganagar unit is a textile unit and manufactures cloth in its factory. For the purposes of carrying on its business the petitioner imports within the municipal limits of the Municipal Council, Sriganganagar chemical-dyes and spare-parts of the textile machinery used for manufacture of the cloth. The Municipal Council, Sriganganagar issued a list of goods and the amount to be charged on them as octroi-duty. 2. Under Section 104 of the Rajasthan Municipalities Act, 1959 every Municipal Board is empowered to assess and collect octroi-duty on the goods brought within the limits of the municipality for consumption or use or sale therein. According to the petitioner, it used to pay the octroi-duty on the chemical-dye under entry 37 of the Schedule at the rate of 7.50 per quintal, which reads as ...
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