Rajasthan Court July 1998 Judgments
Girraj Prasad Sharma Vs. Smt. Tara Mishra
Court: Rajasthan
Decided on: Jul-30-1998
Reported in: II(1999)DMC479
ORDER1. This will dispose of an appeal (No. 1146/1996) filed by the husband Girraj Prasad Sharma @ Vinod Sharma against the judgment and decree dated 16.10.1996 of the then Judge Family Court, Kota whereby he dismissed his petition under Section 13 of the Hindu Marriage Act, 1955, for dissolution of his marriage with his wife Tara Mishra by a decree of divorce and also dispose of another Appeal No. 438/ 97 filed by the wife Tara Mishra against the same decision inasmuch as the Judge Family Court has held under issue No. 1 that she had deserted the husband though this desertion did not extend continuously to the statutory period of two years or more immediately preceding the filing of this petition.2. It was the common case of parties that they were wedded on 26.6.1989 by Hindu rites and thereafter cohabited for a period before the marriage ran into rough weather and there was a parting of the ways between the spouses. The husband filed the petition under Section 13 of the Hindu Marriag...
Tag this Judgment!Maheshwari F.L. and Anr. Vs. Employees' State Insurance Corporation an ...
Court: Rajasthan
Decided on: Jul-29-1998
Reported in: (2000)ILLJ385Raj
ORDERMohd. Yamin, J.1. In the instant writ petition under Article 226 of the Constitution it is alleged that the petitioner No. 1 is a partner in the firm Ergen Plastics Industries, Jodhpur (petitioner No. 2). The firm is a registered partnership firm under the Indian Partnership Act and came into existence on April 29, 1987 by taking over the assets and liabilities of another firm in the same name and style which dissolved owing to the death of one of the partners late Shri H.K. Maheshwari. The petitioner received a notice dated March 1, 1978 from the respondent No. 1 on implementation of the Employees' State Insurance Act, 1948. In the notice it was stated that the factory/establishment falls within the purview of Section 2(12)/1(5) of the Act. w.e.f. December 1, 1977. In case however, subsequent facts reveal that the, factory/ 'establishment was coverable from a date prior to the date mentioned above and the petitioner will make himself liable to comply with the provisions of the Ac...
Tag this Judgment!Mana Singh Alias Shana Singh Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jul-29-1998
Reported in: 1999CriLJ977
G.L. Gupta, J.1. Mana Singh and Mahendra Singh have preferred these appeals calling in question their conviction under Section 8/15 of the Narcotic Drugs & Psychotropic Substances Act, 1985 recorded by the learned Special Judge, N.D.P.S. Cases, Hanuinangarh vide judgment dt. 21-12-95. They were sentenced to undergo rigorous imprisonment for ten years and pay a fine of Rs. One lakh each, in default to undergo two years R. I. more.2. The prosecution case, in short, is that on 6-9-92 Sher Singh, Sub-Inspector, who was Station House Officer of Police Station Sangariya, along with the police party left the police station at 11 a.m. for patrol duty. At the bus stand, Sangariya, he was informed by a 'Mukhbir' that two persons one wearing white shirt and trousers and the other wearing red colour shirt - were taking poppy powder on the Sardulsahar road. Shri Sher Singh recorded this information and proceeded towards the Sardulsahar road along with 'Motbirs'. He found two persons on the road, wh...
Tag this Judgment!Smt. Prakashkaur Vs. Harjinderpal Singh
Court: Rajasthan
Decided on: Jul-28-1998
Reported in: AIR1999Raj46
ORDERP.C. Jain, J.1. The wife-petitioner has filed this petition purporting to be under Section 13 of the Hindu Marriage Act, 1955 [for short 'the Act'] seeking decree of divorce against husband-non-petitioner Harjinder Pal Singh on the grounds of cruelty and desertion as set out in Section 13(1)(i-a)(i-b) of the Act.2. The case of the petitioner is that her marriage with non-petitioner Harjinder Pal Singh was performed some three years ago in accordance with Sikh religion. Her parents gave dowry as per their status. The husband-non-petitioner treated her properly for three months but thereafter, at the instance of other relatives, he started harassing her and used to make demand for the dowry continuously. According to the petitioner, since her father had expired, it was not possible for her to satisfy the demand of dowry. The non-petitioner, therefore, started treating her with cruelty and also used to beat her and indulged in filthylanguage. In these circumstances, the wife-petition...
Tag this Judgment!Miss. Aruna Vyas Vs. Jnv University and ors.
Court: Rajasthan
Decided on: Jul-28-1998
Reported in: AIR1998Raj337; 1999WLC(Raj)UC333
ORDERMohd. Yamin, J.1. Petitioner Miss Aruna Vyas's case is that she submitted application form as a private student for B.Sc. part I course. She was allowed to deposit fees by respondents and the same was deposited on 15-11-1996 in the office of Dean, Faculty of Science, Jodhpur. The fees for practical course was also deposited vide challan No. 29410 on 27-12-1996. She was allotted practical group D-11 by the Faculty of Science and regularly attended the practicals of physics and chemistry on prescribed dates and time. She also completed the course in time. She was required to obtain the certificate of practical courses from the Head of Department of Chemistry and Physics. The Head of Department of Chemistry issued a certificate and the same was deposited in the examination section. She was earlier granted permission to take examination as a private candidate. But vide communication dated 6-3-97, she was informed by the Registrar that she should deposit the certificates of practicals ...
Tag this Judgment!Smt. Chanani Vishnoi Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Jul-27-1998
Reported in: AIR1999Raj4
ORDERV.G. Palshikar, J.1. By this petition the petitioner has challenged the order dated February 19, 1996 passed by the respondent No. 2. There is no challenge to the order dated February 1, 1996 by which the admission was cancelled. The petition thus suffers from a basic infirmity.2. It will be necessary, therefore, to see the prayers made in this petition. The prayers made in the petition are as under :--'12/I.-- By an appropriate writ, order or direction Respondents be restrained from effecting the ouster of petitioner from the B.S.T.C. course she is undergoing in the Phalodi Centre. 12/II.-- Any other appropriate writ, order or direction as may be considered proper in the facts and circumstances of the case may kindly be granted. 12/III.-- Costs of the writ petition allowed to the petitioner.' 3. The prayers are, therefore, for restraining the respondents from effecting the ouster of the petitioner from the course she is undergoing in Phalodi Centre. The petition was filed on Marc...
Tag this Judgment!Saleem and ors. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jul-27-1998
Reported in: 1999CriLJ1419; 1997(3)WLC364
R.R. Yadav, J.1. This appeal is preferred by the accused appellants against the judgment dated 14-1-1993 passed by the learned Addl. Sessions Judge, Chittorgarh in Sessions Case No. 12/91, whereby he convicted and sentenced them under Section 302 read with Section 34, I.P.C. with imprisonment for life and a fine of Rs. 200/- in default of payment of fine to further undergo two months rigorous imprisonment, under Section 326 read with Section 34, I.P.C. each of the accused appellant is sentenced with three years rigorous imprisonment and fine of Rs. 100/ -, in default of payment whereof to further undergo one month's rigorous imprisonment. All the accused appellants are also convicted and sentenced under Section 324 read with Section 34, I.P.C. for one year's rigorous imprisonment. Accused appellants Saleem and Chand Khan are convicted under Section 323 read with Section 34, I.P.C. whereas accused appellant Ikhlaq is convicted for offence under Section 323, I.P.C. simpliciter and all of...
Tag this Judgment!Nathu Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jul-22-1998
Reported in: 1998CriLJ4448
G.L. Gupta, J.1. Through this appeal, Nathuhas called in question his conviction under Section 376, IPC and a sentence of 10 years RI arid fine of Rs. 500 recorded by the learned Sessions Judge, Doongarpur, vide his judgment dated 9-9-97.2. The case relates to an occurrence which took place on 25-3-97 at 10 a.m. in village Limbdi. The first information report Ex. P/4 was lodged by Mrs. 'N',motherofthe victim 'R' on the same day at 4 p.m. stating that she was away from her house and when she returned in the noon time she found her daughter 'R' (9 years) lying on the cot. On asking, 'R' revealed that she was sitting under the mango tree at about 10 a.m. when Nathu (accused) flung her on the ground and committed rape on her. On this report, a case under Section 376, IPC was registered. During investigation, the police got the medical examination of 'R' done, inspected the site, interrogated the witnesses. The accused was arrested. He was also medically examined. After the completion of th...
Tag this Judgment!Kishan Lal Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jul-17-1998
Reported in: 1998CriLJ4508; 1998(2)WLC498
A.S. Godara, J. 1. This Jail Appeal is directed against the judgment and order dated 29-7-1995 passed by the learned Addl. Sessions Judge, Churu in Sessions Case No. 25/1994 whereby the convict-appellant, while being acquitted of offence under Section 364, I.P.C, has been convicted under Sections 302, 201 and 377, I.P.C. He has been awarded sentence of Life Imprisonment and a fine of Rs. 100/- and, in default of payment of fine, three months S.I. under Section 302, I.P.C, seven years R.I. and a fine of Rs. 1000/- and, in default of payment of fine, three months' S.I. under Section 377, I.P.C. and three years' R.I. and a fine of Rs. 500/- and, in default of payment of fine, two months' S.I. under Section 201, I.P.C. respectively. All the substantive sentences so awarded to the appellant have also been ordered to run concurrently.2. Briefly stated the facts giving rise to the prosecution, trial and consequently the impugned judgment and order of sentences are that the appellant Kishan La...
Tag this Judgment!Hari Singh Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jul-17-1998
Reported in: 1998CriLJ4641; 1999WLC(Raj)UC665
ORDERS.C. Mital, J.1. The petitioner has moved this bail application under Section 439 read with 167(2) Cr. P.C. solely on legal ground. He moved an application before learned Sessions Judge, Jodhpur, who rejected the same on 2-5-98.2. Brief facts may be summarised as under:--The petitioner was arrested on 25-1-98 incase FIR No. 37/98, Police Station, Shastri Nagar, Jodhpur under Ss. 304B, 498A and 323, IPC. He was produced before the learned Magistrate on 26-1-1998 and the learned Magistrate remanded the petitioner in judicial custody. The charge-: sheet was produced on 27-4-1998 in the Court of Additional Chief Judicial Magistrate No. 1, Jodhpur. The petitioner also submitted an application to release him on bail under Section 167(2) Cr. P.C. The learned Additional Chief Judicial Magistrate passed the order on the charge-sheet on 28-4-98 to register the case under Sections 304B, 498A and 323, IPC and committed the case to the Court of Sessions Judge, Jodhpur. The application under Se...
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