Rajasthan Court February 1999 Judgments
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Srilal Ganeriwal Vs. Rajasthan Small Scale Industries Corporation
Court: Rajasthan
Decided on: Feb-12-1999
Reported in: AIR1999Raj246
ORDERArun Madan, J.1. The petitioner's firm which is a Small Scale Industrial Unit manufacturing Steel Furniture and other allied items having its factory at 22 Godown, Jaipur and registered with the Director of Industries, Govt. of Rajasthan, Jaipur has filed this writ petition on the grounds inter alia that in view of the Policy of the Joint Plant Committee, no Small Scale Industry is permitted to get scarce items of iron and steel raw material directly from the main producers or their stockyards and rather they have to depend on the State Corporations for their genuine requirements. It has further been contended that the pieces of Iron and Steel all over India are governed and controlled by the said Joint Plant Committee from time to time. In pursuance of an advertisement issued by the respondent-Corporation on 31st January, 1985, inviting the registered Small Scale Industries for booking their requirements of G. R. Coils (16 to 24 Gauge), the compensation demanded a deposit of Rs. ...
ibrahim Khan Vs. State and anr.
Court: Rajasthan
Decided on: Feb-12-1999
Reported in: 1999CriLJ2614; 1999(3)WLC406; 1999(1)WLN111
ORDERG.L. Gupta, J. 1. This Misc. Petition under Section 482, Cr. P. C. is directed against the order D/- 4-9-89 passed by the learned Sessions Judge, Churu whereby he affirmed the order D/-15-6-89 of the Chief Judicial Magistrate issuing warrant of arrest against the petitioner.2. The short facts of the case are these: Ayub, respondent No. 2 lodged a First Information Report on 30-9-86 against seven persons in respect of an occurrence which took place in the previous night on which a case under Section 307,1. P. C. was registered. As injured Shafi died during investigation, Section 302, I.P.C. was also added. After the completion of the investigation, the police submitted a challan on 6-12-86 against six persons and filed a Final Report against petitioner Ibrahim Khan. Vide order D/- 29-1-87 the six accused challaned by the police were committed to the Court of Session. Thereafter on 20-4-87 first informant Ayub filed a private complaint before the Magistrate against seven persons (si...
Vijayander Kumar and ors. Vs. State of Rajasthan and anr.
Court: Rajasthan
Decided on: Feb-12-1999
Reported in: 1999CriLJ1849
ORDERA.S. Godara, J.1. This petition for quashing FIR No. 125/98 Under Section 120-B read with Section 420, IPC, qua all the petitioners, has been filed invoking inherent jurisdiction of this Court Under Section 482, Cr. P.C.2. Briefly stated the facts relevant for disposal of this petition are that Mr. Surendra Singla, presently arrayed as respondent No. 2, lodged a written report against the accused-petitioners as well as Satish Singhal s/o Shri Malook Chand Agarwal at the Police Station, Kotwali, Sriganganagar on 28-4-1998. The complainant-respondent is a partner of the firm Raj Shree Cotton Company, Sriganganagar working as a broker as well as a dealer in the sale and purchase of cotton. All the petitioners are Directors of R.P. Texfab Ltd., Modinagar who purchased cotton through the said firm of Ganganagar for that company from time to time. Lastly, a sum of Rs. 47,28,115.80 stood in the credit balance of the Ganganagar firm owned by the said company of the accused persons. The ac...
Sarveshwar Singh Vs. State and ors.
Court: Rajasthan
Decided on: Feb-12-1999
Reported in: 1999CriLJ2179
ORDERG.L. Gupta, J. 1. This misc. petition by complainant under Section 482, Cr.P.C. is directed against the order dt. 3-2-98 passed by the learned Sessions Judge, Jalore whereby he discharged respondents Nos. 2 and 3 under Section 304-B, I.P.C.2. The relevant facts of the case are that petitioner Sarveshwar Singh lodged a report at Police Station Ahoreon 25-4-97 alleging that his sister Rashal Kanwar was married to respondent Suresh on 10-12-94 and a lot of dowry was given in the marriage but his sister used to tell that her daughter-in-law (respondent No. 3) was not satisfied with the dowry and therefore a Tape Recorder was arranged for her, yet the respondents were not satisfied and on the night of 18-4-97 the dead body of Rashal Kanwar was found lying in the loom of the respondents' house. On this report, a case under Section 498-A and 304-B, I.P.C. was registered. The police after completion of the investigation submitted a challan. The learned Sessions Judge vide order dt. 11-9-9...
Falku Vs. State of Rajasthan
Court: Rajasthan
Decided on: Feb-12-1999
Reported in: 1999CriLJ2138; 1999WLC(Raj)UC408
V.G. Palshikar, J. 1. Being aggrieved by the judgment and order dated March 9, 1998 passed by the Additional Sessions Judge (Atrocities on Women), Sri Ganganagar, convicting the appellant under Sections 302 and 498A of the Indian Penal Code and sentencing him to suffer imprisonment for life and to pay a fine of Rs. 1000/- and in default of payment of fine to suffer simple imprisonment for three months and two years' rigorous imprisonment and a fine of Rs. 500/- and in default of payment of fine to suffer simple imprisonment for one month respectively, the appellant has preferred this appeal on the grounds mentioned in the memo of appeal and as canvassed before us by the learned counsel for the appellant.2. The facts giving rise to the present appeal, stated briefly, are that on 9-2-95 at about 8.30 P.M. Navibux filed a written first information report Ex. P/l in Police Station, Suratgarh alleging therein that his daughter Rajabi was married to Falku, the present accused about six years...
Subhash Kumar Vs. State of Rajasthan and anr.
Court: Rajasthan
Decided on: Feb-12-1999
Reported in: 1999CriLJ2796
ORDERA.S. Godara, J.1. All these petitions involve common questions of law and facts and besides the litigating parties are same, therefore, as per the convenience the same are proposed to be decided by this common order.2. In S. B. Criminal Misc. Petition No. 322/ 97, the accused-petitioner issued a cheque in favour of complainant-non-petitioner for a sum of Rs. 7,000/- on 5-2-92 and, on presentation for encashment and clearance in his own account by the non-petitioner, the same was on account of insufficiency of fund in the account of the drawer-accused, dishonored and returned as such.3. As regards S.B. Criminal Misc. Petition No. 323/97, succinctly stated, the facts giving rise to the present petition arc that the complainant, presently, non-petitioner No. 2 in this petition, filed a criminal complaint under Section 38 of the Negotiable Instruments Act, 1881 (hereinafter referred to as 'the Act') in the Court of Addl. Chief Judl. Magistrate, Sriganganagar alleging therein that the ...
Smt. Pushpa Vs. Municipal Council, Jodhpur and ors.
Court: Rajasthan
Decided on: Feb-11-1999
Reported in: AIR2000Raj85
ORDERBhagwati Prasad, J. 1. The petitioner in the present writ petition claims that she has a house near Adharsheela Inside Nagori Gate, Jodhpur and in the rear side of this house, there is a plot which is in her possession since last 18 years. The State Government issued a notification dated 5/9-5-1977 being No. F.7(187) LSG/58/1152/1632. In pursuance of this notification unauthorised possessions, on certain conditions, as laid down in the aforesaid notification, were to be regularised. To get the benefit of the notification aforesaid, the petitioner applied to the respondent Municipal Council, Jodhpur for regularisation of the possession over the said plot, it was ordered by the Council that the plot in possession of the petitioner be leased out to her on payment of Rs. 6/- per Sq. Yds. The petitioner deposited the amount in relation to the plot and a lease deed was executed by the Municipal Council, Jodhpur in favour of the petitioner dated 26-3-1982 which was registered on 16-10-19...
Hira Lal and ors. Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Feb-11-1999
Reported in: 1999CriLJ3450; 1999(3)WLC159; 1999(1)WLN100
ORDERG.L. Gupta, J.1. Through this misc. petition, petitioners Hiralal and six others have called in question the order dated 2-5-1998 passed by the learned Addl. Sessions Judge No. 2, Udaipur whereby he rejected the revision filed by the petitioners preferred against the order dated 5-4-1997 of the Addl. Chief Judicial Magistrate, Salumber.2. The short facts of the case are that for the death of Smt. Hema, Ashok Kumar had lodged' F.I.R. No. 285/86 under Sections 304-B, 120-B, 306, 498-A, 201 and 406, IPC at Police Station Salumber and after investigation the police sub-mitted a challan against Prakash, husband of the deceased only and submitted a report under Section 169, Cr.P.C. against two other accused named in the F.I.R. Thereafter the learned Magistrate committed the case to the Court of Sessions vide order dated 14-3-1997. After that on 17-3-1997 complainant chose to file private complaint on 17-3-1997 making allegations against the petitioners, on which the learned Magistrate ....
Om Prakash and ors. Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Feb-11-1999
Reported in: 1999CriLJ2935; 1999(1)WLN108
ORDERG.L. Gupta, J.1. This misc. petition is directed against the order dt. 22-3-94 passed by the learned Judicial Magistrate, Ladnu in Cr. Case No. 35/92 (Vaidya Madanlal v. Om Prakash).2. The case has chequered history. It is the third time that this matter has come to this Court, though it is yet at the initial stage.Vaidya Mandanlal filed criminal complaint against Om prakash and others (petitioners) in the Court of Judicial Magistrate, Deedwana under Sections 406, 420 and 120B, IPC on 28-3-87. The allegations were that Om Prakash was already married yet he caused the complainants to believe that he was unmarried and therefore Shyama was married to him. The Judicial Magistrate after holding enquiry issued process against the petitioners vide order dt. 18-5-87.That order was challenged in this Court by way of misc. petition. The contention of the petitioner was that the Judicial Magistrate of Deedwana had no jurisdiction to take cognizance in the matter. This Court vide order dt. 19...
Nathi Vs. Motor Accidents Claims Tribunal and ors.
Court: Rajasthan
Decided on: Feb-11-1999
Reported in: II(2000)ACC355; 1999ACJ1297; 1999(1)WLN270
J.C. Verma, J.1. A claim application was filed before the Motor Accidents Claims Tribunal, Ajmer claiming certain compensation because of the accident caused on 4.12.1992 while the petitioner was travelling in a Tempo No. RJ 01 P 0397. The claim application was allowed on 20.2.1998 for a total compensation of Rs. 1,10,000, the amount of interim relief Rs. 12,000 was deducted and the remaining amount Rs. 98,000 and the interest thereupon was to be paid to petitioner. The Tribunal had ordered that out of the total amount of award Rs. 30,000 shall be paid to petitioner and the remaining amount be deposited in fixed deposit for three years and five years by dividing the same in two equal halves. As per orders of the Tribunal the amount of Rs. 65,107 and Rs. 65,108 were deposited in two fixed deposits for 5 years and 3 years.2. The petitioner was to marry her two daughters, namely, Lalita and Seema, which was fixed in the month of February, 1999. Her husband is a class IV employee. To utili...
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