Rajasthan Court March 2001 Judgments
State Vs. Sharif
Court: Rajasthan
Decided on: Mar-27-2001
Reported in: 2001CriLJ3261; 2002WLC(Raj)UC160
Sunil Kumar Garg, J.1. This appeal has been filed by the State of Rajasthan against the Judgment and order dated 17-11-94 passed by the learned Civil Judge (Junior Division)-cum-Judicial Magistrate, 1st Class, Jaisalmer in Criminal Case No. 291/93 by which the learned Magistrate acquitted by accused-respondent Sharif of the offence under Rule 3/6 of the Passport (Entry into India) Rules, 1950 (hereinafter referred to as the Rules of 1950).2. This appeal arises in the following circumstances :i) The case of the prosecution is that on 13-9-89 P.W.. 1 Bhagwan Singh while he was on patrolling duty at Gunjangarh Indo-Pak Border, at about 3 p.m. near Pillar Nos. 750 and 758/1 accused-respondent Sharif crossed the above pillars and came to India. He was caught red-handed by P.W.I Bhagwan Singh and his party and thus he illegally entered the Indian territory and he was not having a valid Passport. Thus, he committed offence under Rule 3/6 of the Rules of 1950.3. After usual investigation, chal...
Tag this Judgment!State Vs. Prithvi Singh
Court: Rajasthan
Decided on: Mar-27-2001
Reported in: 2001CriLJ2770; 2002WLC(Raj)UC90
Sunil Kumar Garg, J.1. This appeal has been filed by the State of Rajasthan against the judgment and order dated 4-9-91 passed by the learned Munsif and Judicial Magistrate, Degana in Criminal Case No. 120/85 by which the learned Magistrate acquitted the accused-respondent Prithvi Singh of the offences under Sections 354, 341 and 323 I.P.C.2. This appeal arises in the following circumstances :(i) On 13-8-85 at about 10 p.m. P.W. 1 Smt. Ganga Devi lodged a written report Ex. P/1 in the Police Station, Degana stating that in the evening of 12-8-1985 at about 7.30 p.m. when she was returning from Gawai Well, after clearning face and hands, the accused-respondent Prithvi Singh was taking bath and thereafter he at once came before her and tried to molest her and he tore up his cloths including her Choli and told that either she should have sex with him, otherwise he would kill her. It is further stated in the report that upon this she made hue and cry and on hearing her cry, P.W. 4 Dhan Raj...
Tag this Judgment!Johari Forts and Palaces Pvt. Ltd. Vs. Maharaja Narendra Singh and ors ...
Court: Rajasthan
Decided on: Mar-27-2001
Reported in: 2001(3)WLC497; 2007(2)WLN234
B.S. Chauhan, J.1. The instant writ petition has been filed for setting aside the impugned order dated 7.1.2000 (Annex. 5) by which the Addl. District Judge, Bikaner has neither granted nor refused interim measures on petitioner's application under Section 9 of the Arbitration and Conciliation Act, 1996 (for short the Act).2. The case has a chequered history as there are larger number of cases pending between the parties in civil and criminal courts in respect of the property in dispute. There had been claims and counter-claims regarding existence of agreement between the petitioner and respondent No. I for leasing out the Lalgarh Palace, Bikaner. Property has been handed over to respondent No. 2 and the said premises are being used as a Hotel. Petitioner filed a suit for specific performance before the Civil Court, Bikaner which is still pending. The arbitration clause in the alleged agreement was resorted to and the matter is seized by the Arbitral Tribunal. Petitioner filed an appli...
Tag this Judgment!Jagan Nath Vs. Heera Chand
Court: Rajasthan
Decided on: Mar-27-2001
Reported in: 2001(3)WLC476; 2007(3)WLN19
N.P. Gupta, J.1. By this revision, the petitioners-defendants seek to assail the orders of the two learned courts below whereby the plaintiffs application Under Section 13(5) of the Rajasthan Premises (Control of Rent & Eviction) Act, 1950 (hereinafter to be referred as the Act) has been accepted and the petitioners' defence against the eviction has been struck off, while petitioner's application Under Section 13(4) of the Act read with Section 5 of the Limitation Act has been dismissed.2. The brief facts of the case are that the plaintiff non-petitioner filed a suit for eviction against the petitioner inter alia on the ground of default as contemplated by Section 13(1)(a) of the Act. The learned trial court made provisional determination of rent, that amount was deposited. However, thereafter, since 8.10.1994 the defendant did not or could not deposit the monthly rent. However the rent for the period 1.10.1994 to 30.9.1995 was deposited by the petitioners on 3.6.1995. It is at this ti...
Tag this Judgment!State of Rajasthan Vs. Gaharoo
Court: Rajasthan
Decided on: Mar-23-2001
Reported in: 2001CriLJ3672; 2002(5)WLC460; 2001(3)WLN153
Garg, J.1. This appeal has been filed by the State of Rajasthan against the judgment and order dated 11.5.1990 passed by the learned Sessions Judge, Bhilwara in Sessions Case No. 42/1989 by which he acquitted the accused respondent of the charge for the offence under Section 376 IPC.(2). It arises in the following circumstances:On 6.2.1989 at about 8.45 PM, PW4 Kela lodged a written report Ex.P/7 before the SHO, Police Station Bagour District Bhilwara stating inter-alia that on 6.2.1989 at about 10.30 AM, his daughter PW1 Ku. Manju (hereinafter referred to as the prosecutrix) aged about 11 years went towards the jungle of Moti Dungari after taking goats with her for the purpose of grazing. It is further stated in the report that in the evening at about 6.00 PM, accused respondent Gaharoo brought his daughter prosecutrix on his shouldiers and at that lime, he found that her gagra and lungi were stained with blood and even blood was coming out from her private part. Thereafter, PW4 Kela,...
Tag this Judgment!Mohan Lal Singhal and ors. Vs. Urban Cooperative Bank Ltd., New Colony
Court: Rajasthan
Decided on: Mar-23-2001
Reported in: 2002(5)WLC525; 2001(4)WLN308
Verma, J.1. The petitioner had entered in the employment of Urban Cooperative Bank Ltd. on the post of Clerk on daily wages way back in March, 1978 on consolidated salary of Rs. 250/- per month vide annexure-1. The petitioner was appointed as trainee clerk for a period of three months. The appointment was continued. His service came to an end on 1.9.78, but the same was challenged before the Labour Court. The petitioner was successful in Labour Court vide award dated 1.8.85, which was challenged by respondent by filing the writ petition No. 118/86. The High Court vide order dated 20.8.86 set aside the award of Labour Court and remanded the case back to Labour Court for appropriate award. Ultimately the award was passed on 19.9.87 (ann. 2), whereby the termination order was set aside. The award dated 19.9.87 (ann. 2) was challenged by filing the writ petition No. 1800/88, which writ petition came to be dismissed vide order dated. 9.8.88 (ann. 3).2. The award dated 19.9.87 (ann. 2) was n...
Tag this Judgment!Kevji and ors. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Mar-23-2001
Reported in: 2002CriLJ725; 2002(1)WLC547; 2002(1)WLN529
Singh, J.1. Smt. Pramila aged about 20 years went for 'garba' dance in the night in village Bagidora which was also not only her parental village but in-laws house, but did not return thereafter. An information was also sent to the parents of Pramila through Meghji on 10.10.1994 at 3.00 P.M. that Pramila is missing since 8.10.1994, whether she has come to the parental house or not. Thereafter both the parties searched for Pramila and her dead body naked and hacked in pieces was found floated in Tilwani Dam on 12.10.1994. An FIR Ex.P/30 was lodged before the Station House Officer Kalihjara by Deveng, father of the deceased alleging inter-atia that Kevji warnted to remarry and hence was maltreating Pramila and ultimately has done away with her and that naked and hacked pieces of the dead body belonged to his daughter Pramlta.2. In the FIR Ex.P/30 not only Kevji, husband of deceased, but also Smt. Ganga, who was mother of Kevji, and two sisters smt. Manu and Smt. Amrit as also their husba...
Tag this Judgment!Col. NaraIn Singh Janu Vs. the Assistant Director, Land and Building T ...
Court: Rajasthan
Decided on: Mar-23-2001
Reported in: AIR2001Raj313; 2002(5)WLC707; 2001(4)WLN106
ORDER1. The brief facts which are relevant for deciding this writ petition are thus :-- The petitioner is an Ex-defence Personnel and was invalided out of service due to disability. He has applied for allotment of retail outlet for running the petrol pump, and other oil products before the UIT, Alwar and of the U.I.T. in pursuance of its order dated 11-8-94 (Annexure 2), had allotted the land to the petitioner measuring 743 sq. mtrs. near Krishi Upaj Mandi, Delhi Road, Alwar at the total cost of Rs. 6,67,214/- as per the terms conditions specified in the letter.2. Thereafter, the petitioner was handed over the actual physical possession of the land in question. Thereafter, in due course of time, respondent No. 1 Assistant Director, Land and Building Tax Department, Alwar (thereinafter referred to as 'the Assessing Authority') initiated proceedings for assessment of tax under the provisions of RajasthanLand and Building Tax Act, 1964 (hereinafter referred to as the 'Act') by issuing dem...
Tag this Judgment!Kadir Vs. MoIn and ors.
Court: Rajasthan
Decided on: Mar-23-2001
Reported in: 2003ACJ806
J.C. Verma, J.1. This civil misc. appeal has been preferred by the claimant-appellant against the order dated 3.4.1997 passed by the Motor Accidents Claims Tribunal, Tonk, in Case No. 215 of 1994 by which a sum of Rs. 1,59,000 had been awarded as compensation to the claimant.2. The claim was filed by the present appellant for compensation because of the injuries sustained by him in the accident on 7.5.1994 when he was working as a 'khalasi' on truck No. RJK 9273; he was asked by the driver of the truck, respondent No. 1 to remove gitty from the tyre and also check oil and water level. On the instructions of the driver, when he was on the job, the driver without any warning and in a rash and negligent manner drove the truck injuring the claimant-appellant on his right leg and right hand which were fractured. The claimant was at the time 20 years of age. His ulna bone of right hand and femur bone of right leg were fractured. He was treated in Tonk and Jaipur hospitals and had been attend...
Tag this Judgment!Babuda Vs. State of Rajasthan
Court: Rajasthan
Decided on: Mar-23-2001
Reported in: 2002CriLJ3366
N.N. Mathur, J.1. This appeal is directed against the judgment dated 17-3-1998 passed by the learned Sessions Judge, Pratapgarh, convicting the appellant of offence under Section 302, I.P.C. and sentenced to undergo life imprisonment and to pay a fine of Rs. 250/- and in default of payment of fine to further undergo one month's simple imprisonment. He has also been convicted of the offence under Section 447, I.P.C. and sentenced to three months' imprisonment and a fine of Rs. 100/- and in default of payment of fine to further undergo fifteen days' imprisonment. Both the substantive sentences have been ordered to run concurrently.2. Briefly stated the prosecution case is that on 2-1-1995 at 3.40 p.m., P.W. 8 Homla lodged an oral F.I.R. Ex. P. 12 before P.W. 3 Jeeva, S.H.O., Police Station, Salamgarh, stating inter alia that in the afternoon at about 1 p.m., he along with deceased-Mangu were on the way to attend the 'Mausar' (feast on death). When they passed through the field of Mangu, ...
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