Rajasthan Court August 2001 Judgments
Nana and ors. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Aug-23-2001
Reported in: 2002(1)WLN61
Appeal Partly AllowedJUGDMENTJagat Singh, J.1. In this appeal filed Under Section 374(2) Cr. P.C. accused appellants Nana, Bada and Sawa have been convicted Under Section 302/34 IPC and sentenced to life imprisonment with a fine of Rs. 100/-. Accused appellant Sawa has also been convicted Under Section 324 IPC and awarded one year's simple imprisonment. However, co-accused Reshma and Sundara were convicted Under Section 323 IPC and were released on probation.2. Aggrieved against the above judgment and conviction only Nana, Bada and Sawa have filed this appeal through jail in which Shri Suresh Kumbhat has been appointed as amicus curiae.3. The relevant facts as revealed from the prosecution evidence are that on the intervening night of 12th and 13th May, 1995 at about half past 12 these accused appellants and co-accused Sundara and Reshma were roaming in a village fair where they met Deeta (since deceased) and PW-2 Gena, PW-3 Narsa, PW-5 Uda and PW-9 Soma. There were other 10-12 persons...
Tag this Judgment!Munna Ram and anr. Vs. Union of India (Uoi) and ors.
Court: Rajasthan
Decided on: Aug-23-2001
Reported in: 2001(3)WLC606; 2002(1)WLN280
AR. Lakshmanan, C.J.1. This appeal is directed against the order dated 21st February, 2000 passed by Hon. Mr. V.G. Palshikar, J. dismissing the writ petition on the ground that the appellant having accepted the benefits of appointment to the post of Constable cannot round out to the post of Head Constable.2. The appellants petitioner applied for the post of Wireman/Lineman in the rank of Head Constable in pursuance of the advertisement dated 14.10.1994. According to the appellants they have qualified and satisfied all the general eligibility conditions and were successful in the selection process after passing the required test and interview. However, by an order dated 10.12.1994 they were declared selected on the rank of Constable instead of Head Constable/Naik for Wireman/Lineman for which they have actually applied and appeared during the recruitment process. The appellants joined the duties and thereafter raised their protest with the authorities by submitting applications against ...
Tag this Judgment!Dulichand Vs. Chief Engg. Irrigation and ors.
Court: Rajasthan
Decided on: Aug-23-2001
Reported in: 2002(4)WLN383
Rajesh Balia, J.1. The petitioner is aggrieved with the order passed by Superintending Engineer, Irrigation dated 8.8.1995 and Chief Engineer dated 11.4.1996 by which the orders passed by the Executive Engineer on 12th May, 1995 allowing the application of the petitioner for shifting the existing Barabandi as per the proposal made by the Tehsildar was sustained. On appeal, the order of Executive Engineer was set aside by the Suptd. Engineer. Which order was affirmed by Chief Engineer in second appeal.2. From the perusal of the orders, it is found that the order passed by the Executive Engineer did not give any reason for acceptance of the request made by petitioner Dulichand for change in the existing Barabandi. Superintending Engineer and thereafter the Chief Engineer considered the objections raised against the change in Barabandi, and the modification in Barabandi is not in the interest of irrigation particularly keeping in view that the petitioner's turn has already been fixed at S...
Tag this Judgment!Shankeshwar Fabrics Pvt. Ltd., Pali Vs. Union of India (Uoi) and ors.
Court: Rajasthan
Decided on: Aug-22-2001
Reported in: 2002(142)ELT42(Raj); 2003(2)WLN240
Mathur, J.1. In this group of Writ Petitions, the validity and application of the Scheme as modified by the Notification of the Central Government dated 10.12.1998 introducing Clause 5 under which the independent processor of proceeded textile fabrics have been denied benefit of utilisation of MODVAT credit, has been challenged.2. The relevant rules read as under:'In exercise of the powers conferred by Sub-section (3) of Section 3A of the Central Excise Act, 1944 (1 of 1944), the Central Government hereby specifies that the rate of excise duty on processed textile fabrics falling under heading Nos. 52.07, 52.08, 52.09, 54.06, 54.07, 55.11, 55.12, 55.13 and 55.14 of the Schedule to the Central ExciseTariff Act, 1985 (5 of 1986), manufactured or produced by an independent processor with the aid of a hot-air stenter shall be. (i) in the case of a processing factory whose average value of processed fabric is upto and including Rs. 30 per s.q.m. 12.8 per cent, of the capacity of production ...
Tag this Judgment!Devilal Vs. State of Rajasthan
Court: Rajasthan
Decided on: Aug-22-2001
Reported in: 2002(1)WLC431; 2003(2)WLN293
Mathur, J.1. In the we hour of 24.2.1997 at about quarter to 12 an unfortunate incident took place, resulting in the commission of an offence of patricide. The killer is the appellant and the victim is the deceased father Hardev. The eye witness of the Incident is the unfortunate mother PW-2 Dhapu Bai. The heinous crime was committed on a trivial issue. The headstrong son gave merciless beating to his father. He was tried for the charge of murder. The learned Additional Sessions Judge No. 2, Chittorgarh by judgment dated 30.6.1998 convicted him of offence under Section 302 I.P.C. and sentenced to undergo imprisonmenl for life and to pay a fine of Rs. 1,000/-; in default of payment to further undergo six months rigorous imprisonment.2. Briefly stated the prosecution case is that on 24.2.1997 PW- 7 Kastur Chand lodged an oral First Information Report Exhibit P- 11 at Police Station Parsoli stating inter alia that at about quarter to 12 while returning from village Umarthana reached near ...
Tag this Judgment!Dr. B.K. Mitra and anr. Vs. Kamal Tiwari
Court: Rajasthan
Decided on: Aug-22-2001
Reported in: 2002WLC(Raj)UC34
Panwar, J.1. This appeal is directed against the order dated 5th March, 1994 passed by learned District Judge, Udaipur in Civil Misc. Case No. 287/92 whereby an application filed by the respondent before the learned trial court under Section 20 of the Arbitration Act, 1940 was allowed and Shri Ram Narayan Sharma, Advocate, Udaipur was appointed as Arbitrator for deciding the dispute arising out of the agreement dated 17.8.1990 between the parties. It was further directed by the trial court that according to the provision of Arbitration Act, 1940, the Arbitrator is to make an awarded on the basis of the conditions of the agreement 17.8.1990 within a period of 4 months from the date of appearance of the parties.2. Aggrieved by the order impugned the appellant has come in the appeal before this Court. It is contended by the learned counsel for the appellant that specific stand was taken by the appellant before the trial court by filing a detailed reply to the application under Section 20 ...
Tag this Judgment!Valli Ullah Khan and anr. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Aug-22-2001
Reported in: RLW2003(1)Raj562; 2002(5)WLC647; 2002(4)WLN321
Garg, J.1. This appeal has been filed by the accused appellants against the judgment and order dated 19.3.2001 passed by the learned Sessions Judge, Pratapgarh in Sessions Case No. 84/2000 by which he convicted and sentenced the accused appellants in the following manner:-Name of accused appellantsConvicted u/Se.c.Sentence awarded1 . Imran @ Chunnu Khan307 IPCTen years' RI and to pay fine of Rs.l000/-in default of payment of fine, to further uundergo imprisonment for one month..324 IPCThree years RI,341 IPCOne month SIZ.VainuilahKhan307/34 IPCTen years' RI and to pay fineof Rs.l000/- in default of payment of fine, to further undergo imprisonment for onemonth.324/34 IPCThree years RI,341 IPCOne month SIAll the above substantive sentences were ordered to run concurrently.2. The facts giving rise to this appeal, in short, are as follows:-On 28.4.2000 at about 12.50 p.m., P.W.1 Gebilal gave a Parchabayan Ex.P/3 to P.W.2 Amar Singh, SHO, Police Station, Pratapgarh in the hospital stating th...
Tag this Judgment!Shravan Ram and 5 ors. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Aug-22-2001
Reported in: 2002(2)WLN65
Jagat Singh, J.1. Both these appeals have been filed Under Sub-section (2) of Section 374, Cr.P.C. against a common Judgment dated 2nd May, 1998, delivered in Sessions Case No. 20 of 1996 by Sessions Judge, Merta. There being common questions of law and facts involved, both these appeals are disposed of by this common judgment, copy of which shall be retained in each file.2. Necessary facts as made out from the prosecution evidence are that on 1st May, 1996, at about 11 PM in the night, Dharu Ram went to his well to irrigate the field as electric power supply has resumed at that time and it was his turn to irrigate the field. The well was not far off from his house and at the time when he left the house, PW-3 Gorli & PW-4 Bhanwari, being sisters, were present in the house, along with PW-1 Kelki. After about half an hour, these ladies heard cries and commotion from the well, upon which PW-1 Kelki left for her house to inform her father-in-law whereas Gorli and Bhanwari went to the site ...
Tag this Judgment!Vijay Kumar Vs. State of Rajasthan
Court: Rajasthan
Decided on: Aug-21-2001
Reported in: 2002(1)WLC525; 2002(2)WLN488
Mathur, J. 1. This appeal is directed against the judgment dated 5.7.1999 convicting the appellant Vijay Kumar of offence under Section 302 I.P.C. and sentenced to undergo imprisonment for life and to pay a fine of Rs. 1,000/-; in default of payment to further undergo six months rigorous imprisonment.2. Briefly stated the prosecution case is that on 04.05.1997 at about 6:30 PM PW-6 Ram Gopal, Incharge Police Station, Naya Shahar Bikaner received an anonymous telephonic call informing of unnatural death of a person in the hospital. He made an entry of the information in the rojnamcha and proceeded to P.B.M. Hospital, Bikaner. At about 7:30 PM he recorded the statement of PW-4 Sanjay Srivastava an eye witness of the incident vide Exhibit P-7. He stated that the alongwith his deceased brother Santosh had gone to purchase medicine for her mother who was suffering from headache. While they were returning, PW-1 Vinod also joined them. All the three proceeded towards their house on bicycle. W...
Tag this Judgment!Nena Singh Vs. State of Rajasthan
Court: Rajasthan
Decided on: Aug-21-2001
Reported in: RLW2003(1)Raj324; 2002(4)WLN334
Garg, J.1. This appeal has been preferred by the accused appellant against the judgment and order dated 15.7.87 passed by learned Additional Sessions Judge, Rujsamand in Session Case No. 39/86 whereby the learned Additional Sessions Judge convicted the accused appellant for offence under Section 307 I.P.C. and has sentenced him as under:- OffenceSentence awardedu/Sec. 307 I.P.C.7 years' R.I. and a fine of Rs. 1000/- in default tofurther undergo 3 months' R.I.2. This appeal arises in the following circumstances: (i) On 23.5.86 at about 12.45 a.m. P.W. 4 Prithvi Singh lodged an oral report with the Police Station Devgarh, Udaipur before P.W. 12 Ram Singh stating that P.W. 7 Bhan Singh (injured) and the accusedappellant were his relative and the accused appellant used to do the job of labour in Ahmedabad and his wife Jamni used to live in village Chatarpura with his mother-in-law and the accused appellant used to visit that village after 3 to 4 months. P.W.7 Bhan Singh had a camel and use...
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