Rajasthan Court January 2002 Judgments
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Surajgarh Kraya Vikraya Sahakari Samiti Vs. Labour Court No. 2 and anr ...
Court: Rajasthan
Decided on: Jan-07-2002
Reported in: 2002(1)WLC793
Madan, J.1. The petitioner which is a Cooperative Marketing Society registered under Rajasthan Cooperative Societies Act, 1956 (for short, 'the Societies Act') has challenged the Award dated 22.12.97 (Ann.4) passed by the Judge Labour Court, Jaipur, in LCR No. 18/96, whereby the Labour Court's order rejecting the application preferred by the petitioner Management for recalling the ex-parte order has been rejected under Order 9 Rule 13 C.P.C.2. The facts, which are relevant for deciding the instant petition, briefly stated, are that the respondent No. 2 workman had presented a statement of claim contending therein that his appointment was made with effect from 1.2.1983 by the Select Committee and he had faithfully and diligently discharged his duties on the post of Salesman but his services were terminated with effect from 3.8.1994. His further contention is that for the period of 1.3.93 to 3.8.94 he was not paid his salary dues nor he was served with any notice prior to the impugned ac...
Jagdish Kumar Vs. Union of India (Uoi) and ors.
Court: Rajasthan
Decided on: Jan-07-2002
Reported in: 2002(2)WLC498; 2002(2)WLN621
Chauhan, J.1. The instant writ petition has been filed for quashing the orders dated 23,10.1990, 20.4.1998 (Annex.6) and 30.7.1998 by which the petitioner has been removed from service.2. The facts and circumstances giving rise to this case are that petitioner was employed as a Constable in Railway Protection Force, Northern Railway and was posted at Jodhpur. He was tried in a criminal case and stood convicted for the offences punishable under Section 379/511 read with Section 34 of the Indian Penal Code vide judgment and order dated 4,11.1998 (Annx.l). However, petitioner was given the benefit of the provisions of the Probation of Offenders Act, 1958 (hereinafter called 'the Act, 1958') and an observation was made that petitioner's service career would not be adversely affected by the said conviction. Simultaneously the Department had also initiated the disciplinary proceedings against the petitioner under the provisions of the Railway Protection Force Act, 1979 (for short, 'the Act, ...
Dhima Ram and ors. Vs. State and ors.
Court: Rajasthan
Decided on: Jan-07-2002
Reported in: 2002CriLJ2348
O.P. Bishnoi, J.1. This appeal has been filed by Dhima Ram and Sona Ram against the judgment delivered by Special Judge, NDPS Cases, Jodhpur dated 18-5-2001 whereby the two accused persons were found guilty under Sections 8/18 of the said Act and both were sentenced to undergo rigorous imprisonment for ten years and each one was fined Rs. 1,50,000/-. For default of payment of fine further imprisonment for two and a half years has been ordered. It is not made clear as to whether this additional period of imprisonment would be simple or rigorous.2. According to the prosecution story PW 4 Faulal Panwar, SHO, Police Station Kalyanpur, Distt. Barmer on 26-6-1999 received a message from the informer to the effect that the accused Dhima Ram along with his associate was likely to go on a motor cycle towards 'Sankhlon Ki Dhani' to sell opium. Accordingly, the message was recorded and the SHO Faulal along with other police personnel and a 'Motbir' PW 3 Jethu Singh proceeded towards the given pla...
Ved Singh and ors. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jan-07-2002
Reported in: 2002CriLJ1463
ORDERO.P. Bishnoi, J.1. This appeal has been filed by the appellants-Ved Singh and Baru Ram against the judgment dated 24-1-1996, delivered by the Special Judge, NDPS cases, Chittorgarh, whereby both the appellants were found guilty under Sections 8/18 of the NDPS Act and each one was awarded 10 years rigorous imprisonment and a fine of Rs. 1,00,000/- and in default of payment of fine further rigorous imprisonmnet for two years.2. The prosecution story, in nutshell, is to the effect that the personnel of the Central Narcotics Bureau, Chittorgarh carried out the search of a truck No. MWU 4653 on 6-5-1989 at about 5.30 a.m. The truck was stopped near Chittorgarh at 'Chunginaka' No. 4 while it was coming from Udaipur to Chittorgarh. The appellants are said to be the drivers of the said truck and the third accused-Rajendra Singh was the 'Khalasi' of the truck. According to the prosecution story the three persons were informed about the proposed search as they were suspected of carrying som...
Gopal and Etc. Vs. State of Rajasthan and Etc.
Court: Rajasthan
Decided on: Jan-07-2002
Reported in: 2002CriLJ1647
ORDERO.P. Bishnoi, J.1. These two appeals have been filed in respect of the judgment dated 7-8-1999 delivered by the Special Judge, N.D.P.S. cases, Pratapgarh, Appeal No. 497/99 has been filed by the convict Gopal and Appeal No. 759/2000 has been filed by the Central Bureau of Narcotics, feeling aggrieved by the acquittal of Badar alias Bahadur.2. The prosecution story, in brief, is that a bus bearing No. CIF-238 was stopped by the officers of the Narcotics Department near village Mokhampura. The accused-appel-lant-Gopal was travelling on Seat No. 32 and his brother Badar alias Bahadur was sitting near by on Seat No. 33. Gopal was allegedly carrying a bag, which was placed in his lap and upon search two small bags containing opium were found in the Bag. One bag contained opium weighing 2.500 kg. and the other contained 2.200 kg. opium. Samples weighing 24 gms. each were separated and sealed and both the accused persons were arrested. Subsequently, the investigation was handover to P.W....
Salag Ram Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jan-07-2002
Reported in: 2002CriLJ1707
O.P. Bishnoi, J.1. This appeal has been filed by Salag Ram Bairagi against the judgment dated 5-5-98 delivered by the Sessions Judge, Pratapgarh in the capacity of Special Judge, NDPS Cases.2. According to the prosecution story on 13-8-95 the SHO, Police Station, Arnod, Dist. Chittorgarh, received a secret informa-tion to the effect that the accused-appellant Salag Ram and his associates were likely to return after purchase of opium from Pushkar Ram. The information was recorded by the SHO and thereafter he proceeded to the place situate at Mandawara-Dewaldi Road during the 'Nakabandi' the appellant along with Ismile alias Poona came on a motor-cycle at about 3 p.m. The police party signalled the motor-cycle to stop but it did not stop and during the chase Ismile was able to make his escape good whereas the appellant-Salag Ram was nabbed. He was told about the secret information and was given the option of his search in the presence of a Magistrate or a Gazetted Officer but he opted fo...
Moti Singh Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jan-07-2002
Reported in: 2002(1)WLN681
O.P. Bishnoi, J.1. This appeal has been preferred by accused Moti Singh who has been found guilty for the offences Under Section 8/18 and 8/29 of the N.D.P.S. Act by the court of Special Judge, N.D.P.S. Cases, Chittorgarh vide judgment dated 25.7.2000. Rigorous Imprisonment for 12 years and a fine of Rs. 1 lac and further rigorous imprisonment of one year for non-payment of fine has been ordered for each offence.2. The prosecution case, in brief, is that on 2.5.1996 the Inspector of Central Narcotics Bureau Y.K. Chaturvedi along with Superintendent Rakesh Kumar and others went to Medikhera Railway Crossing where a Fiat car bearing No. RJN 4533 came from Chittorgarh side. They signalled the car to stop but the car did not stop, whereupon they chased the car which ultimately was found near a hotel but the occupants were able to make their escape good. A search was made and two packets were recovered under the seat of the driver which contained opium weighing 18.530 Kg. As the occupants c...
Ghewar Ram and Etc. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jan-07-2002
Reported in: 2003CriLJ377
O.P. Bishnoi, J.1. These two appeals have been filed by Ghewar Ram and Babulal separately but since both have arisen out of a common judgment, the same are being decided by this judgment. The appellant Ghewar Ram has preferred appeal No. 296 of 2001 and appeal No. 299 of 2001 has been filed by Babulal.2. Both the accused-persons were found guilty under Sec. 379, IPC and Section 8/15 of the Narcotics Drugs and Psychtropic Substances Act, 1985 (for short 'the N.D.P.S. Act'). For the offence of theft, each one was awarded three years' R.I. Under Section 8/15 of the NDPS Act, each one was awarded 10 years' R.I. and a fine of Rs. 1 lac, and on account of non-payment of fine, they were ordered to undergo further R.I. for 2 years. The third accused Mangilal was acquitted of the charges under Section 379, IPC and Section 8/15 of the NDPS Act. The fourth accused Onkar Lal was also acquitted of the charges under Section 379, IPC and Section 8/29 of the NDPS Act.3. According to the prosecution st...
Balvinder Singh and anr. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jan-07-2002
Reported in: 2002CriLJ2128
O.P. Bishnoi, J.1. The appellants-Balvinder Singh and Jaimal Singh have filed this appeal against the judgment dated 23-12-1999 by the Special Judge, N.D.P.S. Act cases, Hanumanagarh, whereby both were found guilty under Sections of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the N.D.P.S. Act'), Act and each one was awarded 12 years' rigorous imprisonment along with fine of Rs. 1,25,000/- each. In default of payment of fine, they have been ordered to further undergo rigorous imprisonment for a period of 2 years.2. The facts of the case, in brief, are that the Deputy Superintendent of Police Circle Nohar, District Hanumanagarh allegedly received a secret information on 4-9-1997, according to which, the accused persons were likely to cross the Ramgarh-Balwala area with illicit opium, which they were to carry to Punjab. Consequently the police party headed by the Deputy Superintendent of Police P.W. 11 Sawai Singh Godara, made a 'Nakabandi' and st...
Ganpat Singh and ors. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jan-07-2002
Reported in: 2002CriLJ2246; 2002WLC(Raj)UC206
O.P. Bishnoi, J.1. This appeal has been filed by Ganpat Singh, his mother Chhoti Devi and father Nahar Singh who have been convicted by the learned Additional Sessions Judge, No. 2, Jodhpur vide her judgment dated 31-3-2001 for the offences punishable under Section 498-A and 304-B, IPC. For the offence under Section 498-A, IPC, each one has been awarded S.I. for three years and a fine of Rs. 1,000/- and two months' S.I. for nonpayment of fine. For the offence under Section 304-B, IPC each one has been awarded S.I. for a period of seven years. All the three accused-persons were acquitted of the charge under Section 302, IPC.2. The prosecution story, in brief, is that during the night intervening 7/8th August, 1999, Smt. Sajjan Kanwar wife of the appellant Ganpat Singh received severe burns in the 'Kitchen' of her husband's house and was rushed to Mahatma Gandhi Hospital, Jodhpur for treatment by the appellants. The appellant Nahar Singh (father-in-law) went to the parental house of Sajj...
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