Rajasthan Court January 2002 Judgments
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Baga Ram Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jan-18-2002
Reported in: 2002(2)WLN632
Harbans Lal, J.1. This appeal under Section 374(2) Cr.P.C. has been preferred by the accused appellant Bagaram against the judgment dated 31st July, 1993 passed by the learned Sessions Judge, Balotra in Sessions Case No. 29/92 whereby the appellant has been convicted of offence under Section 323 I.P.C. and sentenced to undergo R.I. for a period of six months and a fine of Rs. 500/-, in default of payment of which to further undergo simple imprisonment for a period of two months alongwith a direction that upon realisation of fine, the same be paid to Mst. Pemli P.W./11 as compensation.2. Briefly stated, the relevant facts giving rise to this appeal are that Mst. Pemli PW/11 was married to the appellant about 9 years prior to the incident and she was residing with her husband in Pachpadra'. It is alleged that on 28.7.1992 at about 10-11 p.m. when Mst. Pemli PW/11 was sleeping in the house, the accused appellant came drunk and started beating her. On hearing the cries of Mst. Pemli PW/11 ...
R.K. Suri Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Jan-17-2002
Reported in: 2002(2)WLC44; 2002(5)WLN145
Madan, J. 1. While considering the stay petition, the learned counsel representing both the parties requested for final hearing in the writ petition. Hence the writ petition is being disposed of finally by this Order. 2. Pursuant to the order dated 13.11.1969 (Exh.l) the Government of Rajasthan took a policy decision to abolish the Rajasthan Agriculture Engineering Board and consequently, the services of the petitioner were placed under deputation with the newly formed Rajasthan State Agro Industries Corporation (for short 'the RSAIC'-re-spondent No. 3) with effect from 8th July, 1970. The petitioner had exercised his option for permanent absorption with RSAIC, which was duly forwarded by the State Government to respondent No.3 on 5th February, 1973. Thereafter the petitioner was informed that he will be entitled to proportionate pension in accordance with the Finance Department's Order dated 23.7.1968 and also the order dated 10th April, 1969. Petitioner's option was accordingly accep...
Rajan and ors. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jan-17-2002
Reported in: 2002CriLJ3152; 2002(4)WLN132
Garg, J.1. This appeal has been filed by the accused appellants againstthe judgment and order dated 29.11.2001 passed by the learned Addl. Sessions Judge(Fast Track), Ratangarh District Churu in Sessions Case No. 80/2001 (20/2000 ADJRatangarh) by which he convicted and sentenced the accused appellants in thefollowing manner:-Name of accused appellantsConvicted u/SectionSentence awarded(1) Rajan366/120-B IPCFour years RI and to pay a fine of Rs.100/-, in default ofpayment of fine, to further undergo, RI for six months.366-A/120-B IPCFour years Rl and to pay a fine of Rs.100/-, in default ofpayment of fine, to further undergo, RI for six months.376 IPCTen years RI and to pay a fine of Rs.100/-, in default ofpayment of fine, to further undergo, RI for one year.(2) Hariram (3) Ramsharan Das366/120-B IPCFour years RI and to pay a fine of Rs.100/-, in default ofpaymenl of fine, to further undergo, RI for six months.366-A/120-B IPCFour years RI and to pay a fine of Rs.100/-, in default ofpaym...
Royal Pvc Shoes Pvt. Ltd. Vs. State of Rajasthan and anr.
Court: Rajasthan
Decided on: Jan-17-2002
Reported in: RLW2003(1)Raj250; [2004]138STC224(Raj); 2002(2)WLC698; 2002(2)WLN692
Balia, J. 1. Heard learned counsel for the parties. 2. The writ petition No. 3971/2000 was filed by the petitioner- appellant challenging the assessment order dated 15th July, 2000 (Annexure-3), which was passed under the Central Sales Tax Act by which inter-State sale of shoes and chappals relating to the category of footwears, which were not made of leather and whose value was upto Rs. 100 only. The assessee has claimed that the sale related to footwears 'a' class of which were not made of leather and whose value did not exceed Rs. 100/-, are generally exempted vide notification dated 7.3.94 issued by the State Govt. in exercise of its powers conferred under Section 4(2) of the Rajasthan Sales Tax Act, 1954. Therefore, inter-State turnover of such goods was also exempt from CST under Section 8(2-A) of the Central Sales Tax Act, 1956. 3. The assessee has relied on the decision of this Court reported in Shiv Sainath Rubber Industries Pvt. Ltd. v. State of Rajasthan and Anr., (1996) 103...
Ladu Ram Vs. Dabli Kala Gram Seva Sahakari Samiti Ltd.
Court: Rajasthan
Decided on: Jan-17-2002
Reported in: RLW2003(1)Raj289; 2002(2)WLC584; 2002(2)WLN604
Tatia, J. 1. Heard learned counsel for the parties. Perused the impugned order. 2. This is an appeal against the order dated 1st August, 1981 passed by the learned Addl. District Judge No. 1. Hanumangarh in Civil Original Suit No. 23/80. By this order the learned trial court allowed the application of the defendant under Order 7 Rule 11 CPC and dismissed the suit of the plaintiff. 3. Brief facts of the case are that plaintiff filed suit for declaration and injunction against the defendant Co-operative Society registered under the Rajasthan Co-operative Societies Act, 1965. The plaintiff alleged that plaintiff was working as the Secretary in the defendant Co-operative Society. The Asst. Registrar of the Co-operative Society, Suratgarh on 24th Dec., 1977 illegally instructed Inspector. Co-operative Society, Rawatsar to enquire under Section 74(1) of the above Act against the plaintiff. The Asst. Registrar gave notice on 21st Feb., 1978 to the plaintiff alleging that plaintiff mis-appropr...
Rajendra Kumar JaIn Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Jan-17-2002
Reported in: 2002CriLJ4243; RLW2003(1)Raj296; 2002(2)WLN583
Panwar, J. 1. Since all these petitions arise out of a common order and involve common facts and law, therefore, for convenience they are being decided by a common order. 2. These six criminal misc. petitions under Section 482 Cr.P.C. are directed against the common order dated 26.6.2001 passed by Additional Sessions Judge No. 3, Udaipur in Criminal Revision Petitioners No. 15, 16, 17, 18 & 19 of 2001 filed by petitioner Rajendra Kumar Jain and Criminal Revision Petition No. 20/2001 filed by petitioners Sanjay Babel and another against the order dated 1.2.2001 passed by Chief Judicial Magistrate, Udaipur whereby the trial court framed charges of the offences under Sections 406, 420, 467, 468, 471 & 120-B I.P.C. against the petitioners and Shri I.S. Babel. 3. Brief facts of the case, which are necessary for the decision of these misc. petitions are that on 21.12.98 F.I.R. Numbers 582/99, 583/99, 584/99, 585/99 & 587/99 were lodged against the petitioners and one I.S. Babel, father of th...
Pawan Kumar and ors. Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Jan-17-2002
Reported in: RLW2003(1)Raj126; 2002(2)WLN677
Joshi, J.1. Heard learned counsel for the parties.2. S.B. Cri. Misc. Pet. No. 759/96 has been filed by Pawan Kumar against the order of learned Additional Chief Judicial Magistrate, Ratangarh dated 25.1.1984 taking cognizance against the petitioner and for quashing the criminal proceedings against the petitioner in Slate v. Poonamchand and Ors. (1).3. S.B. Cri. Misc. Pet. No. 473/96 has been filed by Bhanwar Lal for quashing the proceedings against him in criminal case No. 605/83 pending in the Court of learned Additional Chief Judicial Magistrate, Ratangarh. Thus, both the petitions have been filed in relation to criminal original case No. 605/83 pending in the trial Court.4. The brief facts of the case are that Dr. R.S. Choudhary, the Food Inspector and Chief Medical & Health Officer purchased a sample of 'Til oil' from M/s. Poonamchand Pawankumar, Sujangarh on 14.4.1980 and he took three samples from the same as prescribed by the Rules and sent one sample to the Public Analyst for a...
Bhanwari Devi and ors. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jan-17-2002
Reported in: 2002(2)WLC425; 2002(1)WLN700
O.P. Bishnoi, J.1. The appellants who are mother and son have filed this appeal against the judgment dated 10.8.1998 delivered by the Additional Sessions Judge, Parbatsar whereby both have been found guilty Under Sections 498A and 304B of the IPC. For the offence Under Section 498A of the I.P.C., each one has been awarded two years simple imprisonment and a fine of Rs. 5,000/- and for non-payment of fine further imprisonment for a period of six months has been ordered. For the offence Under Section 304B each one has been awarded 10 years simple imprisonment. The facts in brief are that the appellants are residents of 'Lawata Ki Dhani' Parbatsar and the complainant side belongs to village 'Maroth'. It is not in dispute that the deceased Smt. Prem, daughter of Jeewanlal (PW-3) was given in marriage to the appellant Surja Ram on 1.4.1993 and on 25.6.1996, she was taken to the hospital, in a precarious condition and died during the treatment at 9.55 AM, on that day. the treating Doctor Kis...
Chandra Shekhar Vs. State and ors.
Court: Rajasthan
Decided on: Jan-17-2002
Reported in: 2003WLC(Raj)UC64; 2002(3)WLN91
Bhagwati Prasad, J.1. -Heard.2. The present writ petition has been filed by the petitioners with a prayer that the order of the Transport Appellate Tribunal dated 26.8.2000 be set aside. The Transport Appellate Tribunal by its order impugned has observed that the renewal prayed for by the petitioners cannot be granted and the appeal was dismissed as time barred. The petitioners had permit on Amruka to Pahadi inter-State route with an agreement in between the State of Rajasthan and Haryana. The appeal before the State Transport Appellate Tribunal was rejected as noticed earlier on the ground of limitation. Subsequent to the filing of the present writ petition, another writ petition has been filed in the name of Chandra Shekhar and Ratan Singh, the same petitioners in the earlier writ petition being S.B. Civil Writ Petition No. 183/2002. This writ petition is also decided by the present decision.3. In this writ petition, the petitioners have prayed that the agreement in between the State...
Maya Devi Keswani Vs. the Estate Officer (Addl. District Magistrate, J ...
Court: Rajasthan
Decided on: Jan-16-2002
Reported in: 2002(2)WLC603
Sharma, J. 1. Proceedings under the Rajasthan Public Premises (Eviction of Unauthorised Occupants) Act, 1964 (for short 1964 Act) were initiated by the Indian Red Cross Society respondent No. 3 (for short IRSC) seeking eviction of the petitioner from the premises situated in the Red Cross Campus outside Sanganeri Gate Jaipur. Learned Estate Officer (Additional District Magistrate Judicial) Jaipur vide judgment/order dated December 9, 1998 declared the petitioner to be the unauthorised occupant of the disputed premises and directed that notice be given to the petitioner for vacating the premises within thirty days. The 1RCS was also asked to file statement showing damages caused to it after Sept. 30, 1997. The petitioner assailed the said order of the Estate Officer by filing an appeal. Learned Additional District Judge No. 6 Jaipur City vide order dated April 13, 1999 dismissed the appeal. The petitioner in the instant writ petition seeks to quash the aforesaid orders of the Estate Off...
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