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Rajasthan Court May 2003 Judgments

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May 20 2003

Balwant Singh Vs. State of Rajasthan

Court: Rajasthan

Decided on: May-20-2003

Reported in: RLW2004(1)Raj637; 2003(4)WLC648

Shiv Kumar Sharma, J.1. Anita, a young married woman, was found murdered in her in laws house on January 28, 1997. At the time of death she was pregnant and the age of male child was approximately 34 to 38 weeks. Anita was married to Balwant Singh (appellant) on May 18, 1996 and most of the time after her marriage she had remained at her parental house. Only two days before her, death i.e. on January 26, 1997 Balwant Singh took her to his house. Balwant Singh was indicted for having committed murder of Anita and vide judgment dated September 10, 1998, the learned Additional Sessions Judge, Behror (Alwar) convicted and sentenced him under Section 302 IPC to suffer Imprisonment for life and fine of Rs. 1000A, in default to further suffer. One Month Imprisonment. Impugning this judgment, the appellant has preferred the present appeal.2. As per the prosecution story a written report was submitted by informant Basanti Lal Yadav, at police Station Behror on January 29, 1997 at 1.35 A.M. agai...


May 19 2003

Nena Ram Vs. State of Rajasthan and ors.

Court: Rajasthan

Decided on: May-19-2003

Reported in: RLW2003(4)Raj2244

Garg, J.1. This writ petition under Article 226 of the Constitution of India has been filed by the petitioner on 22.1.2002 against the respondents with the prayer that by an appropriate writ, order or direction, the order dated 16.12.1996 (Annex. 3) passed by the respondent No. 2 District Education Officer (Primary Education), Barmer by which the services of the petitioner were dispensed with w.e.f. 11.3.1996 on the ground of wilful absence from duties stating that the charges under Rules 86 of the Rajasthan Service Rules, 1951 (hereinafter referred to as 'the RSR') and under Rule 16 of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 (hereinafter referred to as 'the CCA Rules') against the petitioner were proved, be quashed and set aside and the respondents be directed to take the petitioner back in service with all consequential benefits.2. The case of the petitioner as put forward by him in this writ petition is as follows :-The petitioner was appointed ...


May 19 2003

Arjun Singh Vs. State of Rajasthan and ors.

Court: Rajasthan

Decided on: May-19-2003

Reported in: RLW2003(4)Raj2241; 2003(3)WLC665

Garg, J.1. This writ petition under Article 226 of the Constitution of India has been filed by the petitioner on 22.3.2003 against the respondents with the prayer that by an appropriate writ, order or direction, the order dated 27.1.2003 (Annex. 5) passed by the respondent No. 3 Executive Officer, Pali Central Cooperative Bank Limited, Pali by which the order dated 4.12.2002 (Annex. 1) was ordered to be maintained and further, it was ordered that one Chattar Singh, Manager, Korwa Gram Sewa Sahakari Samiti Limited would also look after the work of Mandal Samiti in addition to his own duties and the order dated 19.2.2003 (Annex. 7) passed by the respondent No. 3 Executive Officer, Pali Central Cooperative Bank Ltd., Pali by which it was ordered that the signatures of the petitioner would not be valid for the purpose of transactions of Mandal Gram Sewa Sahakari Samiti Limited, be quashed and set aside.2. The case of the petitioner as put forward by him in this writ petition is as follows ...


May 19 2003

Resident Engineer Vs. Lakhpati

Court: Rajasthan

Decided on: May-19-2003

Reported in: RLW2003(4)Raj2509

Singh, C.J.1. Heard learned counsel for the parties.2. The respondent-workman was appointed as 'Bhishti', on 1.12.79, in the appellant-department. On 1.9.83, his services came to an end inasmuch as he was not allowed to work on the post of 'Bhishti'. The respondent-workman, being aggrieved by the action of the appellant, raised an industrial dispute, which was referred to the Labour Court. The Labour Court, on the basis of the evidence on record, came to the conclusion that the services of the workman were ruminated in violation of Section 25F of the Industrial Disputes Act 1947. Accordingly, the Labour Court by its order dated 03.01.95, set aside the order of termination of the respondent and directed his reinstatement. Thereupon the appellant filed a writ petition but the learned Single Judge of this Court, refused to interfere with the order passed by the Labour Court.3. In this appeal, the appellant has challenged the order of the learned Single Judge, dated 16.5.96, whereby, the w...


May 19 2003

Chhitar Lal @ Chhita Vs. State of Rajasthan

Court: Rajasthan

Decided on: May-19-2003

Reported in: RLW2004(1)Raj278; 2004(1)WLC271

K.C. Sharma, J.1. Both the appeals, one by accused appellant Chhitar against his conviction and sentence and another by State against acquittal of respondents Abdul Haleem and Rafiq arise out of the judgment and order dated 15.12.1998 passed by the learned Sessions Judge, Kota in Sessions Case No. 88/95. Therefore, both the appeals are decided by a common judgment.2. On 13.11.94 at 9.45 AM, PW 12 Virendra Jakhad, SHO, Police Station, Vigyan Nagar, Kota recorded Parcha Bayan of injured Hamendra Dwivedi while injured was admitted in M.B.S. Hospital, Kota. In his Parcha Bayan, injured Hamendra stated that Shanker Lal Teli (accused respondent) was tenant in their house and had not paid rent for last six months. The accused and his mother were avoiding payment of rent on one pretext or the other. On 17.10.94 when they were asked to vacate the house, accused Shanker Lal, Chhitar Teli, his servant Kailash along with 3-4 others came to the house and threatened him to kill, of which a report wa...


May 19 2003

Barkat and ors. Vs. State of Rajasthan

Court: Rajasthan

Decided on: May-19-2003

Reported in: RLW2004(2)Raj881; 2003(4)WLC696

Shiv Kumar Sharma, J.1. The nine appellants were indicted before the learned Special Judge SC/ST (Prevention of Atrocities) Cases Sawai Madhopur for having committed murder of Akhtyar. Learned Special Judge vide judgment dated March 22, 1999 convicted and sentenced the appellants as under:-BARKATUnder Section 302 IPC To undergo imprisonment for Life and fine ofRs. 200/- in default to further suffer. 3 monthsS.I.Under Section 148 IPC One year R.I.Under Section 447 IPC One month R.I.Under Section 323/149 IPC Six months R.I.Under Section 325/149 IPC 3 years RI and fine of Rs.100 in default to sufferone month S.I.2. MUKHTYAR, 3. MANZOOR ALI, 4. HAJOOR ALI, 5. SHAKOOR,6. MST. GOPA, 7. MST. CHHOTI, 8. MST. ZURHAT, 9. MST. JAIBOON:Under Section 302/149 IPC To undergo imprisonment for Life and fine ofRs. 200/- in default to further suffer 3 monthsS.I.Under Section 148 IPC One year R.I.Under Section 447 IPC One month R.I.Under Section 323/149 IPC Six months R.I.Under Section 325/149 IPC 3 years...


May 16 2003

Alcobex Metals Ltd. Vs. State of Rajasthan and ors.

Court: Rajasthan

Decided on: May-16-2003

Reported in: (2004)IIILLJ886Raj

Rajesh Balia, J.1. Heard learned counsel for the appellant. These two appeals are directed against the common judgment passed by the learned single Judge dated March 8, 2002 by which the writ petitions filed by the petitioner-appellant challenging the two orders of references made by the appropriate Government of an industrial dispute between the petitioner-appellant and its workmen, were dismissed. These two appeals are identical on facts and raise common question and therefore, they are being heard and decided together as was done by the learned single Judge.2. The facts giving rise to these appeals are that the respondents-workmen Mala Ram and Chhela Ram in D.B. Civil Special Appeal (Writ) No. 357/2003 arising from S.B. Civil Writ Petition No. 1871/2001, had been appointed ostensibly by a fixed term appointment on September 14, 1993 for a period of six months and their services were terminated on March 17, 1994. A complaint against this termination was lodged before the Joint Labour...


May 14 2003

Sumer Singh Vs. State of Rajasthan and ors.

Court: Rajasthan

Decided on: May-14-2003

Reported in: RLW2003(3)Raj1731; 2003(4)WLC107

Garg, J. 1. This writ petition under Article 226 of the Constitution of Indiahas been filed by the petitioner against the respondents on 22.10.99 with a prayer thatthe respondents No. 1 (Secretary, Gramin Vikas and Panchayati Raj Department,Jaipur) and 2 (Chief Executive Officer, Zila Parishad, Barmer) be directed to giveappointment to the petitioner on the post of Teacher Grade III from the date therespondent No. 3 (Rajesh Kumar Sharma) and other like persons were appointed withall consequential benefits. 2. The facts of the case as put forward by the petitioner are as under : (i) That the petitioner passed his Secondary examination from the Board of Secondary Examination in the year 1987 and secured 42.125% marks. In the year 1988, the petitioner passed higher Secondary examinations with 44.5% marks. (ii) That the petitioner passed B.A. examination in the year 1991-92 from the Board of External Examination, Osmania University which was recognized degree by the Government of Rajastha...


May 14 2003

Rajendra Prasad Chaturvedi Vs. Rajasthan Small Scale Industries Corpn. ...

Court: Rajasthan

Decided on: May-14-2003

Reported in: (2004)IILLJ160Raj; RLW2003(4)Raj2306; 2003(3)WLC497

Singh, C.J.1. By this appeal, the appellant questions the orders passed by the learned Single Judge dated 27.7.2001 and 9.11.2001.2. The facts lie in a narrow compass. The appellant was serving as Senior Assistant in the respondent Corporation. On 8.1.2001, the appellant, by means of an application, sought voluntary retirement with effect from 31.3.2001 on the ground of his ill health and domestic problems. The application of the appellant was allowed by the respondent vide its order dated 7.2.2001 and the appellant was permitted to retire with effect from 7.4.2001. The appellant, however, on 4.4.2001 moved an application before the respondent withdrawing his offer of voluntary retirement for the reasons that he has recovered from his ill health. The respondent, however, rejected the application of the appellant inter alia for the reason that the appellant did not file any medical certificate in support of is claim of having recovered from his ill health. Thereafter, the appellant file...


May 14 2003

Bheru Lal Vs. State of Rajasthan

Court: Rajasthan

Decided on: May-14-2003

Reported in: 2004CriLJ1677; RLW2004(1)Raj602; 2004(1)WLC152

Sunil Kumar Garg, J.1. This appeal has been filed by the accused appellant against the judgment and order dated 16.5.2000 passed by the learned Add). Session Judge No. 1, Chittorgarh in Sessions Case No 1/99, by which he convicted the accused appellant for the offence under Section 376(2) IPC and sentenced him to undergo ten years rigorous imprisonment and to pay fine of Rs. 5000/-, in default of payment of fine, to further undergo three months SI.(2). The facts giving rise to this appeal, in short, are as follows:-On 11.8.1998 at about 9.40 PM, PW 4 Hazari lodged a written report Ex.P/1 with the Police Station Chittorgarh before PW 7 Ganpat Singh, SHO of that Police Station stating inter-alia that his daughter Ntrmala, PW1 (hereinafter referred to as the child prosecutrix) was coming from the field three days back and on the way, the accused appellant picked the child prosecutrix PW Nirmala and took her towards the mines and therefore, committed rape with her. It was further stated in...


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