Rajasthan Court September 2004 Judgments
Ghanshyam @ Ghanti and ors. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Sep-30-2004
Reported in: RLW2005(1)Raj73; 2005(1)WLC316
S.K. Sharma, J.1. The appellants four in number, were the accused on the file of learned Additional Sessions Judge No. 3, Alwar bearing Sessions Case No. 28/1997. Learned Judge vide judgment dated May 25, 1999 convicted and sentenced the appellants (herein after described as accused') as under:-Ghanshyam @ Ghanti & Babu Lal @ Banti:Under Section 302 IPC:Each to suffer Imprisonment for life and fine of Rs. 1000/-, in default to further suffer One Year Simple Imprisonment.Under Section 307 IPC:Each to suffer Rigorous Imprisonment for Seven Years and fine of Rs. 500/-, in default to further suffer six Months Simple Imprisonment.Under Section 3/27 of Arms Act:Each to suffer Rigorous Imprisonment for Three Years and fine of Rs. 200/- in default to further suffer Three Months Simple Imprisonment.Ghanshyam @ Ghanti:Under Section 3/25 of the Arms Act:To suffer Rigorous Imprisonment for Three Years and fine of Rs. 200/- in default to further suffer Three Months Simple Imprisonment.Smt. Guddo @ ...
Tag this Judgment!Bhojraj and ors. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Sep-30-2004
Reported in: 2004CriLJ4738; 2005(1)WLC79
K.C. Sharma, J. 1. This criminal appeal under Section 374, Cr. P.C. by appellant Bhoj Raj and Hem Raj arises out of the judgment and order dated 27-1-2003 by which the learned trial Court has convicted the appellants for offence under Section 302, IPC and sentenced each of them to undergo life imprisonment with a fine of Rs. 1000/-each, in default thereof, each of the appellant was to undergo imprisonment for one year.2. Succinctly stated the facts of the case are that on 17-5-1999 P.W. 16 Mohammed Umar submitted a written report Ex. P. 11 at Police Station Kethun alleging therein that at about 5.00 p.m. when Ashgar and Shahid were sitting on Sangod Nahar, the accused appellants along with co-accused came there on motor cycle and soon their reaching, they opened attack on Ashgar with their respective weapons. Shahid got frightened and ran away and went to the village, Salim and Usman have been stated to be present near the canal. The villagers removed the injured in precarious conditio...
Tag this Judgment!Shankar Lal Tiwari Vs. Vaidya Ram Niwas Joshi and ors.
Court: Rajasthan
Decided on: Sep-30-2004
Reported in: RLW2005(1)Raj458; 2005(1)WLC185
K.S. Rathore, J.1. Present petition is directed against the order dated 23.7.2001 passed by the Commissioner, Devasthan Department in appeal No. 3/2001 filed by respondent No. 1.2. The brief facts of the case are that there is a temple of Shri Krishna Behariji situated in Purani Basti, Jaipur. This temple was constructed more than 100 years ago. It is allowed that the temple was constructed by the ancestors of the petitioner and the former Jaipur State has sanctioned State Grants in various villages for the SewaPooja and for the maintenance of the temple. The last grantee in whose favour the Matmi was sanctioned by the former Jaipur State was Tiwari Govind Bus, was died on 20.3.46. Thereafter, the Board of Revenue for Rajasthan, Jaipur in case No. 49/Matmi-Jaipur of Samvat 2006 vide its order dated 14.8.50 recognised Ghisi Lal as the successor of last grantee Govind Bux and sanctioned the Matmi in his name.3. The Commissioner, Devasthan Department recommended to the Revenue Department,...
Tag this Judgment!Kalu Singh Vs. State of Rajasthan
Court: Rajasthan
Decided on: Sep-30-2004
Reported in: RLW2005(2)Raj863; 2004(1)WLC45
Shiv Kumar Sharma, J.1. Prithvi Singh and Parbat Singh, two old aged neighbours were found beheaded in the morning of October 5, 2001, Police Station Pagaria was approached and in the course of investigation the police came to the conclusion that it was Kalu Singh (herein after described as 'accused') who had committed the crime. The accused was placed on trial before the learned Additional Sessions Judge (Fast Track) No. 3 Jhalawar in Sessions Case No. 74/2003. Learned Judge vide judgment dated August 7, 2003 convicted and sentenced the accused as under.-Under Section 302 IPC: To suffer Imprisonment for life and fine of Rs. 2000/-, in default to further suffer Six Months Simple Imprisonment. Under Section 459 IPC: To suffer Rigorous Imprisonment for Five Years and fine of Rs. 500/-, in default to further suffer One Month Simple Imprisonment.The substantive sentences were directed to run concurrently. 2. It is the prosecution case that Prithvi Singh had five daughters, therefore he too...
Tag this Judgment!Jugal Kishore Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Sep-29-2004
Reported in: RLW2005(1)Raj637; 2005(1)WLC678
Krishan Kumar, J.1. This special appeal is directed against the judgment dated 12.5.2004 rendered by the learned Single Judge in S.B. Civil Writ Petition No. 3877/2001.2. The brief facts of the case are that the appellant was appointed as Class IV employee in the Office of the Chief Engineer, Command Area Development, Indira Gandhi, Nahar Pariyojna, Bikaner on 16.10.1989. Thereafter, he was promoted as Lower Division Clerk in accordance with Rule 7 of the Rajasthan Service Rules vide order dated 28.3.1998 and was assigned seniority at point 497. The appellant, having come to know that certain Lower Division Clerks have been demanded by the Commissioner, Commercial Taxation, Rajasthan, Jaipur from various departments for the permanent absorption, applied for the same. His application was forwarded by the Chief Engineer. IGNP on 13.3.2000 to the Commissioner, Commercial Taxation Department purporting to be in the subject matter of inter-department transfer, telling him specifically that ...
Tag this Judgment!Suraj Mal Vs. State of Rajasthan
Court: Rajasthan
Decided on: Sep-29-2004
Reported in: RLW2005(1)Raj480
Shiv Kumar Sharma, J.1. Holy the festival of colours turned into festival of blood in village Ratlia Police Station Todarai Singh on March 12, 1998. In an unfortunate incident Sohni (deceased) lost her life and her daughter-in-law Sushila sustained injuries. The appellant (herein after described as 'accused') was indicted before the learned Additional Sessions Judge, Malapura District Tonk in Sessions Case No. 13/1998. Learned Judge vide judgment dated September 30, 1999 convicted and sentenced the accused as under:-Under Section 302 IPC:To suffer Imprisonment for life and fine of Rs. 1000/- in default to further suffer One Month Imprisonment.Under Section 324 IPC:To suffer Rigorous Imprisonment for One Year and fine of Rs. 500/-. in default to further suffer Fifteen Days Imprisonment.The substantive sentence were directed to run concurrently.2. It is the prosecution case that the accused infuriated by the hot exchanges at the time of making boundary with shrubs near his house, scaled ...
Tag this Judgment!Bhateri Devi (Smt.) Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Sep-29-2004
Reported in: RLW2005(2)Raj877; 2004(4)WLC593
K.S. Rathore, J.1. This writ petition has been filed by the petitioner against the notice for No Confidence Motion dated 11.8.2004.2. This Court while issuing notice given liberty to the respondents to proceed with No-Confidence Motion which was scheduled to be held on 21.8.2004 at 11 am, but the respondents were restrained not to declare the result without seeking permission of this Court.3. The case of the petitioner is that while serving notice for No-Confidence Motion upon the petitioner, the respondents have not complied with the mandatory provisions of Rule 21 of the Rajasthan Panchayati Raj Rules, 1996. As per Rule 21, for the purposes of No-Confidence Motion, 15 clear days notice should be given. The said rule was later on amended vide notification dated 6.1.2000 and instead of 15 clear days, 7 clear days has been added in provision of Section 37 of the Rajasthan Panchayati Raj Act, 1994.4. As per direction of this Court, the State has submitted the original record of the Panch...
Tag this Judgment!Smt. Sushila Devi Vs. Alwar Co-operative Land Development Bank Ltd.
Court: Rajasthan
Decided on: Sep-29-2004
Reported in: [2005(105)FLR271]
S.K. Keshote, J.1. Heard learned Counsel for the parties and perused the entire record of the writ petition.The petitioners in the writ petition prayed for grant of following relief,It is, therefore, prayed that this Hon'ble Court may kindly be pleased to call for the entire record and the writ petition may kindly be allowed and;(i) issue a writ, order or direction in the nature thereof thereby direction be issued to the respondent to give suitable appointment to the petitioner on compassionate grounds and also direct to make all due payments to late Shri Shyam Babu Sain;(ii) any other order or direction which the Hon'ble Court deems fit and proper may kindly be passed in favour petitioners.2. The facts of the case are that the husband of petitioner No. 1 died in harness on 25th of January, 2001. He was Class employee working with the respondent No. 1, Alwar Co-operative Land Development Bank Limited (for short, the respondent-Bank'). He behind him following heirs:1. Sushila (the widow...
Tag this Judgment!State of Rajasthan and ors. Vs. Achala Ram
Court: Rajasthan
Decided on: Sep-28-2004
Reported in: RLW2005(1)Raj60; 2005(1)WLC796
Rastogi, J.1. This appeal is directed against the judgment and order dated 26th April, 2001 passed by the learned Single Judge in Writ Petition No. 2843/2000 whereby the order Annex.3 dated 29th July 2000 was set aside and the State Govt. was directed to treat the petitioner to be in service and entitled to get 50% of the back wages.2. The dispute lies within a narrow compass. The writ petitioner, who was holding the post of Compressor Driver, submitted application dated 1st May, 2000 (Annex.1) seeking voluntary retirement under Rule 50(1) of the Rajasthan Civil Services (Pension) Rules 1996 (hereinafter referred to as the 'Rules of 1996') stating therein that he may be voluntarily retired with effect from 31st July, 2000.3. Before the application Annex.1 dated 1st of May, 2000 was to be given effect to on the prospective date i.e. 31st July, 2000, the writ petitioner submitted another application dated 24th May, 2000 (Annex.2) which was received in the office of the Superintending Eng...
Tag this Judgment!St. Wilfred's Education Society Vs. State of Rajasthan and Ors.
Court: Rajasthan
Decided on: Sep-28-2004
Reported in: RLW2005(1)Raj462; 2005(1)WLC422
K.S. Rathore, J.1. Brief facts of the case are that the petitioner is a registered society under the Registration Act. 1958. The petitioner Society is running three education institutions which include one secondary school affiliated with CBSE and one College which is affiliated with University of Rajasthan.2. The petitioner Society applied for N.O.C. for 300 students in LLB 1st year course to Director. College Education, Jaipur to grant permission for opening new Law College.3. On the application moved on behalf of the petitioner, inspection was conducted by the inspection team and vide letter dated 7.8.2003, NOC was issued on certain conditions. The petitioner society deposited Rs. 50,000/- to the University as per the requirement for fresh affiliation for Law College through banker's cheque No. 317498 dated 20.12.2002.4. Vide order No. 17233 dated 25.9.2003, the petitioner society was allotted 120 seats and provisional affiliation was accorded to the petitioner institution which was...
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