Rajasthan Court January 2006 Judgments
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Sohan Lal Pungalia Vs. Asstt. Mining Engineer (Recovery) and anr.
Court: Rajasthan
Decided on: Jan-09-2006
Reported in: RLW2006(2)Raj1030; 2006WLC(Raj)UC288
Govind Mathur, J.1. The instant petition for writ is directed against the demand made by Assistant Mining Engineer (Recovery), Bikaner for the sum of Rs. 3,51,608/-from the petitioner against royalty with regard to excavation of minor mineral for the contract of widening the road from Jodhpur to Pokaran within the kilometer stones from 78 to 102.2. The facts necessary for adjudication of present writ petition are that the petitioner is a partnership firm to whom a contract was granted by Public works Department for widening of Jodhpur-Pokaran road from kilometer stores No. 78 to 102.3. A short term permit was granted to the petitioner firm by the Assistant Mining Engineer, Balesar on 13.6.1990 to excavate certain minor minerals required for executing the construction worki.e. of widening the road of Jodhpur to Pokaran. The short term permit was granted subject to the condition of payment of royalty which was assessed as Rs. 3,54,830/-. A condition in the short term permit was also ment...
Jagdish Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jan-09-2006
Reported in: RLW2006(2)Raj991; 2006(1)WLC556
Shiv Kumar Sharma, J.1. The appellant was charged under Section 302 of the Indian Penal Code for murdering his wife Munni. He was convicted and sentenced by learned Additional Sessions Judge (Fast Track) Beawar District Ajmer vide Judgment dated February 27, 2003 to suffer life imprisonment and fine of Rs. 2000/-, in default to further suffer six months imprisonment. Against this judgment that the present action for filing the appeal has been resorted to by the appellant.2. It is the prosecution case that on February 19, 1999 at 9.35 PM Vikram Singh, Circle Inspector of Police Station Beawar Sadar, recorded parcha bayan (Ex.P-6) of Munni, who was admitted in Hospital Beawar after sustaining burn injuries. In the Parcha Bayan Munni stated that she entered into Nata Marriage ten years back with the appellant, who was in the habit of consuming liquor. The appellant came to the house in the evening in a drunken state, poured kerosene on her and set her ablaze. He also gave blow with stone ...
State of Rajasthan and Etc. Vs. Ram Niwas and anr.
Court: Rajasthan
Decided on: Jan-09-2006
Reported in: 2006CriLJ2477; 2006(1)WLC563
R.S. Chauhan, J.1. For the rape and murder of a helpless woman Rekha, appellants have been sentenced to death. Learned trial Judge has referred papers of this case for confirmation of death sentence whereas the appellants have challenged order of conviction and sentence recorded against them by filing appeals. Substantial questions of general importance and somewhat ticklish, involved in the case are whether Rajesh, presented as an approver by the prosecution around whose testimony almost entire case of prosecution rests, qualify as an approver in view of his statements made under Sections 164, 306, Cr. P.C. and his testimony before the Court where he completely exculpates himself and inculpates only appellants and whether from narration of facts given by him, he rather appears to be a protestor, preventor and to some extent, even a victim of the crime himself. The other question of equal significance that confronts the Court is that if testimony of Rajesh is discarded as approver whet...
Ramkanya (Smt.) Vs. Civil Judge and ors.
Court: Rajasthan
Decided on: Jan-06-2006
Reported in: RLW2006(2)Raj903; 2006(2)WLC26
Prem Shanker Asopa, J.1. That by the instant writ petition the petitioner has challenged the order dated 15.10.2005 passed by the Election Tribunal Civil Judge (Sr. Div.), Karauli, whereby the election filed by the petitioner against the respondent No. 2 Smt. Chandra Kala has been rejected.2. The case of the petitioner before the Election Tribunal was that the respondent No. 1 Smt. Chandra Kala was disqualified under Section 19(gg) and (m) of the Rajasthan Panchayati Raj Act, 1994 (for short, 'the Act') to contest the election of Gram Panchayat Naroli Dang on the date of filing the nomination paper for the same on 30.1.2005 on account of pendency of criminal case for offence under Section 419, 467, 468, 471 and 120-B IPC, wherein the cognizance was taken on 19.1.2002 and charge has been framed for offence under Sections 467 & 120-B IPC on 13.10.2004.3. The respondent No. 2 the returned candidate has filed reply to the writ petition and submitted therein that in view of subsequent acqui...
Salim Khan Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jan-06-2006
Reported in: 2006CriLJ1223; RLW2006(2)Raj1286; 2006(1)WLC559
Khem Chand Sharma, J.1. The above titled appeal by appellant Salim Khan arises out of the judgment and order dated 25-9-98 passed by the learned Additional Sessions Judge, Bandikui, district Dausa, whereby the learned Judge has convicted the appellant for offence under Section 302, IPC and sentenced him to undergo life imprisonment with a fine of Rs. 1000/- in default of payment of fine, to further undergo imprisonment for 3 months.2. On 19-3-92 PW-7 Sitya Ram lodged a written report, Ex. P4 at police station, Todabheem alleging therein that on 15-3-92 appellant Saleem took away wood from the house of his brother Ram Khilari. On the next day i.e. on 16-3-92 some altercation took place in between his brother and accused Saleem. Thereafter, at about 6-7 PM Saleem called his brother and took him to his house, where Saleem, his wife Jabeena and mother Batto belaboured his brother with lathis and caused injuries on his head. The complainant then alleged that they took Ram Khilari to the hos...
Uma Shankar Srivastava Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Jan-06-2006
Reported in: RLW2006(2)Raj1060; 2006(1)WLC611
Ashok Parihar, J.1. Petitioner stood retired from Government service after attaining the age of superannuation. There is no dispute that the petitioner has been contributing towards the Rajasthan Pensioners Medical Fund throughout his service tenure. After retirement, wife of the petitioner was admitted in the SMS Hospital, Jaipur on 5.2.2002 where Orthopedic surgery for knee replacement was done. Petitioner submitted bills for expenditure incurred in the said surgery to the tune of Rs. 1,70,000/-before the authorities. It may be mentioned here that the bills for medical expenditure had been issued by the Rajasthan Medical Relief Society, SMS Hospital, Jaipur itself, however, the petitioner has been allowed reimbursement of the bills only to the tune of Rs. 1 lac, which comes to 59% of the expenses incurred on the treatment of his wife as referred to above.2. The writ petition has been filed by the petitioner claiming reimbursement of the whole amount citing instances of some officers,...
Madan Lal Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jan-06-2006
Reported in: I(2006)DMC864; RLW2006(4)Raj2621; 2006WLC(Raj)UC614
ORDER1. The appellant was indicted in Sessions Case No. 47/1999 before the learned Additional Sessions Judge No. 2, Sikar for having committed murder of his wife Gita. Learned Judge vide judgment dated June 8, 2001 convicted and sentenced the appellant under Section 302, IPC to suffer imprisonment for life and fine of Rs. 5000 in default to further suffer six months imprisonment.2. As per the prosecution case Gita (since deceased) was brought to the Hospital at Sikar on August 27, 1999 from village Lalasi in an injured condition. Hospital authorities admitted her and informed the Police vide letter (Ex, P-27). Bhagwan Singh, ASI (P.W. 15) reached hospital and recorded Parcha Bayan' of Gita at 6.00 a.m. In the Parcha Bayan (Exp. P-29) Gita stated that her husband Madan Lal (appellant), who had gone to Saudi Arabia 20 months ago, suddenly came back and around 2 a.m. woke her up and asked her to come out. No sooner did she got up, appellant kicked her and inflicted blows with a cutting in...
Raman Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jan-05-2006
Reported in: 2006CriLJ1201; RLW2006(2)Raj994; 2006(2)WLC546
H.R. Panwar, J.1. This criminal appeal under Section 374(2) of the Code of Criminal Procedure, 1973 (for short, 'the Code' hereinafter) is directed against the judgment and order dated 16.10.2003 passed by the Additional Sessions Judge (Fast Track) No. 1, Banswara (for short, 'the Trial Court' hereinafter) in Sessions Case No. 33/2002, whereby the Trial Court convicted the appellant for the offence under Section 376 IPC and sentenced him to undergo ten years rigorous imprisonment and a fine of Rs. 5000/-, in default of payment of fine further to undergo one month's rigorous imprisonment. Aggrieved by the judgment and order impugned, the appellant has filed the instant appeal.2. The facts of the case, to the extent they are relevant and necessary for decision of this appeal, are that PW 8 Miss Indira, the prosecutrix, lodged an FIR (Ex.P/2) with Police Station, Pipalkhunt, district Banswara, inter alia alleging therein that on 1.1.2002, at about 2:00 p.m., when she was grazing the cattl...
Mohan Lal and ors. Etc. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jan-05-2006
Reported in: 2006CriLJ1333; RLW2006(4)Raj2601
Khem Chand Sharma, J.1. The above titled two appeals by 4 appellants, namely Mohan La, Dev Raj, Purushottam and Banwari arise out of the judgment and order dated 13-4-2004 passed by the learned Additional Sessions Judge (Fast Track) No. 2, Chhabra, whereby the learned Judge has convicted and sentenced the appellants in the following manner :Accused Banwari. Mohah Lal and PurushottamUnder Section 302/149, IPCTo undergo imprisonment for life with a fine of Rs. 1000/-, in default of payment of fine, each to further undergo two months' simple imprisonmentAccused Dev RajUnder Section 302, IPCTo undergo imprisonment for life with a fine of Rs. 1000/-, in default of payment of fine, to further undergo two months' simple imprisonment All Accused appellantsUnder Section 325/149To undergo rigorous imprisonment for three years with a fine of Rs. 500/- each, in default of payment of fine, each to further undergo one months' simple imprisonment All Accused appellantsUnder Section 323, IPCTo undergo...
L.Rs. of Late Kapoorchand Vs. Municipal Board and ors.
Court: Rajasthan
Decided on: Jan-05-2006
Reported in: AIR2006Raj160; RLW2006(2)Raj1556; 2006(3)WLC84
Prakash Tatia, J.1. Heard learned Counsel for the parties.2. The appellant is aggrieved against the judgment and decree passed by the trial court dated 10.11.1980 by which in the suit filed by respondent-Municipal Board, Sagwara for cancellation of sale-deed dated 24.8.1973 executed by Nirbhay Shanker (defendant No. 2) in favour of Kapoor Chand (defendant No. 1) was decreed and dismissal of their regular first appeal by the appellate court on 17.3.1983.3. This second appeal was admitted by this Court on 7.9.1983 after framing the following substantial question of law: What is the effect of the judgment and decree passed in Suit No. 4 of 1966 - Nirbhay Shankar v. State and Ors. decided on 7.12.1970 by the Munsif Magistrate, Sagwara 4. It will be worthwhile to mention facts of the earlier suit filed by plaintiff's predecessor in title which is Civil Original Suit No. 4/1966. One Nirbhay Shanker claiming himself to be the owner of plot No. 4, filed a suit on 17.1.1966 for possession and i...
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