Rajasthan Court February 2006 Judgments
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Om Prakash Vs. State of Rajasthan
Court: Rajasthan
Decided on: Feb-06-2006
Reported in: RLW2006(2)Raj1559; 2006(2)WLC677
Shiv Kumar Sharma, J.1. Instant criminal appeal has been filed by accused appellant Omprakash against the judgment dated 4.7.2001 passed by Add. Sessions Judge, Chhabra District Baran whereby the accused appellant was convicted for the offence under Section 302 IPC and was sentenced for the imprisonment and Rs. 100/- fine in default to further suffer imprisonment of three month's RI.2. The brief facts relevant and essential for the disposal of the appeal are as under:3. PW-8 Balmukand lodged a written report Ex.P. 19 on 3.7.99 at 8.15 p.m. to SHO Police Station, Atru wherein it was mentioned that his uncle Om Prakash came to his house with his wife Dhapubai. On 3.7.99, his uncle Om Prakash was in his room and Balmukund and his mother were working out side the room in a Chouk. Dhapubai was also sitting with them. His uncle accused Om Prakash asked his wife to come inside the room, his aunt Dhapubai went there where accused Om Prakash caused her injuries by knife, they tried to rescue he...
Manphool @ Phoolia Vs. State of Rajasthan
Court: Rajasthan
Decided on: Feb-06-2006
Reported in: RLW2006(3)Raj1929; 2006(2)WLC471
Shashi Kant Sharma, J.1. Instant appeal has been filed by accused appellant Manphool @ Phoolia against the judgment dated 10.8.2001 passed by Addl. Sessions Judge (Fast Track), Baran whereby the accused appellant was convicted for the offence under Section 302 IPC and acquitted for the offence under Section 379 IPC and was sentenced for life imprisonment and Rs. 2000/- fine, in default to further suffer imprisonment of three month's RI for the offence under Section 302 IPC.2. The relevant facts which are essential for the disposal of the appeal are as under;3. PW3 Tejmal lodged an oral report to Police Station, Mangrol, Baran wherein it was stated that on 22.9.1991 he came back in the evening to his home, his wife told that our daughter Sita is missing. It was also stated that he was searching her with the help of other co-villagers. It was also stated that on 24.9.1991 at about 7 pm Hardayal informed him that some foul smell is coming from the drain of field of Nathya. He and other vi...
Shyoji and ors. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Feb-06-2006
Reported in: RLW2006(3)Raj1932; 2006(2)WLC483
Shiv Kumar Sharma, J.1. The six appellants before us were tried by the Special Judge SC/ST (Prevention of Atrocities) Act Jhalawar in Sessions case No. 6/1998. Learned Judge vide judgment dated January 30, 2003 found the appellants guilty and convicted them as under:Shyoji, Ramchandra and Mangi Lal;Under Section 147 IPC:Each to suffer rigorous imprisonment for six months and fine of Rs. 500/- in default to further suffer fifteen days simple imprisonment.Under Section 323/149 IPC:Each to suffer rigorous imprisonment for three months and fine of Rs. 500/-in, in default to further suffer fifteen days simple imprisonment.Under Section 324/149 IPC:Each to suffer rigorous imprisonment for one year and fine of Rs. 1000/-, in default to further suffer two months rigorous imprisonment.Under Section 325/149 IPC:Each to suffer rigorous imprisonment for three years and fine of Rs. 2000/-, in default to further suffer three months simple imprisonment.Under Section 302/149 IPC:Each to suffer impriso...
Suresh Kumar Vs. Mangilal and ors.
Court: Rajasthan
Decided on: Feb-06-2006
Reported in: II(2006)ACC420; 2006(2)WLC450
ORDERHarbans Lal, J.1. The matter has come up for orders on the application of appellant for modification of the interim order dated 20.7.2004 vide which while issuing notices of the stay application to the respondents, the execution of the award insofar as it related to the recovery of the amount of penalty was stayed in the meanwhile. It is now prayed that the recovery of interest on the award amount which has been demanded vide notice dated 17.12.2005 from the date of accident till the insurance company was informed may also be stayed.2. Respondent No. 1, the claimant, has neither put in appearance himself nor any Counsel has filed power on his behalf to contest the aforesaid application. However, the insurance company has contested the application through its Counsel though no written reply to the instant application and to the original stay application has been filed.3. I have heard learned Counsel for the appellant and the respondent No. 2 and have also perused the interim order ...
Sumitra Devi and ors. Vs. Vidya Prakash and ors.
Court: Rajasthan
Decided on: Feb-06-2006
Reported in: III(2006)ACC253
K.C. Sharma, J.1. Through this appeal under Section 173 of the Motor Vehicles Act, 1988, the appellant seeks to modify the award dated 23.12.1993 passed by the learned Judge, Motor Accident Claims Tribunal, Sikar whereby the learned Judge has awarded a sum of Rs. 2,00,000.2. I have heard learned Counsel for the parties and gone through the award sought to be modified. In the claim petition, the claimants have claimed compensation to the tune of Rs. 32,50,000 under various heads. The learned Judge, on consideration of evidence and material available on record and having concluded that the accident took place on account of rash and negligent driving of drivers of both vehicles No. RJV 8199 (Jeep) and No. UPS 6737 (Jonga) has awarded total compensation Rs. 2,00,000 on two counts i.e., Rs. 1,80,000 as against loss of income to the dependents and Rs, 20,000 as against loss of love and affection.3. In the accident, Kishan Singh Dhaka aged 40 years lost his life. A perusal of the award sought...
Mukna Ram Vs. State and ors.
Court: Rajasthan
Decided on: Feb-03-2006
Reported in: RLW2006(1)Raj814
Gopal Krishan Vyas, J.1. By way of filing present misc. petition under Section 482 Cr.P.C., the petitioner has prayed for quashing of FIR No. 120/2004 P.S. Chhaper registered against him upon the complaint filed by Prahlad Singh - non-petitioner No,2 for offence under Sections 406 and 410 IPC.2. It is stated by the learned Counsel for the petitioner that as per complainant, he purchased a tractor bearing No. RJ-10-R- 4825 from Mahendra Finance Company, Churu in August, 2002. It is further stated that as per allegation on 2.4.2004, his known person Shri Gopalram Swami and petitioner came to the complainant and asked for purchase of said tractor. At that time, some other villagers, Jodh Singh, Narayan Kheria and Gomadaram Nayak were present and in front of them, petitioner accepted the purchase of tractor from the complainant in consideration of Rs. 2,20,000/-. It is also stated that Rs. 10,000/- were paid in advance in connection with the consideration so accepted and the delivery of tr...
Mahesh Chandra Tak Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Feb-03-2006
Reported in: RLW2006(1)Raj838; 2006(2)WLC559
N.N. Mathur, J.1. The instant writ petition is yet another case seeking to bring to the fore serious administrative & financial irregularities against the present administrative set up of the J.N.V. University, Jodhpur, Petitioner seeks direction to the Central Bureau of Investigation to seize the entire papers, accounts & material relating to the Rajasthan Pre- Engineering Test 2003, hereinafter referred to as 'RPET-2003', conducted by the respondent No. 3 Dr. Naseem Bhatia Vice Chancellor JNV University Jodhpur, Professor Rajesh Mathur and Shri Ravi Saxena, both members of the Faculty of Engineering, JNV University, Jodhpur and to investigate the entire matter and submit its detailed report in a time-bound programme.2. It is averred that admissions to the First Year of BE/BTEXT/BR Degree Courses for the Sessions 2003-04 in various Engineering Colleges of the State of Rajasthan, were to be made on the basis of Pre-Engineering Test and so the State government authorized the respondent ...
State of Rajasthan Vs. Shri R.P. Agarwal and ors.
Court: Rajasthan
Decided on: Feb-03-2006
Reported in: RLW2006(2)Raj1654; 2006(3)WLC620
S.N. Jha, C.J.1. The State of Rajasthan has come in appeal against the decision of the learned Single Judge dated 29.5.97 allowing the writ petition of respondent No. 1 R.P. Agrawal with a direction to the appellant and respondents Nos. 2 and 3 herein to treat him as having voluntarily retired with effect from 30.9.94 and to grant/sanction all consequential retiral benefits to him.2. Brief facts of the case so far as relevant to dispose of this appeal are that respondent No. 1 who was holding the post of Technical Advisor in the State Enterprises Department of the State Government, sought voluntary retirement with effect from 30.9.1994 by giving notice to that effect on 2.6.94. He was informed vide letters dated 20.6.94 and 6.7.94 that his request was under consideration but no decision in the matter was communicated. On 30.9.94 he relinquished the charge of the post. Later, on 25.3.95 he was served with a charge-sheet in respect of a departmental proceeding under Rule 16 of the Rajast...
Nathu Singh Vs. Union of India (Uoi) and ors.
Court: Rajasthan
Decided on: Feb-03-2006
Reported in: RLW2006(3)Raj1734; 2006(2)WLC452
Gopal Krishan Vyas, J.1. In the instant writ petition, the petitioner has prayed for quashing the finding and sentence of the G.C.M. Ex.-8 and letter dated 7.8.1992 Ex.-11, whereby appeal filed by wife of petitioner. Smt. Anchi Kanwar under Section 164, Army Act was returned.2. According to the facts of the petition, the petitioner was working as Sowar in Indian Army, 1 Horse (Skinner's Horse). On 7.6.1991, he was arrested in connection with offence under Section 18 of the Narcotics Drugs & Psychotropic Substances Act, 1985 (in short, 'the Act of 1985' hereinafter) for having been found in possession of 20.020 kg of opium near village Thamansinghwala. Under the relevant Defence Personnel law, he was tried by the General Court Martial (in short, 'GCM' hereinafter) and punished with a sentence to suffer rigorous imprisonment for 10 years as well as dismissal from service.3. At a much belated stage, vide application dated 20.9.2005, the respondents have taken an objection to the entertain...
State of Rajasthan Vs. Sarita Choudhary
Court: Rajasthan
Decided on: Feb-03-2006
Reported in: RLW2006(3)Raj2507
N.N. Mathur, J.1. This State appeal is directed against the judgment of the learned Single Judge dt. 20.12.2000, whereby the writ petition filed by respondent has been allowed and the order of the State Government dt. 17.8.2000 containing directions regarding alteration or amendment in the eligibility criteria for contesting election of the Students' Union or Associations in their Constitution, has been quashed and set-aside. A further direction has been given not to interfere with the holding of election of Student's Union at the behest of the State Government or any other agency. It appears that the State Government with a view to bring reforms in the election process and to make functioning of the Students' Union more rational issued directions dt. 17.8.2000 to all the Government and private colleges whether affiliated or non-affiliated with the universities or whether receiving grant-in-aid or not, to provide the eligibility criteria for contesting the elections and other matters c...
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