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Rajasthan Court February 2006 Judgments

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Feb 16 2006

Bhoop Singh and ors. Vs. State of Rajasthan

Court: Rajasthan

Decided on: Feb-16-2006

Reported in: RLW2006(4)Raj3301

R.S. Chauhan, J.1. The death of Asu Khan, the central theme of long testimonies and of all tales, continues to be shrouded in mystery. The sixteen appellants before us have been convicted and sentenced for offences under Sections 302, 302/149, 307/149 and 148 I.P.C. While Samay Singh has been convicted for offence under Section 302 I.P.C. simpliciter, and has been sentenced to Life Imprisonment, the rest of the appellants have been convicted and sentenced for offences under Sections 302/149 and sentenced likewise to Life imprisonment and have been imposed with a fine of Rs. 5,000/- each, and to further undergo a sentence of three years of simple imprisonment in default thereof. Along with Samay Singh, further they have been convicted and sentenced for offences under Sections 307/149 and sentenced to five years of rigorous imprisonment. For offense under Section 148, the appellants, including Samay Singh, have been sentenced to rigorous imprisonment of one year and have been imposed wit...


Feb 16 2006

Ram Chandra and ors. Vs. Anthony Garden and ors.

Court: Rajasthan

Decided on: Feb-16-2006

Reported in: III(2006)ACC373

K.C. Sharma, J.1. Through this appeal under Section 173 of the Motor Vehicles Act, 1988, the appellants seek to modify the award dated 18.5.1994 passed by the learned Judge, Motor Accident Claims Tribunal, Ajmer whereby the learned Judge has awarded a sum of Rs. 40,000 out of the total claim of Rs. 13,65,000 as claimed by the claimants.2. I have heard learned Counsel for the appellant and gone through the award sought to be modified. An unfortunate accident took place where Vishnu, a child aged 12 years was run over by the offending bus No. RRZ 551 insured by the National Insurance Company Ltd., respondent No. 3. In the claim petition, the claimants have claimed compensation to the tune of Rs. 13,65,000 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 bus by its driver has awarded a sum of Rs. 40,000 making the respondents liable to pay the ...


Feb 15 2006

S.M. Milkosh Limited Vs. State of Raj.

Court: Rajasthan

Decided on: Feb-15-2006

Reported in: 2006CriLJ1976; RLW2006(2)Raj1179; 2006(2)WLC358

R.S. Chauhan, J.1. The petitioner Company has challenged the orders dated 8.3.2002, 26.7.2003 and 26.11.2005. By the first order, the Chief Judicial Magistrate, Sawai Madhopur had directed that the second sample of Ghee, (the alleged adulterated food item) should be sent to the Central Food Laboratory, provided that the petitioner Company would deposit Rs. 1,000/- for such examination. By the second order, the Chief Judicial Magistrate had dismissed the application filed by the petitioner Company for modifying the order dated 8.3.2002. The petitioner Company had requested that the condition of depositing of Rs. 1,000/- should be deleted and the sample should be sent for further examination by the Central Food Laboratory. However, such a prayer was declined by the learned Chief Judicial Magistrate. By the third order, the Revisional Court dismissed the revision petition filed by the petitioner Company.2. The brief facts of the case are that on 17.5.2005 the Food Inspector had taken samp...


Feb 15 2006

Borilal Vs. State of Rajasthan and ors.

Court: Rajasthan

Decided on: Feb-15-2006

Reported in: 2006CriLJ1715

ORDERR.S. Chauhan, J.1. The petitioner has challenged the order dated 2-8-2005 passed by the Addl. Chief Judicial Magistrate No. 2, Jaipur District, Jaipur, whereby he has rejected an application moved under Section 91 of the Cr. P.C. (henceforth to be referred to as the 'Code' for short).2. The brief facts of the case are that the petitioner had lodged an FIR as P.S. Harmada with regard to an alleged agreement, for offences under Sections 420, 467, 468, 469 and 471, I.P.C. Since a civil dispute also existed between the petitioner and the accused person, in the said civil dispute the original copy of the agreement was submitted. However, in order to ascertain whether the said document was forged or not, the police required the said document. Therefore, the SHO, Police Station Harmada submitted an application under Section 91 of the Code before the Addl. Chief Judicial Magistrate No. 2, wherein he prayed that the original copy of the agreement should be given to police so that the polic...


Feb 15 2006

Gyarsa and 35 ors. Vs. State of Rajasthan

Court: Rajasthan

Decided on: Feb-15-2006

Reported in: RLW2006(3)Raj2181

Shiv Kumar Sharma, J.1. In an unfortunate incident four persons viz., Kheta, Jai Narain, Ganpat and Ramchandra lost their life. The dispute arose while Patthar Gadi (marking of boundary by fixing stones) on the field was in progress. Out of 63 accused persons named in the First Information Report, only 42 were charge-sheeted. Since accused Ram Swaroop and Rajveer were declared absconders, they were tried separately. Accused Ram Niwas @ Ram Kumar died during trial and proceedings against him stood dropped. Thus 40 appellants who have been convicted and sentenced vide judgment dated August 27, 2001 by the Additional Sessions Judge Kotputli District Jaipur are before us in these appeals. The details of appellants and punishment recorded against them are as under:Twenty four appellants in Criminal Appeal No. 647/2001 viz., 1. Gyarsa, 2. Laxman, 3. Rajbir @ Dholya, 4. Onkar S/o Gyarsa. 5. Sheoram, 6. Dharampal, 7. Ramdayal, 8. Badri, 9. Hazari, 10. Sawai Singh, 11. Gulzari, 12. Bhoma, 13. D...


Feb 15 2006

Deejay Neelum Marble Industries Pvt. Ltd. Vs. Union of India (Uoi) and ...

Court: Rajasthan

Decided on: Feb-15-2006

Reported in: 2006(202)ELT401(Raj); RLW2006(3)Raj2163; 2006(2)WLC509

Govind Mathur, J.1. This petition for writ is directed to challenge initiation of proceedings Under Section 4-I of the Imports and Exports (Control) Act, 1947 (hereinafter referred to as 'the Act of 1947') against the petitioner under a notice to show cause dated 26.2.1993 issued by the Additional Director General of Foreign Trade, Government of India Under Section 4L of the said Act.2. The Act of 1947 has already been repealed but in view of Section 20(2) of the Foreign Trade (Development and Regulation) Act, 1992 (hereinafter referred to as 'the Act of 1992') such repeal is having no effect on institution of proceedings for imposing penalty.3. The office of the Chief Controller of Imports and Exports, Government of India granted a CG Licence dated 20.10.1980 for Rs. 28,68,122/- to the petitioner with a condition to earn foreign exchange by exporting annually not less than 25% of the total production viz. marble slabs/blocks and other cladding material for a period of five years from ...


Feb 15 2006

Radha Devi and ors. Vs. Rajendra Singh and ors.

Court: Rajasthan

Decided on: Feb-15-2006

Reported in: III(2006)ACC348

K.C. Sharma, J.1. Through this appeal under Section 173 of the Motor Vehicles Act, 1988 the appellants seek to modify the award dated 31.1.1994 passed by the Motor Accident Claims Tribunal, Jaipur, by which the learned Tribunal has awarded compensation to the tune of Rs. 80,000 out of the total claim of Rs. 9,57,800 as claimed by the claimants.2. In the early morning i.e., at 4.00 a.m. on 8.4.1986, deceased Gopi Lal was passing through Sansar Chandra Road in Truck No. RJY3073 and when he had just crossed the circle near Government Hostel at M.I. Road, a mini bus No. RNE 6518 being driven rashly and negligently by its driver, coming from Ajmeri Gate and going towards Railway Station dashed the front left side of the truck, as a result of which the truck over turned and driver Gopi Lal died.3. The learned Tribunal having concluded that the accident took place on account of negligence of drivers of both the vehicles has awarded compensation to the claimants. The liability of the Insurance...


Feb 15 2006

Kashi Nath Vs. Aftab and anr.

Court: Rajasthan

Decided on: Feb-15-2006

Reported in: IV(2006)ACC577

ORDERK.C. Sharma, J.1. Through this appeal under Section 173 of the Motor Vehicles Act, 1988 the appellant seeks to modify the award dated 29.3.1994 passed by the Motor Accident Claims Tribunal, Jaipur, by which the learned Tribunal has awarded compensation to the tune of Rs. 3,000 out of the total claim of Rs. 1,11,000 as claimed by the claimant.2. The factual matrix are that on 7.4.1987, a roadways bus bearing No. RNP 1250 dashed Jeep No. RJV 3945 and caused injuries to Bhairoo Lal, driver of the jeep and appellant Kashi Nath who was travelling in the said jeep, while they were going from Jaipur to Village Patan and were 5 kmt. ahead of village Chandwaji.3. The learned Tribunal having found that accident occurred as a consequence of rash and negligent driving of bus by its driver, awarded a claim of Rs. 3,000 as against the injuries @ Rs. 1,000 per injury. Having gone through the injury report, it is evident that injured appellant sustained 3 simple injuries, for which the learned Tr...


Feb 14 2006

Bakhtawar Singh Vs. Tikam Chand

Court: Rajasthan

Decided on: Feb-14-2006

Reported in: RLW2006(2)Raj1553; 2006(2)WLC704

Harbans Lal, J.1. The instant civil second appeal has arisen out of a suit filed by respondent-plaintiff Tikam Chand for eviction and arrears of rent. The suit came to be decreed with costs by the learned Munsiff (East), Ajmer on 8.4.1991. The appeal filed against the said judgment and decree decreeing the suit was dismissed with costs on 7.10.1993 by the learned Addl. District Judge No. 1, Ajmer. This has led to the filing of the present civil second appeal.2. Briefly stated the relevant facts are that the plaintiff- respondent rented his house situated at Dhola Bhata Housing Colony, Ajmer to appellant-defendant on a monthly rent of Rs. 110/-. It was averred that the appellant-defendant did not pay the rent since 1.5.1980 despite notice. The suit was also filed on the ground that the appellant-defendant had left Ajmer since March, 1981 and was not using the rented premises and that the had denied the title of the landlord. The appellant-defendant denied all averments made in the suit ...


Feb 14 2006

Heera Khan and ors. Vs. State of Rajasthan

Court: Rajasthan

Decided on: Feb-14-2006

Reported in: RLW2006(3)Raj1730; 2006(4)WLC371

Shiv Kumar Sharma, J.1. Heera Khan, Niyamat and Pappu, the appellants herein, were tried by the learned Additional Sessions Judge (Fast Track) Kishangarh District Alwar in Sessions case No. 194/2001. Learned Judge vide judgment dated July 19, 2002 convicted and sentenced them as under:Under Section 302 IPC: Each to suffer imprisonment for life and fine of Rs. 5000/-, in default to further suffer rigorous imprisonment for three years.Under Section 307 IPC:Each to suffer rigorous imprisonment for ten years and fine of Rs. 5000/-, in default to further suffer rigorous imprisonment for three years.Under Section. 148 IPC:Each to suffer rigorous imprisonment for three years and fine of Rs. 1000/-, in default to further suffer rigorous imprisonment for six months.Under Section. 323 IPC:Each to suffer rigorous imprisonment for one year and fine of Rs. 1000/-, in default to further suffer rigorous imprisonment for three months.Under Section. 324 IPC:Each to suffer rigorous imprisonment for thre...


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