Rajasthan Court February 2006 Judgments
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Bhagwati and ors. Vs. Sawai Singh and ors.
Court: Rajasthan
Decided on: Feb-14-2006
Reported in: III(2006)ACC890
G.S. Saraf, J.1. Heard Mr. K.N. Tiwari, for the appellants and Mr. Vinod Tyagi for respondent No. 3. 2. The facts in brief are that at about 6.15 p.m. on 27th August, 1991, Truck RRL-9691 collided with a Babool tree near Ladi Ki Puliya within the jurisdiction of Jamwa Ramgarh Police Station and then fell down under the Puliya. One Srawan La! died while the applicant-appellant Phool Chand Yogi sustained injuries in the accident. The injured Phool Chand Yogi and the legal representatives of the deceased Srawan filed two separate claims in the Motor Accident Claims Tribunal, Jaipur District Jaipur. Accordingly to the claim petitions, the driver Sawai Singh was driving the truck rashly and negligently. The learned Tribunal disposed of the two claims by one judgment and passed an award of Rs. 1,83,000 in favour of the legal representatives of the deceased Srawan and an award of Rs. 21,000 was passed in favour of the injured Phool Chand. The claimants have filed these two appeals against the...
Sohan Lal Vs. State of Raj.
Court: Rajasthan
Decided on: Feb-13-2006
Reported in: RLW2006(2)Raj1569; 2006(3)WLC381
R.S. Chauhan, J.1. The abduction and murder of Rajesh Kumar forms the background of these two appeals. The appellants have challenged the judgment dated 27th April, 2002 passed by the Additional Sessions Judge (Fast Track) No. 2, Bharatpur whereby both have been convicted for offences under Sections 302/34 IPC and have been sentenced to life imprisonment and imposed with a fine of Rs. 500/- and to undergo a further sentence of 6 months of simple imprisonment in default thereof. They have also been convicted for offence under Section 364 IPC and have been sentenced to 7 years rigorous imprisonment and imposed with a fine of Rs. 500/- and to further undergo 6 months of simple imprisonment in default thereof. Since both these appeals arise out of the same impugned judgment, they are being decided by this common judgment.2. The prosecution story starts in Bharatpur where one Mahendra Singh (PW-1) owned a jeep, bearing Registration No. UMW-7711, which he used to run as a tax. The driver of ...
Sunil Kumar Vs. Nahata Fabrics
Court: Rajasthan
Decided on: Feb-13-2006
Reported in: I(2007)BC144; RLW2006(3)Raj2161; 2006(2)WLC544
Gopal Krishan Vyas, J.1. By way of filing the present petition Under Section 482, CrPC the petitioner agitates validity of the order dated 29.7.2002 passed by the Chief Judl. Magistrate, Pali taking cognizance of offence Under Section 138, Negotiable Instruments Act, 1881 (in' short, 'the Act', hereinafter) against him as well as order dated 11.1.2005 passed by the Sessions Judge, Pali dismissing the revision petition filed by petitioner against order dated 29.7.2002.2. The case set out by the petitioner is that as per complaint, disputed cheques which were dishonoured were signed by non- petitioner No. 3 on behalf of company (non-petitioner No. 2). It is submitted that perusal of the complaint filed by non-petitioner No. 1 and statement of the complainant recorded Under Section 200, CrPC makes it clear that there is no allegation against the petitioner either that he has direct control over the management of the company or that he is working as incharge of the company. The petitioner ...
Tej Karan Vs. State
Court: Rajasthan
Decided on: Feb-13-2006
Reported in: RLW2006(3)Raj2157; 2006(2)WLC465
Harbans Lal, J.1. I have heard learned Counsel for petitioner Tejkaran, learned PP for the State on this second bail application filed Under Section 439 CrPC on behalf of petitioner Tejkaran who is alleged to have been found in possession of 145 grams of smack without valid license or permit. I have also perused the relevant documents placed before me.2. His learned Counsel has contended that the first bail application of the petitioner was dismissed as withdrawn on 26.8.2005. The contraband article allegedly recovered from the possession of the petitioner is less than the prescribed commercial quantity and the Co-ordinate Bench of this Court has granted bail in such matters. So, (lie petitioner may also be enlarged on bail.3. Learned PP has opposed the bail application. He has submitted that each case depends on its own facts and circumstances and merits. Grant of bail in one case cannot be treated as a precedent for other cases,4. Although, the contraband article allegedly recovered ...
Shiv Lal and Five ors. Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Feb-13-2006
Reported in: RLW2006(3)Raj1922; 2006(2)WLC614
Shiv Kumar Sharma, J.1. The seventeen appellants before us, along-with three other co-accused, were tried before the learned Additional Sessions Judge (Fast Track) Alwar in Sessions cases No. 57/2001 (13/000) (14/1999). Learned Judge vide judgment dated October 5, 2002 found the appellants guilty and convicted them as under:1. Shiv Lal, 2. Amar Singh, 3. Ramjeewan @ Seli @ Ramsahay, 4. Surjan, 5. Girraj, 6. Shri Ram, 7. Jai Narayan, 8. Jagga @ Jagdish, 9. Arjan, 10. Sitya @ Sita, 11. Sohan Lal, 12. Ratan Lal, 13. Krishna Lal, 14. Roop Narayan, 15. Sunder Lal, 16. Kishan and 17. Pappu;Under Section 148 IPC:Each to suffer rigorous imprisonment for three years and fine of Rs. 1000/-, in default to further suffer three months rigorous imprisonment.Under Section 323 IPC:Each to suffer rigorous imprisonment for one year.Under Section 302/149 IPC:Each to suffer imprisonment for life and fine of Rs. 2000/-, in default to further suffer six months rigorous imprisonment.Roop Narayan, Jagga @ Jag...
Maharaj Singh Vs. State
Court: Rajasthan
Decided on: Feb-10-2006
Reported in: RLW2006(2)Raj1341
Harbans Lal, J.1. The instant misc. petition under Section 482 Cr.P.C. seeks quashing/modification of the order dated 7.5.2005 passed by the learned Additional District & Sessions Judge, Dholpur in Criminal Revision No. 55/2005 whereby the order dated 28.4.2005 passed by the learned Civil Judge (Jr. Div.)- cum- Judicial Magistrate, Bari, District Dholpur in Criminal Case No. 206/2005 for offence under Section 29/51 of the Wild Life Protection Act has been upheld after modification.2. Learned counsel for the petitioner has contended that he is the owner of Tractor No. RJ 11-R7 49G alongwith trolley and the said tractor and trolley were seized by the police in connection with offence under Section 29/51 of the Wild Life Protection Act. The allegation against him is that he illegally transported the Chambal Sand (Bajri) from Chambal Crocodile Area. It is further contended that on his application for release of the said tractor and trolley on supurdaginama, the learned Magistrate allowed t...
Om Prakash Vs. State of Rajasthan
Court: Rajasthan
Decided on: Feb-10-2006
Reported in: RLW2006(2)Raj1561
S.K. Sharma, J.1. The appellant was tried by the Additional Sessions Judge (Fast Track) Chhabra District Baran in Sessions Case No. 05/2002. Learned Judge vide judgment dated December 10, 2002 found the appellant guilty of the charge under Section 302 IPC and sentenced him to suffer imprisonment for life and fine of Rs. 5.000/-, in default to further suffer two years rigorous imprisonment.2. The prosecution story as unfolded during trial is that SHO Police Station Atru District Baran on November 16, 1999 at 6.50 PM directed Pawan Kumar, ASI (PW-12) to reach to the Govt. Hospital Atru where injured Satya Narain was admitted. Pawan Kumar rushed to the Hospital and at 7.00 PM recorded parcha bayan (Ex.P. 8) of Satya Narayan, wherein he stated that on that day around 6.30 PM while he came form his shop and was sitting at Choraha. Om Prakash (appellant) arrived. Seeing Om Prakash when he got up and decided to proceed. Om Prakash sarcastically told him 'Aur Dada Kya Hal Hai' and inflicted kn...
L.R. Bairwa Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Feb-10-2006
Reported in: RLW2006(2)Raj1664; 2005(3)WLC30
S.N. Jha, C.J.1. By this writ petition the petitioner who is a retired District & Sessions Judge of the Rajasthan Higher Judicial Service seeks quashing of the orders dated 3.8.2002 and 16.1.2003 refusing his request to count his past service under the Reserve Bank of India (for short 'the RBI') for the purpose of pensionary benefits.2. Facts of the case are brief. The petitioner applied for and was selected for appointment to the Rajasthan Judicial Service being successful at the Competitive Examination conducted by the Rajasthan Public Service Commission. Pursuant to his appointment he joined the service on 29.8.1974. Earlier he was in service under the RBI on a clerical post from 16.7.1968 to 28.8.1974. While serving as District & Sessions Judge, the petitioner came to know that the past service of one Shri Radhey Shyam Gupta, a member of Rajasthan Higher Judicial Service rendered under the Employees State Insurance Corporation (for short 'the ESI Corporation') was counted for the p...
indra Kumar D. Rawal Vs. State and ors.
Court: Rajasthan
Decided on: Feb-10-2006
Reported in: 2007(1)SLJ398(Raj)
ORDERN.P. Gupta, J.1. Heard learned Counsel for the petitioner.2. By this petition, the petitioner seeks to challenge the Annexure-19, whereby the Dy. Director (Administration), Local Self-Government Directorate, has directed, that the post of Electrical Inspector (Assistant Electrical Inspector) is not in the promotional channel of LDC, still the petitioner has been promoted, which is illegal, and that cannot be regularised, therefore, it had been directed, that the promotion be cancelled immediately, and the name of the person, responsible for the promotion, be immediately sent, so that further action may be taken.3. It is contended that the petitioner was of course appointed as LDC, but then, it was vide Annexure 6, that he was promoted by the Executive Officer of the Municipality, stipulating, that the payment of salary would be paid on the budget, and the post, being sanctioned. Learned Counsel relied upon Annexure 5, and submitted, that it is the Municipal Board, which had recomm...
Mohd. Siddiqui Vs. State of Rajasthan
Court: Rajasthan
Decided on: Feb-09-2006
Reported in: RLW2006(4)Raj2930
Rajesh Balia, J.1. Heard the learned Counsel for the parties.2. From the material on record, the facts which emerge are that the petitioner retired from the service under the Department of Primary and Secondary Education on attaining the age of superannuation after serving the Department for almost 37 years and he had to wait for more than 4 years for getting his retiral dues that too after intervention of this Court. Notwithstanding there being clear provision for payment of interest on delayed payment of retiral dues, no interest was paid on the delayed payment of retiral dues.3. It was rather unfortunate that without going into merits of the case and apathy of the lowly paid Government servant after retirement, the petition was dismissed in limine by observing that the petitioner can seek his remedy by way of filing civil suit vide judgment under appeal, which has led to this appeal.4. According to the facts emerging from the record, the petitioner submitted pension paper in July, 1...
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