Rajasthan Court March 2006 Judgments
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Abdul Latif and ors. Vs. Nagar Vikas Pranyas
Court: Rajasthan
Decided on: Mar-07-2006
Reported in: AIR2006Raj215; RLW2006(3)Raj2288; 2006(4)WLC66
Prakash Tatia, J.1. The plaintiffs are aggrieved against the dismissal of his suit for permanent injunction against respondent Urban Improvement Trust, Udaipur by the trial Court by judgment and decree dated 22.11.1979. The appeal against the judgment and decree of the trial court dated 22.11.1979 too was dismissed on 25.10.1983. However, while dismissing the appeal, the appellate Court observed that since the plaintiffs are in old possession of the suit property, therefore, it is expected from the U.I.T., Udaipur to follow the due process of law in case they found it appropriate to evict the plaintiffs from the suit property.2. The grievance of the appellant-plaintiffs is that the appellants-plaintiffs acquired title, at least by long settled possession, therefore, they cannot be evicted from the suit property by any one. By allowing the U.I.T., Udaipur to evict the appellants-plaintiffs, the Courts failed in recognising plaintiffs' title in the property in dispute.3. The plaintiffs' ...
Babu Lal and ors. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Mar-06-2006
Reported in: RLW2006(2)Raj1633
Sharma, J.1. Babu Lal, Bhaga Ram and Durga Prasad, the appellants herein, along with seven other co-accused were tried before the learned Additional Sessions Judge No. 1 Sikar in Sessions Case No. 14/1999. Learned Judge vide judgment dated May 14, 2001 while acquitting co-accused persons, convicted and sentenced the appellants as under: -Durga Prasad:Under Section 448 IPC:To suffer rigorous imprisonment for six months.Under Section 302 IPC:To suffer imprisonment for life and fine of Rs. 5000A, in default to further suffer two months simple imprisonment.Babu Lal and Bhaga Ram:Under Section 448 IPC:Each to suffer rigorous imprisonment for six months.Under Section 302/34 IPC:Each to suffer imprisonment for life and fine of Rs. 5000/- , in default to further suffer two months simple imprisonment.Substantive sentences were directed to run concurrently.Finding of acquittal of seven co-accused persons has been assailed by the State of Rajasthan in appeal No. 674/2001, whereas the appellants h...
Moonga Ram @ Mange Lal and anr. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Mar-06-2006
Reported in: RLW2006(2)Raj1578
S.K. Sharma, J.1. Moonga Ram @ Mange Lal and Subhash, the appellants herein, were tried by the learned Additional Sessions Judge (Fast Track) Jhunjhunu in Sessions Case No. 99/2001 (43/1999). Learned Judge vide judgment dated February 27, 2002 convicted and sentenced them as under: Moonga Ram @ Mange Lal: Under Section 341 IPC :To suffer simple imprisonment for one month. Under Section 302 IPC :To suffer imprisonment for life and fine of Rs. 500/-, in default to further suffer three months rigorous imprisonment.Subhash : Under Section 341 IPC:To suffer simple imprisonment for one month. Under Section 302/34 IPC :To suffer simple imprisonment for one month. Under Section 302302/34 IPC :To suffer imprisonment for life and fine of Rs. 500/-, in default to further suffer three months rigorous imprisonment.Substantive sentences were directed to run concurrently.(2). The prosecution story is woven like this : On October 18, 1999 at 9.15 P.M. informant Narayana Saini (PW-1) submitted a writte...
Satya Narayan @ Bada and ors. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Mar-06-2006
Reported in: RLW2006(3)Raj1959; 2006(3)WLC166
Shashi Kant Sharma, J.1. Instant criminal appeal has been preferred by accused appellants Satya Narayan @ Bada, Smt. Motiya Bai and Smt. Santosh Bai against the judgment dated 5th July, 2002 passed by Addl. Sessions Judge (Fast Track) No. 1, Bundi whereby accused appellant Satya Narayan @ Bada was convicted for the offence Under Section 302 IPC and was sentenced for life imprisonment and a fine of Rs. 5,000/-, in default to further suffer imprisonment of two months' SI and accused appellants Smt. Motiya Bai and Smt. Santosh Bai were convicted for the offence Under Section 302/34 IPC and were sentenced to life imprisonment and a fine of Rs. 1,000/- each, in default to further suffer one month RI.2. Brief facts relevant and essential for the disposal of the appeal are as under:3. According to prosecution story, Ramkishan PW-4 informed the police of Police Station, Nainwa on 15th November, 1999 at 3 pm that dead body of Mahaveer is lying in 'KHAL' in the BEED of Maharaja. This information...
Manohar Singh Vs. the State of Rajasthan Through Pp
Court: Rajasthan
Decided on: Mar-06-2006
Reported in: RLW2006(3)Raj2153
Narendra Kumar Jain, J.1. The Sessions Judge, Ajmer, vide its judgment dated 7.1.2002 in Sessions Case No. 23/2000, convicted and sentenced accused appellant Manohar Singh Son of Shri Bhairon Singh, Under Section 8/18 of the N.D.P.S. Act, 1985 (for short, 'the Act') to ten years rigorous imprisonment and a fine of Rs. 1,00,000/-; in default of payment of fine, to further undergo one year's rigorous imprisonment. Being aggrieve with the same, the accused appellant has preferred this appeal before this Court.2. Briefly stated the facts relevant for disposal of this, appeal are that on 16.5.2000 Kesar Singh (PW. 7), the S.H.O., Police Station Civil Lines, Ajmer, lodged First Information Report at Police Station Civil Lines, Ajmer, District Ajmer, wherein it was alleged that on that date at about 8.30 PM he was on petrolling duty at Ambedkar Circle near Bus Stand. One informer informed him that one person wearing trouser of green colour and shirt of cream colour, aged about 22-23 years, is...
R.L. JaIn and ors. Vs. Dr. Mahendra Pratap Singh and anr.
Court: Rajasthan
Decided on: Mar-03-2006
Reported in: RLW2006(3)Raj1765
Prakash Tatia, J.1. Brief facts of the case are that the plaintiff and respondent No. 1 filed the suit for eviction of his tenant respondent No. 2 and impleaded appellant-defendant also party in the suit because of the reason that according to the plaintiff, the suit premises was let out by the plaintiff to defendant No. 1 on monthly rent of Rs. 200/-but the defendant No. 1 sold his suit shop business to defendant No. 2 and other defendants. According to the plaintiff, to save their eviction from the suit premises on the ground of sub-letting, a partnership deed was prepared by the defendants. It is also pleaded by the plaintiff that subsequent to creation of that sham partnership, the said partnership was dissolved and defendant No. 2 alone was made proprietor of the firm. However, according to the plaintiff in terms of the partnership deed dated 1.2.1974 prepared by defendants, all the defendants were liable to pay the rent for the rented premises. The plaintiff submitted that the re...
Dilip @ Bhola Vs. the State of Rajasthan Through P.P.
Court: Rajasthan
Decided on: Mar-03-2006
Reported in: II(2006)DMC300; RLW2006(3)Raj2115; 2006(2)WLC743
Narendra Kumar Jain, J.1. This appeal is directed against the judgment and order dated 8th of July 2002 passed by the Additional District and Sessions Judge (Fast Track) No. 2, Dholpur, in Sessions Case No. 300/2001, whereby he convicted and sentenced the accused appellant Under Section 304-B of the Indian Penal Code (for short, 'IPC'), to ten years rigorous imprisonment.2. Briefly stated, the facts of the case are that on 9th April 2000 PW% 1 Deep Singh lodged a written report (Exhibit P-1) at Police Station Kotwali Dholpur, wherein it was alleged that his daughter Rekha was married with Bhola @ Dilip Singh about three years ago. Bhola @ Dilip Singh started harassing her daughter Rekha by saying that her father has not given dowry. He used to tell her daughter to bring dowry in cash as well as scooter, it was further alleged that his daughter was ousted from the house and she remained with him for about four months but she was taken back by Bhola (w Dilip Singh about twenty days ago a...
Ramdev Vs. State of Rajasthan
Court: Rajasthan
Decided on: Mar-03-2006
Reported in: RLW2007(1)Raj689; 2005WLC(Raj)UC201
Vineet Kothari, J.1. This Misc. Petition Tiled under Section 482 Cr.P.C. is directed against order of trial Court dated 7.12.2005 passed by the Additional Sessions Judge (Fast Track), Sikar in Sessions Case No. 75/2005 whereby he rejected the application filed by the accused petitioner under Section 311 Cr.P.C. for recalling the prosecutrix in the trial which is pending against the accused petitioner for offence under Sections 366, 376 and 383 IPC.2. Mr. Gupta, the learned Counsel for the petitioner submits that there are variations in the statements of prosecutrix recorded by the police under Section 161 Cr.P.C. and also under Section 164 Cr.P.C. recorded before the learned Magistrate and the statement recorded by the Trial Court. He has shown me the copies of the said statements and submitted that since the crossexaminations of the prosecutrix could not be fully and properly done when the statements were recorded by the trial Court on 7.6.2005, the learned trial Court ought to have a...
Abdul Karim Sheikh Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Mar-02-2006
Reported in: RLW2006(2)Raj1519; 2006(3)WLC613
Ashok Parihar, J.1. Petitioner while serving as Teacher in the respondent institution was served with two charge-sheets on 18.2.1982 and 4.3.1982. After receiving reply to both the charge sheets a meeting of governing body of the institution was called on 17.5.1982. The petitioner was given an opportunity of hearing in the meeting of the governing body held on the above date. Thereafter as per resolution of the governing body, the services of the petitioner were terminated vide order dated 18.5.1982. The above resolution in regard to termination of services of the petitioner was further confirmed by the resolution of the governing body in presence of nominee of the State Government on 10.8.1982.2. It appears that aggrieved by the order of termination dated 18.5.1982 the petitioner preferred an appeal before the District Education Officer, Sikar. The appellate authority, while allowing the appeal vide order dated 18.12.1983, directed the respondent institution to reinstate the petitione...
Ramanand Vs. State of Rajasthan
Court: Rajasthan
Decided on: Mar-02-2006
Reported in: RLW2006(3)Raj1800; 2006(2)WLC622
Khem Chand Sharma, J.1. Since all the three above titled appeals arise out of the judgment and order dated 25.2.1984 in sessions case No. 13/81, they are being decided by this common judgment.2. On 17.6.1980, PW3 Babulal lodged a written report, Ex.P6 at Police Station, Bassi alleging therein that oh the previous night at about 8-9 PM, 8-10 dacoits wearing 'Khakhi' dresses, duly armed with guns entered his house and gave beating to PW1 Damodar. They broke open the locks of the shops and opened fire, the pallets of which hit one Pokhar Balai of village Badawa. It was alleged (hat the dacoits broke open the lock of his room and after breaking iron safe looted gold and silver ornaments and he would submit the list of looted property. Lastly it was alleged that dacoits also broke opened the lock of the room of Damodar and took away watch etc.3. On the basis of aforesaid written report, the Police registered a case for offence under Sections 395, 397 and 307 IPC vide FIR Ex.P29 and proceede...
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