Rajasthan Court April 2006 Judgments
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Ajay Kumar @ Jagveer Singh Vs. State of Rajasthan
Court: Rajasthan
Decided on: Apr-25-2006
Reported in: RLW2006(4)Raj2855; 2006(4)WLC180
Shiv Kumar Sharma, J.1. Jagveer Singh, the appellant herein, was born in village Majhola Police Station Hathras Junction (UP). He came to Jaipur with fictitious name Ajay Kumar and became tenant of Suraj Devi (now deceased) in her house No. 505 Gangauri Bazar. On February 17, 2001 Suraj Devi was found killed in her room which was locked from out side. On the allegation of murder of Suraj Devi, the appellant was put to trial before the learned Special Judge (Fake Currency Cases) Jaipur City, Jaipur, who vide judgment dated September 5, 2002 convicted and sentenced the appellant as under:Under Section 302 IPC:To suffer imprisonment for life and fine Rs. 3000/-, in default to further suffer three and half months rigorous imprisonment.Under Section 394 IPC:To suffer rigorous imprisonment for ten years and fine Rs. 2,000/- in default to further suffer three months rigorous imprisonment.Under Section 449 IPC:To suffer rigorous imprisonment for five years and fine Rs. 1,000/- in default to fu...
Shambhu Vs. Jeevani
Court: Rajasthan
Decided on: Apr-25-2006
Reported in: RLW2007(1)Raj671
G.S. Sarraf, J.1. Heard learned Counsels for the parties on application Under Section 24 of the Hindu Marriage Act.2. The appellant is directed to pay to the respondent Rs. 3000/- as expenses of the proceeding and Rs. 1000/- per month as a maintenance from 1.5.2004 till disposal of the appeal.3. The application stands disposed of accordingly....
Narendra Kumar Sharma Vs. State of Rajasthan and anr.
Court: Rajasthan
Decided on: Apr-24-2006
Reported in: RLW2006(2)Raj1686
Ashok Parihar, J. 1. Petitioners are seeking appointment to the post of Teacher Gr. III in pursuance to the advertisement issued way back in the year 1996. Admittedly, the whole selection process is over and appointments have also been made long back. There cannot be any dispute that selections are made for the vacancies of a particular year. A select-list is also prepared accordingly. There is a fix period of life of select list as well. With the lapse of time after expiry of select list, no directions for appointment can be issued by this Court from the select list already expired long back. Even if there are vacancies still exist from a particular year and the same have not been filled for one reason or the other, the vacancies shall be carried forward for the next year. No appointment can be made from a select list already expired. This will result in not only violation of relevant rules but Articles 14 and 16 of the Constitution as well because there maybe more meritorious expirin...
Nand Kishore @ Nandu Vs. State of Rajasthan
Court: Rajasthan
Decided on: Apr-24-2006
Reported in: RLW2006(4)Raj2761; 2006(3)WLC518
Shiv Kumar Sharma, J.1.The appellant was put to trial before the learned Sessions Judge Ajmer, who vide judgment dated October 24, 1997 convicted the appellant under Section 302 1PC and sentenced him to suffer imprisonment for life and fine Rs. 500/-.2. It is the prosecution case that on July 1, 1996 at 10.15 PM the informant Jeewan Lal (PW. 4) submitted a written report at Police Station Clock. Tower Ajmer stating therein that around 9.30 PM accused Nand Kishore inflicted knife blow at the chest of Kishan Lal (since deceased). Kishan Lal was removed to hospital but on the way to hospital he died. On the aforesaid report a case under Sections 302 IPC was registered and investigation commenced. After usual investigation charge sheet was filed. In due course the case came up for trial before the learned Sessions Judge Ajmer. Charge under Section 302 IPC was framed against the appellant, who denied the charges and claimed trial. The prosecution in support of its case examined as may as 16...
Kalyan Mal Sharma Vs. the Special Judge and ors.
Court: Rajasthan
Decided on: Apr-21-2006
Reported in: RLW2006(2)Raj1533; 2006(3)WLC325
Gopal Krishan Vyas, J.1. The present petition under Section 482, Cr.P.C. is directed against the impugned remarks in the judgment dated 4.11.2004 passed by the Special Judge, N.D.P.S. Cases, Jodhpur in Sessions Case No. 38/2004.2. The petitioner, then Deputy Inspector General of Police, Jodhpur Range, Jodhpur, has impugned the judgment dated 4.11.2004 with the prayer to expunge the Court remarks/observation, to the extent, they relate to the petitioner in respect of investigation lapses on the ground that neither the investigation was conducted under the supervision of the petitioner nor petitioner was called upon at the trial for recording his statement by the prosecution.3. It is the case that an anonymous complaint was received in the office of the petitioner about illegal transportation of heroine which information was passed on by the petitioner to the concerned authority and, thereupon, the Regional Director, Narcotic Control Bureau, Regional Office, Jodhpur by its order dated 17...
Mining Engineer (Vig) Vs. Akhlesh Kumar Sharma and anr.
Court: Rajasthan
Decided on: Apr-21-2006
Reported in: [2006(110)FLR801]; (2006)IIILLJ992Raj; 2006(3)WLC197
Ashok Parihar, J.1. On an application filed by the respondent No. 1 (the concerned workman) under Section 15 of the Payment of Wages Act, 1936 (hereinafter to be referred to as 'the Act'), a sum of Rs. 4368.95 paise were computed by the Payment of Wages Authority, Bharatpur (the Authority) vide order dated March 9, 1990. The above sum included the wages for the period from November 1, 1968 to January 31, 1988 (sic.) with compensation and other consequential amounts. Since compliance of the above order dated March 9, 1990 was not made, the concerned workman again filed an application under Section 20(6) of the Act before the Authority. The Authority, while allowing the application, vide order dated July 26, 1993, directed the petitioner to pay additional sum of Rs. 18,250/- as penalty at the rate of Rs. 15/- per day for delayed payment for 1215 days. The order dated March 9, 1990 as also July 26, 1993 are under challenge in the present writ petition.This Court, while dismissing the writ...
National Insurance Company Ltd. Vs. Geeta Bai and ors.
Court: Rajasthan
Decided on: Apr-21-2006
Reported in: III(2006)ACC286
R.S. Chauhan, J.1. The appellant Insurance Company is challenging the award dated 9.11.2005 passed by the Motor Accident Claims Tribunal, Bundi whereby the Tribunal has awarded Rs. 3,96,000 to the claimant-respondents for the death of Bhagwan Meena.2. The brief facts of the case are that on 28.2.2004 Bhagwan Meena and others were travelling in a jeep, bearing Registration No. RJ-20-T-0940, from Kota to Bundi on National Highway. When they reached near Badgaon, a truck, bearing Registration No. PB-4B-9982, being driven rashly and negligently, collided with the said jeep. Consequently, Bhagwan Meena and one smt. Jamila died on the spot and one Banshilal sustained injuries. Left without the bread earner, wanting some compensation for the sudden death, the respondentNos. 1 to 7 filed aclaim petition before the Tribunal. Since three different claim petitions were filed arising out of the same accident, the learned Tribunal by a common award was pleased to award the compensation as aforement...
Derawar Singh Vs. State of Rajasthan
Court: Rajasthan
Decided on: Apr-21-2006
Reported in: RLW2006(2)Raj1536; 2006(3)WLC403
H.R. Panwar, J.1. With the consent of the learned Counsel for the parties, the revision petition is finally heard and being decided at the admission stage.2. By the order dated 10.4.2006, the record of the Trial Court was requisitioned, which has been received.3. The petitioner has been convicted by the judgment and order dated 20.3.2006 passed by the Additional Chief Judicial Magistrate, Barmer (for short, 'the Trial Court' hereinafter) in Criminal Case No. 272/2004 for the offence under Section 19/54 of the Rajasthan Excise Act, 1950 (for short, 'the Act' hereinafter) on the plea of guilty entered into by him and sentenced to undergo two years simple imprisonment and a fine of Rs. 1000/-, in default of payment of fine further to undergo one month's simple imprisonment. The conviction and sentence recorded by the Trial Court is on the plea of guilty and, therefore, in view of the provisions of Section 375 of the Code of Criminal Procedure, 1973 (for short, 'the Code' hereinafter), the...
Ram Lal Vs. State of Rajasthan
Court: Rajasthan
Decided on: Apr-20-2006
Reported in: 2006CriLJ2530; RLW2006(3)Raj2011; 2006(3)WLC492
Khem Chand Sharma, J.1. This criminal appeal by appellant Ram Lal arises out of the judgment and order dated 29.1.85 passed by the Additional Sessions Judge Kishangarh-bas, by which the learned Judge has convicted the appellant for offence Under Sections 376 IPC and sentenced him to undergo rigorous imprisonment for 7 years with a fine of Rs. 500/-, in default thereof, to further undergo rigorous imprisonment for 3 months.2. At the very out set, it may be stated that another accused Vijay Kumar who was convicted and sentenced for offence Under Section 376 read with Section 114 IPC had also filed separate appeal against his conviction. During pendency of his appeal, Vijay Kumar died and accordingly this Court disposed of his appeal as having become abatted, in view of the provisions of Section 394 Cr.P.C.3. Succinctly stated the facts of the case giving rise to the present appeal are that on 9.9.81, PW 3 Chiman Ram lodged a written report, Ex. P. 3 at Police Station, Kishangarh bas alle...
Kaushalya and anr. Vs. State of Rajasthan and anr.
Court: Rajasthan
Decided on: Apr-20-2006
Reported in: 2(2006)DMC266
ORDERG.S. Sarraf, J.1. The two petitions under Section 482, Cr. P.C. are directed against two orders dated 17.9.2005 passed by learned Additional Chief Judicial Magistrate, Niwai in Criminal Case No. 426/2005. (FIR No. 48/2005, Police Station Niwai).2. The facts in brief are that one Pinki Kanwar filed a complaint under Sections 120-B,313, 323, 341, 354, 406, 420, 498-A and 509, IPC against the four petitioners in the Court of Additional Chief Judicial Magistrate, Niwai, which was sent to Niwai Police Station for investigation under Section 156(3), Cr. P.C. The police conducted the investigation and filed a charge sheet under Sections 498-A, 406,341, 323, 313 and 354, IPC against the petitioners Vikram Singh and Bhairo Singh only. The Additional Chief Judicial Magistrate, Niwai not only took cognizance of the above offences against thepetitioners Vikram Singh and Bhairo Singh but also took cognizance of the offences under Sections 498-A, 313 and 120-B, IPC against the petitioner Kausha...
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