Rajasthan Court July 2006 Judgments
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Seva Ram Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jul-20-2006
Reported in: RLW2006(4)Raj2833
N.N. Mathur, J.1. It is the case of strange infatuation, where the appellant alleged to have killed his wife and daughter aged 8-9 years on a trifle issue not with the victims but his own brothers. Quickly after the incident appellant made confession of the commission of the crime before PW. 1 Majid Khan and later on PW. 11 Dalu Ram. The appellant was arrested on the same day. His clothes stained with human blood which he was wearing at the time of arrest were seized. He made a discloser statement consequent to which weapon of offence namely Axe and knife were recovered. On being chargesheeted he faced trial for offence under Section 302 IPC. The court of Additional Sessions Judge, Deedwana held him guilty of offence under Section 302 IPC and sentenced to imprisonment for life by the impugned judgment dated 6.5.2003. He has also been convicted for offence under Section 201 IPC and sentenced to 2 years rigorous imprisonment. Admittedly, there is no direct evidence of eye-witnesses. The ...
Kanhaiya Lal and anr. Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Jul-20-2006
Reported in: RLW2006(4)Raj3141; 2006WLC(Raj)UC346
Ashok Parihar, J.1. Petitioner No. 1 Kanhaiyalal took a loan of Rs. 43332/- from the respondent No. 5 - State Bank of Bikaner and Jaipur for purchase of a tractor and a cultivator. The loan was secured by hypothecation of the tractor and the cultivator. As a co-lateral security, the agricultural land of the petitioner measuring about 103 bighas was also mortgaged with the bank. The loan was repayable in 14 half yearly instalments of Rs. 3000/- each along with the interest. The first instalment was to commence from December, 1982. The entire loan was to be repaid over a period of 7 years i.e. upto December, 1989. Petitioner, having failed to pay the first instalment in full and in time, proceedings under the Rajasthan Agricultural Credit Operation (Removal of Difficulties) Act, 1974 (for short 'the Act of 1974 (for short 'the Act of 1971) were initiated on 8.11.1983 though the petitioner had deposited a sum of Rs. 2000/- as part of first instalment on 13.6.1983. During the proceedings, ...
State of Rajasthan and ors. Vs. Harish Chandra Sharma and ors.
Court: Rajasthan
Decided on: Jul-20-2006
Reported in: [2007(112)FLR968]; RLW2006(4)Raj3028
P.S. Asopa, J.1. In writ petition No. 4298/1993, the award of Industrial Tribunal, Jaipur dated 3.12.1992 (Ann. 6) is under challenge whereas in another writ petition i.e. 2396/1996, the workman raised the grievance of non-compliance of the award, more particularly, proceeding under Section 33(C)(2) of the Industrial Disputes Act, 1947 (for short 'the Act') before Labour Court, Jaipur for computation of back-wages and other benefits as awarded by Industrial Tribunal, Jaipur. The subsequent writ petition is arising out of execution proceeding of award which is under challenge in earlier writ filed by State, therefore, both the writ petitions are connected and being decided by this common order.2. Briefly stated, the facts of the case are that the workman was appointed as patwari in the regular pay-scale vide order dated 2.3.1973 against the leave reserve vacancy. The workman submitted the joining report on 5.3.1973 and he continuously worked from 5.3.1973 to May, 1974, but when the wage...
Nemi Chand Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Jul-20-2006
Reported in: 2006CriLJ4258; RLW2007(2)Raj1524
Shiv Kumar Sharma, J.1. Heard rival submission.2. The appellant seeks to challenge the order dated March, 5, 2003 of the learned single Judge, whereby the writ petition assailing the pppointment of Shri Mani Ram Sharma, Advocate as special Public Prosecutor to handle the criminal case, was dismissed.3. Brief resume of the case is that Shri Mani Ram Sharma, Advocate, who already represented the complainant, was appointed as Special Public Prosecutor by the State a Governmet Under Section 24(8) of the Code of Criminal Procedure in a Criminal case bearing FIR No. 15/2000 registered at Police Station Sadar, Jhunjhunu Under Section 147, 148, 149, 365, 302, IPC. Contention of learned Counsel before the learned single Judge was that the State Government while appointing Shri Mani Ram Sharma as Special P.P. did not apply its mind. Shri Mani Ram Sharma had already appeared on behalf of the complainant and in view of the fair trial, his appointment was bad in law. Learned single Judge did not ag...
General Insurance Employees Association Vs. General Insurance Corporat ...
Court: Rajasthan
Decided on: Jul-19-2006
Reported in: RLW2006(4)Raj2679; 2007(1)SLJ362(Raj)
Mohammad Rafiq, J.1. The Central Insurance Employees Association (for short 'the Association') has filed this appeal against the judgment dated 25th May, 1993 passed by the learned Single Judge dismissing their writ petition. In the writ petition, the appellant challenged the order Exhibits 2 and 3 (both dated 1st August, 1988) by which the respondents No. 4 to 6 were promoted to the post of Assistant Administrative Officer (in short 'the AAO') in Delhi Tariff Region of United India Insurance Company on the premise that these promotions were against the policy framed by the General Insurance Corporation of India (in short GIC) for Supervisory, Clerical and Subordinate staff.2. We have heard Shri N.M. Lodha learned Counsel appearing for the appellant and Shri M.S. Singhvi learned Counsel who represents the respondents No. 1 to 3. Respondents No. 4 to 6 whose promotions have been assailed in these proceedings have chosen not to appear in spite of service of notices on them.3. Apart from ...
Govind Ram Vs. State
Court: Rajasthan
Decided on: Jul-19-2006
Reported in: 2007CriLJ496
ORDERGopal Krishan Vyas, J.1. By way of filing the present revision petition, the petitioner has challenged the judgment dated 17-11-1992 passed by Additional Chief Judicial Magistrate, Deedwana in Criminal Case No. 116/1992 (245/1989) whereby the learned trial Court convicted the petitioner for offence under Section 25(1B)(h) of the Arms Act and sentenced him for one year R.I. along with fine of Rs. 200/- and in default of payment of fine to further undergo one month R.I. so also the judgment dated 9-7-1993 passed by Additional District & Sessions Judge, Nagaur camp at Deedwana in Criminal Appeal No. 62/1992 whereby the learned appellate Court while maintaining the conviction awarded to the petitioner reduced the sentence from one year R.I. to three months R.I. and maintained the sentence of fine.2. According to the facts of the case, one rifle was recovered from the petitioner at the time of making an enquiry by Police on 18-8-1989 at his residence. As per the pros ecution case, the ...
Girvar Singh and ors. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jul-19-2006
Reported in: RLW2007(2)Raj1519; 2006(4)WLC488
Shiv Kumar Sharma, J.1. Girvar Singh, Bhanu @ Suraj Bhan, Ratan Singh, Smt. Gita Devi and Smt. Beena, the appellants herein, were put to trial before the learned Additional Sessions Judge (Fast Track) Behror, who vide judgment dated November 28,2002 convicted and sentenced them as under:Under Section 302/149 IPC:Each to suffer imprisonment for life and fine of Rs. 500/-, in default to further suffer simple imprisonment for three months. Under Section 326/149 IPC:Each to suffer rigorous imprisonment for five years and fine of Rs. 300/-, in default to further suffer simple imprisonment for one and a half month. Under Section 324/149 IPC:Each to suffer rigorous imprisonment for one year and fine of Rs. 200/-, in default to further suffer simple imprisonment for one month. Under Section 323 IPC:Each to suffer imprisonment for three months and fine of Rs. 100/-, in default to further suffer simple imprisonment for fifteen days. Under Section 148 IPC:Each to suffer rigorous imprisonment for ...
Kapil Vs. Rishi Pal Singh and anr.
Court: Rajasthan
Decided on: Jul-19-2006
Reported in: III(2006)ACC419
ORDERG.S. Sarraf, J.1. The claimant-appellant has filed this appeal under Section 173 of the Motor Vehicles Act against the judgment/award dated 22.9.1995 of the Motor Accident Claims Tribunal, Dausa, Camp Bandikui.2. The facts in brief are that the claimant-appellant and one Ram Vakil Singh were travelling by a Jeep bearing registration No. RRA-9650 from Bharatpur to Jaipur on 8.8.1992. A bus UP21-8093 came from behind and hit the Jeep near Langada Balaji about 9 kms. away from the Manpur Police Station as a result of which the claimant-appellant and Ram Vakil Singh sustained injuries. According to the claim petition respondent No. 1 Rishi Pal Singh was driving the bus rashly and negligently. Respondent No. 2 is the owner of the bus. The learned Tribunal held that the accident occurred due to rash and negligent driving of the bus by the respondent No. 1 and awarded a compensation of Rs. 66,000 in favour of the claimant-appellant. Aggrieved by this judgment/award the claimant-appellant...
Ganpat and anr. Vs. Rajpal Yadav and ors.
Court: Rajasthan
Decided on: Jul-19-2006
Reported in: I(2007)ACC520
G.S. Sarraf, J.1. These two appeals have been filed under Section 173 of the Motor Vehicles Act against the judgment/award dated 24.4.1996 of the Motor Accident Claims Tribunal, Jaipur City, Jaipur.2. Briefly stated the facts are that on 12.4.1992 a truck HRM-4087 driven by respondent No. 1 rashly and negligently hit the motorcycle driven by one Ram Kishore near Murlipura School, Chomu Road, Jaipur in consequence of which Ram Kishore died and pillion rider Sita Ram sustained injuries. After hearing the parties the learned Tribunal by judgment dated 24.4.1996 passed an award of Rs. 94,200 in favour of the legal representatives of the deceased Ram Kishore and of Rs. 76,000 in favour of the injured Sita Ram. The claimants appellants have filed these two appeals against the aforesaid judgment/award.3. Mr. K.N. Tiwari, learned Counsel for the claimants appellants has contended that the compensation awarded by the learned Tribunal in the two cases is grossly inadequate and, therefore, it sho...
Naveen Chand Sancheti (Jain) Vs. Singhal Traders and ors.
Court: Rajasthan
Decided on: Jul-18-2006
Reported in: I(2007)BC175
R.S. Chauhan, J.1. The appellant has challenged the order dated 1.4.2005 whereby his execution application has been dismissed by the Additional District Judge (Fast Track), No. 2, Alwar.2. Brief facts of the case are that the respondent Nos. 1 and 2 filed a suit for money recovery against the appellant and Vijay Chand Sancheti, the appellant's father and against M/s. Naveen Redimed Garments, a firm run by the appellant and his father. According to the respondents, the appellant and his father had borrowed the money to the tune of Rs. 60,000/- on interest @ Rs. 1.75, However, neither the appellant nor his father was able to repay the said debt. Therefore, the respondents filed a civil suit, which eventually decreed in their favour vide order dated 15.10.2004. Subsequently, it was ordered that the property belonging to the appellant and his father should be auctioned. Consequently, an auction was held. However, the appellant moved an application under Order 21 Rules 90/92, C.P.C. The sai...
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