Rajasthan Court July 2006 Judgments
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Kailash @ Kailash Chand Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jul-06-2006
Reported in: RLW2007(2)Raj1598
Shiv Kumar Sharma, J.1. A cobber sitting outside the house of kindhearted old lady, used to visit her daily. One day he could not control his instinct of greed and he killed her and removed golden chain out of her neck. The cobbler Kailash @ Kailash Chand, appellant herein, was put to trial before the learned Special Court (Sati Nivaran) Rajasthan and Additional Sessions Judge Jaipur City Jaipur, who vide judgment dated June 8, 2001 convicted and sentenced him as under:Under Section 302/34 IPC:To suffer imprisonment for life and fine of Rs. 5,000/-, in default to further suffer rigorous imprisonment for three months. Under Section 392 IPC:To suffer rigorous imprisonment for three years and fine of Rs. 1000/-, in default to further suffer rigorous imprisonment for one month. The substantive sentences were ordered to run concurrently.2. The prosecution case is as under:On January 14, 2000 informant Balkrishna Satya (PW. 3) handed over a written report (Ex. P. 10) to SHO Police Station Ja...
Kala Singh and ors. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jul-05-2006
Reported in: 2006CriLJ4135
Mohammad Rafiq, J.1. This criminal appeal has been filed by four appellants against the Judgment dated 24.7.1987 passed by the learned Additional Sessions Judge, No. 2, Hanumangarh in Sessions Case No. 26/84 whereby he has convicted and sentenced the accused-appellants as under:(i) Amar Singh -- Under Section 307, I.P.C. to undergo four years rigorous imprisonment. and a fine of Rs. 500/-, in default of payment of fine to further undergo 3 months' R.I., and Under Section 27 of the Indian Arms Act to undergo two years' R.I. and a fine of Rs. 200/-, in default of payment of fine to further undergo one month's R.I.(ii) Tahal Singh -- Under Section 326. I.P.C. to undergo two and half years R.I. and a fine of Rs. 500/-, in default of payment of fine to further undergo R.I. of 3 months.(iii) Kala Singh -- Under Section 324, I.P.C. to undergo one year's R.I.(iv) Balabeer Singh -- Under Section 324, I.P.C. to undergo one year's R.I.2. At the outset, learned Counsel for the appellants has state...
Priya Plastics Vs. Rajasthan Financial Corporation and ors.
Court: Rajasthan
Decided on: Jul-05-2006
Reported in: AIR2006Raj265; II(2007)BC409; 2006(4)WLC455
ORDERDinesh Maheshwari, J.1. These two writ petitions being related to the same matter of sale of assets of M/s. Priya Plastics (the petitioner of Writ Petition No. 2359/1989) by the Rajasthan Financial Corporation (RFC), and having interconnected facts, have been heard together and are taken up for disposal by this common order. The matter encompasses background facts and so also subsequent developments and could be taken into comprehension as follows:Facts as stated in Writ Petition No. 2359/1989.2. The petitioner of the writ petition No. 2359/1989 is the borrower of loan from RFC and defaulter in repayment. The respondent Nos. 1 and 2 in the writ petition are the RFC and its Deputy General Manager respectively, the respondent No. 3, Shri Rani Dan Soni has been one of the bidders for purchase of the assets of the petitioner M/s. Priya Plastics, and his bid of Rupees 1,76,000/- forms one limb of contentions in these cases; the respondent No. 4 Shri R.D. Sharma is the subsequent bidder...
Badru Ram and ors. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jul-05-2006
Reported in: RLW2006(4)Raj3110; 2006(4)WLC734
Shiv Kumar Sharma, J.1. 'There are no bad soldiers, only bad officers' - this conviction guided NAPOLEON in all his military campaigns. The efficiency of the undertaking civil military or commercial is to a very great extent affected by the moral of its members. An efficient Police Service, therefore, postulates the maintenance of goods moral in its members. Shiv Pal Singh, a police officer, did not attain goods moral and his dead body was found lying in a pool of blood in the house of appellant Badru Ram, who along with other nine accused, was put to trial, before the learned Additional Sessions Judge (Fast Track) No. 2 Jhunjhunu. Learned Judge vide judgment dated September 2, 2005 convicted and sentenced eight appellants as under:Appellants Badru Ram, Sheesh Ram, Mahesh, Sita Ram, Smt. Nandi, Smt. Nanchi, Smt. Lalita and Smt. Jamna:Under Section 148 IPC:Each to suffer rigorous imprisonment for three years fine of Rs. 50/-, in default to further suffer simple imprisonment for seven da...
Sita Ram Vs. State and ors.
Court: Rajasthan
Decided on: Jul-04-2006
Reported in: RLW2006(4)Raj2933
Harbans Lal, J.1. The instant petition under Section 482 Cr. P.C. is directed against the order dated 21.1.2006 passed by the learned Addl. Sessions Judge, Dausa in Criminal Revision Petition No. 40/2005 whereby the revision petition of the accused petitioner against the order dated 23.3.2005 passed by the learned Addl. Chief Judicial Magistrate, Bandikui has been allowed.2. The relevant facts are that the petitioner made a report at Police Station Bandikui against accused respondents and the co- accused persons. An FIR being No. 462/2003 came to be registered on its basis for the offences under Sections 447, 323, 341 and 325 I.P.C. After investigation challan was filled against co- accused persons viz. Om Prakash, Munni Devi, Manohar Lal and Mukesh under Sections 341, 323, 447 and 325 I.P.C. No challan was filed against Davendra and Naval. Afte recording of the statements of seven witnesses, the learned APP filed an application under Section 319 Cr. P.C. In reply, the accused non- pet...
Shankar Yadav Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jul-04-2006
Reported in: RLW2006(4)Raj3093
Shiv Kumar Sharma, J.1. In the instant appeal challenge is made to the judgment dated July 7, 2004 of the learned Additional Sessions Judge (Fast rack) No. 1 Alwar whereby the appellant was convicted and sentenced as under:Under Section 302 IPC:To suffer imprisonment for life and fine of Rs. 10,000/-, in default to further suffer rigorous imprisonment for two years.Under Section 460 IPC:To suffer rigorous imprisonment for ten years and fine of Rs. 2,000/-, in default to further suffer rigorous imprisonment for one year.Under Section 333 IPC:To suffer rigorous imprisonment for seven years and fine of Rs. 1,000/-, in default to further suffer rigorous imprisonment for six months.Under Section 332 IPC:To suffer rigorous imprisonment for three years.Under Section 353 IPC:To suffer rigorous imprisonment for two years.Under Section 3/25 Arms Act:To suffer rigorous imprisonment for three years and fine of Rs. 3,000/- in default to further suffer rigorous imprisonment for one year.Under Sectio...
Hindustan Copper Ltd. and anr. Vs. Chandra Pal Sharma and anr.
Court: Rajasthan
Decided on: Jul-04-2006
Reported in: RLW2007(1)Raj38
Gyan Sudha Misra, J.1. This is an application for modification of the order dated 31.1.2003 by which it was ordered that the applicant shall be paid 50% of the back-wages, pension and other retiral benefits at the earliest but not later than a period of three months. In compliance of this order, the applicant was paid the entire back-wages to the extent of 50% but he-filed a petitioner for contempt stating therein that he should be held entitled to house-rent allowance as also gratuity. This claim was made by the applicant although he was out of service on account of an order of dismissal for a period of more than 20 years and finally he succeeded before the Labour Court where the order of his termination was set aside and it was ordered that he would be paid entire back-wages and all retiral benefits.2. The respondent-Management of Hindustan Copper Ltd. filed a writ petition before the learned Single Judge, which was rejected and an appeal was preferred against the same by the Hindust...
Bhanwar Singh Vs. Union of India (Uoi)
Court: Rajasthan
Decided on: Jul-03-2006
Reported in: 2006CriLJ3585; RLW2006(3)Raj2459; 2006(4)WLC425
H.R. Panwar, J.1. This criminal appeal under Section 374(2) of the Code of Criminal Procedure, 1973 (for short, 'the Code' hereinafter) is directed against the judgment and order dated 11.7.2003 passed by Special Judge (NDPS Cases), Udaipur (for short, 'the trial Court') hereinafter) in Sessions Case No. 263/2001, whereby the trial Court convicted the appellant for the offence under Section 8/18 of the Narcotic Drugs and Psychotropic Substances act, 1985 (for short, 'the N.D.P.S. Act' hereinafter) and sentenced him to undergo ten years rigorous imprisonment and a fine of Rs. 1,00,000/-, in default of payment of fine further to undergo one year rigorous imprisonment. Aggrieved by the judgment and order impugned, the appellant has filed the instant appeal.2. Briefly stated the facts of the case to the extent they are relevant and necessary for the decision of this appeal are that P.W. 1 Dharam Singh Meena, Enforcement Officer, Central Narcotics Bureau, Udaipur received a secret informati...
Prakash Chaturvedi and anr. Vs. State of Rajasthan and anr.
Court: Rajasthan
Decided on: Jul-03-2006
Reported in: RLW2006(3)Raj2424; 2006(4)WLC515
N.N. Mathur, J.1. Petitioners Prakash Chaturvedi and Bhopal Chand Mehta by way of instant writ petition under the label of 'Public Interest Litigation' have challenged the validity of Rajasthan Private Universities Act. 2005, hereinafter referred to as 'the Rajasthan Act'. It is submitted that the Act of 2005 is liable to be quashed in view of the judgment of the Hon'ble Supreme Court rendered in Professor Yashpal v. State of Chattisgarh : AIR2005SC2026 , which more or less fully applies to the instant case. It is averred that in Prof Yashpal's case, Chhatisgarh Niji Kshetra Vishwavid-hyalaya (Sthapana Anr. Viniyaman) Adhiniyam 2002, hereinafter referred-to as 'the Chhatisgarh Act', has been struck down by the Hon'ble Supreme Court. The Rajasthan Act, for all practical purposes except some chances, is substantially similar to the Chhatisgarh Act. Petitioners have also challenged the validity of the impugned Act of 2005 on the ground of non-competence of Rajasthan State Legislative Asse...
Daleep Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jul-03-2006
Reported in: RLW2006(3)Raj2470; 2006(3)WLC777
H.R. Panwar, J.1. This criminal appeal under Section 374 of the Code of Criminal-Procedure, 1973 (for short 'the Code' hereinafter) is directed against the judgment and order dated 7.11.2001 passed by Additional Sessions Judge, Nohar, District Hanumangarh (for short 'the trial Court' hereinafter) in Sessions Case o.28/2001, whereby the trial Court convicted and sentenced the appellant for the offences under Section 376 and 450 IPC as under:(i) Under Section 45 IPC : three years' rigorous imprisonment and a fine of Rs. 5000/-, in default of payment of fine further to undergo 'two months rigorous imprisonment;(ii) Under Section 376 IPC : Seven years rigorous imprisonment and a fine of Rs. 10,000/- in default of payment of fine further to undergo three months' rigorous imprisonment;2. It was further directed by the trial Court that on depositing the fine amount, a sum of Rs. 10,000/- be paid to the victim of rape as compensation.3. Aggrieved by the judgment and order impugned, the appella...
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