Rajasthan Court August 2006 Judgments
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Jyoti L. Meena Vs. State and anr.
Court: Rajasthan
Decided on: Aug-29-2006
Reported in: RLW2007(1)Raj717
Harbans Lal, J.1. The instant petition under Section 482 Cr.P.C. seeks quashing of the order dated 20.3.1998 passed by the learned Additional Sessions Judge Hindaun city in Sessions Case No. 23/1997 whereby the charge for offence punishable under Section 306 IPC has been ordered to be framed against the accused-petitioner.2. The relevant facts giving rise to this petition and necessary for its decision are that late Shri L.C. Meena was married to Rekha daughter of complainant non-petitioner No. 2 Shri Samotilal Meena. Their marriage was dissolved by a mutual consent by decree of divorce on 20.12.1988. Even prior to the decree of dissolution of marriage by the court they had mutually agreed to dissolve their marriage in the Panchayat of the Meena community on 13.2.1988. After dissolution of the marriage, late Shri L.C. Meena remarried the present petitioner. The couple was blessed with a son. Smt. Rekha the previous wife of late Shri L.C. Meena committed suicide on 18.10.1990 by jumping...
Moti Ram Vs. Poonma Ram and ors.
Court: Rajasthan
Decided on: Aug-28-2006
Reported in: RLW2006(4)Raj3051
N.P. Gupta, J.1. This appeal has been filed by the plaintiff against the judgment and decree of the learned Lower Appellate Court, District Judge, Balotra dated 28.5.84, accepting the appeal against the judgment and decree of the learned Munsiff Magistrate, Barmer dated 19.12.80, and thereby dismissing the plaintiff's suit for declaration and possession.2. The facts of the case are, that on 18.7.75, the plaintiff Tiled the present suit, alleging inter-alia, that the property described in para-1 of the plaint belongs to the plaintiff, which has been shown by marks 'A B C D E F G' in the site plan, and is in possession of the plaintiff for last 30 years. According to the plaintiff, four rooms are there on the property. Out of this, the portion marked by red colour was on rent with Joga Ram, and a fire broke out. Likewise, a body of the motor vehicle of the plaintiff did lie there, and the property is being used for storing fodder, and tethering cattle. It was also pleaded, that on the po...
Roopa Vs. State of Rajasthan
Court: Rajasthan
Decided on: Aug-28-2006
Reported in: RLW2006(4)Raj3125
R.P. Vyas, J.1. This Jail appeal is directed against the Judgment dated 1.12.2005, passed by the learned Sessions Judge, Pratabgarh, whereby appellant Roopa S/o. Rajing has been convicted of offences under Section 302, IPC, and sentenced to life imprisonment and a fine of Rs. 5,000/-, in default of payment of fine, to further under six month's Rigorous Imprisonment; under Section 447, IPC, to 3 months' simple imprisonment and under Section 323, IPC, to three months' simple imprisonment. All the substantive sentences were directed to run concurrently.2. The prosecution story, as unfolded during trial, is that on 5.4.2005, at 6.00 P.M., one Babulal s/o Rajia lodged a verbal report to the Sub-Inspector of Police Bhairon Singh, Police Station, Pratabgarh, DistrictChittorgrath that on the day of the incident at around 5.00 P.M., he was in his field. His nephew Nanalal s/o Kesuram, aged 10 years and his niece Dhapuri, both were grazing she-goats in the field of 'Aama wala'. Suddenly, his nep...
Chief Manager, Bank of Baroda and anr. Vs. Presiding Officer, Central ...
Court: Rajasthan
Decided on: Aug-25-2006
Reported in: [2007(113)FLR44]; RLW2007(1)Raj22
Mohammad Rafiq, J.1. The petitioners have Tiled this writ petition with the prayer that the order dated 29.7.1992 passed by the Central Labour Court, Jaipur be quashed and set aside.2. The facts necessary for deciding the present writ petition are that the petitioners-Bank of Baroda allowed the advance credit facility to M/s. Shydari Steel Private Limited, Bharatpur. When the said firm did not return the amount, a civil suit was filed by the Bank in the Court of District Judge, Bharatpur for recovery of its dues. The asserts of M/s. Shydari Steel Private Limited were attached and lock were put on its landed properties and buildings. In order to ensure safety and security of the property of the firm, the petitioners engaged respondent No. 2 Rama who was already in another employment in village Jagina. According to the petitioners, he promised to keep watch over locks of the factory while coming and going for his job and sometimes used to stay in the evening for an hour or two. A sum of ...
Virendra and ors. Vs. State
Court: Rajasthan
Decided on: Aug-25-2006
Reported in: RLW2007(1)Raj150
Harbans Lal, J.1. This revision petition under Section 397 read with Section 401 Cr.P.C. is directed against the order dated 8.8.2006 passed by the learned Additional District and Sessions Judge (Fast Track) Kishangarh Bas, District Alwar allowing the application Under Section 319 Cr.P.C. for arraigning the petitioners as additional accused in Sessions Case No. 5/2006 for offences under Sections 147, 148, 447, 341, 302/149, 307/149 and 323/149 IPC.2. The relevant facts giving rise to this petition are that Bachchu Singh lodged an F.I.R. on 7.8.2005 at 4.30 P.M. at P.S. Khairthal with the allegation that at about 11.30 a.m. on that day seven persons including the present petitioners named in the F.I.R. came and assaulted Kailash, Jeetram and Mewa as a result of which, Kailash died and Jeetram and Mewa sustained injuries. Insured Kailash succumbed to the injuries. After investigation the police filed charge sheet against only four accused persons. The case was committed for trial.3. Duri...
Niranjan Kumar Dosi Vs. State
Court: Rajasthan
Decided on: Aug-24-2006
Reported in: RLW2007(1)Raj6
Harbans Lal, J.1. The instant petition under Section 482 Cr.P.C. is directed against the order dated 13.4.2006 passed by the learned Special Judge (Sati Nivaran), Jaipur-cum-Addl. Sessions Judge, Jaipur in Criminal Revision No. 191/2005 whereby the revision has been dismissed and the order dated 9.3.2004 passed by the learned Addl. Chief Judicial Magistrate No. 4, Jaipur City, Jaipur framing charge under Section 420 IPC has been upheld.2. The relevant facts are that one Kesari Singh Duggad lodged a report at P.S. Bani Park, Jaipur for the offence under Section 420 IPC against the petitioner and others with the allegations that they practised deceptions on him by falsely assuring him that they would get a land situated near Anasagar in Ajmer purchased and thereby obtained various cheques in the names of several persons amounting to a total Rs. 4,56,400/-, but they did not get the said land transferred to him and instead sold the plots of the said land to various people on the basis of d...
Krishan Kumar Agrawal Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Aug-24-2006
Reported in: RLW2006(4)Raj3274
K.S. Rathore, J.1. In this writ petition, the petitioner has challenged the impugned order dated 23.8.97, by which the benefit of third selection grade has been withdrawn by the respondents on the ground that this withdrawal is not only contrary to the circular dated 18.10.93 but also discriminatory and the right which has been accrued cannot be withdrawn.2. Learned Counsel for the petitioner referred the circular/order dated 18.10.93, whereby the controversy 'as to whether the employees who are promoted to the next higher post after grant of second or third selection grade and he declines to accept the chance of promotion, would be continue to draw pay in the second or third selection grade as the case may be, or not', is resolved as under:The matter has been considered and the Governor is pleased to order that Government servants who are promoted to the next higher post after grant of third selection grade and who forgo the chance of promotion would continue to draw pay in that Selec...
S.B. Construction Company Vs. Union of India (Uoi)
Court: Rajasthan
Decided on: Aug-24-2006
Reported in: RLW2007(2)Raj1606; 2006[4]STR545; [2007]6STT385
1. By way of instant writ petition under Article 226 of the Constitution of India the petitioner S.B. Construction Company a partnership Firm engaged in construction and maintenance activities has challenged the order of the 3rd respondent Superintendent, Central Excise, Sri Ganganagar dated 25th April, 2005 to get the registration for the services of 'Cargo Handling Service' and pay the service tax due thereon. The petitioner has been asked to give the details of amount received month-wise from 4th respondent Chief Engineer, Suratgarh Thermal Power Station, Suratgarh on the said services w.e.f. 16-8-2002 onwards so that the service tax liability of past period can be ascertained accordingly.2. The necessary facts for deciding the controversy involved in the instant petition are that the petitioner was awarded a contract of unloading of coal through W.T. System, stacking/reclaiming of coal to S/R System and feeding of coal to boiler bunkers through conveyor system by order dated 29th M...
Rakesh Kumar Sirwal @ Mohd Rashid Khan and ors. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Aug-24-2006
Reported in: RLW2007(1)Raj223
Shiv Kumar Sharma, J.1. Rakesh Kumar Sirwal @ Mohd Rashid Khan, Jiya Ur Rehman and Ms. Samima Khatun @ Samim Jahan, appellants herein, were found guilty for having committed murder of a Taxi Driver. Learned Sessions Judge Sikar, before whom the appellants were tried, convicted and sentenced the appellants as under:Under Section 302/34 IPC:Each to suffer imprisonment for life and fine of Rs. 100/-, in default to further suffer simple imprisonment for one month.Jiya Ur Rehman:Under Section 3/25 Arms Act:To suffer rigorous imprisonment for one year and Tine of Rs. 100/-, in default to further suffer rigorous imprisonment for three months.The substantive sentences were ordered to run concurrently.During the pendency of appeal appellant Rakesh Kumar Sirwal @ Mohd Rashid Khan died in the intervening night of August 13 and 14, 2002 in the Jail Hospital.2. A criminal case under Section 302 and 364 IPC was registered on January 6, 1998 at Police Station Laxmangarh on the basis of Parcha Bayan (...
D.P. Soni Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Aug-24-2006
Reported in: RLW2007(2)Raj1565
H.R. Panwar, J.1. Both these criminal miscellaneous petitions under Section 482 Cr. P.C. are directed against the order dated 8.1.2001 passed by the Additional Chief Judicial Magistrate No. 3, Jodhpur (for short, 'the trial Court' hereinafter) in Criminal Regular Case No. 5/2001, whereby the trial Court took cognizance of the offences under Section 17-A read with Section 18-A of the Drugs and Cosmetics Act, 1940 (for short, 'the Act' hereinafter). Both the petitions involved common question of law and facts and arise out of the same order, therefore, with the consent of the parties, they are being heard and decided by this common order.2. I have heard learned Counsel for the petitioners and the Public Prosecutor for the State. Perused the order impugned.3. It is contended by the learned Counsel for the petitioners that in the complaint filed by the Drugs Inspector, Jodhpur against the firm M/s. Jain Medicals and Ors., the petitioners have been shown as the Directors of the firm but the...
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