Rajasthan Court September 2006 Judgments
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Sanskaritk Kendra Karamchari Kalyan Samiti Vs. West Zone Center and or ...
Court: Rajasthan
Decided on: Sep-05-2006
Reported in: RLW2007(2)Raj1062
Mohammad Rafiq, J.1. This writ petition has been filed by Sanskaritk Kendra Karamchari Kalyan Samiti against West Zone Cultural Center, Udaipur alongwith three other respondents with the prayer that the respondents may be directed to frame rules of promotion in the Rules of 1995 and the provisions of Rule 16 to the extent of Special Selection Committee be declared ultra vires to the provisions of Article 14 and 16 of the Constitution of India and the orders Annex. A/7, A/8 and A/9 all dated 5th July, 2001 thereby promoting respondents No. 2 to 4 on the recommendation of Special Selection Committee constituted under Rule 16 of the Service Bye Laws of the Center on the post of Asstt. Programme Officer, Programme Officer and U.D.C. be quashed and set aside.2. This petition has been filed in the name of Sanskaritk Kendra Karamchari Kalyan Saimit, which is said to be a society registered under the Rajasthan Societies Registration Act, 1958. There are serious doubts about the maintainability...
Mahesh Soni Vs. State
Court: Rajasthan
Decided on: Sep-05-2006
Reported in: RLW2007(2)Raj1498
Harbans Lal, J.1. This revision petition under Section 53 of the Juvenile Justice (Care & Protection of Children) Act, 2000 (in short 'Act of 2000') is directed against the order dated 21.7.2006 passed by the learned Special Judge, Dacoity Affected Area, Bharatpur, District Bharatpur in Criminal Appeal No. 48/2006 vide which the order dated 3.7.2006 passed by the learned Principal Magistrate, Juvenile Justice Board, Bharatpur in Cr. Case No. 214/2005 rejecting his application for bail has been upheld.2. The relevant facts are that on the basis of Parcha Bayan of one Rajesh Kumar, FIR No. 133/2005 came to be registered at P.S. Weir for offences under Sections 143, 307, 341 and 504 IPC about an incident which took place on 13.8.2005 wherein petitioner is alleged to have caused a gun shot injury to the complainant as a result of which he ultimately died and an offence under Section 302 IPC and Section 3/25 of the Arms Act were added. The petitioner being a juvenile applied to the concerne...
Babu Lal and anr. Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Sep-04-2006
Reported in: RLW2006(4)Raj3121
Bhagwati Prasad, J.1. The present writ petition has been filed by the petitioner for the following prayer:It is, therefore, most humbly and respectfully prayed that by an appropriate writ, order or direction the respondents may kindly be restrained from holding the meeting on 31.8.2006.2. During the course of hearing it was ordered that the meeting of the No Confidence Motion may take place but the result will not be declared. The ballot box containing the votes and the proceedings of the No Confidence Motion were produced before this Court. After the ballot box was opened 15 votes were found there in. There were 21 elected members and one member was MLA who was statutorily included. Therefore the elected strength of the Board was 21. Two third of which would be 14. When the ballots were counted there were 15 ballots in favour of the Motion and there were no ballot against the No Confidence Motion. After these proceedings the learned Counsel were heard on the merits of the case.3. The ...
Gopi Chand Sardar Mal and Sons Vs. Dilip Kumar
Court: Rajasthan
Decided on: Sep-04-2006
Reported in: RLW2006(4)Raj3209
R.S. Chauhan, J.1. The appellant has challenged the order dated 16.8.2003 passed by the Additional District & Sessions Judge No. 3, Jaipur City, Jaipur whereby the learned court has determined the provisional rent as Rs. 5,000/- per month.2. The brief facts of the case are that the plaintiff respondent has filed a suit for determination of the standard rent against the appellant with regard to the Shop bearing No. SP-4 situated at Chandpole Anaj Mandi, Jaipur. The respondent had claimed that in the year 1997, the said shop was let out to the appellant for a rental value of Rs. 500/- per month. Subsequently, the rent was enhanced to Rs. 800/- per month. It was further claimed that initially the shop belong to M/s. Sridhar & Company, a partnership firm. But subsequently, after the partition of the partners, the said shop came into the respondent's share in the year 1982. The respondent further claimed that the present valuation of the shop is Rs. 15,30,000/-. Therefore, the rental value ...
Om Prakash Vs. Smt. Gayatri Devi and ors.
Court: Rajasthan
Decided on: Sep-04-2006
Reported in: RLW2006(4)Raj3234
Khem Chand Sharma, J.1. This appeal under Section 96 C.P.C. arises out of the judgment and decree dated 31.5.1990 passed by the learned Additional District Judge No. 2, Ajmer whereby the learned Judge has dismissed the plaintiff's sit.2. Plaintiff Om Prakash filed a suit against the defendants for specific performance with the averments that late Gopi Chand, husband of defendant No. 1 and father of defendants No. 2 to 7 was the sole owner of the property described in para No. 1 of the plaint. After the death of Gopi Chand, the defendants being legal heirs of late Gopi Chand, became owner of the suit property. The defendant No. 1 at her own and in the capacity as authorised representative of efendants No. 2 to 7 continued to maintain the property and used to receive rent from the tenants including plaintiff residing in the suit premises. Some of the portion of the suit property as described in para 3 of the plaint was on rent with the plaintiff and plaintiff and his mother Smt. Kastoori...
Swaika Properties Ltd. and anr. Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Sep-04-2006
Reported in: RLW2007(1)Raj344
Shiv Kumar Sharma, J.1. Challenge in this appeal is to the order dated January 23, 2006 of learned Single Judge dismissing the writ petition of the appellants whereby the acquisition proceedings of the appellants' land under the provisions Rajasthan Urban Improvement Act, 1959 (for short, '1959 Act') were called in question.2. Contextual facts depict that the appellants Tiled writ petition before learned Single Judge being aggrieved by the process initiated by the respondents for acquisition of land of appellants bearing khasra No. 383 measuring 14 bighas and 16 biswas situated at Madrampura. First notice was issued on January 25, 1975 under Section 52(2) of 1959 Act indicating purpose of acquisition for improvement and purposes of Jaipur town extension of civil lines area for construction of buildings. Second notice issued under Section 52(2) of 1959 Act on August 23, 1975 indicated the purpose of acquisition of land for extension of civil lines and planning of housing scheme. Appella...
B.N. Singh Vs. Dcm Shriram Indus. Ltd.
Court: Rajasthan
Decided on: Sep-04-2006
Reported in: RLW2007(3)Raj2382; [2007]76SCL1(Raj)
ORDERHarbans Lal, J.1. These 11 revision petitions under section 397 Cr.P.C. have been filed by the erstwhile employees of DCM Shriram Industries Ltd. against the various judgments rejecting their appeals and confirming the judgments of the trial court convicting them for the offence under section 630 of the Indian Companies Act, 1956 (hereinafter called in short 'the Act') and sentencing them to various punishments with direction to vacate the premises allotted to them as employees of the company which are in their occupation even after their termination/resignation from service of the company.2. Since there is common and identical legal controversy involved in all these petitions seeking the same relief, I have heard these petitions together and they are being disposed of by this common order.3. The relevant facts are that the complainant non-petitioner is running an Industry known as Shriram Rayons in Kota city. The petitioners were employees of the said company, but their services ...
Mohd. Aslam and anr. Vs. Smt. Salma and ors.
Court: Rajasthan
Decided on: Sep-04-2006
Reported in: RLW2007(2)Raj1500
Harbans Lal, J.1. This petition under Section 482 Cr. P.C. has been filed for quashing of the criminal proceedings pending in the Court of learned Additional Civil Judge (Junior Division) and Judicial Magistrate, 1st Class, No. 13, Jaipur City, Jaipur in Criminal Case No. 133/2001 for offences under Sections 323, 498-A and 406 I.P.C. and Sections 3, 4 and 6 of the Dowry Prohibition Act, 1961.2. The brief and relevant facts of the case are that complainant-Respondents No. 1 and 2 Filed a complaint in the court of learned Addl. Civil Judge (Jr. Div.) and Judicial Magistrate, 1st Class No. 13, Jaipur City, Jaipur against the accused-petitioners for committing offences under Sections 323, 498-A and 406 I.P.C. and Sections 3, 4 and 6 of the Dowry Prohibition Act, 1961 against them by the accused-petitioners.3. The complaint was sent to the police for investigation under Section 156(3) Cr.P.C. whereupon the police after investigation filed charge-sheet against petitioners for the offences as...
Padam Chand Vs. State of Rajasthan
Court: Rajasthan
Decided on: Sep-01-2006
Reported in: 2007CriLJ90; RLW2006(4)Raj3229
Shiv Kumar Sharma, J.1. Padam Chand, the appellant herein, was charged for having committed rape and murder of a young lady before the learned Additional Sessions Judge (Fast Track) Bandikui. Learned Judge although did not find charge under Section 376 IPC proved against the appellant, convicted and sentenced him under Section 302 IPC to suffer imprisonment for life and Tine of Rs. 500/-, in default to further undergo simple imprisonment for two months. Challenge in this appeal is to the said judgment dated October 29, 2001 of the learned trial Judge.2. It is the prosecution case that on December 13, 1999 Badri Prasad (PW. 6) submitted a written report (Ex. P. 6) at Police Station Manpur stating therein that on the said day he and his wife had gone to the mines for loading stones leaving his daughter Mamta alone in the house, Padam (appellant) along with his two brothers viz. Pappal and Kanji came to his house committed rape on Mamta poured kerosine oil over her body and set her ablaze...
Purshottam Lal @ Parsrya @ Pashupati Vs. State of Rajasthan
Court: Rajasthan
Decided on: Sep-01-2006
Reported in: RLW2006(4)Raj3217
Shiv Kumar Sharma, J.1. On the fateful day of August 6, 1999 Chouth Mai was stabbed to death. The appellant was put to trial for having committed murder of Chouth Mai before the learned Additional Sessions Judge (Fast Track) Jhunjhunu, who vide judgment dated June 10, 2002, convicted and sentenced the appellant as under:Under Section 302 IPC:To suffer imprisonment for life and fine of Rs. 2000/-, in default to further suffer simple imprisonment for two months.Under Section 324 IPC:To suffer rigorous imprisonment for three years and fine of Rs. 500/- in default to further suffer simple imprisonment for fifteen days.The substantive sentences were ordered to run concurrently.2. The prosecution story is woven like this:On August 6,1999 Mohammad Iqbal, ASI PS Kotwali Jhunjhunu (PW. 14) recorded Parcha Bayan (Ex. P. 1) of injured Mukesh Kumar (PW 1) who was admitted in Khetan Govt. Hospital Jhunjhunu wherein he stated that on the said day around 7.30 AM he and his father Chouthmal were stand...
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