Rajasthan Court February 2007 Judgments
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Mamta (Smt.) Vs. Ramavtar Koli
Court: Rajasthan
Decided on: Feb-05-2007
Reported in: II(2007)DMC778; RLW2007(2)Raj1279
Shiv Kumar Sharma, J.1. Challenge in this appeal is to the judgment and decree dated May 28, 2002 of the learned Family Court No. 2, Jaipur whereby the petition filed by the appellant wife against the respondent husband under Section 13 of the Hindu Marriage Act, 1955 (for short 'Act') on the ground of cruelty was dismissed.2. The appellant wife pleaded in the petition that she was married to the respondent on May 5, 1997. The respondent immediately after marriage started treating the appellant cruelly. He used to beat her for the demand of dowry. She was not given food. The respondent was in the habit of coming home late in the night after consuming liquor. The respondent demanded a scooter and sum of Rs. 10,000/- and when the demand was not met by the appellant, she was abandoned.3. The respondent husband submitted reply to the petition denying the allegations levelled against him. On the basis of pleadings of the parties issue relating to cruelty was framed. The appellant wife exami...
Suo Moto Vs. State of Rajasthan
Court: Rajasthan
Decided on: Feb-05-2007
Reported in: RLW2007(2)Raj1407
N.N. Mathur, J.1. Jodhpur the historic City with its appeal of magnificent forts, gleaming sands, bustling City, City Palace with all colours of life, a tradition for 'Atithi Devo Bhave' beckons tourists from places near and far. It was this mystical charm attracted a 47 years old Mrs. Petra Wust a German national and an employee with Lufthansa Airlines, and she arrived at Jodhpur on the evening of 11th May, 2005. She checked into a Hotel namely Haveli Guest House inside the walled City. She went out for dinner to a Five Star Hotel and while returning hired Auto-Rikshaw. The Auto-Rickshaw Driver and his associate, instead of dropping her in Hotel, drove to a village on the out- skirts of the city and the bank of the Jojari river alleged to have raped. Her screams attracted the villagers on the spot. The two accused fled away. The villagers took the terrified woman to Police Station, where she narrated ordeal. The police immediately swung into action and the Auto Driver was soon nabbed ...
Vimla Bai Vs. Panchu Lal
Court: Rajasthan
Decided on: Feb-05-2007
Reported in: AIR2007Raj99; RLW2007(2)Raj1276
Shiv Kumar Sharma, J.1. The relationship between the spouses is a matter concerning human life which does not run on dotted lines or charted course laid down by the statutes. The appellant wife in the instant matter, however challenged the decree dated October 19, 2001 of the learned Family Court Kota mainly on the ground that the strict rules of pleadings have not been followed in drafting the petition of divorce by the respondent husband.2. Contextual facts depict that the respondent husband in the petition under Section 13 of the Hindu Marriage Act averred that his marriage with the appellant took place some 16 years back. After the marriage the respondent husband and his mother started residing in the house of appellant wife and start cultivating the agricultural land of appellant's father. Since the respondent was poor, the appellant wife used to tease and torture him. The appellant wife was a lady of easy virtue therefore she got herself subjected to vasectomy operation. The appe...
Hira Lal Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Feb-05-2007
Reported in: 2007CriLJ1603
R.S. Chauhan, J.1. Convicted for an offence under Section 302 I.P.C. having served for 5 years and 6 months of incarceration, the petitioner hoped for a brief freedom to be given to him under the Rajasthan Prisoner (Release on Parole) Rules, 1958 (henceforth to be referred to as 'the Rules of 1958', for short). However, vide order dated 19-6-06 his hopes were dashed. Hence he has challenged the said order before this Court.2. Vide judgment dated 30-9-02, the Addl. District Judge (Fast Track) Jhunjhunu convicted the petitioner for offence under Sections 302 and 498A of the I. P. C., and sentenced him to life imprisonment. According to his prison record, he has served 5 years, 9 months and 27 days till 14-11-06. Since he was eligible for his first regular parole under the Rules of 1958, he applied for the same. However, because of an adverse report submitted by the Superintendent of Police, Jhunjhunu, vide order dated 17-6-06, the Advisory Committee rejected his case. Hence, this appeal ...
Smt. Gopi Bai Vs. Govind Ram
Court: Rajasthan
Decided on: Feb-05-2007
Reported in: AIR2007Raj90
R.S. Chauhan, J.1. Like a leaf in autumn, the wife-wife has been drifting in troubled waters. Abandoned by a husband, forced to look after her child, the wife is challenging the judgment dated 6-9-2001 passed by the Family Court No. 1, Jaipur whereby the learned Judge had granted divorce in favour of the husband.2. The factual matrix of the case is the wife and the husband (henceforth to be referred to as 'the wife' and 'the husband' respectively, for short) were married in 1984 according to the Hindu rites and customs. During the wedlock, a girl, Usha, was born on 2-1-1990. After the birth of the daughter, the wife was allegedly thrown out of her matrimonial home. She, therefore, decided to go back to her parental home. Unable to look after herself and the child, she filed an application for maintenance under Section 125 of the Code of Criminal Procedure (henceforth to be referred to as the Code for short). She also filed an application under Section 9 of the Hindu Marriage Act. 1955 ...
Shyam Lal Vs. Smt. Leelawati
Court: Rajasthan
Decided on: Feb-05-2007
Reported in: AIR2007Raj93
R.S. Chauhan, J.1. Thrice the appellant husband has tried to seek divorce from the respondent wife; thrice he has failed. The appellant is challenging the Order dated 6-2-2001, passed by the Family Court, Ajmer whereby the divorce petition filed by him under Section 13 of the Hindu Marriage Act, 1955 (henceforth to be referred to as the Act', for short) has been dismissed. (The appellant shall be referred to as 'the husband', the respondent as 'the wife', for short).2. In a nutshell the facts of the case are that the appellant and the respondent were married on 14-4-1982 according to the Hindu rites and customs. Since differences arose between the parties, on 20-12-1989. the wife left the matrimonial home. In 1990. the husband filed his first divorce petition against the wife. However, as the statutory period of two years from the date of separation had not taken place, the husband did not plead the ground of desertion on the part of the wife. The petition was filed only on the ground ...
Ramesh Kumar Vs. R.S.R.T.C. and ors.
Court: Rajasthan
Decided on: Feb-05-2007
Reported in: 2007(1)WLN428
Rajesh Balia, J.1. Having heard learned Counsel for the parties, we are satisfied that no case for interference in appeal is made out.2. The appellant had suffered certain injuries as a result of an accident, which took place on 02.08.1997 while he was travelling from Haridawar to Bikaner. The appellant was travelling in the bus of Corporation. As the driver of the bus had applied sudden breaks, a vehicle coming from behind hit it from the back. As a result of that impact, the appellant a passenger in the bus owned by the Corporation received three injuries. One was simple obrasion and two were grievous injuries. However, it was found by the Accidents Claim Tribunal as well as learned Single Judge that injuries did not result any permanent disablement. The appellant had laid claim to compensation of over 3 lacs rupees as a result of sustaining such injuries inter alia on the ground permanent disability suffered by him had resulted in permanent loss of annual income. The Motor Accidents...
State of Rajasthan Vs. Jagmal Singh
Court: Rajasthan
Decided on: Feb-02-2007
Reported in: 2007(2)WLN267
Chatra Ram Jat, J.1. This appeal is directed against the judgment and order dt. 10.01.2003 passed by the Sessions Judge, Prevention of Corruption Act, Bikaner, whereby he acquitted from the charge under Section 13(1)(e) read with Section 13(2) of the Prevention of Corruption Act, 1988.2. Brief facts of the case are that an F.I.R. No. 133/1992 was registered with Rajasthan State Investigation Bureau, Jaipur against Jagmal Singh, Project Manager, when he was posted as in World Food Programme, I.G.N.P. Bikaner. It is stated in the report for the check period 1960-62 his income from the valid resources was Rs. 12,50,000/- but he was found to be properties of Rs. 31,31,920/-. A search was conducted at Kamrani House, Gas Sales Agencies, and Anupam Video Vision on 21.10.1992 and lockers of SBBJ Bikaner was also searched. Thus, in all Rs. 55,09,092/- was found in his possession but income was considered to be 10,09,092/-. Hence, accused was having in possession of Rs. 45,09,092/- for which he ...
Shabbir HussaIn Vs. Civil Judge and ors.
Court: Rajasthan
Decided on: Feb-02-2007
Reported in: 2007(1)WLN241
Gyan Sudha Misra, J.1. This appeal has been preferred against the order of the learned Single Judge who has been pleased to dismiss the writ petition upholding the order of the trial Court which had been pleased to disallow the plaintiff-petitioner from examining the witness who had been produced before the trial Court for their examination.2. Challenging the order of the trial Court, it was submitted that the plaintiff-appellant has filed a suit for damages on account of illegal demolition of the wall at the instance of the defendant and in support of this indigent, he wants to examine the neighbour and some other witnesses which has been disallowed by the trial Court without assigning any reason.3. Since the trial Court has not assigned any reason as to why the witnesses have been disallowed from examination and prima facie it appears that the witnesses, who are sought to be produced by the plaintiff-appellant, will have bearing on the consequence of the suit, we deem it appropriate ...
Sudha Agarwal (Smt.) and anr. Vs. Sudhir Kukkad and anr.
Court: Rajasthan
Decided on: Feb-02-2007
Reported in: 2007(1)WLN408
Vineet Kothari, J.1. This contempt petition arises out of first appeal filed by tenant which was disposed of on 21.05.2004 on the undertaking given by the tenant to hand-over the vacant possession of the suit premises in question to the landlord on or before 30.11.2006.2. According to the petitioners Landlord, since the appellant tenant gave the undertaking before this Court to hand-over the vacant possession of the suit premises on or before 30.11.2006 but did not do so, she has to file this contempt petition in the Court on 07.12.2006, on which notices were issued on 11.12.2006 by this Court. Again on 04.01.2007, this Court issued notices to the contemnor No. 2 Mr. Sandeep Kukkad when it was brought to the notice of this Court by the contemnor respondent No. 1 Sudhir Kukkad that respondent No. 2 was in possession of the suit premises, who was though his brother and partner, and on account of certain dispute between the partners, he was not able to get the vacant possession of the sho...
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