Rajasthan Court February 2007 Judgments
ishwar Singh Vs. Baga Ram
Court: Rajasthan
Decided on: Feb-09-2007
Reported in: RLW2007(3)Raj1913
G.S. Sarraf, J.1. This revision petition is directed against the order dated 8.2.1993 passed by Munsif and Judicial Magistrate, 1st Class, Shivganj dismissing the complaint filed by the petitioner and ordering filing of a complaint against the petitioner Under Section 211 I.P.C.2. Facts in brief are that the petitioner filed a complaint on 10.3.1992 in the Court of Munsif and Judicial Magistrate, 1st Class, Shivganj against the respondent under Section 420 I.P.C. The learned Magistrate registered the complaint and recorded the statement of the complainant Under Section 200 Cr. P.C. and of the witnesses produced by him Under Section 202 Cr. P.C. Thereafter, considering that a detailed inquiry was needed, the learned Magistrate by order dated 17.7.1992 referred the matter to the S.H.O., Shivganj for detailed inquiry and report. In compliance of this order, S.H.O. Shivganj, after inquiry, submitted his report in the Court of the Magistrate. Learned Magistrate after considering the stateme...
Tag this Judgment!Rajendra Prasad Vs. Jaipur Vidyut Vitran Nigam Ltd.
Court: Rajasthan
Decided on: Feb-09-2007
Reported in: RLW2007(4)Raj3228
R.S. Chauhan, J.1. Slapped with an unusually high electricily bill, threatened with disconnection of his electricity connection, trying to save himself and his family, literally and figuratively, from being plunged into darkness, the appellant has been running from one Court to another. The appellant has challenged the Order dated 26.4.2006 passed by the Additional District Judge (Fast Track) No. 2, Bharatpur, whereby the learned Judge has dismissed the temporary injunction application filed by the appellant under Order 39, Rule 1 and 2 of the Civil Procedure Code (henceforth to be referred to as 'the Code', for short).2. In a nutshell the facts of the case are that the appellant has a modest home in Bharatpur. He also has an electricity connection, connection Account No. 1512/18100104. The respondent has also installed an electric Meter, bearing No. 559920 at his house. The electrical' connection is for 'domestic' purpose. The appellant had religiously paid his electric bills to the r...
Tag this Judgment!Ram Babu Thathera Vs. Jaipur Nagaur Aanchalik GramIn Bank and anr.
Court: Rajasthan
Decided on: Feb-09-2007
Reported in: RLW2007(4)Raj3164
P.S. Asopa, J.1. The petitioner in writ petition No. 7212/1993 Rambabu, at the relevant time, was working as Field Supervisor whereas the petitioner in writ petition No. 2385/1998 Prabhu Dayal Gupta was working as Manager and eight charges of misappropriation were levelled against him, out of which one charge/allegation No. 8 was identical to the sole charge against Rambabu, petitioner in Writ Petition No. 7212/1993. The petitioner Ram Babu Thathera has challenged the punishment order dated 31.1.1992 whereby he has been punished with stoppage of five annual grade increments with cumulative effect and Appellate Authority's order dated 13.8.1993 whereby appeal preferred by him was dismissed. Further on the basis of the reasoning given in the said punishment order dated 31.1.1992 of Ram Babu Thathera, in Writ Petition No. 2385/1998 petitioner P.D. Gupta has been exonerated of allegation No. 8 and he was punished in respect of another allegation No. 1 with stoppage of one annual grade incr...
Tag this Judgment!Savita Devi Sharma (Smt.) Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Feb-09-2007
Reported in: RLW2007(4)Raj3208
R.S. Chauhan, J.1. Denied the benefit of family pension and of the interest on the arrears of pension, amount of commutation, etc. a retired Judge of this Court, Mr. Justice Mahendra Bhushan Sharma,. had challenged the Judgment dated 13-12-2001 passed by Learned Single Judge, whereby the Learned Single Judge had partly disallowed the writ petition filed by him. During the pendency of this appeal, Mr. Justice Sharma expired. Consequently, his wifeMrs. Savita Devi Sharma-was brought on record as his legal representative. (For the sake of clarity, while Mr. Justice Sharma shall be referred to as 'the Petitioner', his wife, Smt. Sharma shall be referred lo as 'the appellant', for short)2. In a nutshell the facts of the case are that on 30-9-1993, the petitioner had retired as a Judge of this court. After tiis retirement, on 6-7-1994, he was appointed as the Lokayukta for a period of five years under the Rajasthan Lokayukla and Uplokayukta Act, 1973 (henceforth to be referred to as 'the Act...
Tag this Judgment!Jai Singh Vs. State of Rajasthan and anr.
Court: Rajasthan
Decided on: Feb-09-2007
Reported in: RLW2007(4)Raj3397
Prem Shanker Asopa, J.1. By this writ petition, the petitioner is seeking a writ, order or direction declaring the method adopted by the Rajasthan Public Service Commission (RPSC) in getting the preferences expressed in the Rajasthan State and Subordinate Services Combined Competitive Examination under two separate captions namely 'State Services' and 'Subordinate Services' to be illegal and unconstitutional, with a further direction to replace the system of securing preferences in one combined list instead of two separate lists from all the candidates. The petitioner has also prayed that he may be appointed to the Rajasthan Tehsildar Service instead of Rajasthan Jail Service.2. The facts of the case, in brief, are that the RPSC advertised 142 posts of 'State Services' and 'Subordinate Services' which were subsequently increased, for the Rajasthan State and Subordinate Services in November, 1990 to be filled in by combined competitive examination under the provisions of Rajasthan State...
Tag this Judgment!In Re: Vast Textiles Ltd.
Court: Rajasthan
Decided on: Feb-09-2007
Reported in: [2008]81SCL233(Raj)
Shiv Kumar Sharma, J.1. Vast Textiles Limited ('Resulting Company') and Associated Stone Industries (Kota) Limited ('Demerged Company') have filed the present applications under Sections 392 and 394 of the Companies Act, 1956 ('1956 Act') read with Rule 9 for modifying the order of this Court dated 19-12-2006 passed in the company petitions filed by the companies. This Court while allowing the company petitions filed by the companies for approving scheme of arrangement rejected the objections relating to obtaining, no objection from the concerned stock exchange but allowed the objection in relation to omission of para 19(c) of Section 4 of the scheme. The applicants averred that para 19(c) of Section 4 does not contemplate that the relevant provisions of the Companies Act shall not be followed. On sanctioning of the scheme the relevant provisions of the Companies Act shall be followed and complied with. In this manner the applicants submitted that the order of this Court dated 19-12-20...
Tag this Judgment!Chandgi Ram and ors. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Feb-08-2007
Reported in: RLW2007(4)Raj3553
Shiv Kumar Sharma, J.1. This appeal challenges the judgment dated 10.7.2002 passed by the Additional Sessions Judge (Fast Track), Jhunjhuhu, whereby the learned Judge has convicted the appellants for offence under Section 302/34 IPC and has sentenced them to life imprisonment and imposed a fine of Rs. 500/- and to further undergo a simple imprisonment of 15 days in default thereof. He has also convicted them for offence under Section 452 IPC and has sentenced them to three years R.I. and has imposed a fine of Rs. 200/- each and to further undergo a period of 7 days S.I. in default thereof.2. The brief facts of the case are that on 13.3.2000 at 10.15 a.m., Smt. Choti (P.W.1) lodged a written report (Ex. P.1) at Police Station Bangad wherein she claimed that in the night of the 12th, around 9.00 p.m. her husband Surendra, her children and she were talking to each-other at their home. Suddenly, Suresh S/o Chandgi Ram, Rajesh Kumar S/o Pitram, Chandgi Ram, Smt. Anchi W/o chandgi Ram, by ca...
Tag this Judgment!Gopal Vs. State of Rajasthan
Court: Rajasthan
Decided on: Feb-08-2007
Reported in: RLW2008(1)Raj353; 2006(4)WLC319
Shiv Kumar Sharma, J.1. Gopal and Kanhaiya Lal, the appellants herein, were put to trial before the learned Special Judge SC/ST (PA Cases) Jhalawar who vide judgment dated May 28, 2001 convicted and sentenced them as under:Under Section 376 IPC:Both to suffer rigorous imprisonment for seven years and fine of Rs. 2000/-, in default to further suffer simple imprisonment for three months.Under Section 342 IPC:Both to suffer simple imprisonment for six months and fine of Rs. 500/- in default to further suffer simple imprisonment for one month.The substantive sentences were ordered to run concurrently.2. It is the prosecution case that informant Puri Lal (Pw.7) submitted a written report (Ex.P-9) at Police Station Bakani on September 26,2001 with the averments that while on the last Sunday he had gone to the house of his in-laws and remained there, Kanhaiya Lal and Gopal took the advantage of his absence and committed rape on his daughter Kamla (fictitious name) after calling her to the hou...
Tag this Judgment!Prem Swaroop Upadhyay and ors. Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Feb-08-2007
Reported in: 2007(1)WLN422
Ashok Parihar, J.1. After no confidence motion been carried against respondent No. 5, who was working as Chairman of Municipal Board Dausa on 08.12.2006 and the seat falling vacant, the notification for by-election was issued by the State Election Commission on 21st December, 2006. The by- election for Chairman of the Municipal Board, Dausa was to be held on 29.12.2006. However, just a day before the State Election Commission issued an order on 28th December, 2006 staying the election process for the Chairman of the Municipal Board Dausa.2. It has been alleged that the process of election once initiated cannot be stopped by the State Election Commission and in the present case the same has been done for absolutely irrelevant considerations at the behest of the State Government or Minister concerned. Mr. Bhandari, learned Counsel appearing on behalf of the State Election Commission submitted that a policy decision has been taken not to initiate or proposed with the by-election for parti...
Tag this Judgment!Ramotar Vs. State of Rajasthan
Court: Rajasthan
Decided on: Feb-07-2007
Reported in: 2007CriLJ1519; RLW2007(3)Raj1911
Shiv Kumar Sharma, J.1. Challenge in these appeals is to the judgment dated February 12, 2002 of learned Additional Sessions Judge No. 2, Sikar whereby the appellant Ramotar was convicted and sentenced as under:Under Section 376 IPC:To suffer rigorous imprisonment for seven years and fine of Rs. 5000/-, in default to further suffer simple imprisonment for one month.Under Section 366 IPC:To suffer rigorous imprisonment for five years and fine of Rs. 5000/-, in default to further suffer simple imprisonment for one month.The substantive sentences were ordered to run concurrently.2. It is the prosecution case that informant Galku Devi submitted a written report on March 3, 2000 at Police Station Losal with the averments that her grand daughter Usha (fictitious name) aged 12 years had gone to the school on February 28, 2000 around 10 a.m. but did not return back. On inquiry it was found that Ramotar (appellant) took her in jeep No. RJ23G/0636. On that report a case was registered and invest...
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