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Rajasthan Court April 2007 Judgments

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Apr 24 2007

Chandra Nayak Vs. State of Rajasthan and ors.

Court: Rajasthan

Decided on: Apr-24-2007

Reported in: RLW2007(4)Raj3006; 2009(1)SLJ420(Raj)

Panwar, J.1. By the instant writ petition under Article 226 of the Constitution of India, the petitioner seeks quashing of the order Annx.R. 2/1 dated 12-12-1984 issued by the respondent No. 1 and providing her the benefit by treating her to be a lady of Scheduled Caste.2. The facts of the case, in a succinct, are that the petitioner is holding the qualifications of B.Sc, Post Graduation in History and B.Ed. Originally she belonged to the category Other Backward Class but on 21-6-1993, she contacted marriage with Devi Singh Nayak, who is a member of Scheduled Caste and placed on record a marriage certificate Annx.2 issued by Arya Samaj, Jodhpur. She has also produced a Certificate dated 24.9.1994 (Annx. 2-A) issued by the Tehsildar, Jodhpur declaring her to be lady of Scheduled Caste. In pursuance to the advertisement issued by the respondent No. 2, the petitioner applied for the post of School Lecturer in History and the Admission Card (Annx. 3) was issued by the respondent No. 2 show...


Apr 24 2007

Satya Narayan and anr. Vs. State of Rajasthan

Court: Rajasthan

Decided on: Apr-24-2007

Reported in: RLW2007(4)Raj3324

Shiv Kumar Sharma, J.1. Satya Narain and Jagdish, the appellants herein, have impugned the judgment dated September 20, 2001 of the learned Additional Sessions Judge (Fast Track) No. 2 Kota whereby the appellants were convicted and sentenced as under:Satya Narayan & Jagdish:Under Section 302/34 IPC:Each to suffer imprisonment for life and fine of Rs. 500/-, in default to further suffer rigorous imprisonment for six months.Under Section 323 IPC:Each to suffer simple imprisonment for three months. The substantive sentences were ordered to run concurrently.2. It is the prosecution case that informant Mahadev reached to the Police Station Khatoli along with Om Prakash and injured Laxmi Chand in the intervening night of April Hand 15, 2000 around 1.30 AM and submitted a written report (Ex.P.1) to the effect that on April 14, 2000 around 7 PM Satya Narayan and Jagdish (appellants) under the influence of liquor hurled abuses and quarreling with Hajari Lal and Ram Prasad. When informant Mahade...


Apr 24 2007

Msk Projects (i) (Jv) Ltd. Vs. State of Rajasthan and anr.

Court: Rajasthan

Decided on: Apr-24-2007

Reported in: 2008(2)ARBLR340(Raj); RLW2008(2)Raj1157

R.S. Chauhan, J.1. This appeal arises out of order dated 17.1.2006 passed by the District Judge, Jaipur City, Jaipur, whereby the objections raised by the respondents under Section 34 of the Arbitration and Conciliation Act, 1996 ('the Act', for short) has been allowed and the award dated 1.12.2003, passed in favour of the appellant, by the learned Arbitral Tribunal has been set aside.2. The brief facts of the case are that by 1997, in Bhartpur the road going from Bhartpur to Mathura passed through a highly congested area of the city. Therefore, the Public Works Department (henceforth to be referred as the respondents) were satisfied that a Bharatpur Bye-pass ('the project', for short) needs to be constructed. According to respondents, the project would consist of the Bye-pass from Bharatpur to Mathura (Km. 4/553) to Bharatpur-Jaipur Road, National Highway 11 (Km 59/800). The length of the Bye-pass would be 10.850 Kms. The project would also include the Bharatpur Deeg Road. The Bharatp...


Apr 24 2007

Lada Ram @ Ladu Ram Vs. the Municipal Board and anr.

Court: Rajasthan

Decided on: Apr-24-2007

Reported in: 2007(2)WLN199

H.R. Panwar, J.1. By the instant writ petition under Article 226 of the Constitution of India, the petitioner seeks a direction to the respondents to grant him promotion on the post of Sanitary Jamadar with effect from the date when his junior Sayarmal @ Sayaria was given promotion on the said post with all consequential benefits.2. I have heard learned Counsel for the parties.3. The facts and circumstances giving rise to the instant writ petition are that in the year 1981-82, there were certain substantive vacancies of Safai Sevak (Scavengers) in the respondent Municipal Board (for short 'the Board' hereinafter). The petitioner was given appointment on the post of Safai Sevak (Scavenger) vide order dt. 23.06.1981 Annex.1 on temporary basis for a period of six months. In pursuance thereof, the petitioner joined the services on 26.06.1981. The services of the petitioner came to be comfirmed on 13.11.1981 by the order of Administrator of the Board and in compliance thereof vide order dt....


Apr 23 2007

Arjun Ram Vs. State of Rajasthan

Court: Rajasthan

Decided on: Apr-23-2007

Reported in: RLW2007(3)Raj2081

H.R. Panwar, J.1. By the instant criminal misc. petition under Section 482 Cr.P.C., the petitioner complainant has challenged the order dated 14.7.2005 passed by Additional Sessions Judge (Fast Track), Nagaur (for short 'the trial Court' hereinafter) in Sessions Case No. 20/2005 whereby the trial Court dismissed the application filed by the petitioner under Section 311 Cr.P.C.2. I have heard learned Counsel for the parties.3. It is contended by learned Counsel for the petitioner that the trial Court fell in error in not summoning two material witnesses who examined and treated the petitioner complainant for the injuries caused to him by the accused non-petitioner. These material witnesses are Professor Dr. T.C. Jain of Sawai Mansingh Hospital, Jaipur and Dr. C.P. Swarnkar of Mathura Das Mathur Hospital, Jodhpur.4. Learned Counsel appearing for the accused non-petitioner submits that these witnesses have not been cited in the list of witness by the prosecution and therefore, they cannot...


Apr 23 2007

Satyendra Singh Vs. State of Rajasthan

Court: Rajasthan

Decided on: Apr-23-2007

Reported in: 2007CriLJ3997; RLW2007(1)Raj320

1. This appeal owes its origin in the judgment dated February 17,2003 of the learned Additional Sessions Judge (Fast Track) No. 1 Dholpur whereby the appellant Satyendra Singh was convicted and sentenced as under:Under Section 364A, IPC:To suffer imprisonment for life and fine of Rs. 250/-, in default to further suffer imprisonment for one month.Under Section 363, IPC:No separate imprisonment. ;2. It is the prosecution case that informant Hasnu Khan (P.W. 6) submitted a written report (Ex. P-5) at Police Station Sepau on July 18, 2000 at 5.15 p.m. in regard to the incident occurred on May 27, 2000, wherein Zakir, son of informant was kidnapped by Satyendra and Moola. On that report a case under Sections 363, IPC was registered and investigation commenced. The Investigating Officer arrested the accused and recovered Zakir. After completion of investigation charge-sheet was filed against Satyendra and Moola for the offences under Sections 363, 364, 368, 347 and 120B, IPC. In due course t...


Apr 20 2007

Kalu Singh Vs. State of Rajasthan Through P.P.

Court: Rajasthan

Decided on: Apr-20-2007

Reported in: RLW2007(3)Raj2568

Narendra Kumar Jain, J.1. Accused-appellant Kalu Singh So Shri Natthu Singh has preferred this appeal challenging the impugned judgment and order dated 25th February, 2003, passed by the Special Judge, Women Atrocities and Dowry Cases & Additional Sessions Judge, Jaipur City, Jaipur, in Sessions Case No. 1402000, whereby he was convicted and sentenced under Section 376, IPC, to undergo seven years rigorous imprisonment and a fine of Rupees one thousand; in default of payment of fine, to further undergo two months additional simple imprisonment.2. Briefly stated, the facts of the case are that PW-1 Harinarain lodged a written-report (Exhibit P-1) dated 24th September, 2000, at Police Station - Sanganer Sadar, Jaipur City (South), Jaipur, wherein it was written that at about 9.50 PM he was sitting in his house talking with one Kailash; they saw one mad woman walking outside and one person caught hold of her; that man took her in dark near Ravjani Agriculture Field and committed rape. He ...


Apr 20 2007

Ram Bharos and ors. Vs. State of Rajasthan Through Its Public Prosecut ...

Court: Rajasthan

Decided on: Apr-20-2007

Reported in: RLW2007(3)Raj2562

Nerendra Kumar Jain, J.1. The Additional Sessions Judge (Fast Track) No. 2, Bundi, vide its judgment and order dated 30th January, 2004, in Sessions Case, No. 812001, convicted and sentenced the accused-appellants - (1) Ram Bharosh So Ghasi Lal Mali, (2) Ram Charan So Shri Ghasi Lal Mali, (3) Prabhu Lal So Shri Panna Mali, (4) Bhola Shankar So Shri Govinda Mali, (5) Ghasi Lal So Shri Panna Lal Mali and (6) Nand Lal (cv Nanda So Shri Keshri Lal Teli, as under: ___________________________________________________________ Under Sentence of Imprisonment Sections ___________________________________________________________148, IPC To undergo 1 year simple imprisonment and a fine of Rs. 500-; in default of payment of fine, to further undergo 1 month additional simple imprisonment307, 149, IPC To undergo 7 years simple imprisonment and a fine of Rs. 1000/-; in default of payment of fine, to further undergo 1 month additional simple imprisonment323, 149, IPC To pay a fine of Rs. 500/-; in ...


Apr 20 2007

Manager, Maharaja International Electrolux Ltd. Vs. Shri Gyan Singh an ...

Court: Rajasthan

Decided on: Apr-20-2007

Reported in: 2008ACJ2524; RLW2007(4)Raj3320

R.S. Chauhan, J.1. This appeal arises out of the orders dated 31.5.2000 and 7.6.2001 passed by the Workmen's Compensation Commissioner, Alwar. By the former order, the learned Commissioner granted a compensation of Rs. 1,19,539/- alongwith 10% interest per annum in favour of Shri Kalyan Singh- the claimant and imposed a penalty of Rs. 23,908/- upon the employer. The appellant had moved an application under Order 6 of the Workmen's Compensation Act, 1923 ('the Act' for short) and under Rule 3(d) and (e) of the Rules of 1924 seeking a review of the order dated 31.5.2000. However, by the latter order dated 7.6.2001, the said application was dismissed. Hence, this appeal before this Court.2. The brief facts of the case are that the appellant-Company deals with the manufacturing of refrigerators under the branding of 'Kelvinator'. Earlier the Company was working under the name and style of Maharaja International Ltd. But subsequently, it has been registered in the name and style of Electrol...


Apr 20 2007

Jitendra and ors. Vs. State of Rajasthan

Court: Rajasthan

Decided on: Apr-20-2007

Reported in: RLW2007(4)Raj3304

Shiv Kumar Sharma, J.1. Misfortune stalked Mehboob Ali on September 16, 1998 while he was traveling in a car along with his family members. Three monsters traveling in another car way laid Mehboob Ali and shot him dead. Jitendra (appellant herein) alongwith co-accused Rajesh and Rajpal put to trial before learned Additional Sessions Judge Fast Track No. l Ajmer for having committed murder of Mehboob Ali. Since Rajesh died and Rajpal absconded, trial proceeded only against appellant and on completion of trial learned Judge convicted and sentenced appellant vide judgment dated December 20, 2003 as under -Under Section 302/34 IPC:To suffer imprisonment for life and fine of Rs. 5000/-, in default to further suffer simple imprisonment for three months.Under Section 341 IPC:To suffer simple imprisonment for one month and fine of Rs. 500/-, in default to further suffer simple imprisonment for seven days.Under Section 3/25 Arms ActTo suffer rigorous imprisonment for two years and fine of Rs. 1...


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