Rajasthan Court July 2007 Judgments
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Ram Sukh and ors. Vs. Gyan Chand and ors.
Court: Rajasthan
Decided on: Jul-17-2007
Reported in: 2009ACJ433
Ashok Parihar, J.1. The claimants-appellants have challenged the award dated 12.7.2001 passed by the Motor Accidents Claims Tribunal, Kekri, by which, in a case of death of a lady, the appellants have been awarded a sum of Rs. 2,05,500 with interest from the date of filing of the claim petition. Apart from prayer for enhancement of the compensation the award has not been challenged to the extent of the insurance company, respondent No. 3 has been exonerated by the Tribunal.2. After hearing learned Counsel for the appellants, I have carefully gone through the material on record.3. Tribunal, on the basis of evidence, has taken note of the age, occupation and notional income of the deceased as also dependency of the appellants while quantifying the amount of compensation. Since, after due consideration, proper discretion has been used by the Tribunal, I find no error or illegality in the quantum of compensation.4. However, Tribunal has exonerated the insurance company only on the ground t...
Ramji Upadhyay Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Jul-17-2007
Reported in: 2007(3)WLN421
H.R. Panwar, J.1. Heard learned Counsel for the parties.2. By the instant writ petition, the petitioner has challenged the order dt. 18.08.2005 Annex.7 whereby the petitioner has been placed under suspension.3. A reply to the writ petition has been filed. Apart from denial of factual matrix of the case, the respondents came with a case that the order placing an employee under suspension is appealable and there being an alternative and efficacious remedy of appeal available and without exhausting the remedy of appeal and there being no reason to bypass such remedy, the petitioner has filed the instant writ petition.4. The order of suspension is appealable under Rule 22 of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 which provides that a Government servant may appeal against an order of suspension to the authority to which the authority which made or is deemed to have made the order, is immediately subordinate. Thus, there is a statutory remedy of appeal...
Satish Chand Singhal Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jul-16-2007
Reported in: 2007CriLJ4132
ORDERR.S. Chauhan, J.1. The petitioner has challenged the order dated 7-3-1998 passed by the Civil Judge (Jr. Division) & Judicial Magistrate, Kathumar, District Alwar whereby the learned Magistrate has taken cognizance for offence under Section 3 of the Damages to Public Property Act, 1984 ('the Act of 1984' for short) and under Section 25 and 25A of the Indian Telegraph Act, 1885 ('the Act of 1885' for short).2. The brief facts of the case are that on 5-11-1997 the complainant, Mr. Vijay Singh Solankl, submitted a written report at Police Station, Kherli wherein he claimed that on 3-11-1997, around 1.15 in the afternoon, Satish Chand Singhal the petitioner before this Court, tried to repair the telephone wires of his Telephone No, 20304. In the process of repair, he pulled the telephone wire over the KV-11 wires, In this process, the two wires touched each other. Consequently, there was damage to the wires and damage caused at the Telephone Exchange as 384 numbers went dead. As a res...
Bangali and ors. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jul-16-2007
Reported in: RLW2008(1)Raj57
Shiv Kumar Sharma, J.1. The appellants, six in number, were put to trial before learned Additional Sessions Judge (Fast Track) No. 2 Dholpur, who vide judgment dated February 13, 2002 convicted and sentenced them as under:Appellant Rajesh:Under Section 302 IPC:To suffer life imprisonment and fine of Rs. 3000/-, in default to further suffer six months simple imprisonment.Under Section 307 IPC:To suffer rigorous imprisonment for five years and fine of Rs. 1000/-, in default to further suffer simple imprisonment for two months.Under Section 324/149IPC:To suffer rigorous imprisonment for two years and fine of Rs. 500/-, in default to further suffer simple imprisonment for one month.Under Section 323/149 IPC:To suffer rigorous imprisonment six months and fine of Rs. 300/-, in default to further suffer simple imprisonment for fifteen days.Under Section 325/149IPC:To suffer rigorous imprisonment for three years and fine of Rs. 1000/-, in default to further suffer simple imprisonment for two m...
Ajay Nahta Vs. State of Rajasthan and anr.
Court: Rajasthan
Decided on: Jul-16-2007
Reported in: I(2008)BC103; RLW2008(1)Raj221
R.S. Chauhan, J.1. The petitioner has challenged the order dated 17.1.04 passed by the Addl. Civil Judge (Jr. Division ) & Judicial Magistrate No. 16, Jaipur City and the order dated 14.10.05 passed by the Special Judge, (SC & ST Court), Jaipur. By the former order, the learned Magistrate has dismissed the application filed by the petitioner under Section 311 of the Criminal Procedure Code ('the Code' for short). By the latter order, the learned Judge has upheld the former order.2. The brief facts of the case are that the non-petitioner No. 2, Smt. Neera Jain had submitted a complaint against the petitioner, Shri Ajay Nahta for offences under Section 138 read with Section 142 of the Negotiable Instruments Act ('the Act' for short). According to the complaint, the complainant claimed to be the proprietor of M/s. Choice. She further claimed that she was engaged in selling of marble statues and marbte artifacts. She further stated that her husband, Shri Sunil Jain, is the manager of the s...
Munna Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jul-16-2007
Reported in: RLW2008(1)Raj82
Shiv Kumar Sharma, J.1. Munna, appellant herein, was put to trial before learned Additional Sessions Judge (Fast Track) Baran, who vide judgment dated June 18, 2002 convicted and sentenced him under Section 302 IPC to suffer imprisonment for life and fine of Rs. 100/-, in default to further suffer simple imprisonment for one month.2. It is the prosecution case that on May 7, 2001 around 10.10 PM informant Bhonu (PW. 2) submitted a written report (Ex. P-6) at Police Station Bhanwargarh to the effect that his sister Halki aged 35 years was earlier married to Ranbeer, who deserted her after she gave birth to a son and a daughter. She went in Nata to Munna (appellant) who used to harass her and frequently beat her. It was further stated in the report that on the said day at 12 noon when mother of informant went to meet Halki, she found her new born son under a tree whereas dead body of Halki was lying nearby. On that report a case under Section 302 IPC was registered and investigation comm...
Kirta Ram Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jul-16-2007
Reported in: 2008CriLJ1438
ORDERH.R. Panwar, J.1. This criminal misc. petition under Section 482, Cr. P.C. is directed against the order dt. 7-3-2006 passed by Special Judge, NDPS Cases, Chittorgarh (for short the trial Court') hereinafter, whereby an application filed by the petitioner under Section 457, Cr. P.C. seeking interim custody, of the vehicle bearing registration No. RJ04/ T-0379, was dismissed.2. I have heard learned Counsel for the petitioner and the public prosecutor for the State. Carefully gone through the order impugned as also the material available on record.3. It is contended by learned Counsel for the petitioner that the petitioner is a registered owner of the vehicle Tata Spacio bearing registration No. RJ04/T-0379, which was seized by the police while it was used as conveyance by transporting 7 quintals and 28 kgs. of poppy straw in 18 bags on 15-7-2005. It is further contended by the learned Counsel for the petitioner that no useful purpose will be served in allowing the vehicle to remain...
Gopilal Alias Gopu Vs. Union of India (Uoi)
Court: Rajasthan
Decided on: Jul-13-2007
Reported in: 2007CriLJ4624; RLW2007(4)Raj3539
Deo Narayan Thanvi, J.1. This is an appeal against the judgment and order dated 24.7.2002 passed by the learned Special Judge, NDPS Cases, Chittorgarh, whereby he convicted the accused appellant Gopilal alias Gopu for the offence under Section 8/18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred-to as 'the Act') and sentenced him to undergo ten years' rigorous imprisonment and to pay a fine of Rs. one lac and in default, to further undergo one year's R.I.2. The charge against the accused appellant Gopilal alias Gopu was that during the course of raid conducted by Inspector Sanjay Kumar Singh, Central Bureau of Narcotics, Chittorgarh on 8.5.2001 at 5 P.M., opium measuring 6.500 kgs. kept in polythene bag was recovered from the grain storage of his house at Village Bansen. After observing the formalities of taking sample etc., the challan was filed against the accused under Section 8/18 of the Act and he was charged accordingly, to which he pleaded not g...
Samay Singh @ Gopal Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jul-13-2007
Reported in: RLW2008(1)Raj37
Sangeet Lodha, J.1. This appeal is directed against the judgment dated 18.9.2001 of the Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Sawai Madhopur, whereby the appellant was convicted and sentenced as under:Under Section 302/149 IPC:To suffer imprisonment for life and fine of Rs. 500/- in default to further suffer 3 months rigorous imprisonment.Under Section 148 IPC:To suffer rigorous imprisonment for two years.Under Section 326/149 IPC:To suffer seven years rigorous imprisonment and fine of Rs. 300/-in default to suffer two months rigorous imprisonment.Under Section 325/194 IPC:To suffer three years rigorous imprisonment and fine of Rs. 200/-in default to further suffer one month rigorous imprisonment.Under Section 3(2)(v) SC/ST (Prevention of Atrocities) Act:To suffer life imprisonment and fine of Rs. 1000/- in default, to further suffer six months rigorous imprisonment.2. The background facts which led to the trial of the appellant are summarized thus:On 28.7.1997 a w...
Man Singh Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jul-13-2007
Reported in: RLW2008(1)Raj67
Shiv Kumar Sharma, J.1. Antar Devi (deceased) got married to Man Singh (appellant herein) on the fateful night when she persuaded appellant to allow her to go to her Peehar (parental house) she was axed and killed. On the charge of killing his wife the appellant was put to trial before learned Additional Sessions Judge Kotputli District Jaipur, who vide judgment dated January 16, 2003 convicted and sentenced him under Section 302 IPC to suffer imprisonment for life and fine of Rs. 1000/-, in default to further suffer simple imprisonment for six months.2. It is the prosecution case that on May 12, 2001 Bajrang Singh (PW. 7), the brother of deceased Antar Devi submitted a written report (Ex.P1) at Police Station Kotputli stating therein that on the preceding day informant and Ganesh Singh (Jeeja) had gone to Sasural of Antar Devi for taking her with them to her Peehar but the appellant negatived her visit. Although the informant got frustrated after having heard 'big no' of the appellant...
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