Rajasthan Court July 2007 Judgments
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Ladu Ram Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jul-13-2007
Reported in: RLW2008(1)Raj236
Deo Narayan Thanvi, J.1. This appeal is directed against the judgment of the learned Additional District & Sessions Judge, Banner, dated 27.1.1988, whereby he convicted the accused appellant Ladu Ram for the offence under Section 18 of the Narcotic Drugs & Psychotropic Substances Act, 1985, (hereinafter referred-to as 'the Act') and sentenced him to 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 allegation against the accused Ladu Ram was that 150 gms of opium was recovered from his Dhani at Village Uparla, Tehsil Chohtan, District Barmer on 29.7.1986 by Deputy S.P., Chohtan and his party including the S.H.O., Chohtan. Out of 150 gms. of opium, a sample of 30 gms. was taken, which was sent for chemical examination. Thereafter, the accused was chargesheeted. Learned trial Judge framed the charge under Section 18 of the Act, to which he pleaded not guilty. The prosecution examined 8 witnesses. The statement of ac...
Kala @ Kharabanga @ Rajveer and ors. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jul-13-2007
Reported in: RLW2008(1)Raj97
Shiv Kumar Sharma, J.1. Challenge in this appeal is to the judgment dated August 28, 2002 of the learned Additional Sessions Judge (Fast Track) Jhunjhunu, whereby the appellants, five in number, were convicted and sentenced as under:Appellants Kala @ Kharabanga @ Rajveer, Krishna Kumar, Hava Singh and JagdishUnder Section 460 IPC:Each to suffer imprisonment for life and fine of Rs. 2000/-in default to further suffer two months rigorous imprisonment.Under Section 395 IPC:Each to suffer imprisonment for life and fine of Rs. 2000/- in default to further suffer two months rigorous imprisonment.Under Section 397 IPC:Each to suffer rigorous imprisonment for seven years and fine of Rs. 1000/-, in default to further suffer one month rigorous imprisonment.Under Section 398 IPC:Each to suffer rigorous imprisonment for seven years and fine of Rs. 1000/-, in default to further suffer one month rigorous imprisonment.Appellant Kala @ Kharabanga @ Rajveer:Under Section 3/25 Arms Act:To suffer rigorou...
Assistant Director, Land and Building Tax Department and ors. Vs. Bhar ...
Court: Rajasthan
Decided on: Jul-12-2007
Reported in: RLW2008(1)Raj439
R.M. Lodha, J.1. The State Government and the authorities of the Land and Building Tax Department have filed this writ petition under Articles 226 & 227 of the Constitution of India challenging the orders dated 19.7.1996 & 28.10.1998 passed by the Rajasthan Taxation Tribunal, Jaipur.2. The controversy arises from the facts and circumstances which may be briefly noticed by us immediately.(i) M/s. Bharat Petroleum Corporation Ltd. (for short, 'Bharat Petroleum') is owner of diverse flats being flat Nos. 103, 104,204,303,304, 402, 403 and 404 in the building known as 'Kamal Apartment' situate at Ram Mandir, Near Old Power House, Banipark, Jaipur. The Assessing Authority, Director Land & Building Tax passed an assessment order on 1.12.1990 assessing the aforesaid flats having market value of Rs. 28,70,700/-. After deducting a sum of Rs. 1 lac from market value at which no tax was payable, the assessing authority held the taxable market value of the aforesaid flats at Rs. 27,70,700/- and de...
Shoukat Ghoshi and anr. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jul-11-2007
Reported in: RLW2008(1)Raj84
Shiv Kumar Sharma, J.1. Shoukat Ghoshi, Prashant @ Dabbu and Vishambhar, appellants herein, were put to trial before learned Additional Sessions Judge (Fast Track) No. 1 Bharatpur, who vide judgments dated December 3, 2002 and March 11, 2004 convicted and sentenced them as under:Vishambhar:Under Section 302 IPC:To suffer life imprisonment and fine of Rs. 1000/-, in default to further suffer one month simple imprisonment.Shoukat Ghoshi and Prashant @ Dabbu:Under Section 302/34 IPC:Both to suffer life imprisonment and fine of Rs. 1000/-, in default to further suffer one month simple imprisonment.2. It is the prosecution case that on May 11,1994 at 11.45 PM at General Hospital Bharatpur informant Rakesh (PW. 2) handed over a written report (Ex. P-1) to SHO Police Station Kotwali Bharatpur stating therein that around 11 PM while his brother Hari Shankar @ Babbal was proceeding with the procession organised on the occasion of 'Parshuram Jayanti', some unknown youngesters arrived near the ho...
Kanhaiya Lal Vs. Sarju Prasad and ors.
Court: Rajasthan
Decided on: Jul-11-2007
Reported in: 2007(3)WLN462
Gopal Krishan Vyas, J.1. This regular first appeal has been filed by the appellant Kanhaiyalal S/o Amichand challenging the judgment and decree dt. 28.11.1988 passed by the learned District Judge, Sirohi in Civil Original Case No. 170/1984 by which the learned trial Court passed decree for Rs. 7,325/- with interest against the appellant. According to facts of the case, it is disclosed in the memo of appeal that house of the appellant is situated at Sirohi which was rented to the respondents by the father of the appellant. The respondents vacated the said house on 21.04.1978 and possession of the same was given to the appellant. According to the appellant, the appellant and respondents are relatives and after giving possession on 21.04.1978, in between 22.04.1978 to 26.05.1978, the respondents re-entered in the house of the appellant in his absence and as such a criminal complaint was lodged by the appellant in which ultimately final report was given. Upon filing of a protest petition b...
Mohd. Wasi Siddiqui Vs. Union of India (Uoi) and ors.
Court: Rajasthan
Decided on: Jul-10-2007
Reported in: RLW2007(4)Raj3003
Munishwar Nath Bhandari, J.1. By filing the present petition, the petitioner has challenged the judgment dated 21.12.2000 (Annex.6) passed by the Central Administrative Tribunal, Jodhpur Bench, Jodhpur.2. The grievance of the petitioner, as set out in the petition is that he was wrongly denied benefit of stepping up. It has been averred that the petitioner was initially appointed as Junior Clerk on 10.10.1957. He was promoted to the post of Head Clerk in the scale of Rs. 425 - 700, w.e.f. 7.7.82, A person junior to the petitioner was granted special pay of R's.35/- under the cadre restructuring effective from 1.1.84, The grievance of the petitioner is that while his pay scale was fixed in the scale of Rs. 550 - 750, the pay of his junior was fixed in the pay scale of Rs. 425 - 700, since junior employee was drawing special pay of Rs. 35/-. Thus, same was taken as pay for the purpose of fixation, even on a higher post of Head Clerk and thereby, his pay was fixed at Rs. 545/- w.e.f. 1.1....
Zabid and ors. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jul-10-2007
Reported in: RLW2008(1)Raj64
Shiv Kumar Sharma, J.1. The appellants, seven in number, were put to trial before the learned Additional Sessions Judge Sambharlake District Jaipur, who vide judgment dated July 23, 2003 convicted and sentenced them as under:Appellants Zabid, Ishaq, Islam, Sayeed, Imran, Jamshed and Jaikam:Under Section 396 IPC:Each to suffer imprisonment for life and fine of Rs. 1000/-, in default to further suffer three months simple imprisonment.Under Section 364/149 IPC:Each to suffer rigorous imprisonment for ten years and fine of Rs. 1000/-, in default to further suffer three months simple imprisonment.Under Section 397 IPC:Each to suffer rigorous imprisonment for seven years and fine of Rs. 1000/-, in default to further suffer three months simple imprisonment.Under Section 307/149IPC:Each to suffer rigorous imprisonment for seven years and fine of Rs. 1000/-, in default to further suffer three months simple imprisonment.Under Section 302/149 IPC:In view sentence under Section 396 IPC no separate...
State of Rajasthan Vs. Nawal Singh and ors.
Court: Rajasthan
Decided on: Jul-10-2007
Reported in: RLW2008(1)Raj92
Shiv Kumar Sharma, J.1. Naval Singh and Bhagwan Singh, appellants herein, along with co-accused Smt. Prem Bai, were put to trial before learned Additional Sessions Judge (Fast Track) No. 2 Dholpur, who vide judgment dated October 20, 2003 while acquitting co-accused Prem Bai, convicted and sentenced the appellants as unden-Under Section 498A IPC:Both to suffer simple imprisonment for two years and fine of Rs. 100/-, in default to further suffer fifteen days imprisonment.Under Section 304B IPC:Both to suffer imprisonment for ten years.Sentences were ordered to run concurrently.Being aggrieved by the aforesaid finding instant appeals have been preferred.2. It is the prosecution case that on December 7, 2000 the informant Suraj Pal (PW. 15) submitted a written report (Ex. P-7) to SHO Police Station Kolari in connection with the death of his married daughter Mangli in abnormal circumstances on December 6, 2000. It was stated in the report that Mangli was married to Naval Singh on April 28,...
Ganraj and ors. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jul-09-2007
Reported in: 2008CriLJ253; RLW2007(4)Raj3269
Sangeet Lodha, J.1. This appeal is directed against the judgment dated 8.7.2002 passed by the learned Additional Sessions Judge No. 5, Kota whereby the appellants were convicted and sentenced as under:Ganraj:Under Section 302 IPCTo suffer imprisonment for life with a fine of Rs. 1000/- and in default of payment of fine to further suffer three months simple imprisonment.Under Section 148 IPCTo suffer simple imprisonment for six months with fine of Rs. 500/- and in default of payment of fine to further suffer one month simple imprisonment.Under Section 323 IPCTo suffer simple imprisonment for six months with fine of Rs. 500/- and in default of payment of fine to further suffer one month simple imprisonment.Under Section 341 IPCTo suffer simple imprisonment for three months.The sentences were directed to run concurrently.Ramdayal, Brahmani Lal, Ghanshyam and Parmanand were convicted under Sections 148, 323/149 and 341 IPC. However, they were not sentenced to suffer imprisonment immediatel...
ikliwar and ors. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jul-09-2007
Reported in: RLW2008(1)Raj112
Shiv Kumar Sharma, J.1. Out of 19 accused named in the FIR, only 7 were put to trial before the learned Additional Sessions Judge (Fast Track) No. 2, Baran Head Quarter Chhabra, who vide judgment dated September 4, 2003 convicted and sentenced all the seven accused (appellants herein) as under: Ikliwar, Hanumant Singh, Raghuvir Singh, Bablu, Laxrnan, Bardha @ Subedar and Shivraj:Under Section 302/149 IPC:Each to suffer imprisonment for life and fine of Rs. 1000/-, in default to further suffer three months simple imprisonment.Under Section 148 IPC:Each to suffer rigorous imprisonment for two years and fine of Rs. 500/-, in default to further suffer one month simple imprisonment.Shivraj & Laxman:Under Section 3/25 Arms Act:Both to suffer rigorous imprisonment for three years and fine of Rs. 300/-, in default to further suffer one month simple imprisonment.Sentences were directed to run concurrently.2. On December 24, 2000 at 3.45 PM informant Jai Hind son of Bhanwar Singh (PW. 15 ) submi...
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