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Rajasthan Court December 2008 Judgments

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Dec 03 2008

Deewan Singh Vs. State of Rajasthan

Court: Rajasthan

Decided on: Dec-03-2008

Reported in: RLW2009(2)Raj1808

Mahesh Chandra Sharma, J.1. The facts In brief of the case are that on 22.4.1995 at about 6.45 P.M. Raghuveer Singh ASI, Baney Singh Constable-781, Hakim Singh Constable-582 and Girdhar Singh Constable-675 of Police Station, Halena spotted a Tata Truck 407 No. 05-G-0517 coming from Jaipur to Bharatpur was stopped and checked. On asking, the driver Informed them that the truck was carrying fodder. But the police found that 6 cows and one calf badly stuffed in the vehicle. Five persons were there in the truck including driver Satish Singh and the petitioner who was said to be the owner of the truck. The police came to know that the cows were being transported to Kirawali only to be butchered. All the occupants Including the petitioner were taken to police station Halena along with the truck and cows and registered an FIR No. 46/95 Under Section 5 of the Rajasthan Preservation of Certain animals Act (hereinafter referred to as 'RPCA Act'), at the instance of Sh. Reghuveer Singh, ASI and i...


Dec 03 2008

Mahesh Kumar Agarwal Vs. State of Rajasthan

Court: Rajasthan

Decided on: Dec-03-2008

Reported in: RLW2009(2)Raj1556

Mahesh Chandra Sharma, J.1. S.B. Cr. Revision Petition against the Order dated 30.10.1999 passed by the Special Judge, (Communal riots/Man Singh Hatyakand), -Jaipur in Cr. Appeal No. 95/99 whereby he confirmed the judgment dated 8.3.95 passed by Chief Judicial Magistrate, Jaipur in Criminal Case No. 799/88 by which the petitioner has been convicted under Section 7/16 of the Prevention of Food Adulteration Act and has been sentenced to 1 years simple imprisonment and fine of Rs. 5000/-, in default of payment of fine to undergo 3 months simple imprisonment.2. The brief facts of the case in nutshell are that the petitioner was tried for an offence Under Section 7/16 of the Prevention of Food Adulteration Act (hereinafter referred to as 'the Act') 1954 on the ground that, on 23.4.88, one Sh. K.C. Verma P.W.I the Food Inspector has taken a sample of Dhaniya which was found to be adulterated. The Chief Judicial Magistrate, Jaipur convicted the petitioner as aforesaid vide his order dated 8.3...


Dec 02 2008

Rajneesh Rastogi Vs. State of Rajasthan

Court: Rajasthan

Decided on: Dec-02-2008

Reported in: RLW2009(3)Raj2170

Mahesh Chandra Sharma, J.1. This revision petition arises out of the order dated October 16, 2008 of Special Judge, women Atrocities and Dowry Cases, Jaipur City Jaipur in Sessions Case No. 46 of 2008 framing charge against the petitioner for the offences under Sections 498-A and 304-B IPC.2. Brief facts of the case are that Om Prakash Rastogi lodged first information report at Police Station Shyam Nagar on April 24, 2008, in which it was I stated that his daughter Vandana married with Rajneesh Rastogi on April 21, 2007 according to Hindu Mythology. He stated that as per his capacity he gave dowry to her daughter. Her daughter earlier lived at Delhi with Rajneesh and thereafter they came to Jaipur and at Jaipur petitioner Rajneesh started harassing her physically and mentally. After drunk he beaten up her daughter and gave abuses. Her daughter reported these instances to him and when her daughter was more tensive she narrated all these over telephone and she stated that she will commit...


Dec 02 2008

Anandi Devi Vs. State of Rajasthan and ors.

Court: Rajasthan

Decided on: Dec-02-2008

Reported in: RLW2008(4)Raj2954(1)

Mohammad Rafiq, J.1. This writ petition has been directed against the order of the Rajasthan Civil Services Appellate Tribunal, Jaipur dated 31.10.2000 whereby, the appeal of the petitioner filed by her for giving her pensionary benefits, was dismissed.2. The present writ petition has been filed with the prayer to quash and set-aside the order of the learned Tribunal dated 31.10.2000 and also direct the respondents to declare her husband as presumed to be dead under Sections 107 and 108 of the Indian Evidence Act, 1872 and she may be allowed family pension w.e.f. 23.6.1967 i.e. the date of disappearance of her husband till date under the Rajasthan Service Rules, 1951 - Chapter 23-A together with interest @ 12% p.a. from the date of its accrual with the further prayer to direct the respondents to allow gratuity to her along with interest @ 12% p.a. From the date of accrual to pendent lite calculating the same for the period 25.3.1956 to 23.6.1967 for a period of 11 years.3. Facts in bri...


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