Rajasthan Court May 2008 Judgments
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State of Rajasthan Vs. Deedar Singh and ors.
Court: Rajasthan
Decided on: May-23-2008
Reported in: RLW2009(1)Raj466
Mahesh Chandra Sharma, J.1. Both the criminal appeals; one filed by the State of Rajasthan and another filed by accused namely Deedar Singh, arise out of the same FIR, same set of facts and evidence, hence they are being decided by this common Judgment.2. The State of Rajasthan has preferred appeal under Section 378(i) & (iii) Cr.P.C. against the Judgment of acquittal dated 12.5.2000 passed by learned Addl. Sessions Judge No. 2, Alwar, in Sessions Case No. 37/1998, whereby it challenged the acquittal of the accused respondent for the offence under Section 3/25 of the Arms Act and Section 16/54 of the Excise Act.3. The accused appellant has preferred appeal under Section 374(2) Cr.P.C. against the Judgment of conviction and sentence dated 12.5.2000 passed by learned Addl. Sessions Judge No. 2, Alwar, in Sessions Case No. 37/1998, for the offence under Sections 308 and 341 IPC.4. Brief facets of the case are that Amar Singh S/o Sri Ram Yadav submitted a written report at Reserve Line, Ma...
Hari Prasad and anr. Vs. Khuda Ram and ors.
Court: Rajasthan
Decided on: May-23-2008
Reported in: 2008(3)WLN154
Manak Mohta, J.1. By this appeal, the claimant-appellants have challenged validity and propriety of the judgment and Award dt. 01.02.2007 passed by the learned Judge, M.A.C.T. Nagaur in MACT Case No. 59/2005, whereby, he awarded the compensation of Rs. 1,32,000/- with interest @ 7% per annum from the date of filing the claim petition i.e. 26.09.2005 in favour of the claimants.2. Briefly stated the facts of the case are that on 11.08.2005 at about 9.15 PM while Vinod aged 15 years was going on his cycle from Railway Station, Nagaur to his house at Basni Railway Crossing Gate then a Truck bearing No. RJ-18G/2962, which was being driven rashly and negligently at a high speed by its driver Kurda Ram (respondent No. 1), was coming from Manasar Chouraha towards Railway Station just infront of the Bungalow of Sub- Divisional Magistrate, hit the cycle rider Vinod, as a result of which, he fell down and got crushed under the wheels of the offending truck and he succumbed to the injuries at the ...
Heera Lal and ors. Vs. State of Rajasthan and anr.
Court: Rajasthan
Decided on: May-23-2008
Reported in: RLW2009(3)Raj2145
Gopal Krishan Vyas, J.1. This writ petition has been filed by the petitioners for granting regular pay scale of the post of Class IV employee from the date of initial appointment or at least from the date of reinstatement in pursuance of award dated 28/11/1998 and further prayed for regularization of their services on the post of Class IV employee.2. According to facts of the case, petitioners were initially appointed as Class IV employee by the Principal, Government College, Banswara 9/7/87. The services of petitioners were terminated w.e.f. 31/10/1992 and against their termination, petitioners raised industrial dispute and after reference by the appropriate government in pursuance of failure report sent by conciliation officer, the matter was finally adjudicated by the Judge, Labour Court, Udaipur and an award dated 28/11/1998 was passed, whereby, retrenchment of petitioners was set aside and they were held entitled for reinstatement with continuity in service and back wages from the...
Ram Narayan Singh @ NaraIn Singh, Vs. State
Court: Rajasthan
Decided on: May-22-2008
Reported in: RLW2009(1)Raj590
Prakash Tatia, J.1. These three appeals have been preferred by the three accused, namely DB Cr. Appeal No. 107/2002 by Ramnarayan Singh, DB Cr. Appeal No. 1029/2002 by Ramanand and DB Cr. Jail Appeal No. 159/2003 by Arvind Dubey, who have been convicted and sentenced by the court of Addl. Sessions Judge (Fast Track), Bhilwara in Sessions Case No. 73/2001 as under:Name of accusedConviction andSentenceRam NarayanSingh @ Narayan Singh(i) Under Section302/120B IPC sentenced toimprisonment for life and a fine of Rs. 30,000/- and in default toundergo further undergo rigorous imprisonment for 3 months.(ii) Under Section397 IPC sentenced to 10 yearsrigorous imprisonment and a fine of Rs. 2,000/- and in default tofurther undergo rigorous imprisonment for 2 months. (iii) UnderSection 394 IPC sentenced to 10years rigorous imprisonment and a fine of Rs. 2,000/- and in default to undergo rigorous imprisonment for2 months.Ramanand(i) Under Section302/120B IPC sentenced toimprisonment for life and a ...
Saraswati Devi (Smt.) Vs. Kailash Chand Jain
Court: Rajasthan
Decided on: May-22-2008
Reported in: RLW2008(3)Raj2360
Dinesh Maheshwari, J.1. By way of this transfer petition, the defendant-petitioner seeks transfer of civil suit for perpetual injunction as filed by the plaintiff-non-petitioner. (C.O. No. 85/2004 (56/2005)] from the Court of Additional Civil Judge (Senior Division), Jalore to the Court of Civil Judge (Senior Division), Churu.2. The petitioner has averred in the transfer petition that she is 77 years old widowed infirm lady short of sight; that because of threats and harassments by her alleged adopted son (the non- petitioner) and his natural father (brother of the petitioner's deceased husband) and for no source of maintenance being available, leaving her native place of Jalore she is residing with her brothers at Sardar Shahar District Churu; that she has no natural born son and her two married daughters are living at Chennai and Jaipur; that her husband's brother, taking undue advantage of her helplessness and in a deceitful manner, got executed a document as if his natural born son...
Sampat Raj Vs. State of Rajasthan
Court: Rajasthan
Decided on: May-22-2008
Reported in: RLW2009(1)Raj378
Mahesh Bhagwati, J.1. The wretched son indicated for the charge of murder of his old hapless father was convicted in the offence under Section 302 of IPC vide judgment dated 3rd December, 2003 rendered by Additional Sessions Judge (Fast Track) No. 2, Jhalawar and sentenced to imprisonment for life with a fine of Rs. 2000/-and in default of payment of fine to further undergo rigorous imprisonment of one year. Aggrieved with this judgment and order of sentence the accused appellant Sampat Raj has filed this jail appeal.2. The nub of the prosecution story as revealed by the compLalnant PW/3 Ratan Lal is that compLalnant Ratan Lal and the deceased Gopal happened to be real brothers. The deceased Gopal is survived by three sons namely Sampat Raj, Lekhraj and Rambilas who are living in their separate houses juxtaposed to each other. The deceased was living with his son Lekh Raj. It is alleged that in the intervening night of 30th and 31st May, 2003 at about 2-3 a.m. the compLalnant Ratan Lal...
Pappu and anr. Vs. State of Rajasthan
Court: Rajasthan
Decided on: May-22-2008
Reported in: RLW2008(3)Raj2647
Mahesh Bhagwati, J.1. The condemned prisoners Pappu and Pintu have impugned the judgments and orders dated 27.5,2003 and 28.6.2002 rendered by the learned Additional Sessions Judge (Fast Track) Gangapur City whereby both the appellants Pappu and Pintu have been convicted in the offence under Section 376(2)g of the IPC and sentenced to life imprisonment along with a fine of Rs. 5,000/- and in default of payment of fine to further undergo simple imprisonment of two months. Two separate criminal appeals have been filed by the appellants against the aforesaid judgments but since both these appellants pertain to one F.I.R. No. 210/2001 of Police Station Bamanwas Distt. Swai Madhopur registered in the offence under Section 376 and 323 IPC, they are being disposed of by this common judgment.2. The prosecution story as unfolded by prosecutrix PW/1 (name withheld by us) in her written report Ex.P/1 succinctly, runs as under:3. That on 29th September, 2001 at about 7.30 PM, prosecutrix, a girl o...
Om Prakash Vs. Civil Judge (J.D.), Sri Doongargarh and anr.
Court: Rajasthan
Decided on: May-22-2008
Reported in: 2008(3)WLN309
Dinesh Maheshwari, J.1. The petitioner is tenant in a shop situated at Sri Dungargarh and is facing a suit for eviction filed by the landlord-plaintiffrespondent No. 2 under the provisions of the Transfer of Property Act,1882 ('the Transfer of Property Act' hereafter).2. After framing of the issues in the suit, an application was moved on behalf of the plaintiff for deleting issues Nos. 2 and 12 framed respectively on the questions of reasonable and bona fide requirement of the plaintiff and comparative hardship with the submissions that the suit having been filed under the Transfer of Property Act, such questions were not required to be determined in this case. Another prayer was made for correction of typographical error of the date as mentioned in issue No. 4; and yet another prayer was made with the submissions that the specific issue on the question of termination of tenancy was required to be framed and hence, issue No. 3 be amended to state the question if the plaintiff has term...
Chaitanya Prakash Bansal Vs. Miss. Krishna Biyani
Court: Rajasthan
Decided on: May-21-2008
Reported in: RLW2008(3)Raj2631
ORDERJitendra Ray Goyal, J.1. This appeal has been filed by the plaintiff-decree holder against the judgment dated 16/11/2007 passed by Additional District Judge No. 3, Kota in Civil Objection No. 73/2007 whereby objection filed by the objector under Order 21 Rule 58 of the Code of Civil Procedure (for short the 'Code') in execution No. 2/2007 was allowed.2. The brief facts giving rise to this appeal are that appellant-decree holder filed a civil suit for recovery of money against the judgment-debtor Sh. Ghanshyam Biyani which was decreed exparte in favour of the plaintiff-decree holder and against the judgment-debtor Sh. Ghanshyam Biyani, father of the objector-respondent and the decree was passed for a sum of Rs.1,20,876/- with cost of the suit and 9% interest per annum. The appellant-plaintiff-decree holder filed an execution which was registered as Execution No. 2/2007 in the Court of Additional District Judge No. 3, Kota and certain moveable assets of the judgment-debtor Sh. Ghans...
Mohd. Harun and anr. Vs. Nissar Ahmed and ors.
Court: Rajasthan
Decided on: May-21-2008
Reported in: RLW2008(4)Raj3286
Prakash Tatia, J.1. The present D.B. Special Appeal has been preferred to challenge the order passed by the learned Single Judge dated 6.2.2008 by which the appellants' application filed under Article 226(3) of the Constitution of India for vacating the interim order dated 10.1.2008 was dismissed and the interim order dated 6.2.2008 was confirmed in SBCWP No. 243/2008.2. Facts of the case in brief are that there is a Durgah Diwaneshah Sabab, at Kapsan (hereinafter referred to as Durgah) and it is stated that said Durgah is visited by thousands of Jaireen and for managing the said Durgah, a committee is constituted. The said committee is Tauliyat Wakf Committee (hereinafter referred to as the Committee). According to the petitioners, the said committee is registered under the provisions of Wakf Act, 1954. Wakf Act, 1954 was repealed by the Section 112 of the Wakf Act, 1995. The petitioners were appointed as Tauliyat of Wakf Committee by the Rajasthan Board of Muslim Wakf, Jaipur vide or...
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