Rajasthan Court August 2008 Judgments
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Bablu @ Yogendra Singh and ors. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Aug-06-2008
Reported in: RLW2009(2)Raj1642
Mahesh Chandra Sharma, J.Since these two appeals are arising out of a common judgment and order dated 2 6.7.95 passed by the Special Judge, SC & ST (Prevention of Atrocities) Cases, Sawai Madhopur, they are being disposed of by a common judgment.2. Bablu @ Karan Singh along with three accused appellants have preferred this appeal against the judgment and order dated 26.7.95 passed by the Special Judge, Scheduled Caste & Scheduled Tribes (Prevention of atrocities) Cases Sawai Madhopur in Case No. (97/93) 112/94, whereby he convicted the accused appellant and sentenced him as under:For the offence under Section 148 IPC 2 Years rigorous imprisonment, Under Section 326 IPC 5 Years R.I. With fine of Rs. 1000/-, in default of payment of fine 1 year R.I, Under Section 324/149 IPC 2 Years R.I and for the offence under Section 323/149 IPC 1 Year RI. 'All the sentences were ordered to run concurrently.3. In Appeal No. 378/1995 In Sessions Case No. 97/1993 (112/94), the learned Special Judge, SC/...
State and ors. Vs. Madhusudan Sharma and ors.
Court: Rajasthan
Decided on: Aug-05-2008
Reported in: [2008(119)FLR1070]; RLW2008(4)Raj3611
Raghuvendra S. Rathore, J.1. This writ petition has been filed against the order passed by Hajasthan Civil Services Appellate Tribunal on 01.05.2000. The Appellate Tribunal had allowed the appeal preferred by Shri Madhusudan Sharma and directed the State Government to pay retiral benefits by treating him a government servant for that purpose.2. After retirement, Madhusudan Sharma, deceased, had made a request to the parent department for pension and when he did not get the same, he filed a writ petition before the High Court in the year 1997. The High Court vide its order dated 06.12.99 passed the order for transferring the writ petition to the Civil Services Appellate Tribunal. The order passed by the High Court was 'petition is also transmitted to the Tribunal for adjudication only on merits without considering the question of limitation.' After the writ petition having been transferred to the Appellate Tribunal at Jaipur the same was registered as appeal No. H-523/99. Subsequently, ...
Asstt. Commercial Taxes Officer Vs. Pukhraj Jain
Court: Rajasthan
Decided on: Aug-04-2008
Reported in: (2009)11VatReporter175
Vineet Kothari, J.1. Heard the learned Counsels for the parties.2. This revision petition is directed against the order of the Tax Board dated 20.3.2002 whereby the Tax Board dismissed the appeal of the Revenue upholding the order of the Dy. Commissioner (Appeals) and both the Appellate Authorities have concurrently held that the penalty under Section 78(5) of the RST Act, 1994 could not be imposed on the respondent-assessee, who was only handling agent of the cultivators, transporting wool in bags to two different registered dealers. The Authority concerned on the suspicion that the goods were belonging to the respondent-assessee, the handling agent and they were found at the time of checking only with bitty of M/s Arihant Transport Company and therefore, since the relevant documents, namely, sale invoice, besides bilty were not accompanying the goods in question, he imposed the said penalty. The first appellate Authority as well as the Tax Board held that said penalty could not be im...
State of Rajasthan Vs. Deendayal and ors.
Court: Rajasthan
Decided on: Aug-01-2008
Reported in: RLW2009(2)Raj1665
Mahesh Bhagwati, J.1. Challenge In this appeal is to the judgment dated 3rd April, 1997 whereby the Special Judge N.D.P.S. Cases (Sessions Judge) Alwar has acquitted the accused respondents Laxmi Narayan and Pusi in the offence under Sections read with Section 20 and the accused respondent Deendayal In the offence under Section 8 read with Section 20 and 21 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to as the 'Act 1985').2. The prosecution story is woven thus:That on 30th January 1996, PW-10 Shri Gaurhari Srivastava, Circle Officer, Alwar City accompanied by Police Officers reached by official vehicles at Mohalla Dhakpuri situated in Alwar. Shri Gaurhari Srivastava obtained an information from his informer that Laxminarayan and Deendayal were involved in trafficking of smack and 'charas' and recently they have brought the xcharas' and smack for sale. It is alleged that the raiding party reached at the house of Laxminarayan which was found locked. Wh...
Mohar Singh Vs. State of Rajasthan
Court: Rajasthan
Decided on: Aug-01-2008
Reported in: RLW2009(3)Raj2359
Mahesh Bhagwati, J.1. The challenge in this appeal is to the judgment dated 22nd July, 1986 whereby, the learned Additional Sessions Judge, Gangapur City convicted the accused-Mohar Singh S/o. Shri Moti Mal Meena for the offences under Section 376, 341 and 323 of Indian Penal Code and sentenced as under:Under Section 376 of IPC:Three years rigorous imprisonment and a fine of Rs. 500/- in default of payment of fine to further suffer four months rigorous imprisonment.Under Section 341 of IPC:One months simple imprisonment and a fine of Rs. 100/- in default of payment of fine to further suffer simple imprisonment of one week.Under Section 323 of IPC:A fine of Rs. 500- in default of payment of fine to undergo 15 days simple imprisonment.All these sentences were ordered to run concurrently.2. The nub of the prosecution story as unfolded by the prosecutrix (name withheld) 'P' is as under:That on 30th June, 1985 at about 5-6 pm, the prosecutrix was coming back from well to her house. The accu...
Union of India (Uoi) Vs. Narendra
Court: Rajasthan
Decided on: Aug-01-2008
Reported in: RLW2009(3)Raj2353
Mahesh Bhagwati, J.1. The challenge in this appeal is to the judgment dated 31st January, 1997 whereby, the Special Judge, N.D.P.S. Act Cases, Kota (Additional Sessions Judge, No. 2, Kota) has acquitted the accused-respondent Narendra S/o. Salig Ram in the offence under Section 8 read with Section 29 of Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to as 'Act 1985').2. The prosecution story succinctly runs as under:That on 27th May, 1989 at about 11:45 am PW-6 Ratan Lal Goria accompanied by officers of Preventive Party checked a Bus No. RNP 1378 of Rajasthan Roadways on Kota-Bundi road near Khanna Farm and found one person sitting on seat No. 26 who identified himself to be Teju S/o. Babul Lal. Teju was carrying a plastic bag on his lap. On suspicion, Shri Goria called Conductor and Driver of the bus and searched the plastic bag wherein 2.300 klgm opium was found. It is alleged that the accused Teju told the checking party that this plastic bag containing the...
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