Rajasthan Court September 2008 Judgments
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Sunder Kanwar (Smt.) Vs. Union of India (Uoi) and ors.
Court: Rajasthan
Decided on: Sep-15-2008
Reported in: RLW2009(2)Raj979
H.R. Panwar, J.1. By the instant writ petition, the communications/letters dated 21st January, 1985 and Uth January, 1996 respectively issued by the respondents have been challenged by the petitioner.2. The facts and circumstances giving rise to the instant writ petition are that petitioner's husband late Madan Singh Devra was recruited in the Indian Army on the post of Rifleman, who was enrolled on 11.12.1979 by the respondents after thorough medical examination and finding him medically fit having category 'AYE'. After his recruitment/enrollment with the Indian Army, he underwent the training course for the period prescribed by the respondent authorities. After having completed the training, he was posted to 7th Raj. Rifle. At the relevant time at Pathankot in Punjab, he was deployed In a convoy of A.S.C. unit i.e. Army Supply Corps in July, 1984 and while he was in the aid convoy, he met with an accident on 7th July, 1984 when he was traveling in a return army truck to Jammu and suf...
Puran Ram @ Kidia Vs. State of Rajasthan
Court: Rajasthan
Decided on: Sep-15-2008
Reported in: RLW2009(2)Raj1027
A.M. Kapadia, J.1. Challenge in this Appeal, filed under Section 374 of the code of Criminal Procedure ('the Code' for short) is to the correctness of the judgment and order dated 6.6.2002 rendered in Sessions Case No. 139/2001 by the learned Additional Sessions Judge (Fast Track), Hanumangarh by which sole appellant ('accused' for short) has been convicted for commission of the offence punishable under Sections 302 and 498-A IPC ('IPC' for short) and sentenced to imprisonment for life and fine of Rs. 1,000/- in default of payment of fine to further under go two months imprisonment for offence under Section 302 IPC and sentenced to three years simple imprisonment and fine of Rs. 500/- and in default of payment of fine to further undergo one month simple imprisonment for offence under Section 498-A IPC. It is also ordered that both the sentences shall run concurrently.2. The prosecution case as disclosed from the FIR and unfolded during trial is as under:2.1 Informant Bhagu Ram PW. 5, t...
Kaushlya Bai Vs. State of Rajasthan
Court: Rajasthan
Decided on: Sep-11-2008
Reported in: RLW2009(3)Raj2293
G.S. Sarraf, J.1. This criminal misc. petition under Section 482 Cr.P.C. is, directed against the order dated 25.4.2008 passed by Judicial Magistrate Ist Class, Chhipabarod, district Baran whereby the application filed by the petitioner under Section 457 Cr.P.C. for releasing the motor cycle bearing registration number RJ 20 SE 6496 has been rejected.2. Heard learned Counsel for the petitioner and learned P.P.3. Orders which decide substantially the rights of the parties, may be temporarily, have no character of interlocutory orders as an element of finality stands attached to them. An order giving on supurdgi any property under Sections 451, 457 Cr.P.C. remains in force during pendency of the proceedings before the Court. That means that it is an order substantially affecting right to possess the property during the pendency of the trial of the case. The element of finality therefore, stands attached to such orders and, therefore, such orders are revisable under Section 397 Cr.P.C. I ...
Central Bureau of Narcotics Through Assistant Commissioner, Ndps Vs. A ...
Court: Rajasthan
Decided on: Sep-11-2008
Reported in: RLW2009(2)Raj1134
Mahesh Chandra Sharma, J.1. This criminal revision petition has been filed under Section 53 of Juvenile Justice (Care and Protection of Children) Act 2000 read with Section 482 Cr.P.C. for quashing the Order dated 19th May, 2005 in enquiry proceeding No. 41/2004 passed by the Special Judge (NDPS Cases), Kota in FIR No. 3/2003 by which he has directed that the action against the accused would be taken under the Juvenile Justice Act and directed the accused (respondent) to present before the Juvenile Court on 27th May, 2005.2. The brief facts of the case are that on 20th March, 2004 a complaint was lodged under Section 8 read with Section 18-B and 29 of NDPS Act against the accused persons namely Ashok Kumar, Jaswant Singh, Deep Chand and Srichand by (Dharam Singh Meena) Inspector of the Assistant Commissioner, Narcotics, Kota before the Court below. It was further stated In the complaint that out of these persons accused respondent-Ashok Kumar is minor.3. Upon the said complaint, the le...
Ajay Tanwar and ors. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Sep-11-2008
Reported in: RLW2009(3)Raj2285
G.S. Sarraf, J.1. This criminal misc. petition under Section 482 40 Cr.P.C. is directed against the orders dated 13.8.2008 and 18.8.2008 passed by Additional Sessions Judge (Fast Track) No. 1, Jaipur City, Jaipur.2. The facts in brief are that by judgment dated 7.8.2008 passed by Addl. Civil Judge (Jr. Div.) and Judicial Magistrate No. 23, Jaipur City, Jaipur the petitioners were convicted under Section 498-A IPC and each of them was sentenced to simple imprisonment for one year and a fine of Rs. 500/- and in default of payment of the fine further simple imprisonment for fifteen days. Against this judgment of conviction and order of sentence the petitioners filed an appeal. The appellate Court i.e. Additional Sessions Judge (Fast Track) No. 1, Jaipur City, Jaipur by order dated 13.8.2008 suspended execution of the sentence of imprisonment only. The petitioners then filed an application before the appellate Court praying therein that the sentence of fine passed against them be also susp...
Bal Hit Shiksha Samiti Vs. Shri Dharam Singh and anr.
Court: Rajasthan
Decided on: Sep-10-2008
Reported in: RLW2009(3)Raj2251
Raghuvendra S. Rathore, J.1. An application under Section 17B of the Industrial Disputes Act 1947 has been filed by the workman, respondent No. 1 with the prayer that the same may be allowed and the petitioner employer be directed to make the payment of salary last drawn by him during the pendency of the writ petition.2. The petitioner-employer has contested the aforesaid application by filing a reply to it. The primary objections raised by the petitioner is that the instant application has been moved after a lapse of about 8 years from the filing of the writ petition and therefore on the ground of delay and latches the application is liable to be dismissed. Learned Counsel for the petitioner has also submitted that the writ petition, in which the present application has been filed, was admitted by the Court on 18.1.2001 and a stay order in the term that meanwhile operation of the award dated 9.5.2000, passed by the Labour Court, Bharatpur, by stayed. He has submitted that later, on 20...
Mohan Lal Sharma Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Sep-10-2008
Reported in: RLW2009(2)Raj1657
Narayan Roy, C.J.1. Heard counsel for the parties.2. The writ petitioner, who is said to be a public spirited person, filed this P1L application raising a grievance that the State Government had decided to allot 47073 Square Metres of land on Ashram Road in favour of respondent No. 3-M/s. DLF, which is a valuable land, at a throw-away price. According to him, the value of the land would not be less than Rs. 375 crores, but the same is being allotted in favour of respondent No. 3 for a meagre amount of Rs. 117 crores, and thus causing loss to the public exchequer to the tune of Rs. 250 crores. It is the further grievance of the writ petitioner that in the present case, no transparent procedure has at all been adopted and the State Government and also the Board of infrastructure Development and Investment Promotion (BIDI) have taken decision to make allotment of the land in favour of M/s. DLF nor any procedure of law as contemplated under Section 54 of the Jaipur Development Authority Ac...
Rakesh Kumar Bansal Vs. State of Rajasthan and anr.
Court: Rajasthan
Decided on: Sep-10-2008
Reported in: 2009(2)WLN227
H.R. Panwar, J.1. By the instant writ petition under Article 226 of the Constitution of India, the petitioner seeks a direction to the respondents to reimburse the medical bills for the treatment of his mother incurring the expenses of Rs. 3,86,430/- as per the bills submitted by him with interest.2. The facts and circumstances giving rise to the instant writ petition are that the petitioner, the Member of the Rajasthan Higher Judicial Services, while posted as Additional District Judge, Kota, his mother Smt. Premlata fell ill due to Multiple Brain Aneurysm, however, the petitioner's mother at the relevant time when she fell ill was at Udaipur. The petitioner's mother was taken to RNT Medical College and Controller, Associated Group of Hospital, Udaipur for check-up and treatment. The Principal, RNT Medical College and Controller, Associated Group of Hospital, Udaipur by office order Annexure-2 came to the opinion on the basis of the opinion of the Authorized Medical Attendant/Medical ...
Chiranji Lal JaIn Vs. Judge, Industrial Tribunal and anr.
Court: Rajasthan
Decided on: Sep-09-2008
Reported in: [2008(119)FLR1077]; (2009)ILLJ654Raj
Mohammad Rafiq, J.1. This appeal is directed against the judgment of the learned single Judge dated September 2,1998 whereby the writ petition of the appellant was dismissed. The appellant in the writ petition challenged the award of the Industrial Tribunal, Jaipur dated October 23, 1991. The appellant was appointed as Shop Incharge with Khetri Copper Complex Welfare Trust on July 14, 1976. His services were terminated on July 2,1980 by respondent No. 2. Aggrieved thereby, appellant approached the Conciliation Officer and consequent upon failure report submitted by him, reference of the industrial dispute was made by the appropriate government to the Industrial Tribunal. The Tribunal in its order dated May 20, 1987 held that since no enquiry was conducted by the management against the appellant-workman and therefore, the respondent-Trust could lead evidence to prove the charges against the appellant workman before the Tribunal itself. The charges against the appellant were found proved...
Pala Ram and anr. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Sep-09-2008
Reported in: RLW2009(1)Raj302
Deo Narayan Thanvi, J.1. This is an appeal against the judgment dated 2.8.2003 of the learned Additional Sessions Judge (Fast Track), Hanumangarh, whereby he has convicted accused appellants Pala Ram and Mst. Kalawati wife of Manphul Ram under Section 302 IPC and sentenced them to undergo life imprisonment and a fine of Rs. 500/- and in default, to further undergo one month's R.I. Both the accused were also convicted under Section 498A IPC and sentenced to undergo three years' R.I. and a fine of Rs. 500/- and in default, to further undergo one month's R.I. Both these substantive sentences were ordered to run concurrently.2. Facts leading to this appeal are that complainant Het Ram of Chak 6 MJD Ghadsana filed a typed report before the S.H.O., Police Station Sangaria on 30.4.2001 at 7 P.M. that her daughter Mst. Sharda was married with accused appellant Pala Ram, his another daughter Geeta was married with Prithvi Ram and third daughter Banto was married with Mahendra. All were sons of ...
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