Rajasthan Court July 2009 Judgments
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Lrs of Late Ganga Singh Vs. Jethmal and ors.
Court: Rajasthan
Decided on: Jul-03-2009
Reported in: RLW2009(3)Raj2514; 2009(3)WLN253
Gopal Krishan Vyas, J.1. The instant second appeal has been filed by the appellant challenging the judgment and decree dated 19.02.2009 passed by learned Addl. District Judge, Nagaur in Civil Appeal No. 18/96 affirming the judgment and decree dated 21.11.1996 passed by Civil Judge (Jr. Dn.), Nagaur in Civil Suit No. 31/88, whereby, the trial Court partly decreed the suit of the appellant-plaintiff.2. Brief facts of the case are that a civil suit was filed by original plaintiff Ganga Singh for permanent injunction to maintain accrued easementary rights under the Indian Easement Act, 1882. In the plaint filed by plaintiff Ganga Singh, it was stated that a house was purchased by him and was in his possession at Mohalla Bassi in Nagaur city. The said house was purchased by one Pari Bai on 14.03.1963 by the custodian department and as per the plaintiff late Ganga Singh, he was tenant in the said property. Thereafter, he purchased the property and became owner of the said property.3. After p...
Santosh Kumar Banthia Vs. Indian Oil Corporation Ltd. and ors.
Court: Rajasthan
Decided on: Jul-03-2009
Reported in: 2009(3)WLN308
H.R. Panwar, J.1. By the instant writ petition under Article 226 of the Constitution of India, the petitioner has challenged the show-cause notice dt. 21.04.2009 Annex. 3 issued by the respondent-Indian Oil Corporation Limited to show cause as to why the petitioner's transport firm be not de-listed from the list of approved contractors of Indian Oil Corporation Limited.2. I have heard learned Counsel for the petitioner. Carefully gone through the notice impugned.3. Without showing cause against the notice of respondent-Indian Oil Corporation, the petitioner straightaway filed the instant writ petition before this Court assailing the notice.4. In Executive Engineer, Bihar State Housing Board v. Ramesh Kumar Singh and Ors. : (1996) 1 SCC 327, the Hon'ble Supreme Court held that without showing cause against the notice, the respondent therein straightaway filed the writ petition in the High Court and assailed the notice and the eviction proceedings. There was no attack against the vires o...
Ratan Lal Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jul-03-2009
Reported in: 2009CriLJ4221
Mahesh Bhagwati, J.1. Ratan Lal, the appellant herein, was put to trial before Additional District and Sessions Judge, Kishangarhbas District Alwar who vide judgment dated 23rd July, 1987 convicted him in the offence under Section 376 read with Section 511 of IPC and sentenced him to Rigorous Imprisonment for two and half years and fine of Rs. 500/-; in default of payment of fine to further suffer Rigorous Imprisonment for three months.2. The prosecution case, in brief, is that on 12th June, 1986 at about 10.00 p.m. the prosecutrix was sitting in her house made of thatch and cutting unripe mangoes. In the meantime, the accused appellant Ratan Lal came there and asked about her husband as to where was Ramesh The prosecutrix waived her hand indicating that he was not in the house. Thereafter he entered inside and caught hold of by hair and made her to lie on the ground. It is alleged that he bite her right cheek and suddenly sat on her. It is further alleged that the accused broke the st...
Sarpanch, Gram Panchayat Akola and anr. Vs. Radhakishan
Court: Rajasthan
Decided on: Jul-03-2009
Reported in: 2009(3)WLN541
Gopal Krishan Vyas, J.1. In this second appeal filed under Section 100, C.P.C., the appellant is challenging the judgment and decree dt. 01.09.2008 passed by the Addl. District Judge No. 2, Chittorgarh in Civil Appeal No. 13/2006, whereby, learned appellate Court allowed appeal filed by the respondent-plaintiff and set aside the judgment and decree dt. 15.09.2006 passed by the Civil Judge (Sr. Dn.), Kapasan in Civil Original Suit No. 22/2005 (Old No. 1/1996) whereby the trial Court dismissed the suit of the respondent-plaintiff with cost of Rs. 1,000/-.2. According to facts of the case, the respondent-plaintiff preferred a suit before the trial Court for permanent injunction, in which, it is stated that he is in possession of the yard (ckM+k) situated in village Akola and that ckM+k land is his ancestral property and his family is residing there for last one hundred years and they are using the ckM+k for their cattle and keeping agricultural equipments. On 26.09.1995, appellant Gram Pa...
Vaman Narayan Ghiya and Etc. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jul-03-2009
Reported in: 2009CriLJ4729
ORDERMahesh Bhagwati, J.1. Since both the aforesaid petitions filed under Section 482 pertain to quashing FIR No. 33/2006 registered at police station Nihalganj, Dholpur for the offence under Section 380 of IPC, they are being disposed of by this common order.2. The relevant facts giving rise to these petitions are set out in nub as under:That a report came to be lodged at police station Vidhyadhar Nagar, Jaipur on 6-6-2003 by one Ram Singh, Circle Inspector, police station Vidhyadhar Nagar, Jaipur. The said report was registered as FIR No. 146/ 2003 for the offences punishable under Sections 379, 411 and 401 of IPC. During the investigation of this case, the Investigating Agency made an arrest of accused persons including petitioner Vaman Narayan Ghiya. The Investigating Officer obtained an information under Section 27 of Indian Evidence Act from the petitioner and in pursuance thereof, carried out a search on 25-6-2003 of the Ware-House 'Indian Craft' belonging to accused Pradeep Mal...
Prabhu Lal Vs. State of Rajathan
Court: Rajasthan
Decided on: Jul-03-2009
Reported in: RLW2010(1)Raj691
Mahesh Bhagwati, J.1. Prabhu Lal, the appellant herein, was put to trial before the Additional Sessions Judge, Jhalawar who vide impugned judgment dated 10th December, 1986 convicted him in the offence under Section 376 of IPC and sentenced him to rigorous imprisonment for 7 years and a fine of Rs. 250; in default of payment of fine to further suffer rigorous imprisonment for 6 months.2. The prosecution case in brief is that:The prosecutrix in the afternoon of 24th August, 1984 went to draw water on the well of Narayan Patel. It was rainy season and drizzling. It is alleged that when she was drawing water from the well, the accused-appellant suddenly appeared and stood behind her. He lifted her in his lap and took her in the crop of maize. When she screamed, the appellant gagged her mouth by his hand. Thereafter, he made her to lie straight on the ground, lifted her ghaghara, draw his penis from his dhoti he was wearing, put her both the legs on his shoulders and ravished her. It is al...
Jhinguriya Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jul-03-2009
Reported in: 2010CriLJ795
Mahesh Bhagwati, J.1. Challenge in this appeal is to the judgment dated, September 28, 1987 rendered by Additional Sessions Judge, Karauli whereby, he convicted the accused appellant in the offences under Sections 376 and 323 of IPC and sentenced as under:Under Section 376 of IPC:Rigorous imprisonment for seven years and a fine of Rs. 300/-; in default of payment of fine to further suffer rigorous imprisonment for six months.Under Section 323 of IPC:Rigorous imprisonment for six months. Both the sentences were ordered to run concurrently.2. The factual matrix of the prosecution case, in brief, is stated as under:That on 10th August, 1984 at about 2 -2:30 p.m., the prosecutrix was causing the cattle to graze at the taal. The accused appellant came there and caught hold of her hand and asked her to accompany him up to mine, but she refused to go and reminded him that he happened to be her Mama in relation. Thereafter, the accused started staring at her and gave a blow of club. He lifted ...
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