Rajasthan Court April 2010 Judgments
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Gafoor Vs. the State of Rajasthan
Court: Rajasthan
Decided on: Apr-09-2010
1. This appeal on behalf of accused-appellant Gafoor s/o Sultan Khan is directed against the impugned judgment and order dated 15th July, 1988 passed by Sessions Judge, Jaipur District, Jaipur in Sessions Case No. 33/85, wherein appellant has been convicted and sentenced as under:Under Section 302 IPC - Rigours Imprisonment forlife and a fine of Rs.200/-;in default of payment of fineto further undergo one month'sRigorous Imprisonment.Under Section 201 IPC - 7 Years Rigorous Imprisonmentand a fine of Rs.100/-; indefault of payment of fineto further undergo one month'sRigorous Imprisonment.Under Section 377 IPC - 6 month's RigorousImprisonment and a fine ofRs.100/-; in default ofpayment of fine to furtherundergo one month'sRigorous Imprisonment. All the sentences were ordered to run concurrently2. Briefly stated the facts of the case are that on 6th October, 1984, a written report was lodged by Hanuman Prasad (P.W.5) at Police Station, Bagru, District, Jaipur alleging inter alia that one...
Balwant Singh Vs. State of Rajasthan
Court: Rajasthan
Decided on: Apr-08-2010
Govind Mathur, J.1. By judgment dated 30.10.2004 learned Additional Sessions Judge (Fast Track), Balotara, Camp Barmer convicted the accused appellant for the offences punishable under Sections 148, 302, 449, 324, 323 Indian Penal Code and Section 4/25 of Indian Arms Act. The accused was sentenced for each of the offences as under:148 IPC: rigorous imprisonment for one year and a fine of Rs. 1000/-, in default of the payment of fine to further undergo imprisonment for three months;323 IPC: rigorous imprisonment for six months and a fine of Rs. 500/-, in default of the payment of fine to further undergo imprisonment for one month;324 IPC: rigorous imprisonment for one year and a fine of Rs. 1000/-, in default of the payment of fine to further undergo imprisonment for three months;449 IPC: rigorous imprisonment for three years and a fine of Rs. 1000/-, in default of the payment of fine to further undergo imprisonment for three months;302 IPC: imprisonment for life and a fine of Rs. 5000/...
Nirmal Nahta and ors. Vs. State and ors.
Court: Rajasthan
Decided on: Apr-08-2010
Ajay Rastogi, J.1. Instant petition has been jointly filed by 18 petitioners who are elected members/Corporators of Jaipur Municipal Corporation ('Corporation/JMC'), with the grievance that despite various requests made by majority of elected corporators including petitioners, respondents-3 & 4 in particular, are avoiding to convene meetings of Corporation for constitution of various committees provided Under Section 55 of Rajasthan Municipalities Act, 2009 ('Act, 2009').2. Election of Corporators of JMC was held in November, 2009. As alleged, the petitioners contested election of Corporators from their respective wards of JMC on tickets allotted by Bhartia Janta Party (BJP) and were declared as elected members of JMC. It has also been alleged that out of total strength of 77 members of JMC, majority of the elected members (46 Corporators) belongs to one political party. As a result of new composition of JMC, it started functioning since 26/11/2009 and respondent-3 was elected as Mayor...
Smt. Laxmi Dhoandiya and ors. Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Apr-08-2010
R.S. Chauhan, J.1. The petitioners have sought the review of the order dated 14-2-2008, passed by this Court, wherein this Court had observed as under:This writ petition has been filed by the petitioners by way of Public Interest Litigation alleging that the area earmarked for woodland was getting disturbed on account of setting up of petrol pump and converting the area into a commercial complex.A show cause notice was issued to the respondents including the Rajasthan Housing Board as the area in dispute lies within the jurisdiction of the Rajasthan Housing Board. The Rajasthan Housing Board has filed counter affidavit along with the additional affidavit stating therein that the woodland area, which was earlier shown to be raised in Sector 8, Zone 80, which was situated on the left side, is now going to be shifted on the right side and the land on the left hand side would be used for commercial purpose.In view of the reply filed by the respondent--Housing Board, no cause of action surv...
Hukmi Chand and ors. Vs. Municipal Board and ors.
Court: Rajasthan
Decided on: Apr-08-2010
Dinesh Maheshwari, J.1. This special appeal is directed against the order dated 11.04.2008 passed in CWP No. 5163/2006 whereby the learned Single Judge has dismissed the writ petition filed by the petitioners-appellants assailing the validity of the order dated 20.07.2006 passed by the State Government rejecting the representation made by them in relation to the auction proceedings for disposal of a parcel of land situated at Nokha, District Bikaner.2. The writ petition leading to the present appeal has been in the third round of litigation concerning the disputed parcel of land situated at Ward No. 9 (Adarsh Colony), Nokha, earlier marked as Plot No. 79. The dispute has its genesis in the advertisements issued by the respondent Municipal Board, Nokha ('the Board) by way of the handbill dated 12.08.1981 (Annex.1) and another handbill dated 24.09.1981 (Annex.2) for public auction of the shops and cinema land. In these handbills, the disputed parcel of land was specified as 'cinema land'...
Ghanshyam Lal Kala Vs. Union of India (Uoi) and ors.
Court: Rajasthan
Decided on: Apr-08-2010
1. In this writ petition filed under Article 226 and 227 of the Constitution of India, the petitioner is challenging the validity of judgment dated 30th January, 2002 passed by the Central Administrative Tribunal Jodhpur Bench, Jodhpur in Original Application No. 53/2001, by which, learned Tribunal has set aside the selection of petitioner on the post of EDBPM while following the earlier judgment dated 22nd October, 2001 passed by the Central Administrative Tribunal in Original Applications No. 50/2001 and 51/2001. The judgment impugned reads as under:The law on the point has been elaborately discussed in the aforesaid judgement and we find that the case of the applicant is fully covered by the said judgment.Giving benefit of the aforesaid judgement of the applicant and taking into consideration the admitted portion that the marks of the applicant were higher than respondent No. 5 is the High School, we allow this OA and direct the respondents that after selecting the candidate on the ...
Hansmukh and anr. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Apr-08-2010
Govind Mathur, J.1. Both these appeals are arising out of the judgment dated 29.3.2003 passed by learned Additional Sessions Judge (Fast Track), Jodhpur, whereby the accused appellants were convicted for the offences punishable under Sections 302 and 302/34 Indian Penal Code. Both the accused suffered with a sentence of imprisonment for life term with a fine of Rs. 2000/- each and further to undergo three months rigorous imprisonment in event of default in making payment of fine.2. Briefly stated, case of the prosecution is that on 5.11.2002, PW-5 Gautam Singh submitted a written report (EX.P/1) at Police Station chopasani Housing Board, Jodhpur, stating therein that at about 09:30 PM of the same day his sister Tripti with a neighbour Santa was firing crackers, then accused Kailash came out from House No. 8/334 and started uttering nonsense. Accused Kailash then proceeded to his way, however, hearing the noise, his brother Hansmukh came out and he started uttering nonsense to the girls...
Nila Tel Khudra Vikreta Sangh Vs. State of Rajasthan and anr.
Court: Rajasthan
Decided on: Apr-07-2010
1. This intra-court appeal is directed against the order dated 17.12.2009 whereby the learned Single Judge of this Court has dismissed in limine the writ petition (CWP No. 11248/2009) preferred by the petitioner-appellant.2. The appellant, said to be a union of the persons dealing in blue kerosene as authorised dealers of the State, sought to the following reliefs in the writ petition:1. That the respondent State Govt. be directed to issue the license to the member of the Petitioner Union for the sale of food articles along with the other essential commodities including blue kerosene.2. Any other appropriate relief, as deemed fit, may also be granted to the Petitioner Union.3. Costs be awarded.3. The learned Single Judge, after considering the law applicable to the case including the provisions of the Rajasthan Food Grains & Other Essential Articles (Regulation & Distribution) Order, 1976 ('the Order of 1976') pointed out that the members of the petitioner union were authorised only to...
Karan Singh Rathore Vs. the State of Rajasthan and ors.
Court: Rajasthan
Decided on: Apr-07-2010
1. This intra-court appeal is directed against the order dated 12.03.2010 whereby the learned Single Judge of this Court has declined to entertain the writ petition (CWP No. 2386/2010) filed by the petitioner-appellant in challenge to the orders passed by the State Government on 02.02.2010 (Annex.8 and Annex.9) granting sanction for his prosecution in FIR Nos. 279/2002 and 280/2002 registered by the Anti Corruption Bureau, Rajasthan, Jaipur for offences under Sections 13(1)(c)(d) and 13(2) of the Prevention of Corruption Act, 1988 and Sections 409, 420, 467, 471, 477A & 120B of the Indian Penal Code; and placing him under suspension.2. The petitioner-appellant filed the writ petition aforesaid with the submissions that while posted as the Assistant Engineer, Water Shed Development and Social Conservation, Pokaran in the year 1996-1997, his duties were to provide supervision and technical guidance to the Junior Engineers undertaking various works in the clusters falling under his jurisd...
Sabir Khan Vs. State of Rajasthan
Court: Rajasthan
Decided on: Apr-07-2010
Govind Mathur, J.1. Learned Additional Sessions Judge (Fast Track), Pali by judgment dated 18.10.2003 convicted the accused appellant for the offences punishable under Section 302 Indian Penal Code and also for Sections 25 and 27 of the Indian Arms Act. The accused appellant was sentenced to undergo life imprisonment and to pay a fine of Rs. 2000/- for the offence punishable under Section 302 IPC, further to undergo six months rigorous imprisonment in default of payment of fine; to undergo two years rigorous imprisonment with a fine of Rs. 1000/-, further to undergo one month's rigorous imprisonment in default of payment of fine for the offence punishable under Section 25 of the Arms Act and to undergo three years rigorous imprisonment with a fine of Rs. 1000/-, further to undergo one month's rigorous imprisonment in default of payment of fine for the offence punishable under Section 25 of the Indian Arms Act.2. Briefly stated, facts of the case are that one Nasir Khan son of Raju Khan...
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