Court : Rajasthan
Reported in : RLW2005(2)Raj1198; 2005(1)WLC436
Vyas, J.1. This appeal is directed against the judgment November 2,2002, passed by the Additional District & Sessions Judge, Fast Track, Laxmangarh, Alwar, whereby he convicted and sentenced accused-appellants Ghurelal, Chunchu @ Bhagwan Singh, Raghuveer, Kallu, Rajpal, Kuniya, Talebar and Samay Singh for the offence under Section 396, IPC, to life imprisonment and a fine of Rs. 1,000/- each, in default of payment of fine to further undergo six months rigorous imprisonment; accused Ghurelal, Chunchu @ Bhagwan Singh, Raghuveer, Kallu, Rajpal, Kuniya, Talebar and Samay Singh for the offence under Section 397, IPC, to Rigorous Imprisonment for seven years and a fine of Rs. 500/- each, in default of payment of fine to further undergo three months Rigorous Imprisonment; accused Ghurelal, Chunchu @ Bhagwan Singh, Raghuveer, Kallu, Rajpal, Kuniya, Talebar and Samay Singh for the offence under Section 395, IPC, to life imprisonment and a fine of Rs. 1,000/- each, in default of payment of fine ...
Tag this Judgment!Court : Rajasthan
Reported in : 1995CriLJ3325
B.R. Arora, J.1. This appeal is directed against the judgment dated 1-2-1989. passed by the Additional Sessions Judge No. 1, Sri Ganganagar, by which the learned Additional Sessions Judge No. 1, Sri Ganganagar convicted the appellant and Kakoo alias Sarvajeet Singh for the offences under Sections 302. 302/34,364,449,392 read with 397, IPC and S. 27 of the Indian Arms Act.2. Appellant Resham Singh and co-accused Kakoo alias Sarvajeet Singh were tried by the learned Additional Sessions Judge No. 1, Sri Ganganagar, for the offence under Section 302, in the alternative, for the offence under Sections 302/34, IPC for committing the murders of Gurvendra Singh and his two servants Jatu Ram and Ram Bahadur Nepali. They were, also, tried for the offences under Sections 449, 362, 392 read with Section 397, IPC as well as under Section 27 of the Indian Arms Act.3. The case of the prosecution, in nutshell, is that in the intervening night between 15th and 16th February, 1985, two persons, whose fo...
Tag this Judgment!Court : Rajasthan
Reported in : AIR1959Raj21
D.S. Dave, J.1. Both the appeals noted above arise out of the same judgment of the learned Sessions Judge, Udaipur, dated 21-1-58 and therefore they are disposed of together.2. Appellants Bismillah Khan and Mst. Azizan have both been convicted by the learned Sessions Judge Udaipur under Section 366 I. P. C. but while Bismillah Khan has been sentenced to 5 years' R I and a fine of Rs. 1000/-, Mst. Azizan has been sentenced only to 2 years' R.I. and a fine of Rs. 50/-.3. The incident giving rise to this case took place in a locality called Tekri in Udaipur on the 18th of August, 1954.4. The prosecution case against the appellants is as follows :One Mst. Ram Pyari who was a widow of one Bahadur Singh was living at Tekri. It is said that her deceased husband was a Nepali who had several years back come to Mewar, joined the military service at Udaipur. Even after his death Mst. Ram Pyari who was also a Nepali woman continued to live there. She had two daughters, Kamla aged about 16 or 17 ye...
Tag this Judgment!Court : Rajasthan
Reported in : 1999CriLJ2729; 2000(1)WLC638; 1999WLC(Raj)UC682; 1999(1)WLN181
ORDERArun Madan, J.1. I have heard learned counsel for the petitioner as well as the learned Public Prosecution and also perused the documents available on the record.2. The gravity of the charge against the petitioner is that on an information being made available to the Investigating Police, raiding party was organized to conduct the search in the hotel premises namely; Blue Moon Hotel, Pushkar, Ajmer where three Nepali youths namely; Avinash, Govind and Kamal were staying who were allegedly in possession of various quantities of Charas ranging from 400 gms. to 600 gms. along with Rs. 10,000/- each on every one of them. They were arrested and booked for offence under Section 8/21 of the NDPS Act 1985 for short 'the Act' pursuant to FIR No. 9/99 registered with P. S. Pushkar, Distt. Ajmer on the basis of which, the investigation commenced. The entire seizure operation against three above named accused was carried out from 10.00 a.m. to 11.00 a.m. The accused were interrogated and thei...
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Reported in : 1986(1)WLN594
Farooq Hasan, J.1. This is an appeal against the judgment dated 18-3-1983 passed by the Addl. Sessions Judge, Kishangarhbas convicting the appellants under Section 302/34, IPC and sentencing them to imprisonment for life and a fine of Rs. 500/-. Accused appellant Dayaram has also been convicted under Section 3/25 and Section 27 of the Arms Act and has been sentenced to 3 months RI and 6 months R.I. respectively.2. Briefly stated, the facts of the case are that an oral report (Ex. D 1) was lodged by PW 1 Nathu at P.S. Tijara. On the basis of this report, an FIR was chalked out at the police station. In the report, it has been alleged that on 6-4-1981 at about 5-30 to 6 p.m the accused-appellants armed with a gun and katta came to his house and after abuses Chiranji alias Chimta appellant called deceased Shera (son of the informant) to come out of the house. At this Shera came out and at that time the accused appellant Chiranji alias Chimta fired his gun which hit Shera on his chest. The...
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Reported in : II(1992)ACC50
ORDERN.C. Kochhar, J. 1. This appeal under Section 100 of the Code of Civil Procedure (the Code) is directed against the judgment and decree dated 7-2-1983 passed by the learned Additional District Judge, Bharatpur in Civil Appeal No. 4/79 (91/78) arising out of the judgment and decree dated 18-7-1978 passed by the learned Civil Judge, Bharatpur in Civil Suit No. 33/74. The brief facts are as under:-2. On 3-10-1974 the plaintiff-appellant had filed a suit against the defendant-respondent Union of India through its Railway Administration with the allegation that the plaintiff firm carried on the business in Janakpur Dham, Nepal and had been registered in accordance with the Nepalis Law and had purchased 198 tins of mustard oil at the rate of Rs. 89.60 p. per tin from Bharatpur which were booked vide R.R. No. 0232183 dated 30-7-1971 for being carried from Bharatpur to Jai Nagar in the State of Bihar at the railway's risks. It was pleaded that, ordinarily, the consignment ought to have re...
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Reported in : 1993WLN(UC)18
A.K. Mathur, J.1. Petitioner by this writ petition has prayed that the notice of termination dated 6th December 1981 (Anx. 2) of the services of the petitioner may be quashed and respondent College in turn may be directed not to effect the termination of the services of the petitioner. It is also prayed that the Director College Education be restrained from insisting upon the termination of the services of the petitioner by resorting to the mechanism of denying grant-in-aid to the said college against the post of the petitioner.2. The post of the Lecturer in Physics was advertised by the respondent Bhupal Noble College. Petitioner applied for the same and he was selected by the selection Committee which included the representative of the University of Udaipur. In pursuance of this selection, petitioner was appointed as a lecturer in Physics by the order dated 26th November 1969, copy thereof has been placed on the record as Anx. 1. It is alleged that the petitioner was also confirmed o...
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Reported in : (2001)167CTR(Raj)398
By the CourtThis is an appeal under section 260A of the Income Tax Act, 1961 (hereinafter referred to as 'the Act') 2. The facts giving rise to this appeal, briefly stated, are as under :On 16-1-1997, search and seizure operations were carried out by the officers of the Income Tax Department at the business premises of M/s H.P. Dhanuka Plastic Chem. Pvt. Ltd., M.I. Road, Jaipur, and the residential premises of Plot No. 361, Mahaveer Nagar, Tonk Road, Jaipur, as also at the residential premises of Shri Prem Kumar Gupta, an associate of the appellant, various documents and valuables in the form of cash, foreign exchange, silver and gold jewellery were found and seized during the search operations. As a result of search and seizure, the tax liability of Rs. 3.42 crores was raised vide assessment order, dated 29-1-1999. This was an ex parte assessment under section 144 of the Act computing the total undisclosed income of Rs. 4,25,66,587. The appellant preferred an appeal before the Commiss...
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Reported in : AIR1960Raj256
Sarjoo Prosad, C.J.1. This Special Bench was constituted on a reference made to me by a Division Bench of this Court presided over by Modi and Bhandari JJ. As the order of reference shows, the learned Judges were 'not agreed on the proper interpretation to be put on Article 295(2) of the Constitution in view of the opinions expressed' in their respective judgments. They, however, were pleased to formulate the point of reference as follows :'Whether the expression 'Government of the corresponding Indian State' used in Article 295(2) of the Constitution with reference to Rajasthan properly means the Government of the United State of Rajasthan which was the only Indian State in existence at the time of the commencement of the Constitution Or it also includes the Government of any of the Covenanting States which had integrated with the United State before the Constitution came into operation? 'Having had the benefit of perusing the judgments of the learned Judges making the reference and t...
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Reported in : RLW2006(3)Raj2424; 2006(4)WLC515
N.N. Mathur, J.1. Petitioners Prakash Chaturvedi and Bhopal Chand Mehta by way of instant writ petition under the label of 'Public Interest Litigation' have challenged the validity of Rajasthan Private Universities Act. 2005, hereinafter referred to as 'the Rajasthan Act'. It is submitted that the Act of 2005 is liable to be quashed in view of the judgment of the Hon'ble Supreme Court rendered in Professor Yashpal v. State of Chattisgarh : AIR2005SC2026 , which more or less fully applies to the instant case. It is averred that in Prof Yashpal's case, Chhatisgarh Niji Kshetra Vishwavid-hyalaya (Sthapana Anr. Viniyaman) Adhiniyam 2002, hereinafter referred-to as 'the Chhatisgarh Act', has been struck down by the Hon'ble Supreme Court. The Rajasthan Act, for all practical purposes except some chances, is substantially similar to the Chhatisgarh Act. Petitioners have also challenged the validity of the impugned Act of 2005 on the ground of non-competence of Rajasthan State Legislative Asse...
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