Court : Rajasthan
Decided on : Apr-11-1997
Reported in : 1997CriLJ2722
G.L. Gupta, J.1. Though this appeal Balak Nath @ Girdharidas has challenged his conviction Under Section 302, I.P.C. and sentence of imprisonment for life recorded by the learned Additional Sessions Judge, Sirohi vide his judgment dated 26-11-1982.2. The unfortunate case relates to an occurrence which took place in Aug. 1980 in which Laxmi (35) lost her life. The facts of the case are typical. It is said that accused lived in village Pomava in the temple of Lord Shiva. People believed that he could cure the diseases by 'Mantras' or witchcraft. It is said that on 15th August. 1980 somebody threw five lemons in the house of Kera, After the lemons were seen in the house, all the five occupants Kera, Laxmi, Gamni, Sesia and Ramiya felt uneasiness. After about one hour, a lump of earth was also noticed by Kera in his house. On this all the five family members started moving to and fro tossing their heads and they continued to shout the names of Gods. After some time when they felt better, t...
Tag this Judgment!Court : Rajasthan
Decided on : Feb-03-1997
Reported in : AIR1997Raj134; 1997(2)WLC430; 1997(1)WLN432
R.R. Yadav, J. 1. This is defendants' second appeal filed by the Urban Improvement Trust, Jodhpur as well as Tehsildar, Urban Improvement Trust, Jodhpur against the judgment and decree dated 8-12-1995 passed by the learned Additional District Judge, No. 3, Jodhpur in Civil Appeal No. 24 of 1994 whereby he refused to condone the delay under Section 5 of the Indian Limitation Act and dismissed the appeal on the ground of limitation. 2. Brief facts necessary for disposal of the instant second appeal are that plaintiff-respondent Poonam Chand filed a Civil Suit No. 138/94 for permanent injunction over the disputed land measuring 6825 Square Yards situated in city of Jodhpur. The aforesaid suit was decreed by the learned trial Court on 12-9-94 but as the counsel engaged on behalf of the defendant-appellants did not inform about the judgment and decree dated 12-9-94 passed by the learned trial Court, therefore, an appeal could not be filed by the defendant-appellants within limitation. 3. Af...
Tag this Judgment!Court : Rajasthan
Decided on : Jan-16-1997
Reported in : 1997(2)WLC309; 1997(1)WLN110
P.C. Jain, J.1. The appellants have filed this appeal under Section 39 of the Arbitration Act (for short the Act') read with Section 96 C.P.C. against the judgment and decree dated 17.4.1996 passed by the learned District Judge, Jaisalmer in civil suit no 5/92.2. The facts relevant for the disposal of this appeal may be stated as follows. The Supdt. Engineer, IGNP, Jaisalmer Circle invited tenders on 2.2.1987 for manufacture and supply of 250 lacs pucca clay tiles of the size 30 cm. x 15 cm x 5 cm. manufactured by hydraulic compression. The estimate cost of the work was Rs. 1.5 crore and the period of completion was 3 years. The earnest money to be deposited was Rs. 3 lacs. The tender of the respondent was approved by the Secretary and conveyed to the respondent through the Addl. Chief Engineer, IGNP, Jaisalmer on 24.8.1987. The work order was given by the Executive Engineer, IGNP, 29th Div., Jaisalmer on 29.10.1987. Agreement No. 21 of 1987-88 was executed. The stipulated period of co...
Tag this Judgment!Court : Rajasthan
Decided on : Oct-24-1997
Reported in : 1998(1)WLN389
V.S. Kokje, J.1. The petitioner who was the official candidate of the Indian National Congress in the last assembly elections held in the year 1993 from the Parbatsar Assembly Constituency No. 197 of the Rajasthan Legislative Assembly has challenged the election of respondent No. 1 who was the official candidate of the Bhartiya Janta Party at that election.2. The election petition raised three grounds for setting aside the election. Firstly it was alleged that the election of respondent No. 1 was liable to be declared void on account of improper acceptance of nomination paper of respondent No. 1 on account of which result of the election was materially affected. Secondly, it was alleged that the election of respondent No. 1 was materially affected on account of improper rejection of votes of the petitioner and improper inclusion of votes cast in favour of the petitioner in the number of votes cast in favour of respondents No. 1 and 2, Thirdly, it was alleged that the election of respon...
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