Court : Rajasthan
Decided on : Jul-28-1997
Reported in : 1998CriLJ1608
..... sexual intercourse on smt. santosh and because of immediate appearance of the prosecution witnesses and the appellant having been assaulted and threatened before he could accomplish the act of sexual intercourse, he was forced to make ' good his escape from the scene of occurrence but the learned amicus curiae has submitted that the evidence ..... attract punishment under section 376 i.p.c. would have been complete but, any how, the prosecution case also does not claim that there was any completed act of commission of sexual intercourse and, therefore, there was no offence of rape having been committed against kum. santosh.19. however, the prosecution allegations and consequential ..... seduce kum. santosh to sexual intercourse but, because of intervention of madan lal, kum. santosh and badri lal, he could not succeed in completing the act of sexual intercourse and, apprehending his arrest at the hands of these witnesses, he immediately made good his escape from the place of occurrence and, in the .....
Tag this Judgment!Court : Rajasthan
Decided on : Dec-11-1997
Reported in : AIR1998Raj186; 1998(2)WLC256; 1998(1)WLN560
ORDER B.S. Chauhan, J. 1. This review petition has been filed by the applicant Uda Ram against the judgment and order dated 21-8-1997 passed in the S. B. Civil Writ Petition No. 311/1989 on the ground that the relief claimed by him in the writ petition had not been considered as the petitioner had claimed the benefit not only of regularisation but also challenged the order dated 20-1-1989 by which the services of the petitioner on ad hoc basis had been terminated and he also claimed the benefit of the provisions of Article 39(d) of the Constitution of India. 2. None is present for the applicant-petitioner. Heard Mr. N. M. Lodha and Mr. M. S. Singhvi, learned counsel for the respondents. 3. The said judgment and order dated 21-8-97 was passed after hearing Mr. R. S. Saluja, learned counsel for the applicant petitioner and it was disposed of in terms of the judgment passed by this Court earlier in other connected writ petition. It has been pointed out by Mr. Lodha that the relief claime...
Tag this Judgment!Court : Rajasthan
Decided on : Apr-11-1997
Reported in : 1997CriLJ2722
..... come from different comunties do not stand by the prosecution version goes to show that the case is based on a concocted story and accused did not commit any act wihch was responsible for the death of laxmi. the learned sessions judge has obviously erred in convicting the accused.24. consequenlty, we accept the appeal, set aside ..... did not request the villagers to help him in getting his wife released. his this explanation that he continued to be labouring under the impression that by such acts his wife would become alright can hardly be believed. one can understand that villagers do believe in witchcraft and exorcism. however, on seeing the accused practising witchcraft ..... learned public prosecutor and amicus curiae of the accused. he held that laxmi had met homicidal death. he further held that the accused had tortured laxmi and his act was imminently dangerous which in all prohibitilily was likely to cause death, he, hoever did not find proved charges under sections 325 and 323, i.p.c. .....
Tag this Judgment!Court : Rajasthan
Decided on : Feb-03-1997
Reported in : 1997CriLJ1430; 1997WLC(Raj)UC644
..... and resistance which could have automatically, if it is believed, attracted presence of the neighbouring witnesses. this could not have afforded enough time to the accused to have accomplished the act of commission of sexual intercourse with smt. gutki before the witnesses reached the place of occurrence. smt. gutki also did not try to catch hold of and snatching 'dhoti' ..... in ex. d. 3 police statement previously that he heard the cries from a distance of 30 paces which enabled him to reach the place of occurrence to witness the acts so committed by the accused with smt. gutki. he previously stated that smt. gutki was left at a distance of about 10 paces from her house and he returned ..... 447, i.p.c. as regards offence punishable under section 447, i.p.c, there is not an iota of evidence showing that the alleged place whereat the alleged act of commission of sexual intercourse amounting to rape was committed, was a part of the field of gheesa ram. on the other hand p.w. 9 ram gopal who .....
Tag this Judgment!Court : Rajasthan
Decided on : Oct-01-1997
Reported in : AIR1998Raj73
ORDERA.S. Godara, J. 1. This Civil Revision Petition has been filed against the appellate order dated 10-9-1997 passed by the Addl. District Judge No. 2, Bikaner in C.M.A. No. 109/96 thereby dismissing the appeal of the plaintiff-petitioners and affirming order dated 17-8-1994 passed by the Civil Judge (JD), Bikaner, who had disallowed application for temporary injunction filed by the appellant-petitioners. 2. Briefly stated, the facts giving rise to the present petition arc as follows : The plaintiff-petitioners filed a suit for permanent injunction in the trial Court and so also moved an application for temporary injunction with a prayer that the defendant-respondent be restrained from interfering with the possession of the petitioners by way of dispossing them from the suit premises which are five shops described as 19-G, 19-H, 19-I, 19-J and 19-K situated near the Jassu Gate, Bikaner. Besides, it may also be mentioned that plaintiffs' case is that plot of land measuring 10 x 100 ft...
Tag this Judgment!Court : Rajasthan
Decided on : May-08-1997
Reported in : 1997CriLJ3372
..... rameshwar and that it is also proved that this injury was caused when the deceased expressed his desire to go to the police station to lodge a report against the act of carrying the crop from the field which he claimed to be in his possession. the object of causing injury to the deceased was of preventing him from going to ..... inflicted a lathi injury on the deceased. badri das deserves to be acquitted of the charge under section 302 read with 34,i.p.c.35. so far as the act of rameshwar is concerned, he was armed with a spear. he inflicted one single injury on the stomach of the deceased. the prosecution has failed to prove that rameshwar had .....
Tag this Judgment!Court : Rajasthan
Decided on : Aug-29-1997
Reported in : 1998(1)WLC435; 1997(2)WLN306
..... respondents.4. shri lal has raised a preliminary objection that the petitioner has filed the instant petition without availing the remedy of appeal under section 26 of the act, 1950.5. the petitioner filed this petition against the order of termination without exhausting the statutory remedy. it is settled law that this court can exercise ..... knowingly and purposely, first to gain the employment and second time for remaining in service.9. shri gaur refers to the provisions of section 13 of the act, which provides for procedure before enrolling officer. the said provision requires that an enrolling officer shall read and explain the person or cause to be. read and ..... case is based on falsehood has no right to approach the court.14. chief justice adward coke of england observed three centuries ago as under:fraud avoids all judicial acts eccesiastical or temporal(quoted in s. p. chengalvaraya naidu). (supra)15. similarly lord denning in lazarus estate limited v. beasley (1956) all er 341 (345) .....
Tag this Judgment!Court : Rajasthan
Decided on : Nov-19-1997
Reported in : 1998(1)WLC646; 1997(2)WLN675
..... person belonging to disciplined 'force requires special considerations. it cannot be examined like a civil case, where various other laws of various statutes e.g. evidence act, code of civil procedure or code of criminal procedure or principles of natural justice or provisions of article 311 of the constitution are applicable. the issue of ..... rights under the constitution, rather they are entitled to benefits of the liberal spirit of the constitution. the court observed as under:persons subject to army act are citizen of this ancient land having a feeling of belonging to the civilized community governed by the liberty oriented constitution. personal liberty makes for the worth ..... . however, if by holding them to be mandatory, serious general inconvenience is caused to innocent persons or general public, without very much furthering the object of the act, the same would be construed as directory.9. thus before the term 'shall' is given the meaning as 'may', the court is required to give an .....
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