Court : Rajasthan
Decided on : Oct-29-1990
Reported in : AIR1991Raj72; 1990(2)WLN289
..... page 1396, 'publication' means 'to make public, to make known to people in general; to bring before public; to exhibit; to display, disclose or reveal. the act of publishing anything; offering it to public notice, or rendering it accessible to public scrutity advising of public; making known of something to them for a purpose; as descriptive ..... said to have been published. the manner in which the government press of the state government has ante-dated the gazette notification leave much to be desired. the acts made by the legislature, or rules, regulations, bye-laws etc., which are subordinate legislations enacted by the state government and its agencies affect great number of ..... ) rules, 1990 is quashed. it is declared that these rules have not been made in accordance with the requirements of section 5(1) of the rajasthan fisheries act, 1953. the notice, annexure-4 dated 20-9-1990 is also quashed. the respondents would be free to make amendment in the rajasthan fisheries rules afresh, in .....
Tag this Judgment!Court : Rajasthan
Decided on : Jan-05-1990
Reported in : 1990(2)WLN197
..... nagore and who is not his appointing authority and, therefore, it is not clear to whom the appeal can be made section 310 of the rajasthan municipalities act, 1959 deals with conditions of service of subordinate officers, ministerial establishment and other servants. section 310(3) provides that all persons appointed under sub-section ..... this writ petition deserves to be dismissed, it was also submitted that the government of rajasthan had issued notification under section 293a of the rajasthan municipalities act. when the writ petition was originally filed, no challenge was made to the authority and title of the office of the answering respondent. the ..... as no notification has been issued appointing shri bhanwarlal as administrator of the respondent municipal board as provided by 8. 293-a of the rajasthan municipalities act, 1959. consequently, the amendment application was allowed and the writ petition was amended accordingly. thereafter, a reply to the amended writ petition was filed .....
Tag this Judgment!Court : Rajasthan
Decided on : Jan-11-1990
Reported in : 1990(2)WLN122
..... 304-ii, ipc is also not made out. if a person commits culpable homicide not amounting to murder shall be punished with imprisonment under section 304-ii, ipc if the act is done with the knowledge that it is likely to cause death, but without any intention to cause death, or to cause such bodily injury at is likely to cause .....
Tag this Judgment!Court : Rajasthan
Decided on : Jan-12-1990
Reported in : 1992CriLJ1401; 1990(1)WLN136; 1990(1)WLN300; 1990(1)WLN44
N.C. Kochhar, J.1. The appellants were prosecuted in case FIR No. 80 of Police Station, Alwar Gate, Ajmer and were convicted under Section 366, IPC, vide judgment dated 5-7-82 passed a the learned Additional Sessions Judge, Ajmer, who vide order dated 8th July, 1982, gave benefit of Probation to appellant Rajendra, but sentenced each of the three remaining appellants to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs. 250/- or in default of payment of fine to undergo rigorous imprisonment for a further period of three months. The prosecution story, in short, was as under :--P. W. 6 Madhu was a minor, living with her father PW 1 Ramchandra and on the evening of 18-1-80. She came out of her house, when appellants Rajendra Girdhari and Gopal took her to a three wheeler Scooter standing nearby, in which appellant Mahendra was already sitting. Madhu was taken to the house of Gopal, from where she was taken in a car to Beawar and from Beawar, she was taken i...
Tag this Judgment!Court : Rajasthan
Decided on : Jan-15-1990
Reported in : 1990(2)WLN107
S.S. Byas, J.1. In this petition under Article 226 of the Constitution, the petitioner prays for directions to the respondents to grant him a mining lease for sand stone in Budhpura District Bundi.2. Material facts stated in brief are that the petitioner applied for grant of a mining lease to him, which was granted on 25-8-1982. The lease was subsequently cancelled on 20-9 1983 on the ground of over-laping of the area. The petitioner challenged this action of the respondents by a writ petition in this Court. On 11-12-1984, the writ petition was dismissed as having become infructuous How ever the learned Counsel for the respondents gave a assurance to the petitioner in the court that every effort will be made to grant him lease in the region desired by him, if the mining area was available for allotmen, The order of this Court is Annexure-1. Subsequently, the petitioner submitted application Annexure-2 on 12-2-1985 along with the plan Annexure 2/A and prayed for the grant of the mining ...
Tag this Judgment!Court : Rajasthan
Decided on : Jan-19-1990
Reported in : 1991ACJ162; 1990(2)WLN495
..... rajasthan), rajasthan state road trans. corporation v. kistoori devi 1986 acj 960 (rajasthan), jyotsna dey v. state of assam 1987 acj 172 (sc) and sohan lal v. bal swaroop bal bhatnagar 1987 acj 113 (rajasthan).4. in reply, it has been contended by the learned counsel for the national insurance company ltd., respondent no. 4, that the sons and ..... . 10,000/-(4) pain and suffering rs. 5,000/-______________total rs. 1,47,400/-the claimants have already obtained rs. 15,000/- under section 92-a of the act there remains rs. 1,32,400/-.17. consequently, the appeal is partly allowed. the amount of compensation is enhanced from rs. 70,000/- to rs. 1,47,400 ..... . despite best efforts of the doctors, he could not be saved and died on december 29,1984. the appellants filed a petition under section 110-a of the act claiming rs. 4,00,000/- as compensation. the respondents filed their written statements traversing all the allegations of the claim petition. after framing necessary issues and recording the .....
Tag this Judgment!Court : Rajasthan
Decided on : Jan-29-1990
Reported in : 1990(2)WLN34
..... to jail.11. in the result, the conviction awarded to the accused appellants is maintained on all count. however, the benefit of section 4 of the probation of offenders act, is extended in their favour and the sentences awarded to them is set-aside. all the accused persons are on bail and their sentence have been suspended. it is ..... only one injury. taking conspicuous picture of the case of accused kailash, i am of the view that the benefit of section 4 of the probation of offenders act, should be extended in his favour.10. the other accused appellants namely yogesh and satyendra have been convicted for the offence under section 304 part ii read with ..... 7. mr. mehrish, learned counsel for the appellants further argued that conviction may be maintained but looking to the age of the accused the benefit of probation of offenders act, should be extended in favour of the accused appellants as they are below 21 years of age. he has also invited my attention the statements recorded under section 313 .....
Tag this Judgment!Court : Rajasthan
Decided on : Feb-01-1990
Reported in : 1990(2)WLN11
..... , though there is no escape from coming to the conclusion that it were the accused who had the common intention to beat e deceased ram prasad and chestising for the act of his using filthy words to vijay singh who was all alone in the field at that point of time. in our opinion constructive liability under section 34, ipc can .....
Tag this Judgment!Court : Rajasthan
Decided on : Feb-02-1990
Reported in : 1990(2)WLN43
M.B. Sharma, J.1. The main and important question in this revision petition which is directed against the order dated 14th Sept, 1989 of the learned Sub-Divisional Magistrate, Hindaun, is as, to whether in proceedings Under Section 147 Cr. PC any interim order can'be made?2. Mewasi and others filed) an application Under Section 145 Cr. PC in the court of learned SDM, Hindaun where in it was stated that in village Dhandhawali there is a public pond in Khasra No. 893, present No. 1002 measuring two hactrea and since time immemorial the catties of the village were drinking water from the pond The non-petitioners (petitioner complainants) wanted to cultivate their fields from that pond and wanted to obstruct the cattle from drinking water. In safeguarding the pond, the petitioner wanted to make a wall around that pond. It was stated that in case the non-petitioners (petitioner here in) were successful in taking possession of the pond then the cattle of the villgge will be deprived of takin...
Tag this Judgment!Court : Rajasthan
Decided on : Feb-02-1990
Reported in : 1990(2)WLN80
..... extent of 0.069 per cent w/v ethyl alcohol. this concentration was in excess of the concentration mentioned in section 65(2) of the bombay prohibition act it was observed that the prosecution has established that the specimen examined by the chemical examiner by the specimen blood of the appellant and that the specimen disclosed ..... complaint was filed by the excise inspector against the respondent. the respondent was charged for the offence under section 16 read with section 54 of the rajasthan excise act and after trial, the addl. munsif-cum-judtcial magistrate, beawar acquitted the respondent solely on the ground that the excise inspector in his statement bad not deposed ..... ladu, respondent, by the addl judicial magistrate, beawar by his judgment dated january 13,1982 for offence under section 14-read with section 54 of the rajasthan excise act, 1950.2. facs of the case are that shanti g. timetwar was excise inspector beawar and, on july 11, 1972 he along with excexise preventive force .....
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