Court : Rajasthan
Decided on : Sep-09-1997
Reported in : AIR1998Raj77; 1998WLC(Raj)UC41
..... himself has to deposit the security money in the name of the election petitioner himself. the learned advocate is excluded from exercisingany function either in the act of depositing security money or in presenting the election petition because the action by way of deposit of the security money precedes even the presentation of the ..... with, the election petition was liable to be dismissed. the learned advocaate for the writ petitioner-appellant also focused our attention to section 38 of the act for the purpose of highlighting the contents of the election petition specially with regard to the provisions of signing the petition and verification thereof including signing ..... the election petition. 3. it was contended in the first place by the learned advocate appearing forthe writ petitioner appellant that the learned district judge acting as the election tribunal has not considered the important aspect of the matter that the deposit has not been made by the election-petitioners jethmal and .....
Tag this Judgment!Court : Rajasthan
Decided on : Sep-09-1997
Reported in : AIR1998Raj54; 1998(1)WLC370; 1997(2)WLN441
..... state govt., university, or in any school, college or other educational body aided by the central govt. or any state govt.6. under the act the national council for teacher education was established and vested with statutory authority for 'achieving planned and coordinated development of the teacher education system throughout the ..... the govt. of india in the department dealing with education ex officio; the chairman, university grants commission established under section 4 of the university grants commission act, 1956 or a member thereof nominated by him, ex-officio;the director, national council of educational research and training, ex-officio; the director, national ..... the country, the regulation and proper maintenance of norms and standards in the teacher education system and for matters connected therewith. section 3 of the act provides for establishment of the council by the central govt. by notification in the official gazette. the national council for teacher education shall consist .....
Tag this Judgment!Court : Rajasthan
Decided on : Sep-08-1997
Reported in : 1998CriLJ512
G.L. Gupta, J.1. This appeal is directed against the judgment dated 4-4-1981 passed by the learned Sessions Judge, Churu in Sessions Case No. 13/ 79 whereby he convicted the appellants as follows :-Ladu Ram & Under Section 148, IPC 6 months' R.I.Rawat Ram Under Section 342, IPC 1 month's S.I.Under Section 302 read Imprisonment with Section 149, IPC for life Tiku Ram, Under Section 147, IPC 6 months' R.I.Bhika Ram Under Section 342, IPC month's S.I.s/o Ram- Under Section 302 read Imprisonment eshwar Bhera, with Section 149, IPC for life Mala Ram & Bhika Ram2. The prosecution case, unfolded in the statement of Sharvan dated 7-12-1978, was that his father Phoosaram was returning from their field to his house, and he was following him at a distance of 50 'Pavandas'. As his father reached in front of the door of the house of Rameshwar Jat Bhika, Tiku, Rawat Ram and Ladu Ram came out of the house, and caught hold of his father and took him dragging in the 'Pol' where Bhera, Bhika and Mala Ra...
Tag this Judgment!Court : Rajasthan
Decided on : Sep-03-1997
Reported in : 1998CriLJ597; 1997(2)WLN301
ORDERAmaresh Ku. Singh, J.1. Heard the learned counsel for the petitioner, the learned counsel for non-petitioners Nos. 2 to 6 and the learned Public Prosecutor appearing for the non-petitioner No. 1. Non-petitioner No. 7 does-not appear to have been served, because as per office report, his summon has not been received after service. The learned counsel for the petitioner as well as the learned Public Presecutor submits that it is not necessary to serve notice on non-petitioner No. 7., because the process has not been issued against him by the learned Judicial Magistrate under Section 204 Cr.P.C. and it is well established that unless process has issued under Section 204, Cr.P.C. against any person, he has no right to be represented before a Court. The proviso given in Section 398, Cr.P.C. applies to those persons, who have been discharged of an offence by the Lower Court. This proviso has no application to the cases of those persons, who were neither arrested by the police nor agains...
Tag this Judgment!Court : Rajasthan
Decided on : Sep-02-1997
Reported in : 1998CriLJ970
..... read with section 7 of the act, on denial of the charges, completed trial and, lastly, vide his impugned judgment and order dated 27-3-85 held the petitioner liable for commission of ..... , lastly, a complaint under section 3/7 of the act was filed in the court of chief judicial magistrate, dungarpur who, while charging the petitioner and purushottam, with the commission of offences punishable under section 3 ..... the price list to be exhibited as per rules in contravention of the relevant provisions of the rules under various orders issued under section 3 of the said act. accordingly, ex. p-23 checking memo was prepared which was duly signed by purushottam, incharge of the business premises and, after thorough enquiry and investigation .....
Tag this Judgment!Court : Rajasthan
Decided on : Sep-02-1997
Reported in : 1998CriLJ718
..... on the basis of conspiracy. professional rivalry can be a presumptive evidence of the bad relations between the two but it cannot be the motive for indulging in such voilent acts. charges have been framed against the petitioner only on the basis of the strong suspicion. a suspicion may be strong but it cannot furnish even prima facie evidence for framing .....
Tag this Judgment!Court : Rajasthan
Decided on : Aug-29-1997
Reported in : 1998CriLJ1729
G.L. Gupta, J.1. Through these appeals-- represented appeal and jail appeal Jan Mohd. has called in question his conviction under Section 302, IPC recorded by the learned Additional Sessions Judge, Bikaner vide judgment dt. 29-4-1994.2. The prosecution case can be summarised as follows. Asha (14 years) d/o Prabhu Dayal had accompanied Hemant Kumar (P.W. I) and his wife Ranjulata (P.W. 8) who are neighbours of Prabhu Dayal, to the temple on 2-4-91 in the evening. When they were returning to their homes and passing by the side of Sursagar pond, all of a sudden accused Jan Mohd. bounced on Asha and jumped into the Sursagar pond along with the girl. He took Asha in deep waters. Hemant Kumar who was taken by surprise jumped into the pond. However, he could not move further because of thick mud. Some people collected there, and the police also reached there. With the help of lights of vehicles a search was made in the water. Asha when taken out was found dead. Accused was unconscious. The F....
Tag this Judgment!Court : Rajasthan
Decided on : Aug-29-1997
Reported in : 1998CriLJ452
G.L. Gupta, J.1. Through this appeal under Section 378, Cr.P.C., the State of Rajasthan has questioned the acquittal of the respondents Kishanlal and Mst. Poora (now dead) by the Addl. Sessions Judge, Hanumangarh, vide judgment dated 1-4-83.2. The facts of the case are that Sulochana, daughter of Chandulal (PW1) was married to Kishanlal respondent No. 1 on 17-7-75. There arose some dispute between Chandulal and father of respondent Kishanlal regarding the amount paid in the marriage. The prosecution case is that Kishanlal (husband), Poora (mother-in-law) Banwarilal (father-in-law and Om Prakash (brother-in-law) continuously pressurized Sulochana to bring Rs. 5,100 from her father. The prosecution case further is that on 12-9-76 Sulochna was given beatings by her husband Kishanlal. He took all her ornaments and threatened her that she would be killed. In the night at about 1 a.m. when Sulochna was sleeping with her mother-in-law. Poora, the accused persons poured kerosene oil on her and...
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 : Aug-28-1997
Reported in : 1998CriLJ986
ORDERMohd. Yamin, J.1. This is a petition under Section 482, Cr. P. C. against the order of learned Additional Sessions Judge, Bali, in Cr. Revision No. 35/91 decided on 30-1-1992 by which he confirmed the order of learned ACM, Desuri in Cr. Case No. 20/89 decided on 19-8-1991.2. The allegations are that on 11-7 89 petitioner Narsingh moved an application under Sections 145, 146, Cr. P. C. before the Assistant Collector and Executive Magistrate, Bali camp Desuri, against Hari Singh, Gamana, Naring, Uda and Lada in relation to agricultural land bearing old Khasra Nos. 47 and 47/1. The new numbers of the said land are 73,75,76,77 arid 78. The old Khasra No. 47 was of 34 bighas and 5 biswas and 47/1 was well wherefrom the Khasra No. 47 was being irrigated. In the aforesaid land, petitioner had 1/4 share; Hari Singh had 1/4 share and the rest of 1 /4 share was of non-petitioners. The petitioner in the aforesaid application averred that the division of the land had taken place between khate...
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