Rajasthan Jodhpur Court December 2012 Judgments
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Oil and Natural Gas Corpn. Ltd Vs. State (Finance) and ors
Court: Rajasthan Jodhpur
Decided on: Dec-19-2012
D.B. CIVIL WRIT PETITION NO. 985/2012. Oil & Natural Gas Corporation Ltd. Vs. State & Ors. // 1 // 2 D.B. CIVIL WRIT PETITION NO. 985/2012. Oil & Natural Gas Corporation Ltd. Vs. State of Rajasthan & Ors. .. Date of Order ::19. h December 2012. HON'BLE MR. JUSTICE DINESH MAHESHWARI HON'BLE MRS. JUSTICE NISHA GUPTA Mr. Vineet Dave, for the petitioner. Mr. K.K. Bissa, Govt. Counsel, for the respondents. BY THE COURT: The learned counsel for the parties submit that the issues sought to be raised in this writ petition stand concluded in this Court in the decision rendered on 09.11.2012 in a batch of petitions led by D.B. Civil Writ Petition No.9994/2010 : Hindustan Zinc Limited Vs. State of Rajasthan & Ors. wherein a co-ordinate Bench has rejected the challenge to the vires of the provisions of Sections 38(c) and 39 of the Rajasthan Finance Act, 2006 and Rule 24 of the Rajasthan Land Tax Rules, 2006; and has dismissed the writ petitions while extending the liberty to the writ petitioners ...
Anuradha and anr Vs. State and ors
Court: Rajasthan Jodhpur
Decided on: Dec-19-2012
1 83 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B.CRIMINAL MISC. PETITION NO.2960/2012 Anuradha & Anr. Vs. State of Rajasthan & Ors. Date of Order ::19. 12.2012 HONBLE MS.JUSTICE NIRMALJIT KAUR Mr.Sanjay Nahar, for the petitioners. Mr.Kamlesh Rawal, PP for the State. Nirmaljit Kaur, J.(Oral): This is criminal misc. petition under Section 482 of the Cr.P.C. seeking fair investigation and direction to the Investigating Agency not to harass the petitioners in connection with FIR No.152/2012 registered at Police Station Kelwa, District Rajsamand for offence under Section 363 & 366 of the I.P.C. The respondent No.5 filed a complaint against the three person on 6.8.2012. On this complaint, an FIR No152/2012 was registered at Police Station Kelwa on 18.08.2012. As per the complainant, her daughter Kumari Aarti who is minor, was at the house of his brother-in-law Kailash in the summer vacation of 2012. On 21.06.2012, his daughter was found missing in the night at around 3:30 PM...
Rajesh Purohit @ Bholiya Vs. State
Court: Rajasthan Jodhpur
Decided on: Dec-15-2012
1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR ORDER S.B.CRL. MISC. BAIL APPLICATION NO. 7770/2012 Rajesh Purohit @ Bholiya Vs. State of Raj. Date of order :15. h December, 2012 HON'BLE SHRI SANDEEP MEHTA, J.Mr. N.K.Bohra, for the petitioner. Mr. Anil Joshi,P.P. REPORTABLE Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the case diary. The instant bail application has been filed under Section 439 Cr.P.C. by the petitioner Rajesh Purohit @ Bholiya s/o Late Rameshchandra Goriya who has been arrested in C.R. No. 59/2012 registered at Police Station Khanda Falsa, Jodhpur for the offences under Sections 274, 275, 276, 420, 120-B I.P.C. and 103, 104 Trade Mark Act and Section 17-B & 27 Drugs & Cosmetics Act. Succinctly stated the facts of the case are that the S.H.O. P.S. Khanda Falsa, Jodhpur as well as the Drug Control Officer, Jodhpur received a source information regarding the 2 transaction of spurious Mero-CD, Merosul(Meropenam) injections. T...
State and ors Vs. Hari Prasad and ors
Court: Rajasthan Jodhpur
Decided on: Dec-15-2012
(1) IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR ORDER S.B. CIVIL WRIT PETITION NO.3254/2000 State of Rajasthan & Anr. Versus Hari Prasad & Anr. Date of Order :15. 12.2012 PRESENT HON'BLE MR. JUSTICE GOVIND MATHUR Mr. Vimal Mathur for the petitioners Mr. Chaitanya Gahlot for the respondent No.1 BY THE COURT : This matter came up for orders on an application preferred by the respondent-workman to get early hearing of the writ petition. With the consent of the parties, the writ petition is heard today itself. In brief, the facts of the case are that the appropriate government under a notification dated 31.07.1995 referred an industrial dispute for its adjudication to the Labour Court, Bikaner in the terms that Whether termination of workman Shri Hari Prasad S/o Shri Purnachand by employer the Assistant Engineer, Public Health Engineering Department, Gharsana, (2) District Sriganganagar with effect from 15.10.1992 is valid and proper If not, then for what relief the workman is...
Krishna Lal and ors Vs. State of Raj. and ors
Court: Rajasthan Jodhpur
Decided on: Dec-15-2012
{1} DB SPECIAL APPEAL(WRIT) 891/2012 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR JUDGMENT D.B. SPECIAL APPEAL(WRIT) NO.891/2012 IN S.B. CIVIL WRIT PETITION NO.8396/2012 KRISHNA LAL & ORS. Vs. STATE OF RAJASTHAN & ORS. DATE:15.12.2012 HON'BLE THE ACTING CHIEF JUSTICE MR.NARENDRA KUMAR JAIN HON'BLE MR. JUSTICE R.S. CHAUHAN Mr. C.S. Kotwani, for the appellants. **** Learned counsel for appellants submitted that certain submissions, which were made before the Single Bench, were not referred, considered and decided, therefore, he may be permitted to withdraw this special appeal with liberty to file review petition before the Single Bench.2. He also submitted that since appeal has been filed within time and now there may be some delay in filing review petition, therefore, a liberty may be granted to file review petition in particular time and the same may be treated as in time and may be disposed off, on merits.3. After considering the submissions of the learned counsel for appe...
Gotu S/O Late Shri Both Lal Vs. the Board of Revenue and ors
Court: Rajasthan Jodhpur
Decided on: Dec-15-2012
1 D.B. CIVIL SPECIAL APPEAL NO. 981/2012 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR JUDGMENT D.B. CIVIL SPECIAL APPEAL NO. 981/2012 IN S.B. CIVIL WRIT PETITION NO. 2597/2004 GOTU VS. THE BOARD OF REVENUE & OTHERS. DATE OF JUDGMENT :15. 12.2012 HON'BLE THE ACTING CHIEF JUSTICE MR. NARENDRA KUMAR JAIN HON'BLE MR. JUSTICE R.S. CHAUHAN Mr. Manish Patel, for the appellant. BY THE COURT: Heard learned counsel for the appellant.2. This intra Court appeal has been preferred before Division Bench of this Court on 21st November, 2012, against order dated 5th July, 2004 passed by the Single Bench.3. Registry has pointed out that appeal is barred by 3001 days. Initially, application under Section 5 of the Limitation Act was not filed by the appellant. However, it was filed subsequently, wherein, the appellant has tried to explain the delay stating that he is about 79 years of age. He was not informed by his counsel about dismissal of 2 D.B. CIVIL SPECIAL APPEAL NO. 981/2012 the writ ...
All Rajasthan Gypsum Plaster Indus. Ass Vs. State and ors
Court: Rajasthan Jodhpur
Decided on: Dec-15-2012
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR O R D E R D.B. CIVIL WRIT PETITION NO.3226/2007 ALL RAJASTHAN GYPSUM PLASTER INDUSTRIES ASSOCIATION, BIKANER Vs. STATE OF RAJASTHAN & ORS. DATE:15.12.2012 HON'BLE THE ACTING CHIEF JUSTICE MR.NARENDRA KUMAR JAIN HON'BLE MR. JUSTICE R.S. CHAUHAN Mr. Ram Rakh Vyas, for the petitioner. Mr. R.K. Soni, Additional Government Counsel, for the respondents. **** Learned counsel for petitioner submitted that rules, which are under challenge, have already been amended and he has already preferred a fresh writ petition, challenging the validity of the rules, therefore, present writ petition has become infructuous. In view of statement of learned counsel for the petitioner, the writ petition is dismissed as having become infructuous. (R.S. CHAUHAN),J.(NARENDRA KUMAR JAIN),Actg.C.J./KKC/ All corrections made in the judgment/order have been incorporated in the judgment/order being emailed. KAMLESH KUMAR P.A....
Municipal Council, Bhilwara Vs. Om Prakash and ors
Court: Rajasthan Jodhpur
Decided on: Dec-15-2012
{1} DB SPECIAL APPEAL(WRIT) 606/2012 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR JUDGMENT D.B. SPECIAL APPEAL(WRIT) NO.606/2012 IN S.B. CIVIL WRIT PETITION NO.978/1997 THE MUNICIPAL COUNCIL, BHILWARA Vs. OMPRAKASH & ORS. DATE:15.12.2012 HON'BLE THE ACTING CHIEF JUSTICE MR.NARENDRA KUMAR JAIN HON'BLE MR. JUSTICE R.S. CHAUHAN Mr. Rajat Dave, for the appellant. **** This intra-Court appeal is directed against the impugned order of the Single Bench dated 04.05.2010, whereby writ petition of writ-petitioners, has been allowed with a direction to respondents to give regular pay scale to writ-petitioners from the year 1993, from the respective date their juniors were given the regular pay scale.2. There is delay of 648 days in filing the special appeal. Counsel for the appellant has filed an application under Section 5 of the Limitation Act, wherein he has tried to explain the delay in para Nos.2 and 3 of the application, which are reproduced as under:-2) That it is submitted tha...
State and ors Vs. Suraj Prakash Bohra
Court: Rajasthan Jodhpur
Decided on: Dec-15-2012
{1} DB CIVIL SPECIAL APPEAL(W) 803/2012 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR JUDGMENT D.B. CIVIL SPECIAL APPEAL(WRIT) NO.803/2012 IN S.B. CIVIL WRIT PETITION NO.4505/2012 STATE OF RAJASTHAN & ORS. Vs. SURAJ PRAKASH BOHRA DATE:15.12.2012 HON'BLE THE ACTING CHIEF JUSTICE MR.NARENDRA KUMAR JAIN HON'BLE MR. JUSTICE R.S. CHAUHAN Mr. Yashpal Khileree, Dy. Government Counsel, for the appellants. Mr. B.P. Mathur, for the respondent. **** Learned counsel for both the parties are in agreement that connected special appeal i.e. D.B. Civil Special Appeal(W) No.774/2012-State of Rajasthan & Ors. Vs. Ramesh Chandra Mathur, has been allowed by the Division Bench vide judgment dated 3.12.2012, therefore, for the same reasons, mentioned in the connected appeal, the present special appeal may also be allowed and the writ petition may be remitted to the Single Bench for deciding the same, afresh.2. Following is the order dated 03.12.2012, passed in State of Rajasthan & Ors. Vs. Ramesh...
Smt. Gitanjali Vyas Vs. State of Raj. and ors
Court: Rajasthan Jodhpur
Decided on: Dec-15-2012
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR ORDER D.B. CIVIL SPECIAL APPEAL NO. 1014/2012 SMT. GITANJALI VYAS VS. STATE OF RAJASTHAN & OTHERS. DATE OF ORDER :15. 12.2012 HON'BLE THE ACTING CHIEF JUSTICE MR. NARENDRA KUMAR JAIN HON'BLE MR. JUSTICE R.S. CHAUHAN Ms. Varsha Bissa, for the appellant. Learned counsel for the appellant seeks permission to withdraw this special appeal as well as writ petition and also the application under Section 5 of the Limitation Act with liberty to file a fresh writ petition challenging the constitutional validity of the definition of dependent defined under Rajasthan Compassionate Appointment of Dependents of Deceased Government Servants Rules, 1996. Prayer is allowed. Writ petition as well as special appeal and application under Section 5 of the Limitation Act are dismissed as withdrawn with liberty, as prayed for. (R.S. CHAUHAN),J.(NARENDRA KUMAR JAIN),Actg.C.J.Manoj, S.No.5. All corrections made in the judgment/order have been incorporate...
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