Rajasthan Jodhpur Court July 2012 Judgments
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Fauja Ram Vs. State of Raj
Court: Rajasthan Jodhpur
Decided on: Jul-11-2012
FloatingFrame 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. CR. PAROLE WRIT PETITION No.4632/2012 Fauja Ram V/s. State of Rajasthan & Ors. Date of Judgment :: July 11, 2012 HON'BLE MR. JUSTICE R.S. CHAUHAN None for the petitioner. Mr. K.R. Bishnoi PP for the State. A letter has been received from Fauja Ram, a convicted prisoner of Central Jail, Jodhpur. The said letter has been treated as a letter petition by this court. Vide order dated 2nd July, 2012, this court had appointed Mr. Firoz Khan as the amicus curiae in order to argue on behalf of the petitioner. According to letter dated 12.04.2012, the petitioner was convicted for offences of NDPS Act. He was sentenced to ten years of rigorous imprisonment. Since he has returned to the jail after completing first and second regular parole, he claims to be eligible for release on third parole under the Rajasthan Prisoners (Release on Parole) Rules, 1958. Thus, he sent a letter for his third regular parole of forty days. ...
Kunj Ahmed Vs. State of Raj
Court: Rajasthan Jodhpur
Decided on: Jul-11-2012
FloatingFrame 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. CR. PAROLE WRIT PETITION No.4640/2012 Kunj Ahmed V/s. State of Rajasthan & Ors. Date of Judgment :: July 11, 2012 HON'BLE MR. JUSTICE R.S. CHAUHAN None for the petitioner. Mr. K.R. Bishnoi PP for the State. A letter has been received from Kunj Ahmed, a convicted prisoner of Central Jail, Udaipur. The said letter has been treated as a letter petition by this court. Vide order dated 02nd July, 2012, this Court appointed Mr. Ashwini Babel as amicus curiae. According to the letter, dated 19.04.2012, the convicted prisoner was convicted for offences under Section 8/21 of NDPS Act. He was sentenced to fourteen years of rigorous imprisonment. So far, he has completed about four years; the convicted prisoner claims to be eligible for release on first parole under the Rajasthan Prisoners (Release on Parole) Rules, 1958. The learned Public Prosecutor has contended that the convicted prisoners of NDPS Act are not covere...
Hemraj Vs. Board of Revenue, Ajmer and ors
Court: Rajasthan Jodhpur
Decided on: Jul-06-2012
Ddd D. B. Civil Special Appeal No. 410/2012 Hem Raj Vs. Board of Revenue & Ors. -1- 13 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR :: O R D E R :: Hem Raj Vs. Board of Revenue & Ors. D.B. CIVIL SPECIAL APPEAL (WRIT) NO. 410/2012 .. Date of Order ::6. h July 2012. Reportable HON'BLE MR. JUSTICE DINESH MAHESHWARI HON'BLE MR. JUSTICE NARENDRA KUMAR JAIN-II Mr. Vijay Jain, for the appellant. BY THE COURT: By way of this intra-court appeal, the petitioner-appellant seeks to question the order dated 19.05.2012 whereby the learned Single Judge of this Court has dismissed the writ petition (CWP No. 4488/2012), preferred against the order dated 20.01.2012 as passed by the Board of Revenue for Rajasthan at Ajmer ('the Board of Revenue'/the Board). By the said order dated 20.01.2012, the Board of Revenue had dismissed a revision petition against the order dated 06.05.2011 as passed by the Sub- Divisional Officer, Bhadra rejecting the objections raised by the appellant against execut...
Smt. Basanti Devi Vs. State of Raj
Court: Rajasthan Jodhpur
Decided on: Jul-06-2012
D.B. Criminal Parole Writ Petition NO.4671/2012 [SMT. BASANTI DEVI VS. STATE OF RAJ.& ORS.] Date of Order ::06. h July, 2012. HON'BLE MR JUSTICE DINESH MAHESHWARI HON'BLE MR JUSTICE NARENDRA KUMAR JAIN-II By post. Mr.KR Bishnoi, PP ***** By way of this letter petition, the mother of the convict Pawan Singh S/o Puranpuri has prayed for grant of 20 days parole for her son. From the submissions as made by the respondent in the reply, it appears that as on 15.05.2012, the concerned prisoner had served the sentence for a period of 8 years, 2 months and 24 days inclusive of jail remission of 3 months and 20 days. However, the significant facts and circumstances of the case appearing from the reply submission are that while being taken to jail after the date of hearing on 19.08.2006, the prisoner jumped off the train and absconded wherefor FIR No.167/2006 was lodged at Police Station Gangrar and then, he was arrested on 02.10.2006. Thereafter, on 14.02.2008, the prisoner again absconded from ...
Baljeet Kaur Vs. State of Raj
Court: Rajasthan Jodhpur
Decided on: Jul-06-2012
D.B. Criminal Parole Writ Petition NO.4636/2012 [BALJEET KAUR VS. STATE OF RAJ.] Date of Order ::06. h July, 2012. HON'BLE MR JUSTICE DINESH MAHESHWARI HON'BLE MR JUSTICE NARENDRA KUMAR JAIN-II By post. Mr.KR Bishnoi, Govt. Counsel ***** By way of this letter petition, the petitioner has stated the grievance about non-consideration of the case of her husband Avtar Singh S/o Jagtar Singh for being released on permanent parole on the ground of non-expiry of the period of eleven months since after availing of the last parole by him. From the reply submissions and the documents placed on record by the respondent, it appears that the case of the husband of the petitioner was indeed considered by the State Parole Committee in its meeting dated 20.03.2012 but his prayer at the given stage was declined for the reason that he had returned to the jail after availing the last parole only on 31.08.2011; and a period of eleven months had not elapsed since then. Without going into any other aspect o...
Bhadar Singh @ Bahadur Singh Vs. Union Bank of India B. Hanumangarh An ...
Court: Rajasthan Jodhpur
Decided on: Jul-06-2012
D.B. Civil Special Appeal (W) No. 553/2012. Bhadar Singh @ Bahadur Singh Vs. Union of Bank of India & Ors. [ 1 ] 2 D.B. CIVIL SPECIAL APPEAL (WRIT) NO. 553/2012. Bhadar Singh @ Bahadur Singh Vs. Union Bank of India B. Hanumangarh & Ors. Date of Order ::6. h July 2012. HON'BLE MR JUSTICE DINESH MAHESHWARI HON'BLE MR JUSTICE NARENDRA KUMAR JAIN-II Mr. S.K. Dadhich, for the appellant. BY THE COURT: By way of this intra-court appeal, the petitioner-appellant seeks to question the order dated 13.02.2012 whereby the learned Single Judge of this Court, while considering an application under Article 226 (3) of the Constitution of India moved on behalf of the respondent-Bank in the pending writ petition (CWP No. 5909/2011), has proceeded to vacate the interim order as passed on 02.08.2011 essentially for the reason of the petitioner's failure to carry out the requirements of the said interim order. The background aspects of the matter are that the petitioner, who has been advanced a loan by th...
Bhanwar Singh Inda Vs. State and ors
Court: Rajasthan Jodhpur
Decided on: Jul-06-2012
1 S.B. CIVIL WRIT PETITION NO. 7367/2012 Bhanwar Singh Vs. State of Rajasthan and Ors. DATE OF ORDER :6. 8.2012 HON'BLE MR. GOVIND MATHUR, J.Mr. B.L. Choudhary, for the petitioner/s. ... By the order dated 31.5.2012, the Zonal Manager, Rajasthan State Road Transport Corporation, Jodhpur Zone, Jodhpur transferred the petitioner from Barmer depot to Jalore depot. While questioning, correctness of the same, it is stated that the petitioner is suffering from certain ailments, but without taking into consideration the same, impugned transfer has been effected. It is also pointed out that a representation was submitted by the petitioner, but the respondents did not consider the same. I do not find any merit in the argument advanced. It is well settled that transfer is a normal exigency of service and the courts are not required to interfere with the same until that is in violation of statute or is an outcome of malafides or extraneous considerations or is shockingly arbitrary. No such eventu...
Dholuram @ Amriya Vs. State of Raj
Court: Rajasthan Jodhpur
Decided on: Jul-06-2012
D.B. Criminal Parole Petition NO.4521/2012 [DHOLIYA @ UMARIYA VS. STATE OF RAJ.] Date of Order ::06. h July, 2012. HON'BLE MR JUSTICE DINESH MAHESHWARI HON'BLE MR JUSTICE NARENDRA KUMAR JAIN-II By post. Mr.KR Bishnoi, Government Counsel ***** The petitioner has sent this letter petition seeking consideration of his case for grant of parole for twenty days. Without going into any other aspect of the matter, we feel disinclined to entertain this matter at this stage directly particularly when it is noticed that the petitioner, before approaching this Court seems not to have made any prayer for grant of parole before the authorities concerned. Having regard to the circumstances, even when we are disinclined to entertain the matter at this stage, it does appear appropriate that the request as made by the petitioner be given due consideration by the authorities concerned. For that matter, we observe that letter petition as sent to this Court, copy whereof has already been received by the Go...
Vijaydhar @ Vikki Vs. State of Raj
Court: Rajasthan Jodhpur
Decided on: Jul-06-2012
D.B.CR. PAROLE PETITION NO.5179/2012 Vijaydhar vs. State of Rajasthan & Ors. Date of Order :06. 07.2012 HONBLE MR. JUSTICE DINESH MAHESHWARI HON'BLE MR. JUSTICE NARENDRA KUMAR JAIN-II By Post. Mr KR Bishnoi-Government Counsel By way of this letter petition, the petitioner-prisoner has made the prayer for consideration of his case for being transferred to Open Air Camp for having acquired eligibility therefor. What we find in the present case is that earlier, the case of the petitioner for transfer to Open Air Camp was considered and rejected by the respondents on 02.05.2011, essentially with the observations that as on 30.06.2010, a prisoner, who had served the sentence for about 09 years, 11 months and 06 days was transferred to the Open Air Camp whereas the petitioner-Vijaydhar alias Vicky had served only for 08 years, 07 months and 18 days. Without going into any other aspect of the matter, when we find that the consideration of the case of the petitioner was made more than a year b...
Dinesh and ors Vs. Mathura Lal and ors
Court: Rajasthan Jodhpur
Decided on: Jul-06-2012
D.B. Civil Special Appeal (W) No. 574/2012. Dinesh & Ors. Vs. Mathura Lal & Ors. [ 1 ] 14 D.B. CIVIL SPECIAL APPEAL (WRIT) NO. 574/2012. Dinesh & Ors. Vs. Mathura Lal & Ors. .. Date of Order ::6. h July 2012. HON'BLE MR JUSTICE DINESH MAHESHWARI HON'BLE MR JUSTICE NARENDRA KUMAR JAIN-II Dr. Sachin Acharya, for the appellants. BY THE COURT: By way of this intra-court appeal, the petitioners-appellants, who are the defendants in a revenue suit (No. 103/2003)for declaration of khatedari rights and perpetual injunction as filed by the respondent No.1 in the Court of Sub-Divisional Officer, Chittorgarh, seek to question the order dated 02.05.2012 whereby the learned Single Judge of this Court has allowed the writ petition filed by the plaintiff-respondent No. 1 (CWP No. 1923/2009) and, in consequence, has set aside the impugned orders as passed by the subordinate Revenue Authorities on 13.06.2005, 22.06.2006 and 10.12.2008 whereby, respectively, the Sub-Divisional Officer, Chittorgarh had ...
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