Rajasthan Jodhpur Court August 2012 Judgments
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Lrs of Rewa Puri Vs. Onkar Lal
Court: Rajasthan Jodhpur
Decided on: Aug-21-2012
D.B. Civil Special Appeal No.5/2000. LRs of Rewa Puri Vs. LRs of Onkar Lal & Ors. // 1 // 15 D.B. Civil Special Appeal No.5/2000. LRs of Rewa Puri Vs. LRs of Onkar Lal & Ors. .. DATE OF ORDER:21. t August 2012. HON'BLE MR. JUSTICE DINESH MAHESHWARI HON'BLE MR. JUSTICE NARENDRA KUMAR JAIN-II Mr. Surendra Singh, for the appellants. Mr. Manoj Bohara for Mr. Rajesh Joshi, for the respondents. This intra-court appeal against the judgment and order dated 22.12.1999 as passed in S.B.Civil First Appeal No.77/1980 has been filed by 3 of the legal representatives of the original plaintiff (respondent in the first appeal). An application has been moved on behalf of the respondents (IA No.671/2012) with the submissions that the appellant No.1/1 Smt. Kamla Devi (i.e., the wife of the original plaintiff) expired in the year 2006 leaving behind two sons, Bharat Puri and Umesh Puri; and two daughters Smt. Leela Kumari and Smt. Sudha Kumari. Even while stating that Bharat Puri and Umesh Puri are on re...
Rajendra Kumar Vs. Smt.Leela Devi
Court: Rajasthan Jodhpur
Decided on: Aug-21-2012
1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR Rajendra Kumar Vs. Smt. Leeladevi S.B. CIVIL MISC. APPEAL NO.2344/2007 Misc. appeal filed under Section 28 of the Hindu Marriage Act against the judgment and decree dated 20.9.2007 passed by Additional District Judge, Sojat. Date of Judgment:21. 8.2012 HON'BLE MR. JUSTICE R.S. CHAUHAN Mr. C.P.Soni, for the appellant. Mr. D.S.Udawat, for the respondent. The appellant has challenged the judgment dated 20.9.2007 passed by the Additional District Judge, Sojat, whereby the the learned Judge had dismissed the application filed by the appellant under Section 9 of the Hindu Marriage Act, ('the Act', for short). Briefly, the facts of the case are that the appellant- Rajendra Kumar, and respondent- Smt. Leeladevi were married in 1995 according to Hindu rites and customs. After the marriage, both the appellant and respondent resided as husband and wife at Jaitaran. However, after some time, the respondent left her matrimonial home and 2 w...
Jaswant Singh Vs. Raj. State Road Tran. Corpn. and ors
Court: Rajasthan Jodhpur
Decided on: Aug-21-2012
1 S.B. CIVIL WRIT PETITION NO.3551/2012 Jaswant Singh Vs. Rajasthan State Road Transport Corporation Limited, & Ors. DATE OF ORDER :21. 8.2012 HON'BLE MR. GOVIND MATHUR, J.Mr. D.S. Sodha, for the petitioner. ... By this petition for writ, the petitioner, a ward of the deceased employee of Rajasthan State Road Transport Corporation (hereinafter referred to as 'the Corporation'), is claiming a direction for the respondents to employ him on compassionate grounds. The factual matrix necessary to be noticed is that on 17.5.2002 father of the petitioner Shri Sawai Singh while holding the post of Conductor with the respondent-Corporation died on 17.5.2002. An application then was given by mother of the petitioner with the respondents to keep her right intact to get her minor son employed with the Corporation on compassionate grounds on acquiring the minimum age prescribed for appointment. On 26.5.2010, an application was submitted by the petitioner for claiming appointment on compassionate gr...
Rameshwar Dayal Java Vs. Radheyshyam and anr
Court: Rajasthan Jodhpur
Decided on: Aug-21-2012
1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR :ORDER : Rameshwar Dayal Java Vs. Radheyshyam & Another (S.B. Civil Writ Petition No.6025/2006) DATE OF ORDER : August 21, 2012 PRESENT HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS _________________________________________ Mr. Deelip Kawadia for the petitioner. Dr. Sachin Acharya for the respondent. BY THE COURT : Instant writ petition has been filed for quashing order dated 26.05.2006 by which application filed by respondent- applicant for amendment of petition before the Rent Tribunal was allowed. An application was moved before the Rent Tribunal, Udaipur by respondent No.1 for eviction on the ground of bonafide necessity under the Rajasthan Rent Control Act, 2001. After filing the above petition, an application under Order 6 Rule 17, C.P.C. was filed for seeking amendment in the petition before the Tribunal by way of adding a new ground of default. Non-applicant-petitioner raised objection that ground of default cannot be raised a...
S.B.B.J Vs. Nawal Kishore Mathur and anr
Court: Rajasthan Jodhpur
Decided on: Aug-21-2012
S.B. CIVIL FIRST APPEAL NO.70/2010 SBBJ vs. Nawal Kishore Mathur & anr. DATE OF JUDGMENT:21. t August1. 3 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. CIVIL FIRST APPEAL NO.70/2010 STATE BANK OF BIKANER AND JAIPUR VS. NAWAL KISHORE MATHUR & ANR. JUDGMENT Date of Judgment :21. t August, 2012. HON'BLE DR. JUSTICE VINEET KOTHARI Mr. Jagdish Vyas, for the appellant-plaintiff. Heard learned counsel for the appellant plaintiff. This appeal has been filed by the plaintiff appellant State Bank of Bikaner and Jaipur aggrieved by the decree dated 25.11.2009 passed in favour of the plaintiff bank for recovery of a sum of Rs.7,00,399/-. Vide para 15 and 16 of the judgment under appeal, the learned court below has clearly held that the respondent defendants Nawal Kishore Mathur and Ravi Mathur were liable to pay the said sum to the bank on account of their default in repayment of the loan in question. However, the learned court below has granted the liberty to the defendants to pay...
New India Assurance Co.Ltd Vs. Deen Dayal and anr
Court: Rajasthan Jodhpur
Decided on: Aug-21-2012
1 CMA No.1841/2004. 61 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR. JUDGMENT. S. B. Civil Misc. Appeal No. 1841/2004 New India Assurance Co. Ltd. v. Deen Dayal & Others. DATE OF JUDGMENT :::22. 08.2012 HON'BLE MS. JUSTICE NIRMALJIT KAUR Present none for Appellant (s). Present none for Respondent (s). BY THE COURT: This is an appeal against the order and judgment passed by the Judge, Motor Accident Claims Tribunal, Bikaner on 27.08.2004, vide which, Rs.25,130/- were awarded with interest at the rate of 9%. While praying for setting aside this impugned award, the main ground taken in the appeal is that that owner of the bus disowned his own application under Section 451 of the Cr.P.C., in which he had admitted about the driving license of his driver. Secondly, the adverse inference should have been drawn as the driver of the bus could not submit his own driving license. After going through the pleadings of the judgment, I find that the tribunal duly recorded a finding that t...
Jagdish Kumar Khandelwal Vs. State of Raj. and ors
Court: Rajasthan Jodhpur
Decided on: Aug-21-2012
(1) IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR ORDER S.B. CIVIL WRIT PETITION NO.5112/2010 Jagdish Kumar Khandelwal Versus State of Rajasthan & Ors. Date of Order :21. 08.2012 PRESENT HON'BLE MR. JUSTICE GOVIND MATHUR Mr. Rajesh Shah for the petitioner Mr. Hemant Choudhary for the respondents BY THE COURT : The District Education Officer (Elementary Education), Sirohi vide order dated 22.07.2004 placed the petitioner under suspension contemplating disciplinary action. The disciplinary proceedings under Rule 16 of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 too were initiated against him under a memorandum dated 25.09.2004, however, the same was withdrawn under an office order dated 01.08.2005. The District Education Officer (Elementary Education), then passed an order dated 23/25.03.2010 withdrawing the earlier orders pertaining to withdrawal of the disciplinary action initiated against the petitioner under the memorandum dated 25.09.2004...
LaxminaraIn Vs. Hastimal
Court: Rajasthan Jodhpur
Decided on: Aug-21-2012
S.B. CIVIL FIRST APPEAL NO.19/1989 LAXMI NARAYAN VS. HASTI MAL DATE OF JUDGMENT:21. t AUGUST1. 11 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. CIVIL FIRST APPEAL NO.19/1989 (LAXMI NARAYAN VS. HASTI MAL) JUDGMENT DATE OF JUDGMENT :21. 08.2012 PRESENT HON'BLE DR. JUSTICE VINEET KOTHARI Mr.N.K. Vyas, for the appellant defendant. Mr. P.R. Choudhary, for the respondent plaintiff.1. The present first appeal has been filed by the defendant Laxmi Narayan s/o Shri Nathu Ji Jeengar being aggrieved by the judgment and decree of eviction and possession passed by learned Additional District Judge No.1, Jodhpur in Civil Suit No.16/79 Hasti Mal s/o Shri Hari Ram Jeengar vs. Laxmi Narayan s/o Shri Nathu Ji Jeengar dated 17.12.1998 in respect of the suit premises a house, situated at near Pipaliya Mahadev Temple, opposite Ek Minar Maszid, Jodhpur. S.B. CIVIL FIRST APPEAL NO.19/1989 LAXMI NARAYAN VS. HASTI MAL DATE OF JUDGMENT:21. t AUGUST2. 11 2. The facts in brief are like this. The s...
Dr Ajay Kumar Sharma and ors Vs. Stat E and ors
Court: Rajasthan Jodhpur
Decided on: Aug-17-2012
1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR :ORDER :1. Dr. Sophia Gir & Others Vs. State of Rajasthan & Others (S.B. Civil Writ Petition No.747/2012) 2. Dr. S.N. Ojha & OthersVs. State of Rajasthan & Others (S.B. Civil Writ Petition No.2082/2012) 3. Dr. A.K. Gupta & Others Vs. State of Rajasthan & Others (S.B. Civil Writ Petition No.2083/2012) 4. Dr. G.K. Mathur Vs. State of Rajasthan & Others (S.B. Civil Writ Petition No.2084/2012) 5. Dr. Ajay Kumar Sharma & Others Vs. State of Rajasthan & Others (S.B. Civil Writ Petition No.2096/2012) DATE OF ORDER : August 17th, 2012 PRESENT HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS _________________________________________ Reportable Dr. P.S. Bhati/Mr. S.S. Rathore for the petitioners. Mr. G.R. Punia, AAG, Sr. Advocate with Mr. Mahendra Choudhary for the State. Mr. M.S. Singhvi, Sr. Advocate with Mr. Deepesh Beniwal for the applicants. Mr. Girish Joshi for the respondent. Mr. Mukesh Vyas for the Caveator. BY THE COURT : In all the above...
Khuma Ram Vs. Mangi Lal and ors
Court: Rajasthan Jodhpur
Decided on: Aug-17-2012
!! 1 !! IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR : O R D E R: S.B. CIVIL WRIT PETITION NO.12853/2011 (Khuma Ram Vs. Mangi Lal & Ors.) Date of Order ::17. 08.2012 PRESENT HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS Mr. Manoj Bhandari, for the petitioner. Mr. Vivek Shrimali, for the respondents. ------ BY THE COURT : Heard learned counsel for the parties. It is submitted by learned counsel for the petitioner that the application filed under Order 1 Rule 10 CPC by the petitioner-plaintiff was allowed by the trial court with direction to file amended suit. The petitioner filed amended plaint alongwith amended cause title. The trial court upon application filed under Order 6 Rule 16 CPC by the defendant struck off the paras No.6, 7, 8 and 9 vide impugned order dated 16.11.2011. Learned counsel for the petitioner submits that the order impugned is totally illegal because it is permissible under the law to incorporate the pleading with regard to newly added party in view of Order 1...
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