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Rajasthan Jodhpur Court May 2013 Judgments

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May 28 2013

Shambhu Lal and anr Vs. Ishwar Lal

Court: Rajasthan Jodhpur

Decided on: May-28-2013

1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. CIVIL WRIT PETITION No.5212/2013 Shambhu Lal & Anr. V/s. Ishwar Lal Date of Order :::28. 05.2013 HON'BLE MR. JUSTICE P.K. LOHRA Mr. Suresh Shrimali for the petitioners. Mr. Ashwani Babel for the respondent. The petitioners-defendants have laid the present petition for assailing the impugned order dated 17th April, 2013 (Annex.14) passed by the learned Civil Judge (Jr. Div.) (West) Bhilwara, whereby the learned Judge has dismissed the application of the petitioners under section 151 CPC. By the said application under Section 151 CPC, the petitioners have made endeavour to persuade the learned court below to permit the petitioners to mark exhibit on the certified copy of the decision in criminal case which was taken on record by the learned trial Court by its order dated 20th April, 2012. The petitioners have, inter alia, averred in the application that due to bona fide error and oversight, certified 2 copy of the judgment o...


May 28 2013

Raj Kumar Vs. Chairman, Cum M.D.,rrvpn Ltd., and ors

Court: Rajasthan Jodhpur

Decided on: May-28-2013

1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR :ORDER: S.B. Civil Writ Petition No.11457/2011. (Raj Kumar Vs. Chairman cum Managing Director & Another) DATE OF ORDER : May 28, 2013 PRESENT HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS ____________________________________ Mr. S.K.M. Vyas for the petitioner. Mr. Ravi Bhansali for the respondent(s). BY THE COURT : In this writ petition filed by the petitioner, the petitioner has prayed for direction to the respondents to provide appointment on compassionate ground. As per facts of the case, the petitioner's father Rupesh Chandra Purohit died while in service when he was working as Assistant Engineer, 400 KV GSS, Jaipur under the control of the respondents. The petitioner is adopted son of late Rupesh Chandra 2 Purohit because he was legally adopted by him under registered adoption deed dated 04.06.1999. After the death of late Rupesh Chandra Purohit an application was moved by the petitioner to the respondents for providing him appoi...


May 28 2013

Raj. Textile Mills Association Vs. Union of India and ors

Court: Rajasthan Jodhpur

Decided on: May-28-2013

D.B.CIVIL WRIT PETITION NO.1930/2013. Rajasthan Textile Mills Association Vs. Union of India & Ors. // 1 // 89 D.B.CIVIL WRIT PETITION NO.1930/2013. Rajasthan Textile Mills Association Vs. Union of India & Ors. .. Date of Order ::28. h May 2013. HON'BLE MR. JUSTICE DINESH MAHESHWARI HON'BLE MR. JUSTICE ARUN BHANSALI Mr. Sanjeev Johari, for the petitioner. Mr. V.K. Vyas, for the respondent-UOI. BY THE COURT: As regards the questioned Circular No.967/01/2013-CX dated 01.01.2013, it is an admitted position that so far this Court is concerned, a final view has been taken in the order dated 01.03.2013 passed at the Jaipur Bench of this Court in a batch of petitions led by DBCWP No.1891/2013 : Manglam Cement Ltd. Vs. The Superintendent, Central Excise Range-III, Kota & Ors. In the said order dated 01.03.2013, this Court has found the impugned Circular, obligating the concerned authorities to initiate recovery proceedings on the expiry of period as mentioned therein, non est in so far it rel...


May 28 2013

HussaIn Khan Vs. Manjeet Singh

Court: Rajasthan Jodhpur

Decided on: May-28-2013

S.B. Civil Contempt Petition No.147/2012 in S.B. Civil Writ Petition No.2320/1997 Hussain Khan Vs. Manjeet Singh Order dt:28. 05/2013 1/4 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR ORDER S.B. Civil Contempt Petition No.147/2012 Hussain Khan Vs. Manjeet Singh in S.B. Civil Writ Petition No.2320/1997 R.S.R.T.C. & Anr. Vs. Hussain Khan DATE OF ORDER :::28. h May 2013 PRESENT HON'BLE Dr. JUSTICE VINEET KOTHARI Dr. A.A. Bhansali, for the petitioner. Mr. P.R. Singh, for the respondent. -- BY THE COURT:1. Learned counsel for the respondent/contemnor submits that the order dated 04.05.2010 passed by this Court disposing of the writ petition filed by the respondent-RSRTC, has been complied with by the respondents in letter and spirit. While deciding the writ petition filed by the non-petitioner being SBCWP No.2320/1997- R.S.R.T.C. & Anr. Vs. Hussain Khan, this Court held as under: - In view of this, this writ petition is disposed of in terms of the relief granted by the petitioner...


May 28 2013

Chandan Singh Vs. State of Raj. and ors

Court: Rajasthan Jodhpur

Decided on: May-28-2013

S.B. Civil Misc. Application No.24/2012 in S.B. Civil Writ Petition No.2540/2010 Chandan Singh Vs. State of Rajasthan & Ors. Order dt:28. 05/2013 1/2 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR ORDER S.B. Civil Misc. Application No.24/2012 in S.B. Civil Writ Petition No.2540/2010 Chandan Singh Vs. State of Rajasthan & Ors. DATE OF ORDER :::28. h May 2013 PRESENT HON'BLE Dr. JUSTICE VINEET KOTHARI Mr. Vishal Sharma, for the petitioner/applicant. Mr. Sundeep Bhandawat, for the respondents. -- BY THE COURT:1. Learned counsel for the petitioner/applicant submits that in compliance of the order dated 12.12.2011 disposing of the writ petition filed by the petitioner being SBCWP No.2540/2010- Chandan Singh Vs. The State of Rajasthan & Ors., directing him to deposit 30% of the disputed demand of land tax, he has deposited the same, albeit, belatedly on 11.12.2013 and, therefore, the period for filing of the appeal before the competent authority, may now be extended for further per...


May 28 2013

Shanker Lal and ors Vs. State

Court: Rajasthan Jodhpur

Decided on: May-28-2013

-1- IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR. Shankar Lal & Ors. vs. State of Rajasthan D.B.Criminal Appeal No.449/2006 against the judgment dated 26.4.2006 passed by Additional Sessions Judge, (Fast Track), Banswara in Sessions Case No.99/2005. Date of Judgment ::28. h May, 2013 P R E S E N T HON'BLE MR.JUSTICE GOVIND MATHUR HON'BLE MR.JUSTICE BANWARI LAL SHARMA Mr. Shambhoo Singh] Mr. Vikram Singh ] for the appellants. Mr. K.R.Bishnoi, Public Prosecutor, for the State. Mr. Rakesh Arora, for the complainant. .... BY THE COURT : (PER HON'BLE MATHUR,J.) This appeal is directed against the judgment and order dated 26.4.2006 passed by learned Additional Sessions Judge (Fast Track), Banswara convicting and sentencing the accused appellants as under:- Accused Shankar Lal - u/S.302 IPC Life imprisonment with a fine of Rs.2000/- and in default of payment of fine further to undergo six months simple imprisonment. -2- u/S.323 IPC Three months simple imprisonment. Accused Jhumak...


May 28 2013

State of Raj.Thro.Mining Sec.and anr Vs. Smt.Saraswati Devi

Court: Rajasthan Jodhpur

Decided on: May-28-2013

S.B. Civil Contempt Petition No.183/2004 in S.B. Civil Writ Petition No.285/2003 State of Rajasthan & Anr. Vs. Smt. Saraswati Devi Order dt:28. 05/2013 1/1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR ORDER S.B. Civil Contempt Petition No.183/2004 in S.B. Civil Writ Petition No.285/2003 State of Rajasthan & Anr. Vs. Smt. Saraswati Devi DATE OF ORDER :::28. h May 2013 PRESENT HON'BLE Dr. JUSTICE VINEET KOTHARI Mr. G.R. Punia, Sr. Advocate & AAG for the petitioner- State. Mr. Mahendra Trivedi, for the respondent. -- BY THE COURT:1. Learned counsel for the petitioner State submits that the amount in question determined for the dues for Mining Department by the respondent, Smt. Saraswati Devi to the tune of Rs.1,94,527/- has since been deposited in complete and, therefore, they do not want to pursue the present contempt petition.2. The learned counsel for the petitioner does not dispute the aforesaid statement.3. Accordingly, the present contempt petition is dismissed as not pr...


May 28 2013

Chagan Lal Gehlot Vs. Sunil Kishore Singh Malviya

Court: Rajasthan Jodhpur

Decided on: May-28-2013

S.B. Civil Misc. Application No.76/2013 in S.B. Civil Writ Petition No.2633/2013 Chhagan Lal Gehlot Vs. Sunil Kishore Singh Malviya Order dt:28. 05/2013 1/2 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR ORDER S.B. Civil Misc. Application No.76/2013 in S.B. Civil Writ Petition No.2633/2013 Chhagan Lal Gehlot Vs. Sunil Kishore Singh Malviya DATE OF ORDER :::28. h May 2013 PRESENT HON'BLE Dr. JUSTICE VINEET KOTHARI Mr. Rajesh Panwar, for the petitioner/applicant. -- BY THE COURT:1. The applicant/petitioner has filed this misc. application seeking extension of time to submit the written undertaking in pursuance of the order dated 02.04.2013, whereby, while disposing of the writ petition, the petitioner-tenant was directed to submit undertaking before the learned Rent Tribunal, Jodhpur on or before 15.04.2013 for handing over the suit shop in question situated at near Sir Pratap School, M.G.H. Road, Jodhpur.2. Learned counsel for the applicant/tenant, Mr. Rajesh Panwar, argued th...


May 28 2013

Bhaiya Ram Vs. Lrs of Shri Ram Chandra and ors

Court: Rajasthan Jodhpur

Decided on: May-28-2013

D.B. CIVIL SPECIAL APPEAL (WRIT) NO. 242/2013. Bhaiya Ram Vs. LRs of Shri Ram Chandra & Ors. // 1 // 83 D.B. CIVIL SPECIAL APPEAL (WRIT) NO. 242/2013. Bhaiya Ram Vs. LRs of Shri Ram Chandra & Ors. .. Date of Order ::28. h May 2013. HON'BLE MR. JUSTICE DINESH MAHESHWARI HON'BLE MR. JUSTICE ARUN BHANSALI Mr. D.K. Parihar ] Mr. Jitendra Gehlot ], for the appellant. BY THE COURT: By way of this intra-court appeal, the appellant seeks to question the order dated 08.04.2013 as passed in CWP No.2316/2013 whereby the learned Single Judge of this Court has declined to interfere under Article 227 of the Constitution of India in the order dated 05.01.2013 passed by the Additional District Judge No.5, Jodhpur Metro in a pending civil appeal. By the said order dated 05.01.2013 , the learned Additional District Judge No.5 Jodhpur Metro directed the appellant to remain present before the Court on the next date of hearing. The order so passed by the Appellate Court was sought to be questioned on the ...


May 28 2013

Om Prakash Khandelwal Vs. Deepak Upreti, and anr

Court: Rajasthan Jodhpur

Decided on: May-28-2013

S.B. Civil Contempt Petition No.225/2013 in S.B. Civil Writ Petition No.3407/2013 Om Prakash Khandelwal Vs. Deepak Preti & Anr. Order dt:28. 05/2013 1/2 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR ORDER S.B. Civil Contempt Petition No.225/2013 in S.B. Civil Writ Petition No.3407/2013 Om Prakash Khandelwal Vs. Deepak Preti & Anr. DATE OF ORDER :::28. h May 2013 PRESENT HON'BLE Dr. JUSTICE VINEET KOTHARI Mr. V.D. Gaur, for the petitioner. Mr. Y.P. Khileree, for the respondents. -- BY THE COURT:1. The petitioner has preferred this contempt petition for the alleged breach of order dated 16.04.2013 passed by a coordinate bench of this Court in SBCWP No.3407/2013-Om Prakash Khandelwal Vs. State & Ors. While disposing of the aforesaid writ petition, the coordinate bench of this Court, has held as under: - After hearing learned counsel for the parties, I am of the opinion that no authority can stay the operation of law as provided under Rules framed under Section 46 of the Rajasth...


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