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Rajasthan Jodhpur Court August 2013 Judgments

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Aug 30 2013

State Vs. Jagdamba Prasad

Court: Rajasthan Jodhpur

Decided on: Aug-30-2013

[1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR ORDER S.B. CRIMINAL LEAVE TO APPEAL NO.17/2013 State of Rajasthan Versus Jagdamba Prasad Date of Order :30. 08.2013 PRESENT HON'BLE MR. JUSTICE GOVIND MATHUR Mr. Mahipal Bishnoi, Public Prosecutor, for the State BY THE COURT : This leave to appeal as per the provisions of Section 378 (iii) and (i) of the Cr.P.C. is preferred to have a leave to appeal the judgment dated 26.10.2012 passed by learned Special Judge, Prevention of Corruption Cases, Bikaner. The leave to appeal is barred by limitation from six days. Having considered the facts of the case, the delay of six days is condoned, though no application as per the provisions of Section 5 of the Limitation Act is filed. Heard learned Public Prosecutor on merits. Respondent Jagdamba Prasad S/o Mr. Jainarayan was charged for the commission of offences punishable under Section 7, 13 (1) (D) and 13 (2) of the Prevention of Corruption [2] Act, 1988. The prosecution to substantia...


Aug 30 2013

State Vs. Anil Chouhan

Court: Rajasthan Jodhpur

Decided on: Aug-30-2013

D.B. CR. APPEAL Nos.256/1987 & 296/1988 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR JUDGMENT (1) D.B. CRIMINAL APPEAL No.256/1987 Anil Kumar Chouhan V/s. State of Rajasthan. (2) D.B. CRIMINAL APPEAL No.296/1988 State of Rajasthan Vs. Anil Kumar Chouhan D.B. Criminal appeals against the judgment and order dated 22.07.1987 passed by Sessions Judge, Jodhpur in Sessions Case No.37/1985. Date of Judgment ::30. h August 2013 HON'BLE MR. JUSTICE DINESH MAHESHWARI HON'BLE MR. JUSTICE V.K. MATHUR Mr. Mahesh Thanvi for the appellant. Mr. A.R. Nikub, Public Prosecutor for the State. BY THE COURT: These two appeals, one by the accused and another by the State, arising out of the same sessions case, and preferred against the same judgment and order, have been heard together; and are taken up for disposal by this common judgment. The accused-appellant Anil Kumar Chouhan and also the State of Rajasthan have challenged the judgment and order dated 22.07.1987 passed by the Sessions Judge...


Aug 30 2013

Anil Chouhan Vs. State

Court: Rajasthan Jodhpur

Decided on: Aug-30-2013

D.B. CR. APPEAL Nos.256/1987 & 296/1988 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR JUDGMENT (1) D.B. CRIMINAL APPEAL No.256/1987 Anil Kumar Chouhan V/s. State of Rajasthan. (2) D.B. CRIMINAL APPEAL No.296/1988 State of Rajasthan Vs. Anil Kumar Chouhan D.B. Criminal appeals against the judgment and order dated 22.07.1987 passed by Sessions Judge, Jodhpur in Sessions Case No.37/1985. Date of Judgment ::30. h August 2013 HON'BLE MR. JUSTICE DINESH MAHESHWARI HON'BLE MR. JUSTICE V.K. MATHUR Mr. Mahesh Thanvi for the appellant. Mr. A.R. Nikub, Public Prosecutor for the State. BY THE COURT: These two appeals, one by the accused and another by the State, arising out of the same sessions case, and preferred against the same judgment and order, have been heard together; and are taken up for disposal by this common judgment. The accused-appellant Anil Kumar Chouhan and also the State of Rajasthan have challenged the judgment and order dated 22.07.1987 passed by the Sessions Judge...


Aug 30 2013

Mohan Lal Meena Vs. State and ors

Court: Rajasthan Jodhpur

Decided on: Aug-30-2013

[1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR ORDER S.B. CIVIL WRIT PETITION NO.10826/2013 Mohan Lal Meena Versus The State of Rajasthan & Ors. Date of Order :30. 08.2013 PRESENT HON'BLE MR. JUSTICE GOVIND MATHUR Mr. Mohan Lal Meena, petitioner, present in person Mr. R.L. Jangid, Senior Advocate and Additional Advocate General, assisted by Mr. Rishabh Tayal, for the respondents BY THE COURT : Admit. Issue notice. Mr. Rishabh Tayal, learned assisting counsel to Mr. R.L. Jangid, learned Senior Advocate and Additional Advocate General, accepts notice on behalf of all the respondents. Service, as such, is sufficient. Looking to the narrow amplitude of the controversy involved in this petition for writ, the petition is heard finally at this stage. In the year 2006, the petitioner preferred an application for admission in the Teachers Training Course conducted by the District Institute for Education and Training. [2] The admission was denied to the petitioner for certain reaso...


Aug 30 2013

State of Raj. and ors Vs. Ms. Jamna Rajpurohit

Court: Rajasthan Jodhpur

Decided on: Aug-30-2013

1 DBSAW No.82/2013 With 3 connected appeals IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR :::: :: JUDGMENT ::1. D.B. Civil Special Appeal No.82/2013 State of Rajasthan & Ors. Vs. Ms. Jamna Rajpurohit 2. D.B. Civil Special Appeal No.84/2013 State of Rajasthan Vs. Parwati Suthar & Anr.3. D.B. Civil Special Appeal No.94/2013 State of Rajasthan Vs. Smt. Meena Purohit & Anr.4. D.B. Civil Special Appeal No.127/2013 State of Rajasthan & Ors. Vs. Bharti & Anr. DATE OF JUDGMENT:30. h August 2013 PRESENT HON'BLE MR. JUSTICE DINESH MAHESHWARI HON'BLE MR. JUSTICE ARUN BHANSALI Mr.G.R. Punia, Sr. Advocate & AAG with Mr. Jamwant Gujar and Ms. Shweta Bora for Dr.G.R. Kalla, for the appellants. Reportable BY THE COURT: (Per Dinesh Maheshwari,J.) These four intra-court appeals, involving an identical question on similar nature facts and arising out of similar nature orders passed in the respective writ petitions, have been considered together; and are taken up for disposal by this common or...


Aug 30 2013

State of Raj Vs. Smt. Meena Purohit and anr

Court: Rajasthan Jodhpur

Decided on: Aug-30-2013

1 DBSAW No.82/2013 With 3 connected appeals IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR :::: :: JUDGMENT ::1. D.B. Civil Special Appeal No.82/2013 State of Rajasthan & Ors. Vs. Ms. Jamna Rajpurohit 2. D.B. Civil Special Appeal No.84/2013 State of Rajasthan Vs. Parwati Suthar & Anr.3. D.B. Civil Special Appeal No.94/2013 State of Rajasthan Vs. Smt. Meena Purohit & Anr.4. D.B. Civil Special Appeal No.127/2013 State of Rajasthan & Ors. Vs. Bharti & Anr. DATE OF JUDGMENT:30. h August 2013 PRESENT HON'BLE MR. JUSTICE DINESH MAHESHWARI HON'BLE MR. JUSTICE ARUN BHANSALI Mr.G.R. Punia, Sr. Advocate & AAG with Mr. Jamwant Gujar and Ms. Shweta Bora for Dr.G.R. Kalla, for the appellants. Reportable BY THE COURT: (Per Dinesh Maheshwari,J.) These four intra-court appeals, involving an identical question on similar nature facts and arising out of similar nature orders passed in the respective writ petitions, have been considered together; and are taken up for disposal by this common or...


Aug 30 2013

State of Raj Vs. Parvati Suthar and anr

Court: Rajasthan Jodhpur

Decided on: Aug-30-2013

1 DBSAW No.82/2013 With 3 connected appeals IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR :::: :: JUDGMENT ::1. D.B. Civil Special Appeal No.82/2013 State of Rajasthan & Ors. Vs. Ms. Jamna Rajpurohit 2. D.B. Civil Special Appeal No.84/2013 State of Rajasthan Vs. Parwati Suthar & Anr.3. D.B. Civil Special Appeal No.94/2013 State of Rajasthan Vs. Smt. Meena Purohit & Anr.4. D.B. Civil Special Appeal No.127/2013 State of Rajasthan & Ors. Vs. Bharti & Anr. DATE OF JUDGMENT:30. h August 2013 PRESENT HON'BLE MR. JUSTICE DINESH MAHESHWARI HON'BLE MR. JUSTICE ARUN BHANSALI Mr.G.R. Punia, Sr. Advocate & AAG with Mr. Jamwant Gujar and Ms. Shweta Bora for Dr.G.R. Kalla, for the appellants. Reportable BY THE COURT: (Per Dinesh Maheshwari,J.) These four intra-court appeals, involving an identical question on similar nature facts and arising out of similar nature orders passed in the respective writ petitions, have been considered together; and are taken up for disposal by this common or...


Aug 30 2013

State of Raj. and ors Vs. Bharti and anr

Court: Rajasthan Jodhpur

Decided on: Aug-30-2013

1 DBSAW No.82/2013 With 3 connected appeals IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR :::: :: JUDGMENT ::1. D.B. Civil Special Appeal No.82/2013 State of Rajasthan & Ors. Vs. Ms. Jamna Rajpurohit 2. D.B. Civil Special Appeal No.84/2013 State of Rajasthan Vs. Parwati Suthar & Anr.3. D.B. Civil Special Appeal No.94/2013 State of Rajasthan Vs. Smt. Meena Purohit & Anr.4. D.B. Civil Special Appeal No.127/2013 State of Rajasthan & Ors. Vs. Bharti & Anr. DATE OF JUDGMENT:30. h August 2013 PRESENT HON'BLE MR. JUSTICE DINESH MAHESHWARI HON'BLE MR. JUSTICE ARUN BHANSALI Mr.G.R. Punia, Sr. Advocate & AAG with Mr. Jamwant Gujar and Ms. Shweta Bora for Dr.G.R. Kalla, for the appellants. Reportable BY THE COURT: (Per Dinesh Maheshwari,J.) These four intra-court appeals, involving an identical question on similar nature facts and arising out of similar nature orders passed in the respective writ petitions, have been considered together; and are taken up for disposal by this common or...


Aug 29 2013

Manoj Kumar Chahar Vs. R.P.S.C., Ajmer and ors

Court: Rajasthan Jodhpur

Decided on: Aug-29-2013

1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B.Civil Special Appeal (Writ) No.110/2013 Manoj Kumar Chahar V/s Rajasthan Public Service Commission & ors. Date of judgment ::- 29 .8.2013 PRESENT Hon'ble the Chief Justice Mr.Amitava Roy Hon'ble Mr.Justice Arun Bhansali Mr.N.R.Choudhary for the appellant. JUDGMENT BY THE COURT (Per Hon'ble Mr.Amitava Roy, CJ) On Application No.56/2013 under section 5 of the Limitation Act for condonation of delay The appeal is belated one and for condonation of delay, an application has been filed. The application discloses that the certified copy of the judgment and order dated 23.11.2012 had been obtained on 14.1.2013 and that the same was mailed to the appellant-writ-petitioner, but due to his sister's marriage, he could not contact his learned counsel for about a month, for which delay had occurred. To say the least we are left wholly unconvinced by the explanation provided. Therefore, we are not inclined to condone the delay. Be that a...


Aug 29 2013

Shera Ram and anr Vs. State and ors

Court: Rajasthan Jodhpur

Decided on: Aug-29-2013

1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR 1 D.B.Civil Special Appeal (Writ) No.590/2013 Ram Prasad & anr. V/s State of Rajasthan & ors.2. D.B.Civil Special Appeal (Writ) No.591/2013 Shera Ram & anr. V/s State of Rajasthan & ors. Date of judgment ::- 29 .8.2013 PRESENT Hon'ble the Chief Justice Mr.Amitava Roy Hon'ble Mr.Justice Arun Bhansali Mr.R.S.Choudhary for the appellants. Mr.G.R.Punia, Additional Advocate General and Mr.Rajesh Punia for the respondents. JUDGMENT BY THE COURT (Per Hon'ble Mr.Amitava Roy, CJ) We have heard Mr.R.S.Choudhary, learned counsel for the appellants and Mr.G.R.Punia, Additional Advocate General and Mr.Rajesh Punia, learned counsel for the respondents. As the issues raised in both the appeals are common, they were heard together and are being decided by this judgment. The facts are taken from appeal no.590/2013. The appellants-writ petitioners, who passed their Secondary School Examination from the Board of Secondary Education, Rajasthan, Aj...


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