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Rajasthan Jodhpur Court September 2013 Judgments

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Sep 30 2013

Vagaram and ors Vs. Umaram and ors

Court: Rajasthan Jodhpur

Decided on: Sep-30-2013

1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR :JUDGMENT:1. S.B. CIVIL MISC. APPEAL NO.519/2012 Vagaram & Ors. vs. Vardaram & Ors.2. S.B. CIVIL MISC. APPEAL NO.1189/2013 Vagaram & Ors. vs. Shri Gautam Rishi Trust & Ors.3. S.B. CIVIL MISC. APPEAL NO.1190/2013 Vagaram & Ors. vs. Sonaram & Ors. Date of Judgment ::30. h September, 2013 PRESENT HON'BLE MR. JUSTICE ARUN BHANSALI REPORTABLE Mr. N.M. Lodha Senior Advocate assisted by Mr. K.L. Thakur, for the appellants. Dr. A.A. Bhansali for Vardaram, Magaram, Mr. Rajesh Shah for Umaram, Bhalaram, Sukhdev Prasad, Lalaram, Shri Gautam Rishi Trust Meena Samaj Gayarah Pargana, Sirohi, Pali and Jalore. Mr. Ashok Upadhyay for Mohanlal, Sonaram and Nemaram. Mr. Javed Hussain for Hakmaram. Mr. C.S. Ojha for Hansa Ram, Togaram & Bhalaram. Mr. S.R. Choudhary for Devasthan Department. ---- These appeals under Section 40(3) of the Rajasthan Public Trust Act, 1959 ('the Act') have been filed against order dated 04.01.2012 passed by the Distric...


Sep 30 2013

Vaga Ram and ors Vs. Sona Ram and ors

Court: Rajasthan Jodhpur

Decided on: Sep-30-2013

1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR :JUDGMENT:1. S.B. CIVIL MISC. APPEAL NO.519/2012 Vagaram & Ors. vs. Vardaram & Ors.2. S.B. CIVIL MISC. APPEAL NO.1189/2013 Vagaram & Ors. vs. Shri Gautam Rishi Trust & Ors.3. S.B. CIVIL MISC. APPEAL NO.1190/2013 Vagaram & Ors. vs. Sonaram & Ors. Date of Judgment ::30. h September, 2013 PRESENT HON'BLE MR. JUSTICE ARUN BHANSALI REPORTABLE Mr. N.M. Lodha Senior Advocate assisted by Mr. K.L. Thakur, for the appellants. Dr. A.A. Bhansali for Vardaram, Magaram, Mr. Rajesh Shah for Umaram, Bhalaram, Sukhdev Prasad, Lalaram, Shri Gautam Rishi Trust Meena Samaj Gayarah Pargana, Sirohi, Pali and Jalore. Mr. Ashok Upadhyay for Mohanlal, Sonaram and Nemaram. Mr. Javed Hussain for Hakmaram. Mr. C.S. Ojha for Hansa Ram, Togaram & Bhalaram. Mr. S.R. Choudhary for Devasthan Department. ---- These appeals under Section 40(3) of the Rajasthan Public Trust Act, 1959 ('the Act') have been filed against order dated 04.01.2012 passed by the Distric...


Sep 30 2013

Vaga Ram and ors Vs. Gautam Rishi Trust Meena Samaj and ors

Court: Rajasthan Jodhpur

Decided on: Sep-30-2013

1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR :JUDGMENT:1. S.B. CIVIL MISC. APPEAL NO.519/2012 Vagaram & Ors. vs. Vardaram & Ors.2. S.B. CIVIL MISC. APPEAL NO.1189/2013 Vagaram & Ors. vs. Shri Gautam Rishi Trust & Ors.3. S.B. CIVIL MISC. APPEAL NO.1190/2013 Vagaram & Ors. vs. Sonaram & Ors. Date of Judgment ::30. h September, 2013 PRESENT HON'BLE MR. JUSTICE ARUN BHANSALI REPORTABLE Mr. N.M. Lodha Senior Advocate assisted by Mr. K.L. Thakur, for the appellants. Dr. A.A. Bhansali for Vardaram, Magaram, Mr. Rajesh Shah for Umaram, Bhalaram, Sukhdev Prasad, Lalaram, Shri Gautam Rishi Trust Meena Samaj Gayarah Pargana, Sirohi, Pali and Jalore. Mr. Ashok Upadhyay for Mohanlal, Sonaram and Nemaram. Mr. Javed Hussain for Hakmaram. Mr. C.S. Ojha for Hansa Ram, Togaram & Bhalaram. Mr. S.R. Choudhary for Devasthan Department. ---- These appeals under Section 40(3) of the Rajasthan Public Trust Act, 1959 ('the Act') have been filed against order dated 04.01.2012 passed by the Distric...


Sep 30 2013

Ratna Ram Vs. State and anr

Court: Rajasthan Jodhpur

Decided on: Sep-30-2013

1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR ORDER S.B.CRIMINAL MISC. PETITION NO.1418/2013 Ratna Ram versus State of Rajasthan & Anr. Date of order : 30.9.2013 HON'BLE Mr.JUSTICE SANDEEP MEHTA Mr.Vishal Sharma, for the petitioner. Mr.K.K.Rawal, P.P.Mr.Abhishek Mirdha, for the respondent No.2. The instant misc. petition has been preferred by the petitioner seeking quashing of the F.I.R.No.132/2013 registered at the Police Station Pipar City for the offence under Section 306 of the I.P.C.Succinctly stated the facts of the case are that one Sukhdeo submitted a written report to the S.H.O.Pipar City on 19.6.2013. He alleged in the report that his brother Sugna Ram committed suicide by throwing himself in front of the train at the village Bhundana. He alleged that his brother had come to the village for partition of their ancestral property. However, his uncle's sons Tulsi Ram, Omprakash and sister- in-law Smt.Ashi @ Asu Devi sold their share of the land to Ratna Ram secretl...


Sep 30 2013

Bhag Chand Vs. Satya Narayan and anr

Court: Rajasthan Jodhpur

Decided on: Sep-30-2013

1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR. ORDER S.B.CIVIL WRIT PETITION NO.10956/2013 Bhag Chand versus Satya Narayan & Anr. Date of Order : 30th Sept., 2013 PRESENT HON'BLE Mr.JUSTICE VIJAY BISHNOI Mr.S.M.Toshniwal for the petitioner. Mr.Sanjay Nahar for respondents. BY THE COURT: This writ petition has been preferred by the petitioner against the order dated 24.7.2013 passed by the Additional Sessions Judge No.1, Bhilwara (hereinafter referred to be as 'the learned trial court') whereby the objection raised by the petitioner in respect of admissibility of documents produced through a witness has been rejected and the trial court has admitted the documents in question in evidence for collateral purposes. Learned counsel for the petitioner has argued that the documents, family settlement between two brothers and the sale letter dated 31.5.2010, are unregistered and not bearing requisite stamp duty, therefore, are not admissible in evidence even for collateral purposes...


Sep 30 2013

NaraIn Das @ Bhaiya Maharaj and ors Vs. Ganga Ram and ors

Court: Rajasthan Jodhpur

Decided on: Sep-30-2013

1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR. ORDER S.B.CIVIL WRIT PETITION NO.2411/2011 Narain Das alias Bhaiya Maharaj & ORS.versus Ganga Ram & ORS.Date of Order : 30th Sept., 2013 PRESENT HON'BLE Mr.JUSTICE VIJAY BISHNOI Mr.Rajeev Purohit for petitioner. Mr.Sanjay Nahar for respondents. BY THE COURT: The petitioners have preferred this writ petition against the order dated 3.1.2011 whereby the learned Civil Judge (Junior Division) Bikaner (hereinafter referred to as 'the executing court') impleaded the petitioners as non-applicants in the place of late Shri Punamdas and allowed the respondents No.1 to 3 to submit amended execution application. Brief facts of the case are that execution proceedings is pending before the executing Court for execution of decree dated 13.12.1972 passed in Civil Suit No.390/1971 by the Munsif Bikaner. The only contention raised by the learned counsel for the petitioners that the learned executing Court without taking into consideration the ...


Sep 27 2013

Mahendra Vs. State of Raj. and ors

Court: Rajasthan Jodhpur

Decided on: Sep-27-2013

D.B.Civil Writ Petition No.12099/2013 -1- 53 D.B.Civil Writ Petition No.12099/2013 Mahendra versus The State of Rajasthan & ORS.DATE OF ORDER: 27th September 2013. HON'BLE Mr.JUSTICE DINESH MAHESHWARI HON'BLE Mr.JUSTICE V.K.MATHUR Mr.Kuldeep Vaishnav for Mr.B.M.Bohra, for the petitioner. Mr.G.R.Punia, Sr.Advocate & AAG with Mr.Jamwant Gurjar, for the respondents. With the consent and at the request of the learned counsel for the parties, the matter has been taken up for final disposal at this stage itself. In this writ petition, essentially the petitioner has put to question the Notification dated 03.04.2013 as issued by the State Government bringing out amendment in the Rajasthan Minor Mineral Concession Rules, 1986 ('the Rules of 1986') particularly to the extent it was sought to be applied on the pending applications for grant of mining lease/licence. It is also noticed that the very same Notification dated 03.04.2013 was under challenge in a batch of petitions led by DB CWP No.424...


Sep 27 2013

Madhu Ram Vs. Kachru Lal

Court: Rajasthan Jodhpur

Decided on: Sep-27-2013

[1].IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR JUDGMENT Madhu Ram versus Kachru Lal S.B.CIVIL SECOND APPEAL No.166 OF2013Civil Appeal under Section 100 CPC against the judgment and decree dated 24.09.2012 passed by Addl. District Judge (Fast Track) No.1, Pali, Headquarter Jaitaran, District Pali. *** Date of Judgment: September 27, 2013 PRESENT HON'BLE Mr.JUSTICE P.K.LOHRA Mr.D.S.Sodha for Mr.Kuldeep Mathur, Counsel, for the appellant. BY THE COURT: The appellant-plaintiff has preferred this second appeal against the impugned judgment and decree dated 24th of September 2012 passed by the Addl. District Judge (Fast Track) No.1, Pali, Headquarter Jaitaran, District Pali (for short, learned fiRs.appellate Court).whereby the learned fiRs.appellate Court has [2].affirmed the judgment and decree passed by the learned Civil Judge (Jr.Div.) Bar, District Pali (for short, learned trial Court) dated 11th of January 2010. The appellant-plaintiff instituted a civil suit against the r...


Sep 27 2013

Jitendra Joshi Vs. State and ors

Court: Rajasthan Jodhpur

Decided on: Sep-27-2013

D.B.Civil Writ Petition No.12122/2013 -1- 54 D.B.Civil Writ Petition No.12122/2013 Jitendra Joshi versus The State of Rajasthan & ORS.DATE OF ORDER: 27th September 2013. HON'BLE Mr.JUSTICE DINESH MAHESHWARI HON'BLE Mr.JUSTICE V.K.MATHUR Mr.Arvind Shrimali, for the petitioner. Mr.G.R.Punia, Sr.Advocate & AAG with Mr.Jamwant Gurjar, for the respondents. With the consent and at the request of the learned counsel for the parties, the matter has been taken up for final disposal at this stage itself. In this writ petition, essentially the petitioner has put to question the Notification dated 03.04.2013 as issued by the State Government bringing out amendment in the Rajasthan Minor Mineral Concession Rules, 1986 ('the Rules of 1986') particularly to the extent it was sought to be applied on the pending applications for grant of mining lease/licence. It is also noticed that the very same Notification dated 03.04.2013 was under challenge in a batch of petitions led by DB CWP No.4241/2013: Fede...


Sep 27 2013

Kalu Ram Vs. Panchayat Samiti Degana and ors

Court: Rajasthan Jodhpur

Decided on: Sep-27-2013

D.B.CIVIL SPECIAL APPEAL (WRIT) No.638/2013. Kalu Ram versus Panchayat Samiti, Degana & ORS.// 1 // 128 D.B.CIVIL SPECIAL APPEAL (WRIT) No.638/2013. Kalu Ram versus Panchayat Samiti, Degana & Ors.Date of Order :: 27th September 2013. HON'BLE Mr.JUSTICE DINESH MAHESHWARI HON'BLE Mr.JUSTICE V.K.MATHUR Mr.M.C.Bhoot, Senior Advocate with Mr.Surendra Singh ].Mr.Arpit Bhoot ]., for the appellant. Mr.K.K.Bissa, Government Counsel. Mr.P.P.Choudhary, Senior Advocate with Mr.Rajendra Kataria, for the Intervenor. It has been pointed out in the additional affidavit filed on behalf of the respondent Panchayat Extension Officer, Panchayat Samiti, Degana that after the order dated 20.09.2013, the appellant initiated cutting of 'Moong' crops on 21.09.2013. A detailed report of the operations of cutting and removal of crop was prepared in the presence of, inter alia, Gram Sevak and the Panchayat Extension Officer, Panchayat Samiti, Degana. The report dated 21.09.2013 has been placed on record wherefr...


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