Rajasthan Jodhpur Court January 2015 Judgments
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Chaina Ram Vs. State
Court: Rajasthan Jodhpur
Decided on: Jan-30-2015
1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR ::: D.B.Criminal Jail Appeal NO.386/2006 Chaina Ram versus State of Rajasthan Date of order: 30/1/2015 PRESENT HON'BLE Mr.JUSTICE GOPAL KRISHAN VYAS HON'BLE Mr.ANUPINDER SINGH GREWAL Mr.Vivek Shrimal, for the appellant. Mr.CS Ojha, Public Prosecutor. BY THE COURT:[Hon'ble Mr.Justice G.K.Vyas,J.].The instant cr. jail appeal has been filed by the accused appellant Chaina Ram against the judgment dated 21.1.2006 passed by the Addl. Sessions Judge (Fast Track).Rajsamand in Sessions Case NO.29/2005 whereby the learned trial court convicted the accused appellant for committing offence under Section 302 IPC and passed sentence for life imprisonment with fine of Rs.1000/- and in default of payment of find to further undergo 3 months imprisonment. As per the brief facts of the case, a written 2 report (Ex.P/6) was filed by the wife Smt. Gomali wd/o late deceased Lalu Gameti, resident of Kalthawa, District Bhilwara, in which it was repo...
Vikram Vs. State of Rajasthan and Another
Court: Rajasthan Jodhpur
Decided on: Jan-30-2015
By this criminal misc petition, a prayer is made for quashing of FIR No.99/2004 registered with Police Station Patan, Sikar for offence under sections 420, 467, 468, 471 and 120B IPC. Learned counsel for petitioner submits that allegations in the FIR are for creation of fraudulent will and its registration to get the land of the deceased. The will was subject matter of suit filed by the petitioner and has been decreed. Therein, will is held to be genuine. In view of the finding of the civil court, impugned FIR deserves to be quashed. It is in the light of the judgment of the Hon'ble Supreme Court in the case of Sardool Singh and anr versus Smt Nasib Kaur , 1987(Supp) SCC 146. Therein, while validity of will was sub judice in a suit, criminal case for the same allegation was not allowed to proceed. In the instant case, petition stands on better footing because not only the civil case was instituted but it has already been decreed in favour of the petitioner. Learned counsel has further ...
National Ins. Company Ltd. Vs. Pushpa Devi and Others
Court: Rajasthan Jodhpur
Decided on: Jan-30-2015
This appeal has been filed against the judgment and award passed by learned Judge, MACT. 2. Brief facts of the case are that on 21-6-1998 deceased Bhagwan Sahai was going along-with his companion on motor cycle to his village Surana. No sooner did he go ahead Chandwaji Petrol Pump, the respondent No. 1 had laid his truck on the road, in which neither red light was on nor indicators were put on the road, suddenly two-three vehicles came with flood light, as a result of which Bhagwan Sahai could not see the laying truck, due to which he collided with the truck and died and his companion died in the hospital. 3. Thereafter claim petition was filed; certain issues were framed and after hearing all the parties, the learned Tribunal passed the aforesaid impugned judgment and award dated 8-11-2006, awarding Rs. 2,44,000/- as compensation in favour of claimants. 4. Being aggrieved by the aforesaid judgement and award, the instant appeal has been filed by the Insurance Co. 5. Learned counsel fo...
Ram Singh and Ors Vs. Bhikam Chand and Ors
Court: Rajasthan Jodhpur
Decided on: Jan-28-2015
SBC First Appeal No.469/2009 Ram Singh & Ors. vs. Bhikam Chand & Ors. Judgment dt:28. 1/2015 1/35 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR JUDGMENT Ram Singh & Ors. vs. Bhikam Chand & Ors. S.B.CIVIL FIRST APPEAL No.469/2009 DATE OF JUDGMENT :28. h January, 2015 PRESENT HON'BLE Dr. JUSTICE VINEET KOTHARI Mr.Jitendra Chopra, for the appellant-defendants Mr. Suresh Shrimali, ]. Mr.Sundeep Bhandawat,]. for the respondent-plaintiffs. Mr.Ashok Patel, ]. BY THE COURT: REPORTABLE1 The defendants Ram Singh s/o Ghasi Ram & ors have filed the present first appeal under Section 96 CPC against Bhikam Chand s/o Ram Jeevan & anr. being aggrieved by the judgment and decree dated 12/8/2009 passed learned Addl. District Judge (Fast Track) No.3, Jodhpur in a suit for specific performance being Civil Suit No.603/2004 (351/2004) Bhikam Chand & Arun Kumar vs. Ram Singh s/o Ghasi Ram & Ors.2. The said suit for specific performance was filed by the plaintiffs Bhikam Chand & Ors. on 2/11/200...
Mahesh Chandra Tiwari Vs. State of Raj. and Anr
Court: Rajasthan Jodhpur
Decided on: Jan-21-2015
S.B.Civil Writ Petition No.11074/2009 Mahesh Chandra Tiwari. versus State of Raj. & Anr. 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR. ::: ORDER ::: S.B.Civil Writ Petition No.11074/2009 Mahesh Chandra Tiwari. versus State of Raj. & Anr. Date of Order :: 21.1.2015. HON'BLE Mr.JUSTICE SANDEEP MEHTA Mr.Usman Ghani, for the petitioner. Dr.Pratishtha Dave, for the respondents. Reportable ..(1) Heard learned counsel for the parties. (2) By way of the instant writ petition, the petitioner has challenged the action of the respondents in deferring grant of selection scale to him by 4 years as well as for directing the respondents to revise his pension case and to grant him arrears along with interest on the amount accrued in his favour. (3) Facts in brief are that the petitioner was appointed on the post of Patwari on 10.11.1971. He was declared permanent and was allotted regular pay scale with effect from 3.10.1972. The petitioner has claimed in the writ petition that from time ...
Murli Manohar Vyas Vs. Registrar, Co-Op. Soci. Jpr. and Ors
Court: Rajasthan Jodhpur
Decided on: Jan-21-2015
1 IN THE HIGH COURT OF JUDICATURE FOR RAJATHAN AT JODHPUR S.B.Civil Writ Petition No.8442/2014 Murli Manohar Vyas versus Registrar, Co-operative Societies & ORS.Date of Order :: 21-01-2015 HONBLE MS.JUSTICE NIRMALJIT KAUR Mr.Hemant Ballani, for Mr.Mahesh Thanvi, for the petitioner. None present for the respondent. Nirmaljit Kaur,J. (Oral):- The prayer in the present petition is for quashing of the order dated 29.10.2014 vide which the petitioner was transferred from Circle Baap to Circle Bhopalgarh including the order dated 11.11.2014 vide which he was kept Awaiting Posting Orders and the head office of the petitioner was changed from the Sub Registrar, Cooperative Societies, Jodhpur to the office of the Sub Registrar, Cooperative Societies, Jaisalmer as well as the order dated 14.11.2014 placing the petitioner under suspension. The notice of the petition was issued by this Court vide order dated 20.11.2014. The respondents were duly served. The matter came up for hearing on 8.1.2015....
Gulab Singh Vs. State
Court: Rajasthan Jodhpur
Decided on: Jan-20-2015
{1} IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR :ORDER: Gulab Singh versus The State of Raj. S.B.Criminal Revision Petition No.154 of 1997 under Section 397/401 Cr.P.C.against the judgment dated 24.01.1997 passed by the learned Additional Sessions Judge, No.3, Udaipur in Criminal Appeal No.49/1996 (3/1996) affirming the judgment dated 14.12.1995 passed by the learned Civil Judge (JD) cum Judicial Magistrate, Mavli in Criminal Case No.528/1992 whereby the petitioner was convicted and sentenced for the offence under Section 16/54 of the Rajasthan Excise Act. Date of Order ::: January 20, 2015 Present Hon'ble Mr.Justice Banwari Lal Sharma Mr.Doongar Singh, for the petitioner. Mr.Rajesh Bhati, Public Prosecutor. By the Court: The petitioner has preferred this revision petition against the judgment dated 24.01.1997 passed by the learned Additional Sessions Judge, No.3, Udaipur in Criminal Appeal No.49/1996 (3/1996) affirming the judgment dated 14.12.1995 passed by the learned...
Mahesh Kumar Vs. State
Court: Rajasthan Jodhpur
Decided on: Jan-20-2015
{1} IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR :JUDGMENT: Mahesh Kumar versus The State of Raj. S.B.Criminal Appeal No.502 of 2012 under Section 374(2) Cr.P.C.against the judgment/order dated 10.04.2012 passed by the learned Additional Sessions Judge (Fast Track).No.2, Bikaner in Sessions Case No.96/2010, whereby the appellant-accused was convicted and sentenced for the offences under Sections 397, 394, 307, 450 and 323 IPC. Date of Judgment ::: January 20, 2015 Present Hon'ble Mr.Justice Banwari Lal Sharma Mr.J.Singh Bhati, for the appellant. Mr.Rajesh Bhati, Public Prosecutor. By the Court: The appellant-accused has preferred this appeal against the judgment of conviction and order of sentence dated 10.04.2012 passed by the learned Additional Sessions Judge (Fast Track).No.2, Bikaner in Sessions Case No.96/2010, whereby the appellant-accused was convicted for the offences under Sections 397, 394, 307, 450 and 323 IPC and was sentenced as under:- {2} S.No.Offence under...
Laxmi Narayan Verma (Retd.) Vs. State of Raj. and Ors
Court: Rajasthan Jodhpur
Decided on: Jan-20-2015
[1].IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR ORDER S.B.CIVIL WRIT PETITION NO.2117/2010 Laxmi Narayan Verma versus State of Rajasthan & ORS.Date of order : 20.1.2015 HON'BLE Mr.JUSTICE SANDEEP MEHTA Mr.AK Singh, for the petitioner. Mr.KD Singh, Ms.Kusum Rao, for the respondents. Reportable By way of the instant writ petition, the petitioner seeks to assail the legality and validity of the order (Annex.P3) dated 12.8.2009 whereby, whilst holding the petitioner guilty of departmental delinquency, the penalty of withholding of the full pension was imposed on the petitioner. Facts in brief are that the petitioner was employed as a UDC in the IGNP department of the State the respondent herein. He superannuated from service on 31.12.1999. It is alleged that certain complaints regarding misappropriation of funds, forgery etc.were received against the petitioner and some other engineers working in the IGNP. So far as the petitioner is concerned, it is alleged that during the p...
Mahavir Jain Vs. State (Local Bodies)
Court: Rajasthan Jodhpur
Decided on: Jan-20-2015
1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR :ORDER:1. D.B.CIVIL WRIT PETITION (PIL) No.9730/2011 Mahavir Jain Vs. State of Rajasthan & Ors. 4 D.B.CIVIL WRIT PETITION (PIL) No.3185/2011 Mahavir Jain Vs. State of Rajasthan & Ors. 3 D.B.CIVIL WRIT PETITION (PIL) NO.3054/2011 Mahavir Jain Vs. State of Rajasthan & Ors. 5 D.B.CIVIL CONTEMPT PETITION NO.551/2012 Mahavir Jain Vs. G.S.SANDHU & ORS. DATE OF ORDER :::20. h January 2015 HONBLE THE ACTING CHIEF JUSTICE MR.SUNIL AMBWANI HONBLE MISS JUSTICE JAISHREE THAKUR REPORTABLE Mr.S.P.Sharma for the petitioner Mr.Sandeep Shah ) Mr.S.S.Ladrecha,AAG ) Mr.Ravindra Singh ) Mr.Kuldeep Mathur ) Ms.Kausar Parveen ) for the respondents BY THE COURT: (Per Hon Mr.Sunil Ambwani, Actg.CJ.) 1. We have heard learned counsel appearing for the parties.2. This Writ Petition No.9730/2011 is filed in public interest with the following prayers:- It is, therefore, most respectfully prayed by the petitioner before your Lordship that; this writ petitio...
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