Rajasthan Jodhpur Court October 2015 Judgments
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State Vs. Babla
Court: Rajasthan Jodhpur
Decided on: Oct-31-2015
STATE OF RAJASTHAN VS. BABLA (S.B.CRIMINAL LEAVE TO APPEAL NO.257/15) 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR ORDER STATE OF RAJASTHAN VS. BABLA (S.B.CRIMINAL LEAVE TO APPEAL NO.257/15) Date of Order :31. 10.15. HON'BLE MR.JUSTICE SANGEET LODHA Mr. M.S. Panwar, Public Prosecutor.1. Heard learned Public Prosecutor and perused the record.2. This leave to appeal u/s. 378 Cr.P.C. has been filed by the State, aggrieved by the judgment and order dated 19.5.15 passed by the Additional Sessions Judge (Women Atrocities Cases), Udaipur, in Sessions Case No.21/13 (CIS No.687/14), acquitting the accused-respondent of the charges for the offences under Sections 376, 342, 323, 506 IPC .3. The brief facts of the case are that the complainant filed a complaint before the Judicial Magistrate, Gogunda on 1.6.12, stating that on 15.5.12 her daughter, who is 12 years of age had gone to the hills for grazing cattles but returned home weeping at about 12.00 PM and revealed that accused-Ba...
Keshri Chand Vs. Shodai @ Soidai @ Savitri and Anr
Court: Rajasthan Jodhpur
Decided on: Oct-30-2015
S.B.CIVIL REVISION PETITION NO.169/2015 Keshri Chand versus Shodai alias Soidai alias Savitri alias Savidi & Anr. Order, Friday dated 30.10.2015 1/4 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR. :: ORDER :: S.B.CIVIL REVISION PETITION NO.169/2015 Keshri Chand s/o Rewat Ram Brahmin versus Shodai @ Soidai @ Savitri @ Savidi d/o Mahadeo Pandya Date of Order ::: Friday, 30th October, 2015. PRESENT HON'BLE DR. JUSTICE VINEET KOTHARI APPEARANCE:- Mr.M.S.Rajpurohit for the defendant No.1-petitioner. BY THE COURT : 1. The present revision petition has been filed by the defendant No.1, Keshri Chand s/o Rewat Ram under Section 115 of the Code of Civil Procedure against the order dated 16.07.2015 passed by the learned Additional District Judge, Churu in Civil Original Suit No.73/2014 (48/2014) Sheodai @ Sheodevi @ Savitri @ Savidi versus Keshrichand & Anr., rejecting the application under Order 7 Rule 11 CPC filed by the defendant-petitioner. 2. The reasons assigned by the learned t...
Smt. Sita Devi Vs. Chandra Singh @ Ramchandra
Court: Rajasthan Jodhpur
Decided on: Oct-28-2015
S.B.CIVIL MISC. APPEAL NO.2103/2015 Smt. Sita Devi versus Chandra Singh @ Ramchandra 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR JUDGMENT S.B.CIVIL MISC. APPEAL NO.2103/2015 Smt. Sita Devi versus Chandra Singh @ Ramchandra Date of Judmgnet : 28.10.2015 PRESENT HON'BLE MR JUSTICE VIJAY BISHNOI Mr O.P.Mehta, for the appellant BY THE COURT: This appeal has been filed by appellant being aggrieved with the order dated 07.10.2015 passed by learned Additional District Judge No.4, Jodhpur Metropolitan (for short 'the trial court' hereinafter) whereby the application filed by the appellant under Order 39 Rule 1 and 2 read with section 151 CPC has been dismissed. Brief facts of the case are that the appellant filed a suit for partition before the trial court while claiming that Patta No.484 was issued in favour of her father Bhanu Lal and brother Ramchandra for plot No.20 situated at Ram Mohalla, Jodhpur S.B.CIVIL MISC. APPEAL NO.2103/2015 Smt. Sita Devi versus Chandra Singh @ Ram...
Shiv Narayan Vs. State Through D.C.Bhilwara and Anr
Court: Rajasthan Jodhpur
Decided on: Oct-28-2015
1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR JUDGMENT S.B.CIVIL MISC.APPEAL NO.296/2014 Shiv Narayan versus State of Rajasthan & Anr. Date of judgment : 28.10.2015 PRESENT HON'BLE Mr.JUSTICE VIJAY BISHNOI Mr.N.K.Rastogi for the appellant. Dr. Sachin Acharya for the respondent. Mr.Bhanwar Singh Bhati, Secretary, Gram Panchayat, Bijoliya, Bhilwara present in person. BY THE COURT:- This misc. appeal has been filed by the appellant being aggrieved with the order dated 21.11.2013 passed by the Additional District Judge No.1, Bhilwara (hereinafter referred to as 'the trial court') whereby the application filed by the appellant under Order 39 Rule 1 and 2 read with Section 151 C.P.C.for granting temporary injunction against the non-petitioner has been dismissed. The appellant preferred the said application for temporary injunction along with a suit filed before the trial court for granting decree of specific performance, declaration and permanent injunction under Order 7 Rule 1 ...
Abdul Aziz Gauri Vs. State and Ors
Court: Rajasthan Jodhpur
Decided on: Oct-27-2015
1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR JUDGMENT Abdul Aziz Gauri vs. The State of Rajasthan & ors. D.B. Civil Special Appeal No.1231/2014 under Rule 134 of the Rajasthan High Court Rules, 1952 against the order dated 23.5.2014 passed by learned Single Judge in S.B.Civil Writ Petition No.1231/2012. Date of Judgement :27. 10.2015 PRESENT HON'BLE MR. JUSTICE GOVIND MATHUR HON'BLE MISS JUSTICE JAISHREE THAKUR. Mr. Mahesh Bora, Senior Advocate assisted by Ms. Meenu Purohit,Advocate, for the petitioner. Mr. K.L. Thakur, Additional Advocate General with Mr. Rishabh Tayal and Mr. K.L. Vishnoi, for the respondents. BY THE COURT:(Per Hon'ble Ms. Jaishree Thakur,J.) 1. The present appeal has been filed to challenge the judgment dated 23.5.2014 passed in S.B. Civil Writ Petition No.1231/2012 dismissing the writ petition filed seeking to quash an order dated 19.1.2012 granting sanction to prosecute the appellant-petitioner herein.2. Brief facts of the case are that the appellant...
State of Raj. and Ors Vs. Karu Lal Meena
Court: Rajasthan Jodhpur
Decided on: Oct-26-2015
[1]. DBSAW- 126/2015 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR JUDGMENT D.B. CIVIL SPECIAL APPEAL(WRIT) NO.126/2015 IN S.B. CIVIL WRIT PETITION NO.2150/2007 THE STATE OF RAJASTHAN & ORS. Vs. KARU LAL MEENA DATE:26.10.2015 HON'BLE MR.JUSTICE AJIT SINGH, ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE ARUN BHANSALI Mr.K.L.Thakur, Additional Advocate General with Mr.Rishab Tayal for the appellants. Mr.Kuldeep Mathur for the respondent. ***** Heard on admission.2. This intra-Court appeal by the State is directed against the order dated 15.04.2014 passed by the learned Single Judge of this High Court, whereby he has disposed of respondent's S.B. Civil Writ Petition No.2150/2007.3. On 01.01.1996, the appellants appointed the respondent on daily wage for 90 days on the post of Hand Pump Mistry. He was then allowed to continue on that post even thereafter. Not only this, vide order dated 05.06.1998, appellant No.4 appointed the respondent on probation for two years in the pay scale of ...
State of Raj. and Ors Vs. Hawji Meena
Court: Rajasthan Jodhpur
Decided on: Oct-26-2015
[1]. DBSAW- 125/2015 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR JUDGMENT D.B. CIVIL SPECIAL APPEAL(WRIT) NO.125/2015 IN S.B. CIVIL WRIT PETITION NO.2030/2007 THE STATE OF RAJASTHAN & ORS. Vs. HAWJI MEENA DATE:26.10.2015 HON'BLE MR.JUSTICE AJIT SINGH, ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE ARUN BHANSALI Mr.K.L.Thakur, Additional Advocate General with Mr.Rishab Tayal for the appellants. Mr.Kuldeep Mathur for the respondent. ***** Heard on admission.2. This intra-Court appeal by the State is directed against the order dated 07.05.2014 passed by the learned Single Judge of this High Court, whereby he has disposed of respondent's S.B. Civil Writ Petition No.2030/2007.3. On 01.01.1996, the appellants appointed the respondent on daily wage for 90 days on the post of Hand Pump Mistry. He was then allowed to continue on that post even thereafter. Not only this, vide order dated 05.06.1998, appellant No.4 appointed the respondent on probation for two years in the pay scale of Rs....
Baldev Singh Vs. State and Ors
Court: Rajasthan Jodhpur
Decided on: Oct-26-2015
-1- IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR. JUDGMENT D.B.Civil Special Appeal (Writ) No.209/2015 Baldev Singh v. State of Rajasthan & ORS.Date of Judgment :: 26th October, 2015 P R E S E N T HON'BLE MR.JUSTICE GOVIND MATHUR HON'BLE MISS JUSTICE JAISHREE THAKUR Mr.Himmat Jagga, for the appellant. Dr. Pratishtha Dave, Additional Government Advocate...BY THE COURT : (PER HON'BLE MATHUR,J.) REPORTABLE By judgment impugned dated 14.1.2015, learned Single Bench dismissed the petition for writ preferred by the appellant petitioner questioning correctness of the judgment dated 25.10.2001 passed by Rajasthan Civil Services Appellate Tribunal, Jaipur. Learned Tribunal by judgment aforesaid affirmed the order dated 9.8.2000 retiring the appellant petitioner compulsorily. In brief, factual matrix necessary to be noticed is that the appellant entered in services of State of Rajasthan on 21.12.1973 being appointed as Patwari. By an order dated 9.8.2000 the Collector, Sriganganagar,...
Mohd.Hanif Vs. R.F.C. and Ors
Court: Rajasthan Jodhpur
Decided on: Oct-26-2015
S.B. CIVIL FIRST APPEAL No.158/2014. Mohd. Hanif Vs. R.F.C. & Ors. .. Judgment, Monday, dated 26.10.2015 1/16 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR. :: JUDGMENT :: S.B. CIVIL FIRST APPEAL No.158/2014. Mohammed Hanif S/o Ahmed Ji Vs. Rajasthan Financial Corporation & Ors. .. Date of Judgment ::::: Monday, 26th October, 2015. PRESENT HON'BLE Dr. JUSTICE VINEET KOTHARI Appearance: Mr. Arvind Samdariya, for the appellant. Mr. Rakesh Sinha, for the respondents. BY THE COURT: (Oral) 1. The appellant-plaintiff Mohd. Hanif S/o Ahmedji has filed the present first appeal under Section 96 of the Code of Civil Procedure aggrieved by the rejection of his suit by the learned Additional District Judge No.2, Bhilwara on 04.03.2014 dismissing the Suit No.117/2011 (53/2008) which was filed by the plaintiff-appellant Mohd. Hanif seeking cancellation of the sale deed of his industrial unit which was executed by the defendants-Rajasthan Financial Corporation ('RFC') in favour of the def...
Smt.Shyama Vs. Prithvi Singh and Ors
Court: Rajasthan Jodhpur
Decided on: Oct-09-2015
1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR :JUDGMENT: S.B.CIVIL FIRST APPEAL NO.314/2009 Smt.Shyama Vs Prithvi Singh & Ors. Date of Judgment ::9. h October 2015 PRESENT HON'BLE MR.JUSTICE P.K.LOHRA Mr.Mahesh Thanvi for the appellant Mr.S.M.Parihar with Mr.Vinay Shrivastava for respondent No.1 Dr.Sachin Acharya for respondent Nos.4 & 5. Reportable BY THE COURT: Unsuccessful in her pursuit for cancellation of adoption deed in favour of the first respondent and partition of property, a biological daughter of late Shivram Tak, the appellant-plaintiff has preferred this first appeal under Section 96 of the Code of Civil Procedure, 1908 (for short CPC). The facts apposite for the purpose of this appeal are that appellant-plaintiff laid a civil suit for partition of the immoveable property, injunction and for declaration of adoption deed dated 16.06.1992 as nullity. By the said adoption deed, late Shivram Tak and his wife Shanti Devi adopted first respondent as their son. At t...
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