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Rajasthan Jodhpur Court February 2015 Judgments

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Feb 27 2015

Narayan Vs. State

Court: Rajasthan Jodhpur

Decided on: Feb-27-2015

1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR ::: JUDGMENT D.B.Criminal Jail Appeal No.833/2008 Narayan versus State of Rajasthan Date of judgment: 27th Feb., 2015 PRESENT HON'BLE Mr.JUSTICE GOPAL KRISHAN VYAS HON'BLE Mr.ANUPINDER SINGH GREWAL Mr.Shaitan Singh, for the appellant. Mr.J.Bhardwaj, 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 Narayan S/o Pratap, resident of Gangapura, District Bhilwara to challenge the judgment dated 25.9.2008 passed by the learned Addl. Sessions Judge No.1, Bhilwara in Sessions Case No.20/2007 whereby the accused appellant was convicted for offence under Section 302 and 397 IPC. As per the brief facts of the PW-5 Goverdhan Lal, the brother of deceased Ratni filed a written complaint (Ex.P/5) on the spot where the body of the deceased Ratni was lying in the agricultural field of the family of complainant in the village Araniya in which it is stated that hi...


Feb 27 2015

Madan Lal Vs. M/S Jain Bros

Court: Rajasthan Jodhpur

Decided on: Feb-27-2015

CSA No.70/2011 Madan Lal vs. M/s Jain Brothers Judgment dt:27/2/.2015 1/14 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR JUDGMENT Madanlal s/o Shri Mool Chand Tailor vs. M/s Jain Brothers S.B.CIVIL SECOND APPEAL No.70/2011 DATE OF JUDGMENT :27. h February, 2015 PRESENT HON'BLE DR.JUSTICE VINEET KOTHARI Mr.Sanjay Nahar, for the appellant-plaintiff Mr. Dhanesh Saraswat for Mr. Ravi Bhansali, for the respondent-defendant REPORTABLE BY THE COURT :1. The present second appeal has been filed by the plaintiff- landlord being aggrieved by the reversal of judgment & eviction decree dated 12.8.2009 passed by the learned trial court in civil original suit No.33/2007 Madan Lal vs. Jain Brothers vide judgment dated 26.11.2010 of learned Additional District Judge, Gulabpura District Bhilwara in Civil Regular Appeal No.11/2009 M/s Jain Brothers vs. Madanlal.2. The learned trial court passed the eviction decree upon termination of tenancy in respect of the suit shop situated at Gulabpura...


Feb 27 2015

Basanti Lal Vs. State

Court: Rajasthan Jodhpur

Decided on: Feb-27-2015

{1} IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR :Judgment: Basanti Lal versus The State of Raj.S.B. Criminal Appeal No.163 of 2014 under Section 374(2) of Cr.P.C.against the judgment and order dated 26.02.2010 passed by the learned Special Judge, NDPS Cases, Chittorgarh in Sessions Case No.25/2005 whereby he has been convicted and sentenced for the offence under Section 8/18 of the NDPS Act. Date of Judgment ::: February 27, 2015 Present Hon'ble Mr.Justice Banwari Lal Sharma Mr.RS Gill, for the appellant. Mr.LR Upadhyay, Public Prosecutor. By the Court: The appellant has preferred this appeal under Section 374(2) Cr.P.C.against the judgment and order dated 26.02.2010 passed by the learned Special Judge, NDPS Cases, Chittorgarh in Sessions Case No.25/2005 whereby he has been convicted for the offence under Section 8/18 of the NDPS Act and was sentenced to undergo 10 yeaRs.rigorous imprisonment with fine of Rs.1,00,000/-, in default whereof, to further undergo one year's r...


Feb 27 2015

Ranjeet Singh Vs. State

Court: Rajasthan Jodhpur

Decided on: Feb-27-2015

{1} IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR :Judgment: Ranjeet Singh versus The State of Raj.S.B. Criminal Appeal No.370 of 2006 under Section 374(2) of Cr.P.C.against the judgment and order dated 06.03.2006 passed by the learned Special Judge, NDPS Act Cases, Sr.Ganganagar in Criminal Case No.2/2005, whereby the appellant-accused was convicted and sentenced for the offence under Section 8/21 of the NDPS Act. Date of Judgment ::: February 27, 2015 Present Hon'ble Mr.Justice Banwari Lal Sharma Mr.KR Bhati].Mr.KS Lodha]., Amicus Curaie, for the appellant. Mr.LR Upadhyay, Public Prosecutor. By the Court: The appellant has preferred this appeal under Section 374(2) Cr.P.C.against the judgment and order dated 06.03.2006 passed by the learned Special Judge, NDPS Act Cases, Sr.Ganganagar in Criminal Case No.2/2005, whereby the appellant-accused was convicted for the offence under Section 8/21 of the NDPS Act and sentenced to undergo 12 yeaRs.rigorous imprisonment with fine ...


Feb 27 2015

Hadman Ram Vs. State

Court: Rajasthan Jodhpur

Decided on: Feb-27-2015

{1} IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR :Judgment: Hadman Ram versus The State of Raj. S.B.Criminal Appeal No.388 of 2009 Smt. Devli versus The State of Raj. S.B.Criminal Appeal No.467 of 2009 under Section 374(2) of Cr.P.C.against the judgment and order dated 15.05.2009 passed by the learned Additional Sessions Judge (Fast Track).No.2, Jodhpur in Sessions Case No.17/2008 whereby the appellants were convicted and sentenced for the offences under Sections 376, 342 and 376/114 IPC. Date of Judgment ::: February 27, 2015 Present Hon'ble Mr.Justice Banwari Lal Sharma Mr.DS Udawat ].Mr.KR Bhati ]., for the appellants. Mr.LR Upadhyay, Public Prosecutor. By the Court: Since both the appeals have been preferred against the same impugned judgment of conviction and order of sentence, therefore, both these appeals were {2} heard together and are decided by this common judgment. The appellants have preferred these appeals under Section 374(2) Cr.P.C.against the judgment and ...


Feb 25 2015

Omaram @ Om Prakash Vs. Gopi Kishan

Court: Rajasthan Jodhpur

Decided on: Feb-25-2015

S.B.Civil Second Appeal No.169/2006 Omaram @ Om Prakash versus Gopi Kishan Judgement dated 25/02/2015 1 of 5 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR ::: J U D G E M E N T ::: S.B.CIVIL SECOND APPEAL No.169/2006 Omaram @ Om Prakash S/o Pancharam Jat versus Gopi Kishan S/o Mishrilalji Maheshwari Date of Judgement : 25/02/2015. PRESENT HON'BLE Dr. JUSTICE VINEET KOTHARI Appearance: Mr.Shanker S. Rajpurohit on behalf of Mr.Sunil Beniwal, for the appellant/plaintiff. Mr.P.C.Singhvi, for the respondent/defendant. -- BY THE COURT: 1. The appellant/plaintiff, Omaram @ Om Prakash S/o Sh. Pancharam Jat, has preferred the present second appeal u/s 100 of the Code of Civil Procedure, 1908, assailing the judgment and decree dated 21.04.2005 passed by learned Additional District Judge No.2, Jodhpur, in Civil Appeal No.53/2001 (30/2003).Omaram @ Om Prakash versus Gopi Kishan, whereby the appeal filed by the appellant/plaintiff was dismissed while affirming the judgment and decree dat...


Feb 25 2015

Bhanwar Lal Vs. Kalu Ram

Court: Rajasthan Jodhpur

Decided on: Feb-25-2015

S.B.Civil Second Appeal No.290/2009 Bhanwarlal versus Kalu Ram Judgement dated 25/02/2015 1 of 4 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR ::: J U D G E M E N T ::: S.B.CIVIL SECOND APPEAL No.290/2009 Bhanwarlal S/o Dharma Ram, by caste Ghanchi versus Kalu Ram S/o Karma Ji, by caste Sargara. Date of Judgement : 25/02/2015. PRESENT HON'BLE Dr. JUSTICE VINEET KOTHARI Appearance: Mr.Rakesh Arora, for the appellant/plaintiff. Mr.Khet Singh on behalf of Mr.Siddharth Joshi, for the respondent/defendant. -- BY THE COURT: 1. The appellant/plaintiff, Bhanwarlal S/o Sh. Dharma Ram, having lost concurrently before the two courts below, has preferred the present second appeal u/s 100 of the Code of Civil Procedure, 1908, assailing the judgment and decree dated 20.05.2009 passed by learned Additional District Judge (Fast Track).Abu Road, District: Sirhoi, in Civil Appeal No.20/2008- Bhanwarlal versus Kalu Ram, whereby the appeal filed by the appellant/plaintiff was dismissed while af...


Feb 22 2015

Rajendra Cloth Store and Anr Vs. Gopi Kishan

Court: Rajasthan Jodhpur

Decided on: Feb-22-2015

1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR :ORDER: S.B.CIVIL WRIT PETITION NO.6121/2013 Rajendra Cloth Store & Anr. versus Gopi Kishan Date of Order :: 23rd February, 2015 PRESENT HON'BLE Mr.JUSTICE ARUN BHANSALI Mr.D.D.Chitlangi, for the petitioneRs.Mr.Sajjan Singh, for the respondent. ---- BY THE COURT: This writ petition under Article 226 and 227 of the Constitution of India has been filed by the petitioner aggrieved against order dated 08.03.2013 passed by the trial court, whereby, the application filed by the petitioners under Section 114 of the Transfer of Property Act, 1882 ('the Act') has been rejected. The suit was filed by the respondent-plaintiff for eviction of the petitioners from the suit premises; it was, inter alia, indicated in the plaint that the suit property was let out by way of an oral agreement accompanied with delivery of possession; the defendants neither paid nor tendered agreed rent and committed default; a notice dated 27.08.2010 under Sectio...


Feb 20 2015

Roshan Lal Vs. Manoj Kumar and Others

Court: Rajasthan Jodhpur

Decided on: Feb-20-2015

1. This second appeal is arising out of the judgment and decree dated 31-10-2007 passed by the learned Additional District Judge No. 1, Bikaner in Civil Appeal (Decree) No. 49/2007 Manoj Kumar S/o. Sohan Lal and Smt. Bhikhi Devi W/o. Sohan Lal v. Roshan Lal S/o. Jeevraj Sethia and Anr. who allowed the appeal filed by the present respondents-defendants and set aside the judgment and decree dated 19-11-2003 passed by the learned Additional Civil Judge (Senior Division) No. 4, Bikaner in Civil Case No. 93/2001 Roshan Lal S/o. Jeevraj Sethia v. Manoj Kumar S/o. Sohan Lal Pugalia and Smt. Bhikhi Devi W/o. Sohan Lal Pugalia and Anr. by which, the learned Additional Civil Judge (Senior Division) had decreed the suit filed by the appellant-plain-tiff-Roshan Lal seeking perpetual and mandatory injunction in relation to the disputed piece of land, which is a common chowk between the residential houses of the parties, situated at Bhinasar, Sethia Chowk, Bikaner. The present second appeal has been...


Feb 19 2015

Devan Das Vs. State of Rajasthan

Court: Rajasthan Jodhpur

Decided on: Feb-19-2015

The instant criminal appeal has been filed by the appellant Devan Das S/o Nathumal, resident of Pali under Section 374(2) Cr.P.C. to challenge the judgment of conviction and sentence dated 12.8.2005 whereby the Addl. Sessions Judge (Fast Track) No.2, Pali convicted the accused appellant for offence under Sections 376, 363, 323 and 324 IPC and passed the following sentence against him: Under Section 376 IPCLife imprisonment and Rs.1000/- of fine and in default of payment of fine to further undergo 3 years SI.Under Section 363 IPC3 years RI and a fine of Rs.500/- and in default of payment of fine to further undergo 6 months SI.Under Section 324 IPC1 years RI and to pay a fine of Rs.500/- and in default of payment of fine to further undergo 3 months SI.Under Section 323 IPC6 months SI and a fine of Rs.250/- and in default of payment of fine to further undergo 1 months SI. As per the facts of the case an FIR was lodged by the complainant Ramesh Kumar, father of the prosecutrix, who was six...


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