Rajasthan Jodhpur Court April 2015 Judgments
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Kundan Singh Vs. Gokul and Others
Court: Rajasthan Jodhpur
Decided on: Apr-29-2015
This appeal has been filed by the claimant appellant against the judgment passed by the Tribunal. 2. Brief facts of the case are that on 13-1-2008 Alsatian Dog G.S.D., brown coloured, aged about 3 years, when going with his master, near Government school at about 7.00 a.m. for opening the Milk Dairy, no sooner did they reach on the road in Jalam Singh Ka Bas, suddenly a pick up Jeep No. R. J. 14 GA 9766, being driven by its driver rashly and negligently, hit the dog at a fast motion, as a result of which the dog sustained grievous injuries and succumbed to injuries. The s claimant filed a claim petition under Section s 166/140 of MV Act before the Tribunal. Thereafter notices were issued; reply was filed certain issues were framed and after hearing all the parties, the learned Tribunal passed the judgment dated 21-11-2008 dismissing the claim petition filed by the claimant. 3. Being aggrieved by the aforesaid judgment, this appeal has been filed by the claimant. 4. Learned counsel for ...
Ashok Khetoliya Vs. State of Rajasthan and Another
Court: Rajasthan Jodhpur
Decided on: Apr-28-2015
Ajit Singh, J. 1. By this petition the petitioner has prayed for quashing of notification dated 12.8.2014 (Annexure-1), issued by the respondents whereby Gram Panchayat Roopbas, District Bharatpur, has been declared as Municipal Board. 2. The petitioner is resident of village Roopbas and is also an Ex-Sarpanch of that village. According to him, notification dated 12.8.2014 declaring Gram Panchayat Roopbas as Municipal Board is illegal because the same has been issued in utter violation of Article 243Q(2) of the Constitution. The Advocate General on the other hand has strongly defended the validity of notification. 3. The sole question which calls for our consideration is whether notification dated 12.8.2014 (Annexure-1) declaring Gram Panchayat Roopbas as Municipal Board is legal and valid. 4. Part IXA including Article 243Q was inserted into the Constitution by seventy-fourth amendment with effect from 1.6.1993. This Article mandates every State to constitute a Municipality for a tran...
Sarita and Another Vs. Munni Devi
Court: Rajasthan Jodhpur
Decided on: Apr-24-2015
By this criminal misc petition, a challenge is made to the order dated 14.10.2014, passed on the application under section 391 CrPC. The application aforesaid was dismissed as not found maintainable to produce documentary evidence at the appellate stage. Learned counsel for petitioners has referred certain judgments, wherein, it is held that documentary as well as oral evidence can be allowed under section 391 CrPC. In view of above, prayer is made to set aside the impugned order and allow the application. Learned counsel for non-petitioner submits that section 391 CrPC applies only for oral evidence and not for documentary. He has referred judgment of this court in the case of Jugal Kishore versus Roshan Lal , [1999 CrLR(Raj)203]. The prayer is made to dismiss the petition as application under section 391 CrPC is not maintainable to lead documentary evidence. Various paras of the judgment in the case of Jugal Kishore (supra) were referred to show as to why section 391 CrPC is not appl...
Basanti Vs. State and Ors
Court: Rajasthan Jodhpur
Decided on: Apr-19-2015
1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR ORDER S.B.CIVIL WRIT PETITION NO.2522/2015 (Sohan Kanwar Naruka & ORS.versus State of Rajasthan & Ors.) and the annexed schedule. Date of Order :: 20-04-2015 HONBLE Ms.JUSTICE NIRMALJIT KAUR Dr. Nupur Bhati, Mr.Arjun Purohit, Mr.Kailash Jangid, Mr.B.S.Deora, Mr.I.R.Choudhary, Mr.V.R.Choudhary, Mr.Tanwar Singh, Mr.Vikram Singh Rathore, Mr.V.N.Kalla, Mr.Ramniwas Choudhary, Mr.Shree Kant Verma, Mr.Bhupendra Singh, Mr.M.S.Godara, Mr.Rajendra Singh, Mr.Parikshit Nayak, Sukesh Bhati, Arvind Shrimali, Pradeep Choudhary, V.N.Kalla, V.R.Choudhary, Vikas Bijarnia, Sushil Solanki, K.R.Saharan, Vijendra Puri, Mohd. Shakir Khan, Ramdev Potali, R.S.Mankad, B.S.Tanwar, H.S.Sidhu, Ajeet Daiya, Rajendra Singh, S.D.Goswami, Nikhil Dungawat, D.S.Sodha, Khet Singh, JVS Deora, Rakesh Matoria, L.K.Ramdhari, Manish Dadhich, Mahendra Trivedi, N.R.Choudhary, Siddharth Karwasra, Kuldeep Mathur, LS Jodha, Awar Dan Ujjwal, Om Rajpurohit,Kishan Bansal, Dil...
Manakram and Ors Vs. State and Ors
Court: Rajasthan Jodhpur
Decided on: Apr-17-2015
1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR :ORDER : S.B.CIVIL CONTEMPT PETITION No.528/2013 Manakram & ORS.versus C.S.Rajan & ORS.Date of Order :: 17.4.2015 PRESENT HON'BLE Mr.JUSTICE ARUN BHANSALI Mr.Bharat Devasi, for the petitioner/s. Mr.S.S.Rathore, for the respondent/s. ----- BY THE COURT: This contempt petition under Section 12 of the Contempt of Courts Act, 1971 read with Article 215 of the Constitution of India has been filed by the petitioners alleging willful disobedience of the order dated 3.5.2013 passed by this Court in SBCWP No.3989/2013. The petitioners filed SBCWP No.3989/2013 seeking a direction against the respondents for issuance and counter signing of the experience certificate for the period of service rendered by them i.e.for the period 17.4.2010 to 18.4.2013 (03 years and 01 day) or upto last date of completion of the contractual period and award of 30 bonus marks in the head of experience as per norms prescribed in the advertisement for the post ...
Laxman Singh and Ors Vs. Veer Singh and Ors
Court: Rajasthan Jodhpur
Decided on: Apr-17-2015
[1].IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR ORDER S.B.CIVIL REVIEW PETITION No.1/2014 (Laxman Singh (now dead) & ORS.versus Veer Singh & Ors.) IN S.B.CIVIL MISC. APPEAL No.1102/2006 Date of Order: April 17, 2015. PRESENT HON'BLE Mr.JUSTICE P.K.LOHRA, J. Mr.S.P.Sharma, for the petitioneRs.BY THE COURT: Petitioner-appellants have laid this petition under Order XLVII Rule 1 CPC for reviewing judgment rendered by this Court on 6th September 2012 in Civil Misc. Appeal No.1102 of 2006. The bare necessary facts for examining this review petition are that feeling dismayed with the judgment and award dated 27th of September 2004 passed by Motor Accident Claims Tribunal, Jodhpur, the [2].petitioner-appellants preferred appeal before this Court for seeking enhancement of the compensation quantified by the learned Tribunal. This Court, after hearing the rival submissions, partly allowed the appeal by redetermining the compensation for loss of dependency by applying multiplier of 1...
Chatra and Ors Vs. Mahadev Ji and 0rs
Court: Rajasthan Jodhpur
Decided on: Apr-17-2015
1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR :ORDER: S.B.CIVIL WRIT PETITION NO.1604/1996 Chatra & ORS.versus Mahadevji Neel Kanth, Godunda & ORS.Date of Order :: 17th April, 2015 PRESENT HON'BLE Mr.JUSTICE ARUN BHANSALI Mr.Deelip Kawadia, for the petitioneRs.Mr.Sajjan Singh, for the respondents. ---- BY THE COURT: This writ petition is directed against judgment dated 25.08.1995 passed by the Board of Revenue, Ajmer ('Board').whereby, the appeal filed by the petitioners against judgment dated 10.07.1990 passed by the Revenue Appellate Authority, Udaipur ('RAA') and judgment dated 27.12.1988 passed by the Assistant Collector, Head QuarteRs.Udaipur ('the Collector') has been rejected. The respondent filed a suit for declaration of Khudkasht under Section 90 of the Rajasthan Tenancy Act, 1955 ('the Act').eviction of the defendants under Section 183 of the Act from land admeasuring 22 Bighas 14 Biswas situated at Dadiya, Tehsil Gogunda, for injunction under Section 92 and for...
Surendra Vs. State of Rajasthan
Court: Rajasthan Jodhpur
Decided on: Apr-15-2015
M.N. Bhandari, J. 1. By this criminal misc. petition, a challenge is made to the order dated 16.12.2014, whereby, application submitted by the petitioner under section 306 Cr.P.C. for pardon was dismissed as was filed without first making a request to the prosecution to examine the petitioner as their witness. 2. It is stated that dismissal of the application is not proper. The court should have first sent it to the prosecution for their comments and thereupon to decide the application. The court dismissed the application mainly on the ground that before filing it, prosecution was not requested to produce accused-applicant as their witness. The court failed to consider scope of section 306 Cr.P.C. while passing the order, thus impugned order may be quashed with a direction to the court below to accept the application. To appreciate the scope of section 306 Cr.P.C., this court requested Mr. Mahendra Singh, learned Advocate to assist the court. 3. Learned counsel Mr. Mahendra Singh refer...
Sumit Manchanda Vs. Appellate Rent Tribunal, Kota and Others
Court: Rajasthan Jodhpur
Decided on: Apr-13-2015
1. We have heard learned Senior Counsel appearing for the appellant. 2. This D.B. Civil Special Appeal(W) No. 266/2015, is directed against the judgment of learned single Judge, dated 15-1-2015, by which he has upheld the order passed by the Rent Appellate Tribunal, Kota, whereby the petition for eviction of the appellant from the disputed shop, was allowed on the ground of bona fide need of the landlord. 3. The Rent Appellate Tribunal recorded for finding that apart from bona fide need, which was established, the tenant had also denied the title of the land, which alone was sufficient to pass the eviction order. 4. It is submitted that shop Nos. 4 and 5 in the same premises, owned by the respondent-landlord, were sold by him prior to filing of the eviction petition in the year 2003. The findings that these two shops belonged to his family members, which were sold by them, is erroneous, inasmuch as these two shops were also owned by the landlord. On the plea that the landlord also, own...
Raj. Pub. Ser. Commission Ajmer Vs. Jogaram and Ors
Court: Rajasthan Jodhpur
Decided on: Apr-10-2015
1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR (1) D.B.Civil Special Appeal No.1695/2014 Chandu Parihar & anr. V/s State of Rajasthan & ors. (2) D.B.Civil Special Appeal No.1696/2014 Lalit Kumar Bishnoi & ors. V/s State of Rajasthan & ors. (3) D.B.Civil Special Appeal (Writ) No.75/2015 Raj.Public Service Commission V/s Bhanwar Lal & anr. (4) D.B.Civil Special Appeal (Writ) No.121/2015 Raj.Public Service Commission V/s Tara Chand Dular & ors. (5) D.B.Civil Special Appeal (Writ) No.122/2015 Raj.Public Service Commission V/s Ravindra Mohan & ors. (6) D.B.Civil Special Appeal (Writ) No.123/2015 Raj.Public Service Commission V/s Jogaram & ors. (7) D.B.Civil Special Appeal (Writ) No.124/2015 Raj.Public Service Commission V/s Rajendra Prasad & anr. (8) D.B.Civil Special Appeal (Writ) No.131/2015 Raj.Public Service Commission V/s Balwant Singh & anr. (9) D.B.Civil Special Appeal (Writ) No.132/2015 Raj.Public Service Commission V/s Lokendra Kumar & anr. Date of Judgment::- 10.04.201...
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