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Rajasthan Jodhpur Court July 2015 Judgments

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Jul 31 2015

Sohan Lal and Ors Vs. State and Ors

Court: Rajasthan Jodhpur

Decided on: Jul-31-2015

1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR :ORDER: S.B.CIVIL WRIT PETITION NO.3104/1997 Shri Sohan Lal & ORS.versus State of Raj. & ORS.Date of Order :: 31st July, 2015 PRESENT HON'BLE Mr.JUSTICE ARUN BHANSALI Mr.M.S.Singhvi Senior Advocate assisted by Mr.Vineet Dave, for the petitioneRs.Mr.O.P.Boob, Govt. Counsel for the respondents- ---- BY THE COURT: This writ petition has been filed by the petitioners aggrieved against order dated 01.04.1997 (Annexure-19) passed by the State Government, notices dated 29.05.1991 (Annexure-16) and 20.12.1995 (Annexure-17) issued by the State Government and for quashing of the proceedings pending pursuanct to the notices. The matter in question has got a chequered history; in the writ petition it is, inter alia, claimed that petitioners owned certain pieces of land in various Chaks in undivided District Sr.Ganganagar; they were Khatedar-tenants of the lands falling in the said Chaks; during the settlement operations, Khatedars surrende...


Jul 31 2015

Ramesh Purohit Vs. State of Raj. and Ors

Court: Rajasthan Jodhpur

Decided on: Jul-31-2015

1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR ORDER S.B.CIVIL WRIT PETITION NO.14093/2013 Ramesh Purohit versus The State of Rajasthan & ORS.Date of order : 31.7.2015 HON'BLE Mr.JUSTICE SANDEEP MEHTA Mr.Rajat Arora, for the petitioner. Ms.Shweta Bora for Mr.Anil Bissa, AGC, for the respondents. By way of the instant writ petition, the petitioner has approached this Court assailing the legality and validity of the memorandum of charges and charge-sheet (Annex.16) dated 29.10.2013 whereby disciplinary proceedings were initiated under Rule 16 of the CCA Rules, 1958 against the petitioner and to direct the respondents to forthwith release the pensionary and retiral benefits of the petitioner. Facts in brief are that, after summoning the name of the petitioner and numerous other persons from the Employment Exchange Ajmer, an appointment order (Annex.4) dated 29.6.1979 was issued by the respondent Medical and Health 2 Department offering appointment to the aspirants on the post...


Jul 31 2015

Murad Ali Mehar Vs. the New India Assurance Company Ltd. and O

Court: Rajasthan Jodhpur

Decided on: Jul-31-2015

S.B.Civil Writ Petition No.8888/2014 Murad Ali Mehar versus The New India Assurance Co.LTD.& ORS.[1].IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR ORDER S.B.CIVIL WRIT PETITION NO.8888/2014 Murad Ali Mehar versus The New India Assurance Company LTD.& ORS.Date of order : 31.7.2015 HON'BLE Mr.JUSTICE SANDEEP MEHTA Mr.Anil Bhandari, for the petitioner. Mr.Jagdish Vyas, for the respondents. Through this writ petition, the petitioner Murad Ali Mehar has approached this Court praying for the following relief:- I. The communication dated 13.11.2014 (Anx11) may kindly be quashed to the extent the respondents seek to make payment of provident fund of Companys contribution with interest. II. The respondents may be directed to treat the petitioner to have opted for pension under Pension Scheme, 1995. III. The respondents may kindly be further directed to release the amount of monthly pension, arrears of pension, commutation of pension, petitioners own contribution towards provident fu...


Jul 31 2015

Smt. Chandra Lunkar Vs. State of Raj. and Ors

Court: Rajasthan Jodhpur

Decided on: Jul-31-2015

1 S.B.Civil Writ Petition No.1615/2010 Smt.Chandra Lunkar versus The State of Rajasthan & ORS.IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR ORDER S.B.CIVIL WRIT PETITION NO.1615/2010 Smt.Chandra Lunkar versus The State of Rajasthan & ORS.Date of order : 31.7.2015 HON'BLE Mr.JUSTICE SANDEEP MEHTA Mr.MR Singhvi Sr.Advocate with Mr.Bhavit Sharma, for the petitioner. Mr.SM Toshniwal, AGC, for the respondents. By way of the instant writ petition, the petitioner seeks a direction to be issued to the respondents to reimbuRs.the medical expenses borne by her late husband Sh.Man Mohan Lunkar for the treatment, which he had to undergo in an emergent condition at the Bombay Hospital, Mumbai in 2004. The petitioners husband Sh.Man Mohan was posted as Jr.Engineer in the Irrigation Department at the relevant point of time. On 12.3.2004, he submitted a leave application for proceeding to Mumbai for visiting his ailing younger brother. The leave application was accepted and leave was sanct...


Jul 31 2015

State Vs. Gopal

Court: Rajasthan Jodhpur

Decided on: Jul-31-2015

STATE OF RAJASTHAN VS. GOPAL (S.B.CRIMINAL LEAVE TO APPEALNO.170/15) 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR ORDER STATE OF RAJASTHAN VS. GOPAL (S.B.CRIMINAL LEAVE TO APPEAL NO.170/15) Dated :31. 7.15. HON'BLE MR.JUSTICE SANGEET LODHA Mr. A.S.Rathore, 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 1.4.15 passed by the Additional Sessions Judge, Shahpura in Sessions Case No.94/09, acquitting the accused- respondent of the charges for the offences under Sections 307, 325, 324, 323 read with Section 34 IPC.3. Precisely, the prosecution case is that on 23.6.09, the informant-Ram Kishan submitted a written report (Ex.P-1) at Police Station, Shahpura, with the allegations that while his father Ugma s/o Bholu Gurjar, resident of Kansa Khera was engaged in planting thor (a cactus like shrub) at his STATE OF RAJASTHAN VS. GOPAL (S.B.CRIM...


Jul 24 2015

Om Prakash Vs. Smt. Sashi and Anr

Court: Rajasthan Jodhpur

Decided on: Jul-24-2015

-1- IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR. ORDER S.B. CIVIL FIRST APPEAL NO.646/2011 (Om Prakash v. Smt. Shashi & Anr.) Date of Order ::24. h July, 2015 PRESENT HON'BLE MR.JUSTICE GOVIND MATHUR HON'BLE MR.JUSTICE GOPAL KRISHAN VYAS HON'BLE MR.JUSTICE ARUN BHANSALI Mr. R.R.Nagori, Senior Advocate, assisted by Mr. Alkesh Agarwal, Mr. B.L.Choudhary, for the appellant. Mr. Ashok Chhangani, for the respondents. .... BY THE COURT : The regular first appeal preferred to assail the judgment and decree dated 13.12.1999, passed by learned Additional District Judge No.3, Jodhpur, was reported to be barred by limitation from 33 days'. The appellant-defendant contested the office report with assertion that an application to have certified copy of the judgment and decree was submitted on 21.12.1999. The certified copy was to be delivered on 22.12.1999, however, being not prepared on that day the same was given on 27.3.2000. Prior to that no other date of delivery of copy was notif...


Jul 24 2015

Anirudh Azad Vs. State and Anr

Court: Rajasthan Jodhpur

Decided on: Jul-24-2015

S.B.CRIMINAL MISC. PETITION NO.1967/2015 Anirudh Azad V/S State of Rajasthan & Anr. 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR ORDER S.B.CRIMINAL MISC. PETITION NO.1967/2015 Anirudh Azad V/S State of Rajasthan & Anr. Date of order : 24.07.2015 PRESENT HON'BLE Mr.JUSTICE VIJAY BISHNOI Mr.Iqbal Sherani, for petitioner. Mr.O.P.Rathi, Public Prosecutor. Mr.M.R.Bishnoi, for respondent No.2. Mr.Anirudh Azad, petitioner present in person. Ms.Shilpa Trivedi, respondent No.2 present in person. BY THE COURT:- This criminal misc. petition under Section 482 Cr.P.C.has been preferred by the petitioner with the prayer for quashing the proceedings pending against him before Additional Chief Metropolitan Magistrate No.6, Jodhpur Metropolitan (hereinafter referred to as 'the trial court') in Criminal Original Case No.291/2012 - State versus Anirudh Azad (arising out of C.R.No.220/2011 dated 08.08.2011 of Police Station, Mahila Thana, District Jodhpur).whereby the trial court vide order ...


Jul 24 2015

Dinesh Chandra Somani Vs. Motor Accidents Claims Tribunal, Bhilwara an ...

Court: Rajasthan Jodhpur

Decided on: Jul-24-2015

By the Court: This writ petition has been filed by the petitioner aggrieved against order dated 20.11.2000 passed by Motor Accidents Claims Tribunal, Bhilwara ('the Tribunal'), whereby, the findings have been recorded against the petitioner and the Tribunal has directed summoning of the petitioner for enquiry under Section 340 Cr.P.C. The petitioner, an Advocate, represented one Harak Lal in a petition for compensation under Section 166 of the Motor Vehicles Act, 1988 ('the Act'). During the pendency of the petition, an application came to be filed by the insurer Oriental Insurance Company Limited, inter alia, contending that the claimant had received a sum of Rs. 1,61,724/- for the damage to the Jeep by filing Complaint No. 2/1998 before the District Consumer Disputes Redressal Forum, Bhilwara ('District Forum'); on account of receipt of cheque towards compensation, the claim petition was not maintainable and it was prayed that as the claimant has suppressed the fact and has filed the...


Jul 17 2015

Agara Ram Vs. State

Court: Rajasthan Jodhpur

Decided on: Jul-17-2015

-1- IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR. JUDGMENT Agara Ram versus State of Rajasthan D.B.Criminal Appeal No.79/2006 against the judgment dated 16.1.2006 passed by Additional Sessions Judge (Fast Track).Jalore Camp Bhinmal, in Sessions Case No.39/2005 (15/2005).Date of Judgment :: 17th July, 2015 P R E S E N T HON'BLE Mr.JUSTICE GOVIND MATHUR HON'BLE MISS JUSTICE JAISHREE THAKUR Mr.G.R.Punia, Senior Advocate, assisted by Mr.Dinesh Jyani, for the appellant. Mr.J.P.Bhardwaj, Public Prosecutor, for the State...BY THE COURT : (PER HON'BLE MATHUR,J.) By judgment dated 16.1.2006 learned Additional Sessions Judge (Fast Track).Jalore Camp Bhinmal, recorded conviction of accused appellant Agara Ram son of Bhagwana Ram for the offences punishable under Sections 302 and 341 Indian Penal Code and sentenced him as under :- u/S.341 IPC One month's simple imprisonment. u/S.302 IPC Life imprisonment with a fine of Rs.1000/- and in default of payment of fine further to undergo th...


Jul 15 2015

Samela and Ors Vs. State and Ors

Court: Rajasthan Jodhpur

Decided on: Jul-15-2015

1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR1 D.B.Civil Special Appeal No.185/2001 Tara & ors. V/s State of Rajasthan & anr.2. D.B.Civil Writ Petition No.266/1996 Mahant Damodar Dass & ors.V/s State of Rajasthan 3. D.B.Civil Writ Petition No.2309/1996 Samela & ors. V/s State of Rajasthan & ors.4. D.B.Civil Special Appeal No.444/2004 State of Rajasthan & anr. V/s Board of Revenue & ors.5. D.B.Civil Writ Contempt Petition No.323/2007 Mahant Damodar Dass Chaila V/s Jagdish Prasad Garg, RTS Prabhudas & anr.6. D.B.Civil Special Appeal No.1048/2007 Shri Shanti Nath Ji Sthan Deh V/s The State of Raj. & ors.7. D.B.Civil Special Appeal No.947/2012 Ram Karan & ors. V/s State of Raj. & ors.8. D.B.Civil Special Appeal No.948/2012 Kishan Lal & Ors. V/s State of Raj. & ors.9. D.B.Civil Special Appeal No.949/2012 Ram Narain & Ors. V/s State of Raj. & ors.10. D.B.Civil Special Appeal No.950/2012 Thandi & Anr. V/s Board of Revenue, Ajmer & ors.11. D.B.Civil Special Appeal No.951/2012 Ladu...


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