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Rajasthan Jodhpur Court September 2015 Judgments

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Sep 24 2015

Lalit Kumar Vs. State and Anr

Court: Rajasthan Jodhpur

Decided on: Sep-24-2015

S.B.CRIMINAL MISC. PETITION NO.2511/2015 Lalit Kumar Regar V/S State of Rajasthan & Anr. 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR ORDER S.B.CRIMINAL MISC. PETITION NO.2511/2015 Lalit Kumar Regar V/S State of Rajasthan & Anr. Date of Order : 24.09.2015 PRESENT HONBLE MR.JUSTICE VIJAY BISHNOI Mr S.K.Verma, for petitioner. Mr Vikram Singh Rajpurohit, Public Prosecutor. Mr Deepak Agarwal, for respondent No.2. BY THE COURT :- This Criminal Misc. Petition under Section 482 Cr.P.C.has been filed by the petitioner for quashing the proceedings pending against him before the Judicial Magistrate No.3, Bikaner (hereinafter referred to as 'the trial court') in Criminal Case No.60/2013 (State V/s. Lalit Kumar).whereby the trial court vide order dated 24.07.2015 has refused to attest the compromise for the offence punishable under Section 498-A IPC as the same is not compoundable. Brief facts of the case are that on a complaint filed at the instance of respondent No.2 before the tri...


Sep 24 2015

Shalivahan Singh and Ors Vs. State and Anr

Court: Rajasthan Jodhpur

Decided on: Sep-24-2015

S.B.CRIMINAL MISC. PETITION NO.1619/2015 Shalivahan Singh & ORS.V/S State of Rajasthan & Anr. 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR ORDER S.B.CRIMINAL MISC. PETITION NO.1619/2015 Shalivahan Singh & ORS.V/S State of Rajasthan & Anr. Date of Order : 24.09.2015 PRESENT HONBLE MR.JUSTICE VIJAY BISHNOI Mr Devesh Bohra, for petitioneRs.Mr Vikram Singh Rajpurohit, Public Prosecutor. Mr Gaurav Singh, for respondent No.2. BY THE COURT :- The matter comes up on an application (S.B.Criminal Misc. Application No.83/2015) preferred on behalf of the respondent No.2 for preponding the date. For the reasons stated in the application, the application (S.B.Criminal Misc. Application No.83/2015) is allowed. With the consent of learned counsel for the parties the matter is heard finally. This Criminal Misc. Petition under Section 482 Cr.P.C.has been filed by the petitioners with a prayer for quashing the FIR No.76/2015 dated 02.06.2015 of Women Police Station, S.B.CRIMINAL MISC. PETIT...


Sep 23 2015

Kanju Mia Vs. Daulat Khan and Ors

Court: Rajasthan Jodhpur

Decided on: Sep-23-2015

S.B. CIVIL MISC. APPEAL NO.1514/2013 Kanju Mia Vs. Daulat Khan & Ors. Order, Wednesday, dated 23.09.2015. 1/6 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR. :: ORDER :: S.B. CIVIL MISC. APPEAL NO.1514/2013 Kanju Mia s/o Mohammed Mia Vs. Daulat Ram s/o Lal Khan Musalman & Ors. Date of Order ::: Wednesday, 23rd September, 2015. PRESENT HON'BLE DR. JUSTICE VINEET KOTHARI APPEARANCE:- Mr.Hari Singh for the applicant-appellant. 1. By the impugned order dated 27.04.2013, the learned District Judge, Chittorgarh has refused to admit the petition filed by the appellant under the provisions of the Provincial Insolvency Act, 1920 finding that the petition was not worth admission, as the appellant-applicant had failed to furnish the details of his debts and outstanding dues and the particulars of the property owned by him, which he was ready to place at the disposal of the court concerned for distribution amongst his creditors pro rata, therefore, the contents as required to be given i...


Sep 23 2015

Smt. Umiya Devi Vs. Mohd. Kasam and Ors

Court: Rajasthan Jodhpur

Decided on: Sep-23-2015

S.B.CIVIL SECOND APPEAL NO.173/2013 Smt.Umiya Devi versus Mohd. Kasam & ORS.Order, Tuesday, dated 22.09.2015. 1/5 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR. :: JUDGMENT :: S.B.CIVIL SECOND APPEAL NO.173/2013 Smt.Umiya Devi w/o Late Shri Balu Ram versus Mohd. Kasam s/o Shri Abdul Kareem & ORS.Date of Order ::: Tuesday, 22nd September, 2015. PRESENT HON'BLE DR. JUSTICE VINEET KOTHARI Mr.V.L.Thanvi for the defendant No.1-appellant. Mr.D.S.Rajvi for the plaintiffs & defendant No.2-respondents-JDA 1. The present appeal has been filed against the judgment and decree dated 15.07.2013 passed by the learned District Judge, Jodhpur in Civil Appeal Decree No.25/2012 Smt.Umiya Devi versus Mohd. Kasam & Ors., partly reversing the judgment and decree dated 01.05.2012 passed by the learned Civil Judge (Senior Division).Jodhpur District in Civil Original Suit No.279/2011 (60/2009) Mohd. Kasam & ORS.versus Smt.Umiya Devi & Anr. 2. The suit filed by the plaintiff-respondent came to be ...


Sep 22 2015

Nathu Dan and Ors Vs. Deepa Ram and Anr

Court: Rajasthan Jodhpur

Decided on: Sep-22-2015

S.B. Civil Second Appeal No.240/2011 Nathu Dan & Ors. Vs. Deepa Ram & Anr. & S.B. Civil Second Appeal No.184/2011 Nathu Dan & Ors. Vs. Deepa Ram & Anr. Judgment, Tuesday, 22/09/2015. 1/9 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR :: JUDGMENT :: (1) S.B. Civil Second Appeal No.240/2011 Nathu Dan & Ors. Vs. Deepa Ram & Anr. & (2) S.B. Civil Second Appeal No.184/2011 Nathu Dan & Ors. Vs. Deepa Ram & Anr. Date of Judgment ::: Tuesday, 22/09/2015. PRESENT HON'BLE Dr. JUSTICE VINEET KOTHAiiiRI Mr. Salil Trivedi on behalf of Mr. Sajjan Singh, for the appellants. Mr. Sunil Beniwal, for the respondents. -- BY THE COURT (ORAL):1. The appellants/defendants have preferred these two second appeals under Section 100 of CPC, 1908, assailing the judgment and decree dated 05.04.2006 passed by learned Additional District Judge, Deedwana, in Civil Appeal No.72A/99 (06/94)-Bhagwanaram & Anr. Vs. Nathudan & Ors. and Civil Appeal 76/99 (14/94)- Nathudan & Ors. Vs. S.B. Civil Second Appeal No.2...


Sep 22 2015

Amar Singh Vs. State and Anr

Court: Rajasthan Jodhpur

Decided on: Sep-22-2015

S.B.CRIMINAL MISC. PETITION NO.1670/2015 Amar Singh V/S State of Rajasthan & Anr. 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR ORDER S.B.CRIMINAL MISC. PETITION NO.1670/2015 Amar Singh V/S State of Rajasthan & Anr. Date of order : 22.09.2015 PRESENT HON'BLE Mr.JUSTICE VIJAY BISHNOI Mr Vineet Jain, for petitioner. Mr O.P.Rathi, Public Prosecutor. Mr Bharat Shrimali, for respondent No.2. 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.1, Jodhpur Metropolitan (hereinafter referred to as 'the trial court') in Criminal Regular Case No.71/2015 (State of Rajasthan versus Amar Singh).whereby the trial court vide order dated 15.06.2015 has attested the compromise for the offence punishable under Section 420 IPC but refused to attest the compromise for the offences punishable under Sections 384, 467, 467 S.B.CR...


Sep 22 2015

Shyam Lal Vs. Ram Dev

Court: Rajasthan Jodhpur

Decided on: Sep-22-2015

S.B. Civil Second Appeal No.102/1998 Shyamlal Vs. Ramdeo Kolayat Judgment, Tuesday, 22/09/2015. 1/17 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR :: JUDGMENT :: S.B. Civil Second Appeal No.102/1998 Shyamlal S/o Premchand, by caste Sharma Vs. Ramdeo Kolyawat S/o Bastiram, by caste Modi Date of Judgment ::: Tuesday, 22/09/2015. PRESENT HON'BLE Dr. JUSTICE VINEET KOTHARI REPORTABLE Mr. R.K. Thanvi, Sr. Advocate with Mr. Narendra Thanvi, for the appellant/defendant. Mr. Salil Trivedi ]. Mr. Sajjan Singh ].- for the respondent/plaintiff. -- BY THE COURT (ORAL):1. The appellant/defendant/tenant has filed the present second appeal aggrieved by the reversal of dismissal of eviction suit by the first appellate court by judgment and eviction decree dated 29.01.1998 of learned Additional District Judge No.2, Bikaner, inter-alia, on the ground of change of user and material alteration in the suit property, a shop situated at K.E.M. Road, Bikaner.2. The learned trial court had dismissed...


Sep 22 2015

Natwar Lal Vs. Lal Chand

Court: Rajasthan Jodhpur

Decided on: Sep-22-2015

S.B. Civil Second Appeal No.79/2009 Natwarlal Vs. Lalchand Judgment, Tuesday, 22/09/2015. 1/10 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR :: JUDGMENT :: S.B. Civil Second Appeal No.79/2009 Natwarlal S/o Sh. Pratapji Lohar Vs. Lalchand S/o Sh. Chunnilal Kansara Date of Judgment ::: Tuesday, 22/09/2015. PRESENT HON'BLE Dr. JUSTICE VINEET KOTHARI Mr. Vasudev Gaur on behalf of Mr. Om Mehta, for the appellant/defendant. Mr. Shreyansh Mardia on behalf of Mr. Sandeep Shah, for the respondent/plaintiff. -- BY THE COURT (ORAL):1. The appellant/defendant having concurrently lost the legal battle before the two courts below, has preferred this second appeal under Section 100 of Code of Civil Procedure, 1908, assailing the judgment and decree dated 29.08.2008 of learned District Judge, Sirohi, dismissing appellant/defendant's Appeal No.04/2008- Natwarlal Vs. Lalchand, while affirming the judgment and decree dated 18.12.2007 passed by learned Civil Judge (Sr. Division), Sirohi, decree...


Sep 21 2015

Sukhmandar Singh Vs. State of Raj. and Ors

Court: Rajasthan Jodhpur

Decided on: Sep-21-2015

1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR :ORDER : 1. S.B.CIVIL WRIT PETITION NO.8316/2015 Sukhmandar Singh V/s State of Rajasthan & ORS.2. S.B.CIVIL WRIT PETITION NO.5885/2015 Raja Ram & ORS.V/s State of Rajasthan & ORS.Date of Order :: 21.9.2015 PRESENT HON'BLE Mr.JUSTICE ARUN BHANSALI Mr.D.S.Rajvi, for the petitioner/s. Mr.S.M.Toshniwal ) for the respondent/s. Mr.B.S.Sandhu ) ----- BY THE COURT: These writ petitions have been filed by the petitioners seeking to question orders dated 18.12.2012 (Annex.4).order dated 3.5.2015 (Annex.6) and order dated 15.5.2015 (Annex.7) issued by the Special Officer, Water Resources and Chief Engineer, Water Resources (North).Hanumangarh and further a prayer has been made that the respondents be restrained from altering and amending the outlets of Chak 1MD to 6Md.Tehsil Anoopgarh, District Sriganganagar. The petitioners in the present writ petitions are agriculturists, most of them allottees of agriculture land from the State Governm...


Sep 21 2015

Raja Ram and Ors Vs. State and Ors

Court: Rajasthan Jodhpur

Decided on: Sep-21-2015

1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR :ORDER : 1. S.B.CIVIL WRIT PETITION NO.8316/2015 Sukhmandar Singh V/s State of Rajasthan & ORS.2. S.B.CIVIL WRIT PETITION NO.5885/2015 Raja Ram & ORS.V/s State of Rajasthan & ORS.Date of Order :: 21.9.2015 PRESENT HON'BLE Mr.JUSTICE ARUN BHANSALI Mr.D.S.Rajvi, for the petitioner/s. Mr.S.M.Toshniwal ) for the respondent/s. Mr.B.S.Sandhu ) ----- BY THE COURT: These writ petitions have been filed by the petitioners seeking to question orders dated 18.12.2012 (Annex.4).order dated 3.5.2015 (Annex.6) and order dated 15.5.2015 (Annex.7) issued by the Special Officer, Water Resources and Chief Engineer, Water Resources (North).Hanumangarh and further a prayer has been made that the respondents be restrained from altering and amending the outlets of Chak 1MD to 6Md.Tehsil Anoopgarh, District Sriganganagar. The petitioners in the present writ petitions are agriculturists, most of them allottees of agriculture land from the State Governm...



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