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Rajasthan Jodhpur Court January 2016 Judgments

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Jan 19 2016

Arjun Ram Vs. State and Ors

Court: Rajasthan Jodhpur

Decided on: Jan-19-2016

1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR. ORDER (1)DB Criminal Misc. Petition No.1912/2013 (Arjun Ram v. State of Raj. & Ors.) (2)DB Criminal Misc. Petition No.1913/2013 (Sharwan Ram v. State of Raj. & Ors.) (3)DB Criminal Misc. Petition No.2583/2014 (Sadhu Ram v. State of Raj.) (4)DB Criminal Misc. Petition No.2224/2015 (Ramesh Kumar Gupta v. State of Raj.) Date of Order ::19. h January, 2016 HON'BLE MR. JUSTICE GOVIND MATHUR HON'BLE MISS JUSTICE JAISHREE THAKUR Mr. D.N.Yadav ]. Mr. Amit Sharma ]. Mr. K.R.Bhati ]. for the petitioners. Mr. H.S.Sandhu ]. Mr. JPS Choudhary, Public Prosecutor. ..... BY THE COURT : (PER HON'BLE GOVIND MATHUR,J.) REPORTABLE This reference is before us to adjudicate the following question :- WHETHER, the High Court exercising powers under Section 482 Cr.P.C., invoke Section 427 Cr.P.C. and order that sentences awarded in two different cases shall run concurrently.. While making reference of the question to Larger Bench, the learned Single B...


Jan 19 2016

Sharwan Ram Vs. State and Ors

Court: Rajasthan Jodhpur

Decided on: Jan-19-2016

1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR. ORDER (1)DB Criminal Misc. Petition No.1912/2013 (Arjun Ram v. State of Raj. & Ors.) (2)DB Criminal Misc. Petition No.1913/2013 (Sharwan Ram v. State of Raj. & Ors.) (3)DB Criminal Misc. Petition No.2583/2014 (Sadhu Ram v. State of Raj.) (4)DB Criminal Misc. Petition No.2224/2015 (Ramesh Kumar Gupta v. State of Raj.) Date of Order ::19. h January, 2016 HON'BLE MR. JUSTICE GOVIND MATHUR HON'BLE MISS JUSTICE JAISHREE THAKUR Mr. D.N.Yadav ]. Mr. Amit Sharma ]. Mr. K.R.Bhati ]. for the petitioners. Mr. H.S.Sandhu ]. Mr. JPS Choudhary, Public Prosecutor. ..... BY THE COURT : (PER HON'BLE GOVIND MATHUR,J.) REPORTABLE This reference is before us to adjudicate the following question :- WHETHER, the High Court exercising powers under Section 482 Cr.P.C., invoke Section 427 Cr.P.C. and order that sentences awarded in two different cases shall run concurrently.. While making reference of the question to Larger Bench, the learned Single B...


Jan 19 2016

Ramesh Kumar Gupta Vs. State

Court: Rajasthan Jodhpur

Decided on: Jan-19-2016

1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR. ORDER (1)DB Criminal Misc. Petition No.1912/2013 (Arjun Ram v. State of Raj. & Ors.) (2)DB Criminal Misc. Petition No.1913/2013 (Sharwan Ram v. State of Raj. & Ors.) (3)DB Criminal Misc. Petition No.2583/2014 (Sadhu Ram v. State of Raj.) (4)DB Criminal Misc. Petition No.2224/2015 (Ramesh Kumar Gupta v. State of Raj.) Date of Order ::19. h January, 2016 HON'BLE MR. JUSTICE GOVIND MATHUR HON'BLE MISS JUSTICE JAISHREE THAKUR Mr. D.N.Yadav ]. Mr. Amit Sharma ]. Mr. K.R.Bhati ]. for the petitioners. Mr. H.S.Sandhu ]. Mr. JPS Choudhary, Public Prosecutor. ..... BY THE COURT : (PER HON'BLE GOVIND MATHUR,J.) REPORTABLE This reference is before us to adjudicate the following question :- WHETHER, the High Court exercising powers under Section 482 Cr.P.C., invoke Section 427 Cr.P.C. and order that sentences awarded in two different cases shall run concurrently.. While making reference of the question to Larger Bench, the learned Single B...


Jan 19 2016

Sadhu Ram Vs. State

Court: Rajasthan Jodhpur

Decided on: Jan-19-2016

1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR. ORDER (1)DB Criminal Misc. Petition No.1912/2013 (Arjun Ram v. State of Raj. & Ors.) (2)DB Criminal Misc. Petition No.1913/2013 (Sharwan Ram v. State of Raj. & Ors.) (3)DB Criminal Misc. Petition No.2583/2014 (Sadhu Ram v. State of Raj.) (4)DB Criminal Misc. Petition No.2224/2015 (Ramesh Kumar Gupta v. State of Raj.) Date of Order ::19. h January, 2016 HON'BLE MR. JUSTICE GOVIND MATHUR HON'BLE MISS JUSTICE JAISHREE THAKUR Mr. D.N.Yadav ]. Mr. Amit Sharma ]. Mr. K.R.Bhati ]. for the petitioners. Mr. H.S.Sandhu ]. Mr. JPS Choudhary, Public Prosecutor. ..... BY THE COURT : (PER HON'BLE GOVIND MATHUR,J.) REPORTABLE This reference is before us to adjudicate the following question :- WHETHER, the High Court exercising powers under Section 482 Cr.P.C., invoke Section 427 Cr.P.C. and order that sentences awarded in two different cases shall run concurrently.. While making reference of the question to Larger Bench, the learned Single B...


Jan 13 2016

State Through Collector and Anr Vs. Rupa Ram

Court: Rajasthan Jodhpur

Decided on: Jan-13-2016

S.B. CIVIL MISC. APPEAL NO.300/2013 The State of Rajasthan & Anr. Vs. Ruparam Judgment, Wednesday dated 13.01.2016 1 of 5 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR :: JUDGMENT :: S.B. CIVIL MISC.APPEAL NO.300/2013 The State of Rajasthan & Anr. Vs. Ruparam s/o Shri Kurdaram Date of Order :: Wednesday, 13th January, 2016. PRESENT HON'BLE DR. JUSTICE VINEET KOTHARI Appearance: Mr.S.M.Toshniwal, Addl.Govt.Counsel for the appellants. 1. The present appeal has been filed by the appellants-State of Rajasthan and another, against the order dated 05.10.2012 passed by the learned Additional District Judge, Bhadara, District Hanumangarh in Reference Case No.75/2002 (166/2000) Rooparam Vs. State of Rajasthan & Anr., whereby the award dated 10.03.2009 passed by the Land Acquisition Officer, Nohar, has been enhanced.2. Learned Additional Government Counsel, Mr.S.M.Toshniwal appearing for the State of Rajasthan submits that the present appeal is covered by the judgment of this Court ...


Jan 13 2016

Sardarilal Vs. Gajanand

Court: Rajasthan Jodhpur

Decided on: Jan-13-2016

S.B.C.F.A. No.4/2006 Sardarilal Vs. Gajanand Judgment, Wednesday, 13/01/2016 1 of 13 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR ::: JUDGMENT ::: S.B. Civil First Appeal No.4/2006 Sardarilal S/o S. Balaram, by caste Arora Vs. Gajanand S/o Sh. Manohalal Aggrawal Date of Judgment :::: Wednesday 13/01/2016. PRESENT HON'BLE Dr. JUSTICE VINEET KOTHARI REPORTABLE Mr. R.K. Thanvi, Sr. Advocate with Mr. Narendra Thanvi, for the appellant/plaintiff/landlord. Mr. Hemant Kumar Jain, for the respondent/defendant/tenant. -- 1. The appellant/plaintiff, Sardarilal S/o Sh. Balaram, has filed the present first appeal under Section 96 of CPC, 1908, aggrieved by rejection of his eviction suit filed for seeking eviction of the defendant/tenant, namely, Gajanand S/o Sh. Manoharlal, from the suit premises and recovery of due rent of Rs.31,500/- in respect of suit property, a residential house, situated at BF-25, Jawahar Nagar, Sri Ganganagar by the learned Additional District Judge No.2, Sri Ga...


Jan 13 2016

State of Raj. and Anr Vs. M/S Mamta Surgical Cotton Industries

Court: Rajasthan Jodhpur

Decided on: Jan-13-2016

S.B.C.S.A. No.709/2011 State of Rajasthan & Anr. Vs. M/s Mamta Surgical Cotton Industries Judgment, Wednesday, 13/01/2016 1 of 11 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR ::: JUDGMENT ::: S.B. Civil Second Appeal No.709/2011 State of Rajasthan & Anr. Vs. M/s Mamta Surgical Cotton Industries Date of Judgment :::: Wednesday 13/01/2016. PRESENT HON'BLE Dr. JUSTICE VINEET KOTHARI Mr. O.P. Boob, for the appellants (State) Mr. Salil Trivedi on behalf of Mr. Sajjan Singh, for the respondent/plaintiff. -- 1. The appellants, State (District Collector, Bhilwara) and General Manager, District Industries Centre, Bhilwara, have preferred this second appeal under Section 100 of CPC, 1908, impugning the judgment and decree dated 10.11.2010 passed by learned first appellate court of learned Addl. District Judge, Gulabpura, Bhilwara, in Civil Appeal No.21/2007 (M/s Mamta Surgical Vs. State & Anr.) whereby the learned first appellate court allowed the first appeal decreeing the suit file...


Jan 13 2016

Gokul Das Vs. Gurumuk Das

Court: Rajasthan Jodhpur

Decided on: Jan-13-2016

S.B.C.S.A. No.59/1999 Gokul Das & Anr. Vs. Gurumuk Das Judgment, Wednesday, 13/01/2016 1 of 18 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR ::: JUDGMENT ::: S.B. Civil Second Appeal No.59/1999 Gokul Das S/o Sh. Tahel Ram Sindhi & Anr. Vs. Gurumuk Das S/o Aadumal Sindhi Date of Judgment :::: Wednesday 13/01/2016. PRESENT HON'BLE Dr. JUSTICE VINEET KOTHARI Mr. D.R. Bhandari, for the appellants/defendants/tenant. Mr. Manish Shshodia, for the respondent/plaintiff/landlord. -- 1. The appellants/defendants/tenants have preferred this second appeal under Section 100 of CPC, 1908, impugning the judgment and decree dated 17.02.1999 passed by learned first appellate court of learned Addl. District Judge No.2, Udaipur, in Civil Appeal No.10/1998 (Gokul Das & Anr. Vs. Gurumuk Das) whereby the learned first appellate court dismissed the first appeal filed by the defendants and affirmed the judgment and eviction decree dated 28.05.1997 passed by learned Civil Judge (Jr. Division), Udaipu...


Jan 13 2016

Devendra Singh Vs. Faulal and Ors

Court: Rajasthan Jodhpur

Decided on: Jan-13-2016

S.B.CIVIL MISC. APPEAL NO.133/2016 Devendra Singh versus Faulal & ORS.Judgment, Wednesday dated 13.01.2016 1 of 5 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR :: JUDGMENT :: S.B.CIVIL MISC.APPEAL NO.133/2016 Devendra Singh s/o Shri Girdhari Singh versus Faulal s/o Shri Chhagan Lal & ORS.Date of Order :: Wednesday, 13th January, 2016. PRESENT HON'BLE DR. JUSTICE VINEET KOTHARI Appearance: Mr.Rameshwar Dave for the plaintiff-appellant. 1. The plaintiff-appellant-Devendra Singh s/o Shri Girdhari Singh in the present suit for specific performance has filed the present appeal, aggrieved by the rejection of his temporary injunction application by the learned trial court of Additional District Judge, Jaitaran, District Pali vide order dated 20.10.2015 in Civil Misc. Case No.34/2012 Devendra Singh versus Faulal & Ors., with the following findings and observations:- 10. 5.12.2010 ! ! %& * - - 0 0 % * - 0 S.B.CIVIL MISC. APPEAL NO.133/...


Jan 06 2016

Madan Mohan Prajapat Vs. High Court of Judicature for Raj. andanr

Court: Rajasthan Jodhpur

Decided on: Jan-06-2016

1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR JUDGMENT D.B.CIVIL SPECIAL APPEAL (W) No.628/2013 IN S.B.CIVIL WRIT PETITION No.11394/2012 Madan Mohan Prajapat V/s. High Court of Judicature for Rajasthan at Jodhpur & Anr. Date of Judgment ::: 6th January 2016 PRESENT HON'BLE Mr.JUSTICE GOPAL KRISHAN VYAS HON'BLE Mr.JUSTICE P.K.LOHRA Mr.Mahaveer Bishnoi, for the appellant. Mr.V.K.Mathur, for the respondents. (PER HONBLE P.K.LOHRA, J).Appellant-petitioner has preferred this intra-court appeal to assail the impugned order dated 8th of May, 2013 passed by the learned Single Judge dismissing his writ petition. The learned Single Judge thwarted the challenge thrown by the appellant against the order of dismissal from services by the second respondent. Succinctly stated the facts of the case are that appellant, while discharging his duties as Lower Division Clerk (LDC) in the district judgeship Udaipur, along with his two other fellow employees, namely, Ashok Kumar Kumawat, Stenogr...


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