Rajasthan Court May 1997 Judgments
Narendra Singh Bhati Vs. the State and ors.
Court: Rajasthan
Decided on: May-28-1997
Reported in: AIR1997Raj277; 1997(3)WLC19
V.S. Kokje, J. 1. Heard on admission. 2. These are appeals from two petitions decided by the learned single Judge by two different, orders of the same date. 3. S.B. Civil Writ Petition No. 3171/95 was initially filed by Shri Mohan Singh on whose death during the pendency of that petition his son Narerdra Singh continued the petition as his legal representative after being brought on record.D.B. Civil Special Appeal No. 552/97 is an appeal challenging the order in S.B. Civil Writ Petition No. 3290/94. The other petition was filed by Narendra Singh Bhati in his personal capacity and against the order passed in this petition D.B. Civil Special Appeal No. 553/97 has been filed. 4. The litigation has a history of over two decades. 5. By a document titled as 'Licence Agreement' executed on August 2, 1975, late Col. Mohan Singh came to possess and occupy a land commonly known as 'Sewage Farm' from the Municipal Council, Jodhpur for an agreed amount stated in the agreement as licence fee for a...
Tag this Judgment!Kanti Lal Vs. Smt. Shanti Devi and ors.
Court: Rajasthan
Decided on: May-28-1997
Reported in: AIR1997Raj230; 1998(3)WLC490; 1997(1)WLN448
R.R. Yadav, J.1. The present appeal has been filed against the judgment and decree dated 1-7-1980 passed by learned Additional District Judge, Sirohi in Original Civil Suit No. 3/75 whereby he dismissed the plaintiff's suit for declaration, recovery of possession after ejectment of the defendant-respondents and mesne profits of Rs. 820/- for use and occupation of the disputed premises up to the date of filing of the suit with further mesne profits at the rate of Rs. 40/- per month from the date of filing of the suit till recovery of possession from the defendant-respondents.2. The brief facts necessary for disposal of the present appeal are that the plaintiff-appellant purchased a 'Parkota' (land closed with boundary wall) affixed with a wooden door from Shri Makna Ji through registered sale-deed Ex. 2 on 17-11-65. It is averred in the plaint that Shri Makna Ji was in possession of the land in dispute for the last 41 years from the date of purchase from Jodhpur Darbar in auction for Rs...
Tag this Judgment!Kantichand Sharma Vs. Municipal Corporation, Jaipur and ors.
Court: Rajasthan
Decided on: May-28-1997
Reported in: AIR1999Raj32; 1998(1)WLC554
ORDERShiv Kumar Sharma, J. 1. As questions of law falling for consideration in both these petitions are identical, they were heard analogously and are proposed to be disposed of by a common order. BACKGROUND FACTS : 2. A few relevant facts leading to these proceedings may be noted at the out set. A writ petition was filed by Kanti Chand Sharma (for short KC) against the Municipal Corporation Jaipur (for short MC) and others on November 18, 1996 with the averments that a plot owned and possessed by him is situated at Ambabadi Jaipur. He has been residing and carrying on business over the said plot after making construction for more than 34 years. The land in question has been surrounded by barbed wire fencing and water and electricity connections were installed over it. The open space of the said land has been covered by long and big trees. The MC issued licence in the name of KC for carrying his business. Till November 2, 1996 the said constructions were in existence but thereafter the...
Tag this Judgment!Khema Ram Vs. State of Rajasthan and 71 ors.
Court: Rajasthan
Decided on: May-28-1997
Reported in: 1997(3)WLC233; 1997(1)WLN657
B.R. Arora, J.1. This appeal and the appeals mentioned in the Schedule arise out of the judgment dated 14.1.97 passed by the learned Single Judge, by which the learned Single Judge struck down the proviso to Clause (viii) of Sub-rule (5) of Rule 13-A of the Rajasthan Colonisation (Allotment and Sale of Government Land in Indira Gandhi Canal Colony Area) Rules, 1975 and held that these Rules shall apply to all the allottees inclusive of the allottees prior to the date the amended Rules, 1996 were brought into force. The learned Single Judge further observed that the order of cancellation of the allotment under the proviso to Clause (iii) of Sub-rule (5) of Rule 13-A of the Rules, 1995 shall be passed after giving an opportunity of hearing to the allottees and Sub-rule (5) of the Rule 13-A shall come into operation from the date the order under proviso to Clause (iii) of Sub-rule (5) of Rule 13-A is passed.2. Since the facts and the controversy raised in all these appeals are the same, a...
Tag this Judgment!Ex-sepoy Chander Singh Vs. Union of India (Uoi) and ors.
Court: Rajasthan
Decided on: May-28-1997
Reported in: 1997(1)WLN642
J.C. Verma, J.1. The petitioner, EX-Sepoy Chander Singh son of Vir Singh, has filed this writ petition for quashing the proceedings of Summary Court Martial and for issuance of appropriate direction to quash the findings and sentence of the Summary Court Martial dated 17.9.90 with the consequential prayer to the respondents to reinstate the petitioner in service and to grant all consequential benefits.2. The petitioner is said to have joined service in the Indian Army as Combatant Sepoy/Cook on 2.12.1983 and his last posting was in the 17th BN Mech. Inf. C/o 56 APO where he was involved in alleged misconduct/offence under Section 40(A) of the Army Act, 1950 (for short as 'Act of 1950') against one Nb Subedar Jaswant Singh on 15.8.90 at about 9.00 PM. The allegations against the petitioner were that he had given slap to Nb Subedar Jaswant Singh. The petitioner was immediately arrested on 15.8.90 itself and placed under close arrest in the Military custody. It is alleged by the petitione...
Tag this Judgment!Kantichand Sharma Vs. Municipal Corporation and ors.
Court: Rajasthan
Decided on: May-28-1997
Reported in: 1997(1)WLN631
Shiv Kumar Sharma, J.1. As questions of law fall for consideration In both these petitions are identical, they were heard analogously and are proposed to be disposed of by a common order.Back Ground Facts2. A few relevant facts leading to these proceedings may be noted at the out set. A' writ petition was filed by Kanti Chand Sharma (for short KC) against the Municipal Corporation Jaipur (for short MC) and others on November 18, 1996 with the averments that a plot owned and possessed by him is situated at Ambabadi Jaipur. He has been residing and carrying on business over the said plot after making construction for more than 34 years. The land in question has been surrounded by barbed wire fencing and water and electricity connection were installed over it. The open space of the said land has been covered by long and big trees. The MC issued licence in the name of KC for carrying his business. Till November 2, 1996 the said constructions were in existence but thereafter the MC smashed ...
Tag this Judgment!Dr. Rajendra Prasad Gupta Vs. the State of Raj. and anr.
Court: Rajasthan
Decided on: May-28-1997
Reported in: 1997(3)WLC471; 1997(1)WLN636
Arun Madan, J.1. The case of the petitioner in short is that he was initially appointed on the post of Civil Assistant Surgeon on ad-hoc basis by the Ministry of medical and health, Government of Rajasthan w.e.f. 11.12.1970 and he served on the said post upto 9.7.1971 at P.H.C. Sanwar, District Udaipur and thereafter w.e.f. 10.7.1971 to 28.1.1973 on the same post at General Hospital, Bharatpur. During the period 29.1.1973 to 4.3.1973 the petitioner served in the same capacity in M.G. Hospital and as a lecturer in medicine in Dr. S.N. Medical College, Jodhpur. In the year 1974 the Government of India had requested to the State Government of Rajasthan to recommend suitable names of desirous candidates who were willing to serve as Medical Officers at Libiya on deputation. Petitioner applied for the said post and conveyed his willingness to serve at Libiya.2. On receipt of the list of selected candidates, the petitioner having been selected for the foreign assignment, the State Government ...
Tag this Judgment!Kania and ors. Vs. State of Rajasthan
Court: Rajasthan
Decided on: May-27-1997
Reported in: 1998CriLJ150
Amaresh Ku. Singh, J. 1. Heard the learned counsel for the appellants and the learned Public Prosecutor.2. This appeal is directed against the judgment dated 13th September, 1979 passed by the learned District and Sessions Judge, Jalore in Sessions Case No. 13/79 State v. Kania. By the aforesaid judgment accused appellants Kania, Bagia s/o Dhanna Bagia s/o Samela, Bhuba, Bholia and Modia were convicted under Sections 147 and 302 read with 149 of the IPC and each of them was sentenced to imprisonment for life and a fine of Rs. 1000/- and further rigorous imprisonment for six months for default in payment of fine for the offences under Section 302 read with 149 of the IPC and rigorous imprisonment for two years for the offence punishable under Section 147 of the IPC.3. The facts of the case may be briefly stated as below :-On 10th March, 1979 at about 10-30 a.m. Chhatar Singh s/o Bharat Singh gave a statement to the Station House Officer, Jalore at Government Hospital, Jalore. That state...
Tag this Judgment!Brijkumar Sharma Vs. State and ors.
Court: Rajasthan
Decided on: May-27-1997
Reported in: 1998CriLJ1449
Mohd. Yamin, J.1. This is a misc. petition under Section 482, Cr. P.C. against the order of learned Special Judge, Anti-Corruption cases, Udaipur passed on 6-9-1996 by which he framed charge under Section 409 read with Section 120B, IPC and under Section 5(1)(d)(2) read with Section 5(2) of Prevention of Corruption Act.2. I have heard the learned counsel for the petitioner as well as learned P. P.3. The case of the prosecution is that one Ramesh Chandra Dedor and petitioner were working in the Panchayat Samiti, Girwa. The petitioner was Vikas Adhikari while Ramesh Chandra was working as Jr. Engineer. Girwa was declared as a famine striken area and famine works commenced w.e.f. 20-5-88 which came to an end on 15-7-87 when a declaration was made that no more famine work should continue. In all a sanction of Rs. 1,60,000/- was given by the government to be spent for the famine 'work. Out of it Rs. 79,000/- was to be spent towards the materials and Rs. 81,000/- were sanctioned for famine r...
Tag this Judgment!Jayesh Mittal Vs. State of Rajasthan, Through Secretary, Technical Edu ...
Court: Rajasthan
Decided on: May-27-1997
Reported in: 1997(1)WLN612
Gyan Sudha Misra, J.1. This writ petition Has been filed for a simple reason that the petitioner should be allowed to take pre-medical test from Jaipur Centre and in his application-form he had given three choice of centres for such appearance viz. Kota, Jaipur and Ajmer. The prayer for change of centre from Kota to Jaipur had been made before the authorities on account of acute status Asthamatics attack on the petitioner and it has also been submitted that refusal to change the centre by the University is only in of a guideline which does not have statutory force. Under the circumstances, it is submitted that there was no justification in denying the petitioner to appear from Jaipur.2. Prima facie, I find nothing unreasonable in this prayer. Due to paucity of time, it is not possible to issue notice to the respondents before passing a final order.3. It is, therefore, observed that the petitioner shall be allowed to appear for the Pre-Medical Test from Jaipur Centre to be filed in June...
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