Rajasthan Court July 2003 Judgments
Manish Thakur Vs. Rajasthan Public Service Commission and anr.
Court: Rajasthan
Decided on: Jul-31-2003
Reported in: RLW2004(1)Raj220; 2004(1)WLC260
Sunil Kumar Garg, J.1. This writ petition has been filed by the petitioner under Article 226 of the Constitution of India against the respondents on 28.11.2002 with a prayer that by an appropriate writ, order or direction, the order dtd. 26.11.2002 (Annex. 7) passed by the respondent No, 2 (Secretary, Rajasthan Public Service Commission) by which the petitioner was not allowed to appear in the interview for appointment on the post of Sub-Inspector on the ground that the permanent driving licence (Annex. 4) dtd. 30.4.2002 was issued to the petitioner after submission of last date of application form i.e. 19.11.2001, be quashed and set aside and further the respondents be directed to call the petitioner for interview for the post of Motor Vehicle Sub Inspector and appoint him on the post of Motor Vehicle Sub Inspector, if he is otherwise found suitable.2. The facts of the case as put forward by the petitioner are as under:i) That the petitioner passed the Secondary Examination in the yea...
Tag this Judgment!State of Rajasthan and anr. Vs. Budh Singh and ors.
Court: Rajasthan
Decided on: Jul-31-2003
Reported in: RLW2004(1)Raj148; 2003(4)WLC115
Parihar, J.1. Petitioners have challenged the order dated 24.4.2000 passed by the Rajasthan Non-Government Educational Institutions Tribunal, Jaipur, by which respondent No. 1 has been ordered to be given certain benefits.2. The directions for making payment had been issued only to respondent No. 2, the Institution where the concerned employee had been working. No directions, whatsoever, have been issued so far as the present petitioners are concerned. It is not known as to how the petitioners are aggrieved by the order of the Tribunal. The present writ petition appears to be a sheet misuse of due process of law not only wasting the time of this court, but also putting the State exchequer with unnecessary cost of the litigation. It seems that the concerned offices who gave approval for filing the present writ petition, acted in just mechanical manner without any application of mind. Filing of writ petition by the Government departments by way of formality is highly depricable.3. The wr...
Tag this Judgment!State of Rajasthan and ors. Vs. Richpal Singh and anr.
Court: Rajasthan
Decided on: Jul-31-2003
Reported in: RLW2004(1)Raj203; 2003(4)WLC528
Sunil Kumar Garg, J. 1. This writ petition under Articles 226 and 227 of the Constitution of India has been filed by the petitioners on 14.3.2001 against the respondents with the prayer that by an appropriate writ, order or direction, the impugned judgment and award dated 1.4.1997 (Annex. 5) passed by the learned Judge, Labour Court, Bikaner (respondent No. 2) by which termination of services of the respondent No. 1 Richpal Singh with effect from 24.9.1981 was held to be not proper and invalid and thus, the respondent no, 1 was ordered to be reinstated in service with all consequential benefits and he was awarded a sum of Rs. 3000/- as back wages, be quashed and set aside.(2). The case of the petitioners as put forward by them in this writ petition is as follows:-Through Notification dated 7th November, 1992, the State Government in exercise of power under Section 10(1) of the Industrial Disputes Act, 1947 (hereinafter referred to as 'the Act of 1947') made reference to the Labour Cour...
Tag this Judgment!Sarwan Ram Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jul-31-2003
Reported in: RLW2004(1)Raj492; 2004(1)WLC624
Mathur, J.1. When in the morning of 2nd June, 1996 three shephered boys viz; Kalu Rani aged 14 years, Dayal Ram aged 9 years and another Kalu Ram S/o Ram Karan aged 15 years, left for the forest for grazing cattle, they had no forebonding that it was their last journey. The disappearance of three boys and the cattle rocked the villagers of Fatehgarh. The search did not yield, as such, in the morning of next clay, P.W. 1 Mani Ram lodged the missing report at Police Station, Hanumangarh. In the afternoon at about 4, dead bodies of two missing boys were detected floating in a pond constructed in the field of Ram Kumar Bhakhar in Chak 23 SSW. The dead body of third child was found in a field on the eastern side of the pond. The cattle were missing. It was suspected that somebody committed theft and murdered the boys. On this information, police registered a case for offence under Sections 302, 379 IPC and triggered the investigation. Police prepared the inquest report and sent dead bodies ...
Tag this Judgment!Sharda Devi Vs. State of Raj. and ors.
Court: Rajasthan
Decided on: Jul-31-2003
Reported in: RLW2004(2)Raj961
Khem Chand Sharma, J.1. Heard the learned counsel for the complainant applicant, learned Public Prosecutor as well as the learned counsel for accused non-petitioners.2. The complainant petitioner is the wife of deceased Kanwar Lal Sharma who committed suicide on the abetment alleged to have been made by the accused non-petitioners. Regarding the incident FIR No. 140/2001 was registered at Police Station Lal Kothi. Jaipur for offence under Section 306 IPC. Apprehending their arrest, the accused non-petitioners first approached the learned Sessions Judge, Jaipur City, Jaipur for grant of anticipatory bail, who by his order dated 17.09.2001 dismissed the bail application. Therefore, the petitioners moved bail application for grant of anticipatory bail before this Court which was registered as S.B. Criminal Misc. Bail Application No. 4382/2001. This Court after hearing learned counsel for accused-non-petitioners, learned Public Prosecutor as well as learned counsel appearing for the compla...
Tag this Judgment!Karnail Singh and ors. Vs. the State of Rajasthan
Court: Rajasthan
Decided on: Jul-31-2003
Reported in: RLW2004(2)Raj1016; 2004(1)WLC576
N.N. Mathur, J.1. The instant appeal is directed against the judgment of the learned Additional Sessions Judge No. 2, Sri Ganganagar convicting the appellant Karnail Singh of offence under Section 302 I.P.C. and other appellants namely Khadak Singh, Magh Singh and Gurmukh Singh for offence under Section 302/149 I.P.C. and sentenced each of them to imprisonment for life and to pay a fine of Rs. 1000/- and in default to further undergo one month simple imprisonment. The appellants have also been convicted for offence under Sections 447 & 148 I.P.C. While appellant Karnail Singh has been convicted for offence under Section 27 Arms Act and sentenced to one year rigorous imprisonment the other accused appellants have been convicted for offence under Section 27/149 Arms Act and sentenced each of them to one year rigorous imprisonment.2. Briefly stated the facts of the case are that on 22nd April, 1987 at about 7:00 A.M. while P.W. 1 Bhadar Khan, deceased Sakhi Mohammad and P.W. 3 Mst. Sarma ...
Tag this Judgment!Suresh Kumar Bishnoi Vs. State of Rajasthan and anr.
Court: Rajasthan
Decided on: Jul-30-2003
Reported in: RLW2004(1)Raj146; 2003(4)WLC153
Parihar, J.1. Since on same set of facts similar relief has been claimed by all the petitioners, the writ petitions have been heard together and are being decided by this common order.2. In pursuance to the advertisement issued by the Rajasthan Public Service Commission (for short the Commission), for recruitment to the post of Sub Inspector, vide Notification dated 5.11.2001, the petitioners also submitted their applications. The written examination was held on 28.7.2002. The petitioners were allowed to appear in the said examination. The answer sheet of the petitioners for the paper of General Knowledge & General Science could not be assessed/checked by the computer since they failed to mention the series of question paper at the appropriate place marked for the same. The results of the above examination was declared on 23.1.2003, having failed in the said examination, present writ petitions have been filed with a prayer for directing the respondent Commission to assess/check the ans...
Tag this Judgment!Om Prakash Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jul-30-2003
Reported in: RLW2004(1)Raj309
Shiv Kumar Sharma, J.1. As many as four accused were indicted before the learned Additional Judge Malpura (Tonk) for having committed murder of Shri Kishan. Learned Judge vide judgment dated May 28, 1999 convicted and sentenced the accused Om Prakash as under:Under Section 302 IPC to undergo imprisonment for life and fine of Rs. 2000/- in default to further, suffer six monthsimprisonment.Under Section 341 IPC to suffer one month ImprisonmentUnder Section 447 IPC to suffer three months Imprisonment.The sentences were directed to run concurrently.2. Accused Om Prakash is the appellant in appeal No. 428/1999. Co-accused Smt. Lada, Smt. Radha and Siya Ram were convicted under Sections 324/34, 447, 341 and 430 IPC and sentenced to the period already undergone by them in confinement. The complainant Badri Lal in Revision No. 539/1999 has assailed the said findings.3. Put briefly the prosecution case is that on November 14, 1997 informant Badri Lal submitted a written report with the Police S...
Tag this Judgment!Shyam Sunder Vs. Ramesh Chand and anr.
Court: Rajasthan
Decided on: Jul-30-2003
Reported in: RLW2004(2)Raj1000
Gyan Sudha Misra, J.1. The plaintiff/petitioner had filed a civil suit in the Court of Civil Judge (Junior Division), Kota for fixation of standard rent under Section 6 (2) of the Rajasthan Premises (Control of Rent & Eviction) Act, 1950 against the defendant/respondent No. 1 wherein the written statement of the defendant/respondent No. 1 was filed and issues were framed. The trial Court determined 'interim rent' which was to be paid during pendency of the suit and thereafter, the matter proceeded for trial and several opportunities were granted to the plaintiff/petitioner to adduce evidence which he failed to comply and consequently the order for closing evidence was passed with which the petitioner is aggrieved. According to the petitioner's advocate, only three opportunities were granted to lead evidence which was insufficient.2. Be that as it may, this Court is not required to enter into the question as to how many opportunities could have been sufficient to lead evidence. The fact...
Tag this Judgment!Mana Ram Vs. Raichand
Court: Rajasthan
Decided on: Jul-30-2003
Reported in: RLW2004(3)Raj1483; 2004(1)WLC181
Prakash Tatia, J.1. Heard learned counsel for the appellant.2. Brief facts of the case are that the plaintiff respondent filed the suit for eviction against the defendant appellant in the trial court on the ground of second default committed by the defendant tenant. The defendant tenant submitted written statement denying the default upon which issues were framed by the trial court. It appears that during pendency of suit parties settled their dispute and therefore, a written compromise was submitted in trial court on 31.01.02 wherein defendant admitted that he has committed default in payment of rent second time, therefore, decree for eviction may be passed in favour of the plaintiff and as matter has been settled, defendant be permitted to remain in possession till 31.10.02 and defendant will pay entire arrears of rent within two months. On 31.01.2002, statements of both plaintiff and defendant were recorded in trial court wherein defendant again admitted his second default.3. Howeve...
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