Rajasthan Court January 2007 Judgments
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Dinesh Chandra Swami and ors. Vs. Mahesh Chandra Swami and ors.
Court: Rajasthan
Decided on: Jan-19-2007
Reported in: RLW2007(2)Raj1002
Vineet Kothari, J.1. What comes on surface in this boiling pot of litigation now is the impugned order dated 18.9.2006 passed by learned ADJ No. 2, Jaipur allowing the application under Order 7 Rule 11 CPC and rejecting the Civil Suit filed by Mandir Shri Madho Behari Ji and one Mr. Dinesh Chandra Swami, claiming partition of suit property, rendition of accounts and perpetual injunction against the defendant from alienating such property, appointment of Receiver etc.2. In the chequered history of litigation in this matter not only some civil suits were filed, but this Court had also occasion to deal with the litigation between the parties in writ jurisdiction.3. First S.B. Civil Writ Petition No. 1008/1982 (Prakash Chandra Swami v. State of Rajasthan) came to be allowed by the learned Single Judge of this Court in the following terms:The result is that this petition is allowed in terms that all proceedings taken up before the respondent No. 2 and 3 under the Act or elsewhere including ...
Gopal and ors. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jan-19-2007
Reported in: AIR2007Raj105
ORDERPrakash Tatia, J.1. Heard learned Counsel for the parties.2. The present revision petition is against the order dated 27th January, 2003, passed by the executing Court Civil Judge (Junior Division), Makrana, District Nagaur.3. The facts of the case, in brief, are that as back as in the year, 1981, precisely on 25th August, 1981, plaintiff filed the suit for eviction of defendants-tenant the State for getting possession of the rented building which was rented out by the plaintiff to defendant for running school. The suit was decreed after about almost more than 12 years on 8th February, 1994. The operative portion of the decree is as under:(Vernacular matter omitted...Ed.)4. The decree-holders-plaintiffs submitted the Execution Petition No. 22/96 in the year, 1996. In the said execution proceedings, a compromise was submitted by the decree-holders and the District Education Officer, Nagaur, on 23rd October, 1997 on behalf of the State the judgment-debtor. The Executing Court, on th...
In Re: Om Metals Infraprojects Ltd.
Court: Rajasthan
Decided on: Jan-19-2007
Reported in: [2009]150CompCas666(Raj); [2007]78SCL14(Raj)
ORDERShiv Kumar Sharma, J.1. The petitioners have filed this petition under Sections 391 and 394 of the Companies Act, 1956 (hereinafter shall be referred to as the 'Act of 1956') for sanctioning the scheme of amalgamation between the petitioner and the petitioner companies No. 1 to 6.2. The petitioner Transferee Company was originally incorporated on 22-12-1971 in the name of 'Om Metals Pvt. Ltd.' which was changed to 'Om Metals and Minerals Pvt. Ltd.' on 27-2-1973. Thereafter the status of the petitioner transferee company was converted into a Public Limited A Company under the provisions of Section 43A of the Act (Deemed Public Company) with effect from 1-7-1989. Further the name of the petitioner Transferee Company was changed to Om Metals Ltd. on 31 -1-2005 which again came to be changed to the present name 'Om Infraprojects Ltd.' on 29-3 -2006. The petitioner Transferee company is a public limited company listed at the Bombay Stock Exchange. The company is mainly engaged in the b...
Madhu Pareek (Smt.) Vs. Mahesh Kumar
Court: Rajasthan
Decided on: Jan-19-2007
Reported in: 2007(1)WLN265
R.S. Chauhan, J.1. The differences and the distances between the spouses have brought them before this Court. The appellant wife is challenging the judgment dt. 22.04.1999, passed by the Judge Family Court No. 1, Jaipur whereby the learned Judge has granted divorce in favour of the husband on the grounds of cruelty and desertion of the wife.2. The brief facts of the case are that the appellant and the respondent were married on 09.05.1985 at Jaipur according to the Hindu rites and customs. Out of the wedlock, a daughter, Rima, was born on 30.01.1986. According to the respondent, the appellant was too proud of her high education, of her higher economic status. Just three months after their marriage, she started behaving cruelly towards his parents and him. She would call her mother-in-law names; she would refuse to do household chores. She kept on forcing the respondent to leave his parents and to take up another house. Without any rhyme or reason, on 03.06.1986, she left the respondent...
Hari Mohan Sharma Vs. Smt. Santosh Pareek
Court: Rajasthan
Decided on: Jan-19-2007
Reported in: 2007(1)WLN161
Shiv Kumar Sharma, J.1. 'You know betterYour relations with the other.But would it be a crimeTo spare some time.And ask about meabout how I am?'And where I am?'These words appear to have been uttered in the instant matter by the respondent wife in response to the allegations of 'mental cruelty and desertion' leveled by the appellant husband against her. Learned Family Court, Jaipur where the appellant husband filed the petition for divorce found these allegations unfounded and dismiss the petition vide decree and judgment dt. 12.12.1989 that are under challenge in his appeal.2. As per the facts stated in the petition the appellant entered into the marriage with respondent on 11.06.1978 according to Hindu rites and from their wedlock a female child was born on 13.07.1979, thereafter from 21.12.1980 the respondent started living separately. It was averred in the petition that the respondent from the very beginning of marriage had superiority complex. She used to compare her prosperous pa...
Gauri Shanker Ojha Vs. Bopalwal Arya Higher Secondary School, Managing ...
Court: Rajasthan
Decided on: Jan-19-2007
Reported in: 2007(1)WLN311
Rajesh Balia, J.1. Having heard learned Counsel for the parties, we do not find any force in this appeal. The appellant who was employed as a teacher under respondent No. 1 which as a Non-Governmental Educational Institute. He retired on completing age of superannuation on 31.07.1990.2. Non-Governmental Educational Institute Act came into force on 01.01.1993. Under the provisions of said Act, the provisions of the Gratuity Act, 1972 were extended to the employees of Rajasthan Non-Governmental Educational Institute Act, 1989.3. The appellant non-petitioner made a complaint before the Secretary, Zila Janabhav Nirakaran Satarkta Samiti cum Additional Collector, City, Sri Ganganager claiming payment of gratuity as on the date he retired from the service in terms of Rule 82(1) framed under the Act of 1989. The Additional Collector directed the respondent No. 1 management of the school to pay the gratuity amount to the appellant which become due to him under Rule 82(1) of the Rules of 1993.4...
Kalika Prasad Shukla Vs. Union of India (Uoi) and ors.
Court: Rajasthan
Decided on: Jan-19-2007
Reported in: 2007(1)WLN448
R.S. Chauhan, J.1. The appellant-plaintiff has challenged the order dt. 15.04.2002 passed by the Additional District Judge, No. 1, Ajmer whereby the leamed Judge has set-aside the judgment and decree dt. 28.05.1997 passed by the Civil Judge (Junior Division), Ajmer City (East), Ajmer, and has remanded the case back to the learned trial Court.2. The brief facts of the case are that the appellant was appointed on the post of Assistant Security Officer, Armed Wings of the Railways on 09.11.1963. However, vide order dt. 07.02.1996, his services were terminated. Therefore, the appellant submitted an appeal before the Deputy Chief Security Officer, Bombay challenging his termination order. Vide order dt. 10.11.1976, the appellant was reinstated in the services. Because of his reinstatement, the respondent Nos. 2 and 3, the Chief Security Officer and the Assistant Security Officer, respectively, started having an animosity against the appellant. In order to teach him a lesson, they served him...
Yadram @ Shantilal Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jan-19-2007
Reported in: 2007(2)WLN18
R.S. Chauhan, J.1. The accused appellant has challenged the judgment dt. 22.03.1984 passed by the Additional Sessions Judge, Dholpur whereby he has been convicted for offence under Section 395 of Indian Penal Code (henceforth to be referred to as 'IPC', for short) and has been sentenced to five years of rigorous imprisonment and has been imposed with a fine of Rs. 5,000/- and to further undergo five months of rigorous imprisonment in default thereof.2. Briefly, the facts are that on 08.12.1977, Akhe Singh (P.W. 1) lodged a oral report at Police Station Basedi wherein he claimed that he is a resident of village Phunspura. According to him, on the night of 07.12.1977 while he was sleeping in his house, between 12 O'Clock and 1.00 A.M, his wife, Anguri, awoke him up and told him that thieves have entered their house. As he tried to go out, he discovered that door was locked from the outside. Through the chinks of the doors, he could see two persons standing outside. He shouted for his bro...
Rajesh Kumar and ors. Vs. State of Rajasthan Through P.P.
Court: Rajasthan
Decided on: Jan-18-2007
Reported in: 2007CriLJ2493; RLW2007(2)Raj1124
Narendra Kumar Jain, J.1. This appeal under Section 374(2) of the Code of Criminal Procedure, on behalf of two accused persons - Rajesh Kumar and Rajendra @ Ajay, is directed against the judgment and order dated 16th of May, 2002 passed by the Additional Sessions Judge (Fast Track) No. 1, Bundi, in Sessions Case No. 74/2001, whereby each of the accused-appellants has been convicted under Section 395, IPC, to seven years rigorous imprisonment and a fine of Rs. 500/-; in default of payment of fine, to further undergo one month's additional simple imprisonment and, under Section 397, IPC, to seven years rigorous imprisonment and a fine of Rs. 500/-; in default of payment of fine, to further undergo one month's simple imprisonment.2. PW-10 Shiv Singh recorded a 'parcha bayan' Exhibit P-l of Sukhpal Singh (PW-1) at Bed No. 9, of Surgical Ward, Government Hospital, Bundi, wherein it was stated that on 9th of February, 2000, he was on duty along with Bhanwar Lal, Constable, at Ramganj Balaji ...
Smt. Renuka Vs. Rajendra Hada
Court: Rajasthan
Decided on: Jan-18-2007
Reported in: AIR2007Raj112; RLW2007(3)Raj1839
Shiv Kumar Sharma, J.1. In this appeal, the wife is the appellant. She has assailed the decree of nullity dated September, 17, 1994 of the learned Judge Family Court, Ajmer whereby the petition filed by the respondent-husband under Section 12 of the Hindu Marriage Act, 1955 (for short 'Act') was allowed and marriage between the two was annulled on the ground that it had not been consummated owing to the impotence of the wife.2. The respondent-husband in the petition against relief to declare the marriage of respondent with the appellant, a nullity. It was averred in the petition that the marriage of the two had taken place on March G, 1992 as per Hindu rites at Ajmer, After the marriage there was no marital and physical relationship between the two. In spite of efforts of respondent the appellant did not co-operate right from the first night of the marriage. Due to this indifferent attitude of the appellant, the respondent was living a life of tension which had affected his family and ...
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