Rajasthan Court January 2007 Judgments
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Ratan Lal Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Jan-18-2007
Reported in: 2007CriLJ2467
ORDER1. The petitioner-Ratan Lal, convicted for offence under Section 302, I.P.C. incarcerated in Central Jail, Ajmer, at the dusk of his life wishes to be re-united with his son Phool Chand. who is undergoing his sentence at the Sampurnanand Open Jail, Durgapura, Jaipur. The petitioner has challenged the omission on the part of the respondents in not transferring him from Central Jail, Ajmer to the Open Jail at Durgapura, Jaipur.2. The brief facts of the case are that the petitioner along with his son Phool Chand were convicted for offence under Sections 302/149, I.P.C. and were sentenced to life imprisonment by the Sessions Judge, Jhalawar. The petitioner is in judicial custody since 1 -1-1995. The appeal filed by the petitioner and his son was dismissed by this Court. Considering the excellent conduct of the petitioner's-son Phool Chand he was transferred from the Central Jail, Ajmer to the Sampurnanand Open Jail at Durgapura. Jaipur. The petitioner, who happens to be 69 years old, ...
Govind N. Lata Vs. R.S. Agr. Mar. Board and anr.
Court: Rajasthan
Decided on: Jan-18-2007
Reported in: RLW2007(3)Raj2064
Ajay Rastogi, J.1. Question arising for consideration in instant writ petition is as to whether amendment in Rule 56 of Rajasthan Civil Services made by State Government vide Notification dt. 24.5.2004 (Ex. 3) changing age of superannuation from 58 to 60 years can be made applicable to employees of Rajasthan State Agricultural Marketing Board whose recruitment & conditions of service are regulated in accordance with Rajasthan State Agricultural Marketing Board (Service) Bye-laws, 1977.2. Petitioner was appointed as Lower Division Clerk in Rajasthan State Agricultural Marketing Board (respondent) and while holding post of Accountant, he stood retired from service on attaining 58 years' age of superannuation on 31.8.06 vide order dt. 28.4.06 (Ex. 2.).3. Chapter 1V-A was inserted in Rajasthan Agricultural Produce Markets Act, 1961 ('Act 1961') vide Rajasthan act No. 15-A of 1973 published in Gazette Part-IV-A Extra ordinary on 14.7.1973. Amended Chapter IV-A of the Act, 1961 consisted of ...
Renuka (Smt.) Vs. Rajendra Hada
Court: Rajasthan
Decided on: Jan-18-2007
Reported in: 2007(1)WLN314
Shiv Kumar Sharma, J.1. In this appeal the wife is the appellant. She has assailed the decree of nullity dt. 17.09.1994 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 has not been consummated owing to the impotence of the wife.2. The respondent husband in the petition sought 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 06.03.1992 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 has affected his family and social status. On ...
Tola Ram and ors. Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Jan-18-2007
Reported in: 2007(3)WLN207
H.R. Panwar, J.1. By the instant writ petition under Article 226 of the Constitution of India, the petitioners seek a direction to the respondents to grant all benefits as per the provisions of Rajasthan Service Rules, 1951 (for short 'the R.S.R.' hereinafter) from the date the petitioners No. 1 to 6 were absorbed in the regular cadre post as Beldar and petitioner No. 7 as Helper vide Annex.P-3 and to consider the case of the petitioners for promotion to the next higher post as per the provisions of Rajasthan Engineering Subordinate Service (Public Health Branch) Rules, 1967 (for short 'the Rules of 1967' hereinafter) and to pay all consequential benefits as per the provisions of the R.S.R. from the date of issuance of Annex.P-3 dt. 23.03.1998.2. I have heard learned Counsel for the petitioners and the Assistant Government Advocate appearing for the respondents.3. The facts and circumstances giving rise to the instant writ petition are that the petitioners were initially appointed as w...
Jameela Bano Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Jan-18-2007
Reported in: 2007(3)WLN319(1)
H.R. Panwar, J.1. By the instant writ petition under Article 226 of the Constitution of India, the petitioner has challenged the order dt. 04.07.2005 (Annex.-P/9).2. Heard learned Counsel for the parties.3. It is contended by the learned Counsel for the petitioner that the petitioner has been transferred from Government Upper Primary School, Gopaldwara Mandal, Distt. Bhilwara to Government Upper Primary School, Manak Chowk, Jahajpur, Distt. Bhilwara in pursuance of order dt. 31.10.2002 (Annex.-P/1) issued by the Additional Chief Executive Officer (Elementary Education), Bhilwara. Vide orders dt. 29.06.2005 (Annex.-P/8) and 04.07.2005 (Annex.-P/9), the petitioner was relieved to join her duties at Government Upper Primary School, Manak Chowk, Jahajpur, Distt. Bhilwara. Effect and operation of both the orders Annexure-P/8 and Annexure-P/9 have been stayed by this Court on 30.08.2005 and by virtue of that the petitioner continued at Government Upper Primary School, Gopaldwara, Mandal, Dis...
Surendra Kumar and ors. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jan-17-2007
Reported in: RLW2007(2)Raj1263
Shiv Kumar Sharma, J.1. Surendra Kumar, Rajesh Kumar and Pappu @ Prakash, the appellants herein, along with Gopal Das were put to trial before learned Additional Sessions Judge (Fast Track) No. 1 Jaipur City in Sessions Case No. 59/2001, who vide judgment dated August 24, 2001 convicted and sentenced the appellants as under:Surendra Kumar:Under Section 302 IPC:To suffer life imprisonment and fine of Rs. 1000/-, in default to further suffer three months simple imprisonment. Under Section 324 IPC:To suffer rigorous imprisonment for one year and fine of Rs. 1000/-, in default to further suffer three months rigorous imprisonment. Under Section 4/25 Arms Act:To suffer rigorous imprisonment one year and fine of Rs. 1000/, in default to further suffer three months simple imprisonment. Rajesh Kumar:Under Section 302/34 IPC:To suffer life imprisonment and fine of Rs. 1000/-, in default to further suffer three months simple imprisonment. Under Section 324/34 IPC:To suffer rigorous imprisonment f...
Vijay Saraswat Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Jan-17-2007
Reported in: RLW2007(2)Raj1219
H.R. Panwar, J.1. By the instant writ petition under Articles 226 and 227 of the Constitution of India, the petitioner seeks to quash the orders impugned Annex. 4 dated 3.9.2005, Annex.5 dated 13.9.2005 and Annex.7 dated 3.10.2005.2. I have heard learned Counsel for the parties.3. The facts and circumstances giving rise to the instant writ petition are that the petitioner was initially appointed on the post of Teacher Gr. III vide order Annex. 1 dated 24.3.1989, however, the petitioner was appointed as Senior Teacher (Mathematics) vide order Annex.2 dated 17.6.1992 and as such the petitioner is an employee of the respondent Education Department and his services are governed by the Rajasthan Educational Subordinate Service Rules, 1971 (for short 'the Rules of 1971' hereinafter). During his service tenure, the petitioner was transferred to various places i.e. Government Secondary School Barwada, Udaipur (Rural) and Government Senior Secondary School Ambamata, Udaipur (Urban). The respond...
Ganesh Chandra Joshi Vs. Union of India (Uoi) and ors.
Court: Rajasthan
Decided on: Jan-17-2007
Reported in: RLW2007(2)Raj1169
H.R. Panwar, J.1. By the instant writ petition under Article 226 of the Constitution of India, the petitioner seeks to quash the order Annex.7 dated 18.4.2006 and order Annex.13 dated 24.5.2006 passed by the respondent No. 3.2. I have heard learned Counsel for the parties.3. The facts and circumstances giving rise to the instant writ petition are that the petitioner was initially appointed on the post of B/R Grade II on 18.1.198,3 with the respondents. During his service tenure, the petitioner was posted to various places and performed duties at Bhutan, J & K, Uttar Kashi, Mijoram, Arunachal Pradesh etc. Lastly, the petitioner was transferred to Bikaner which according to the counsel for the petitioner is a static formation. However, while the petitioner was posted at Bikaner, he was attached to Hanumangarh by order Annex. 1 which according to the petitioner is a non-static formation. The petitioner represented to the higher authorities. However, in the meantime, the petitioner was tra...
Tulsidas Vs. State of Rajasthan and anr.
Court: Rajasthan
Decided on: Jan-17-2007
Reported in: 2007CriLJ1343; RLW2007(3)Raj1956
ORDERG.S. Sarraf, J.1. The case relates to an occurrence of the year 1988.2. Briefly stated the facts are that on a complaint filed by the petitioner the police submitted final report after investigation saying that only an offence Under Section 323, IPC was made out which was a non-cognizable offence. The petitioner thereupon filed a protest petition on 21-7-1988. Chief Judicial Magistrate, Pali by order dated 16-5-1989 dismissed the protest petition of the petitioner and accepted the final report but gave liberty to the petitioner to produce evidence Under Sections 200 and 202, Cr. P.C. The petitioner filed a revision petition against the above order which was dismissed by Sessions Judge, Pali by order dated 23-12-1989 holding that the Chief Judicial Magistrate was not competent to make enquiry Under Sections 200 and 202, Cr. P.C. Against this order of the Sessions Judge, Pali, the petitioner filed a miscellaneous petition before this Court which was dismissed by this Court by order ...
Preeti Mehta Vs. Judge, Mact
Court: Rajasthan
Decided on: Jan-17-2007
Reported in: RLW2007(3)Raj2611
Gyan Sudha Misra, J.1. This appeal has been preferred against the order of the learned Single Judge who has been pleased to dismiss the writ petition filed by the appellant imposing cost on the petitioner appellant herein who had appeared in person.2. The circumstances under which the writ petition was dismissed with cost discloses that the petitioner being a member of Kishangarh Bar Association challenged the direction issued by the Presiding Officer, Motor Accident Claims Tribunal, Kishangarh (Ajmer) vide his letter dated 3rd August, 2004. Vide the impugned letter, the Presiding Officer had issued instructions to the Principal Medical Officer, Government Yagya Narain Hospital, Kishangarh to constitute a Board for medical examination of medico legal cases. Obviously, since the Presiding Officer in his experience noticed that bogus medical certificates and injury reports were issued by a single doctor, the Presiding Officer as per Rule 2(i) of the Rajasthan Employment of the Persons wi...
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