Rajasthan Court July 2007 Judgments
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Nathu Ram Vs. Jaipur Vidyut Vitran Nigam Ltd. and ors.
Court: Rajasthan
Decided on: Jul-06-2007
Reported in: RLW2008(1)Raj665
Prem Shanker Asopa, J.1. By the instant writ petition, the petitioner has prayed for an appropriate writ, order or direction to the respondents to amend order dated 2.6.1998 (Anx. 3) so far as it relates to not passing any order for treating the period from 29.12.1983 to 14.12.1997 as spent on duty for all purposes and full pay and allowances. The petition has further prayed to allow all consequential benefits of service from 30.11.1979 to 2.6.1998 including pay and allowances, annual grade increment, bonus, liveries along with interest at the rate of 12% per annum from 2.6.1998 to the date of payment as well as to fix his pay in the Revised Pay Scale Rules, 1981, 1986, 1989 and 1996 as also to grant selection scale as per order dated 25.1.1992. Although the petitioner has prayed for pensionary benefits including pension, gratuity, leave encashment but on the date of final arguments i.e. 18.5.2007, counsel for the petitioner has not pressed for the relief of pension. 2. The facts, in b...
Mahendra Meena and Etc. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jul-05-2007
Reported in: 2007CriLJ3495; RLW2007(1)Raj159
R.S. Chauhan, J.1. Both these appeals arise out of judgment dated 22 1-02 passed by the Addl. Sessions Judge (Fast Track), Baran whereby he has convicted both the appellants under Section 302/34 of Indian Penal Code (IPC, for short) and has sentenced them to imprisonment for life and has imposed a fine of Rs. 2,000/- and to further undergo 3 months of rigorous imprisonment in default thereof. Since both the appeals arise out of the same judgment, they are being decided by this common judgment.2. According to the prosecution on 1-10-2000 Chhagan Lal (P.W.1) lodged a written report (Ex.P. 1) at Police Station Bhanwargarh, District Baran wherein he claimed that 'as usual his uncle's son, Mool Chand, took out his goats for grazing. On that day around three O'clock in the afternoon Vijendra Singh, s/o Bhanwar Lal Gurjar and Mahendra, s/o Mohan Lal Meena went to the place where Mool Chand was grazing his goats, Mahendra was carrying 'Khutiya' (a sharp-edged weapon) and Vijendra was carrying ...
Narayan Singh and anr. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jul-05-2007
Reported in: RLW2008(I)Raj161
Shiv Kumar Sharma, J.1. Narayan Singh and Ganga Ram (appellants herein) along With Nain Singh were put to trial before the learned Additional Sessions Judge (Fast Track) No. 2, Jhalawar, who vide judgment dated February 12, 2002 convicted and sentenced the appellants as under:Narayan Singh:Under Section 302 IPC:To suffer imprisonment for life and fine of Rs. 1000/-, in default to further suffer two months simple imprisonment.Under Section 449 IPC:To suffer rigorous imprisonment for five years and Fine of Rs. 500/-, in default to further suffer one month simple imprisonment.Under Section 3/25 Arms Act:To suffer rigorous imprisonment for one year and fine of Rs. 500/-, in default to further suffer one month simple imprisonment.Ganga Ram:Under Section 302/34 IPC:To suffer imprisonment for life and fine of Rs. 1000/-, in default to further suffer two months simple imprisonment.Under Section 449 IPC:To suffer rigorous imprisonment for five years and fine of Rs. 500/-, in default to further ...
Devendra Kumar Dubey Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Jul-05-2007
Reported in: 2007(3)WLN606
Govind Mathur, J.1. By this petition for writ challenge is given to an order dt. 01.11.1993 passed by the Secretary, Shri Lal Bahadur Shastri Shikshan Sansthan, Paota, Jodhpur. By the order aforesaid services of the petitioner were terminated w.e.f. 30.11.1993.2. It is not in dispute that a petition for writ (S.B. Civil Writ Petition No. 5777/1993, Kamlesh Kumar Trivedi v. State of Rajasthan and Ors.) filed by a co-employee of the petitioner, based on similar facts and legal contentions, has already been accepted by this Court vide judgment dt. 20.07.2004. By the judgment referred above this Court while setting aside the order terminating Shri Kamlesh Kumar Trivedi from service ordered for his reinstatement with continuity of service.3. The contention of counsel for the respondents is that this Court in the case of Kamlesh Kumar Trivedi (supra) while examining validity of the order impugned erroneously reached at the conclusion that the order was punitive in character and could not hav...
Banarsi Devi (Smt.) Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Jul-05-2007
Reported in: 2008(1)WLN203
K.S. Rathore, J.1. The petitioner was appointed as part time Cook at the Government Savachhakar Boys Hostel run by the Department of Social Welfare, Sikar in the year 1995 and since then she is continuously working on this post. This writ petition is filed by the petitioner seeking writ order or direction by this Court to regularise the services of the petitioner on the post of Cook and to provide all the benefits to the petitioner along with consequential benefits.2. Learned Counsel for the petitioner has placed reliance on the judgment rendered by this Court in the case of Smt. Radha Devi v. State of Raj. and Anr. reported in 2005 (2) WLC (Raj) 220, wherein this Court has held that scheme for rgularisation of part time workers in Social Welfare Department already framed and as per the scheme framed the petitioner be regularised on the post of Cook if the petitioner otherwise found eligible and till then the petitioner is entitled for minimum pay of class IV employee.3. Hon'ble the Su...
Geeta Devi (Smt.) Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Jul-05-2007
Reported in: 2007(3)WLN283
Gopal Krishan Vyas, J.1. By way of filing the present first appeal under Section 96, C.P.C., the appellant has challenged the judgment and decree dt. 22.12.1988 passed by Additional District Judge, Bhilwara in Civil Misc. Case No. 23/84 (39/84) whereby the suit filed by the plaintiff-appellant was dismissed.2. According to the facts of the case, a suit was filed by plaintiff-appellant challenging the assessment made by the Commercial Taxation Officer, Bhilwara on the ground that the said assessment made by the respondent No. 2 was without jurisdiction. It was averred in the plaint that the plaintiff-appellant started a business in the name and style of Jegotia Video Tea House on 21.06.1983 to serve tea to customers. On 04.07.1983, the Inspector of Commercial Taxes Department inspected the shop in question and it has been said that the aim of the shop is to serve the tea to their customers and not to entertain the customers. On 06.07.1983, a notice was issued by the Commercial Taxation ...
Prabha Tak (Smt.) Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Jul-04-2007
Reported in: RLW2007(4)Raj3087
Govind Mathur, J.1. The petitioner, a member of Rajasthan Administrative Service (RAS), by this petition for writ is claiming to be considered for promotion to selection grade of RAS against the vacancies relating to the year 1991-92 by redetermination of the number of vacant posts.2. The tactual matrix as emerging from pleadings of the case is that the petitioner become a member of RAS in the year 1978 and was promoted to its senior scale against the vacancies of the year 1981. By an order dated 10.2.1992 she was promoted to the selection grade of RAS for the vacancy year of 1991 92 subject to review and revision as prescribed under Rule 28(B)(b) of the Rajasthan Administrative Service Rules, 1954 (hereinafter referred to as 'the Rules of 1954') against the vacancies relating to seniority-cum-merit quota.3. Relevant to note here that as per Rule 28(B)(6) of the Rules of 1954 selection for promotion to all higher posts or categories other than the junior scale of RAS is required to be ...
Ramesh Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jul-04-2007
Reported in: 2007CriLJ4352; RLW2007(1)Raj153
R.S. Chauhan, J.1. The alleged rape and murder of a five years old girl, the conviction for offences under Sections 366, 376 and 302 of Indian Penal Code (IPC, for short) has brought the appellant before this Court.2. According to the prosecution, on 23-2-2001, one Gopal (P.W. 1) lodged a written report (Ex. P. 1) before the Police Station, Ramganj Mandi, Kota wherein he claimed that 'he is a resident of village Kudayala, Police Station, Ramganj Mandi. His neighbour is Rampsh (the appellant before us). On that day his son Birdhi Lal had gone out to his work. At his house his wife, his daughter-in-law and he himself were left. Subsequently, both his wife and he left the house. Around 6-7 o'clock in the evening his granddaughter Jiya, aged five years, was playing near the house. His daughter-in-law suddenly notice that the child was missing. She was informed by the daughter of Manak Meghwal that Ramesh was standing with her daughter Jiya behind the wall of the house of Chhiter Meghwal. B...
Madan Mohan and anr. Vs. State of Raj.
Court: Rajasthan
Decided on: Jul-04-2007
Reported in: RLW2008(1)Raj167
Shiv Kumar Sharma, J.1. Madan Mohan and Laxman Prasad, appellants herein, along with Raja Ram (died during trial) were indicted before learned Additional Sessions Judge (Fast Track) No. 3 Bharatpur, who vide judgment dated July 11, 2002 convicted and sentenced the appellants as under:Under Section 302/34 IPC:Both to suffer imprisonment for life and fine of Rs. 500/r, in default to further suffer six months simple imprisonment.Under Section 325/34 IPC:Both to suffer simple imprisonment for two years.Under Section 324/34 IPC:Both to suffer simple imprisonment for two years.Under Section 323/34 IPC:Both to suffer simple imprisonment for six months.All sentences were directed to run concurrently.2. It is the prosecution case that on April 10, 2001 informant Ram Khilari submitted a written report (Ex.P-15) at Police Station Nadbai to the effect that on the said day around 5-6 AM while the informant along with his wife Narvada (since deceased) and son Umesh was reaping the wheat crop at his ...
Parmeshwar Patidar and ors. Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Jul-04-2007
Reported in: RLW2007(4)Raj3512
H.R. Panwar, J.1. The aforesaid writ petition and 75 other the bunch of writ petitions shown in Schedule-A annexed to this order, involve common questions of law and facts and, therefore, with the consent of learned Counsel for the parties, they are being heard and decided together.2. In SBCWP Nos. 1817/2997, 1819/2007, 1820/2007, 1911/2007, 2114/2007, 2864/2007, 2388/2007, 1899/2007 and 2635/2007, the validity of proviso 2nd to Rule 266 of the Rajasthan Panchayat Raj Rules, 1996 (for short, 'the Rules of 1996' hereinafter) has been challenged and in the remaining writ petitions as shown in Schedule-A annexed to this order, the corrigendum Annx.2 dated 30-11-2006, to the extent of imposing the condition to produce B.Ed., BSTC Degrees by the applicant/candidate on the date of declaration of the result of competitive examination for the post of Teacher Grade III in primary/upper primary schools, has been challenged. All the writ petitions are being decided by this common order taking the...
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