Rajasthan Court May 2008 Judgments
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Sanjay Agarwal Vs. Smt. Krishna Agarwal
Court: Rajasthan
Decided on: May-26-2008
Reported in: AIR2008Raj194
Dinesh Maheshwari, J.1. This revision petition is directed against the order dated 11.02.2008 as passed by the District Judge, Merta in the proceedings under the Guardians and Wards Act, 1890 ('the Act of 1890') rejecting an application moved by the petitionerfather under Order VII Rule 11 of the Code of Civil Procedure and rejecting his contention that the Court at Merta has no jurisdiction to deal with the matter because the minor son of the parties, custody of whose person is in question, is living with his father at Jodhpur. 2. A brief reference to the background facts would suffice. The non-petitioner (hereinafter also referred to as 'the mother') has filed the aforesaid petition under Section 10 of the Act of 1890 stating the facts about her marriage with the petitioner (hereinafter also referred to as 'the father') on 03.06.2001 and out of this wedlock, the child Master Durgesh having born on 28.09.2004. While stating various facts and incidents when she was compelled to leave o...
Shri Mateshwari Indrani Construction Company Private Limited Vs. the S ...
Court: Rajasthan
Decided on: May-26-2008
Reported in: RLW2008(4)Raj3364
Vineet Kothari, J.1. The petitioner by way of present writ petition under Article 226 of the Constitution of India has challenged cancellation of Notice Inviting Tender issued by the Dy. Commissioner (Administration), Commercial Taxes Department, Bhilwara for awarding contract on behalf of the State Government for collection of tax on minerals (Chheja Patthar) for Revenue Tehsil Bhilwara, Shahpura, Baneda, Mandal, Jahajpur, Asind, Mandalgarh, Kotdi, Sahada, Raipur, and Hurda in Bhilwara District vide Notice Inviting Tender dtd. 22.8.2006 for Annual Expected Revenue of Rs. 130 lacs. The tenders were to be opened on 31.8.2006 at 4.30 p.m. The award of contract were to be given for tax collection charges on percentage basis on aforesaid expected revenue of Rs. 130 lacs and the petitioner gave the said bid on 30.8.2006 along with the demand draft No. 1183736 dtd. 30.8.2006 for a sum of Rs. 5,10,000/- towards earnest money as vide column No. 5 of the NIT Annex.1 dtd. 22.8.2006, the said sec...
Surendra Kumar Vs. State of Rajasthan
Court: Rajasthan
Decided on: May-26-2008
Reported in: 2009CriLJ568; RLW2008(4)Raj2984
Mohammad Rafiq, J.1. This revision petition has been filed against the order dated 17.8.2007 passed by Additional District and Sessions Judge (Fast Track) No. 3, Jhun-jhunu, Camp at Khetri whereby the application of the petitioner for determination of' his status as juvenile under Section 2(k) of the Juvenile Justice (Care and Protection of Children) Act, 2000 has been rejected.2. Factual matrix of the case is that a first information report for offence under Section 365, 394,302 and 201 IPC was lodged against the petitioner with Police Station, Khetri. Petitioner applied for grant of bail pending trial under Section 439 Cr.P.C. which was rejected by the Additional Chief Judicial Magistrate, Khetri. Petitioner thereupon moved the Court of Additional Sessions Judge (Fast Track) No. 2, Jhunjhunu Headquarter Khetri on the premises that his date of birth being 26.6.1989, on the date of incident, which is 26.4.2007, his age was 17 years and 10 months. This was contested by the prosecution w...
Santosh Kumar Vs. Smt. Ramwati
Court: Rajasthan
Decided on: May-26-2008
Reported in: RLW2009(1)Raj159
Mohammad Rafiq, J.1. This revision petition has been filed at the instance of the husband-petitioner against the order dated 15.2.2008 whereby the learned Additional Sessions Judge No. 2 Alwar allowed the appeal of the respondent-wife and enhanced the maintenance awarded to the respondent-wife by the learned Additional Chief Judicial Magistrate Alwar under Section 125 Cr.P.C. The Addl. Chief Judicial Magistrate in his order dated 19.4.2006 awarded to the respondent wife a sum of Rs. 500/- per month as maintenance from the date of the application dated 4.1.2001. Learned Additional District Judge under his order dated 15.2.2008 enhanced the amount of maintenance from Rs. 500/- per month to Rs. 1000/- per month.2. I have heard Shri J.R. Tantia, earned Counsel for the petitioner and perused the impugned order.3. Learned Counsel for the petitioner has argued that the amount of maintenance directed to be paid under the provisions of Section 125 Cr.P.C. could not be enhanced by the learned Ad...
Jala Ram Vs. State of Rajasthan and anr.
Court: Rajasthan
Decided on: May-26-2008
Reported in: 2008(3)WLN164
Prakash Tatia, J.1. The petitioner Jala Ram was convicted under Section 302 IPC by the trial Court. His conviction and sentence has been altered by Hon'ble Supreme Court and he has been acquitted from the charge for offence under Section 302 IPC. However, he has been convicted under Section 304 Part I IPC and has been sentenced to undergo ten years rigorous imprisonment with fine of Rs. 500/- in default to undergo three months simple imprisonment. The petitioner by the time, moved the application for his premature release, completed total sentence of 6 years, 9 months and 25 days and by the time, petitioner's case was considered by the Advisory Board in meeting dt. 10.01.2008, four more months have passed.2. Petitioner's prayer for pre-mature release under Rajasthan Prisoner (Shortening of Sentence) Rules, 1958 (hereinafter referred to as 'Rules of 1958') was rejected on the ground that in jail, his work in the factory was not satisfactory. Petitioner therefore, has challenged the orde...
Choru Lal, Vs. Rajasthan Agriculture University and anr.
Court: Rajasthan
Decided on: May-23-2008
Reported in: RLW2008(4)Raj3296
ORDERGopal Krishan Vyas, J.1. In all above writ petitions, petitioners are challenging validity of order dated 20/6/2006 passed by Agriculture University, Bikaner, whereby, petitioners were reverted on the post of class IV employees on the ground that the qualification of Prathma acquired by them from Hindi Sahitya Sammelan, Allahabad due to derecognition with effect from 28/6/1985 cannot be treated equivalent to Matriculation for the purpose of promotion on the post of LDC. The State Government in pursuance of judgment rendered by Full Bench of Rajasthan High Court in case of Prem Kumar v. State of Rajasthan, which is decided along with case of Shanker Lal v. RSEB passed an order on 7/3/2000 that those persons who were promoted on the basis of qualification acquired by them from Hindi Sahitya Sammelan, Allahabad after 28/6/1985 shall be reverted on the post of Class IV employees because the said qualification from Hindi Sahitya Sammelan has not been treated equivalent to the Secondary...
Mohammed Ali Vs. State of Raj. and anr.
Court: Rajasthan
Decided on: May-23-2008
Reported in: [2008(119)FLR43]; RLW2008(4)Raj3342
Gopal Krishan Vyas, J.1. This writ petition has been filed by the petitioner for granting regular pay scale of the post of Pump Driver from the date of initial appointment or at least from the date of reinstatement in pursuance of award dated 20/2/1996 and further prayed for regularization of his services on the post of Pump Driver.2. According to facts of the case, petitioner was initially appointed as Pump Driver @ Rs. 25/- per day by the Principal, Doongar College, Bikaner on 14/9/1988.The services of petitioner were terminated w.e.f. 1.7.1990 and against his termination, petitioner raised industrial dispute and after reference by the appropriate government in pursuance of failure report sent by conciliation officer, the matter was finally adjudicated by the Judge, Labour Court, Bikaner and an award dated 20/2/1996 was passed, whereby, retrenchment of petitioner w.e.f. July, 1990 was set aside and he was held entitled for reinstatement with continuity in service and back wages from ...
State of Rajasthan Vs. Radhey Shyam
Court: Rajasthan
Decided on: May-23-2008
Reported in: RLW2008(4)Raj3471
Mahesh Chandra Sharma, J.1. The State of Rajasthan has preferred this appeal against the judgment of acquittal dated 3.4.2000 passed by learned Additional Chief Judicial Magistrate, Bundi (Rajasthan) (for short 'the learned trial Court') in criminal, case No. 49/1998, whereby he acquitted the accused respondent for the offence under Section for the offence under Section 325 and 504 IPC by giving him benefit of doubt.2. Brief facts of the case are that on 21.8.1994 complainant lshwar submitted a report to this effect that today near about 9.30 AM he went to Dhanmandi building to his father. Then his father told that Radhey Shyam upon not sending younger wife Pinki, left this place after causing unparliamentary language. When he stated about this fact/then he came with stick and fell down on the land.3. The police on the basis of this written report registered an FIR for the offence under Sections 307, 325 and 504 IPC.4. The police after usual investigation submitted challan against the ...
Suraj Prakash Meena Vs. State of Rajasthan
Court: Rajasthan
Decided on: May-23-2008
Reported in: RLW2008(4)Raj3051
Raghuvendra S. Rathore, J.1. Heard learned Counsel for the petitioner, learned Public Prosecutor and perused the material on record.2. After having received informations that the Housing Co- operative Societies in the city of Jaipur have been committing fraud with the public and they have even issued forged pattas and also resulting in loss of cross of rupees every month by way of revenue to the State Government in respect of registration fee. That Deputy Inspector General of Police, Special and Economic Crime had issued directions to the Additional Superintendent of Police to inquire into the matter and to intimate. A team of twelve police personnels was constituted for the purpose. During this period, a complaint was received from one Kanhiya Lal Saini on 6.2.2008 alleging that the petitioner has committed fraud with many persons through his Company, namely, Jhandewala Mahaveer Colonizers Pvt. Ltd. The Additional Superintendent of Police then proceeded into the matter. During the cou...
State of Rajasthan Vs. Vikas Granite Industrial and anr.
Court: Rajasthan
Decided on: May-23-2008
Reported in: RLW2009(1)Raj563
Mahesh Chandra Sharma, J.1. Both the criminal appeals filed by the State of Rajasthan arise out of the same set of facts and evidence, hence they are being decided by this common Judgment.2. The State of Rajasthan has preferred these two appeals against the judgments of acquittal dated 30.5.1998 passed by learned Special Judge, Essential Commodities Act Cases, Jhunjhunu in criminal (Sessions) Case No. 3/1996 and 5/1996.Facts of Case of Appeal No. 1127/02:3. On 19.2.1996 Mr. Shyam Sunder Sharma, District Supply Officer, Jhunjhunu along-with other officials went to enquire about supply of illegal kerosene oil to plant of M/s. Pahal Granite Industries, Chirawa situated at Industrial Region. After reaching there, these persons saw that two drums were lying there in which 420 ltr kerosene oil was there, which was of supply of general public. When he enquired about the owner of the firm, then one worker of the firm namely; Jai Kumar told that the owner of the factory is Virendra and he has g...
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