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Rajasthan Court June 2008 Judgments

Jun 30 2008

Vasudev Vyas Vs. National Insurance Co. Ltd. and ors.

Court: Rajasthan

Decided on: Jun-30-2008

Reported in: RLW2009(1)Raj62

ORDERDinesh Maheshwari, J.1. By way of this writ petition, the petitioner, working on the post of Assistant (C) with the respondent National Insurance Company Limited [hereinafter referred to as the 'respondent Company'] and having been transferred from Divisional Office, Jodhpur to Branch Office, Balotara, has challenged the transfer order dated 18.08.2006 (Annex.7) as being violative of statutory requirements.2. Put in a nut-shell, the contentions of the petitioner are that a part of Transfer Policy as framed, and the consequential Administrative Instructions as issued by the respondent Company are not in conformity with the statutory Scheme related with such transfers; and that his transfer order has been issued by an officer who could not have been and has not been authorised to do so; and further that the transfer order has been issued even contrary to the terms of the Transfer Policy.3. The petitioner has averred in the writ petition that he was appointed by the respondent Compan...

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Jun 30 2008

Kifayat HussaIn Vs. State of Rajasthan and ors.

Court: Rajasthan

Decided on: Jun-30-2008

Reported in: RLW2008(4)Raj3695

ORDERDinesh Maheshwari, J.1. By way of this writ petition, while putting a challenge to the phraseology of Rule 7(1) of the Rajasthan Civil Services (Medical Attendance) Rules, 1970 ('the Rules of 1970'), the petitioner has prayed for quashing of the communication dated 25.06.2001 (Annex.9) and directions to the respondents to make payment of the expenditure incurred by him for bypass surgery at Escorts Heart Institute, New Delhi (hereinafter also referred to as 'Escorts' for short).2. While pointing out that he entered the services of Government of Rajasthan in the Department of Revenue as LDC in the year 1968, was promoted to the post of UDC, and is working on such a post in the Collectorate at Banswara, the petitioner has averred that he suffered heart attack in the month of September 1999 and after primary treatment at Banswara, he was referred to and was treated at RNT Medical College Hospital, Udaipur; that after treatment at Udaipur for some time, he was referred for investigati...

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Jun 30 2008

Mahendra Singh Gehlot Vs. Gopal Arora and ors.

Court: Rajasthan

Decided on: Jun-30-2008

Reported in: RLW2008(4)Raj3681

Dinesh Maheshwari, J.1. By way of this writ petition, the plaintiff-petitioner seeks to question the order dated 08.12.2007 (Annex.12) as passed by the learned Trial Court allowing an application for amendment of the written statement as moved by the defendants-respondents. The plaintiff-petitioner essentially contends that the amendment operates to his prejudice in taking away an accrued right; and that the amendment could not have been allowed after the trial had commenced.2. The background facts and relevant aspects of the matter are that the plaintiff-petitioner has filed the suit [C.O. No. 20/2003 in the Court of Additional Civil Judge (Senior Division) No. 3, Jodhpur] for eviction and recovery of arrears of rent against the defendants-respondents in relation to a shop situated outside Sojati Gate, Jodhpur with the averments in the plaint (Annex.13), inter alia, that the shop in question is of his ownership and had earlier been of the ownership of his aunt Dr. Parvati Gehlot; that...

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Jun 30 2008

T. Crauford (Mrs.) Vs. Ms. Maary Disilva and ors.

Court: Rajasthan

Decided on: Jun-30-2008

Reported in: RLW2008(4)Raj3409

Jitendra Ray Goyal, J.1. Since these two appeals filed by the appellant-defendant No. 1 Mrs. T. Crauford, one against the preliminary decree dated 9.9.1996 and another against final decree dated 19.2.1998 passed by Additional District Judge No. 8, Jaipur City, Jaipur in a partition suit No. 282/1996, therefore both the appeals have been heard together and are being decided by this common judgment.2. Brief facts giving rise to these appeals are that plaintiff-respondents (hereinafter to be referred as the plaintiffs) filed a suit for partition in the court of District Judge, Jaipur City, Jaipur on 4.1.1986 seeking the relief against the appellant-defendant No. 1 T. Crauford (hereinafter to be referred as the defendant No. 1) in regard to a bungalow commonly known as 'kaptan sahab ka bangla' situated at Amritpuri, Agro Road, Jaipur stating therein that parties of the suit are sons and daughters of Mrs. E. Disilva, one of the daughter and legal heir of Late Captain R. Alexander. The mothe...

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Jun 30 2008

State of Rajasthan Vs. Ram Chand

Court: Rajasthan

Decided on: Jun-30-2008

Reported in: RLW2008(4)Raj3399

Mahesh Chandra Sharma, J.1. The State of Rajasthan has preferred this appeal under Section 378(i)(iii) Cr.P.C. challenging the Judgment 4.4.1995 passed by learned Civil Judge (Sr. Division-) & Addl. Chief Judicial Magistrate, Chhabra (for short 'the learned trial Court') in criminal case No. 639/1993, whereby he released the accused respondent by giving benefit of Section 4 of the Probation of Offenders Act, 1958 (for short 'the Act of 1958') for the offence under Section 7/16 of the Food Adulteration Act, 1954 (for short 'the Act of 1954').2. Background facts in a nutshell are that on 17.11.1987 at 7:15 AM, Food Inspector, recovered adultered milk from the possession of Ram Chand. Upon this Food Inspector made a phard of site and after making payment, he purchased the milk for sample. After following the due procedure a complaint was filed under Section 7/16 of the Food Adulteration Act.3. Charge was framed against the accused respondent for the aforesaid offence and after framing the...

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Jun 30 2008

Hukam Singh Vs. State of Rajasthan

Court: Rajasthan

Decided on: Jun-30-2008

Reported in: RLW2008(4)Raj3499

Shiv Kumar Sharma, J.1. Greed of silver-anklets forced the killer to enter into the lonely room of an old and infirm lady Manphooli Devi (since deceased) and to chop off her ankles in the Intervening night of July 25 and 26, 2003. The killer, subsequently identified as Hukam Singh, appellant herein, was put to trial before learned Additional Sessions Judge (Fast Track), No. 1, Jaipur City Jaipur. Learned Judge vide judgment dated December 20, 2004 convicted and sentenced the appellant as under:Under Section 302 IPC:To suffer imprisonment for life and fine of Rs. 500/- in default to further suffer rigorous imprisonment for six months.Under Section 397 IPC:To suffer rigorous imprisonment for seven years.Sentences were ordered to run concurrently.2. It is the prosecution case that on July 26, 2003 informant Gopal Lal (PW.5) handed j)Ver a written report (Ex.P-3) at Police Station Brihmapuri Jaipur stating therein that his mother Manphooli Devi, an old and infirm lady was residing alone in...

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