Rajasthan Court September 2008 Judgments
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Eaiman Noor Bee (Smt.) and ors. Vs. Rajkumari Gang and ors.
Court: Rajasthan
Decided on: Sep-02-2008
Reported in: RLW2009(3)Raj2500
Ashok Parihar, J.1. A suit for eviction, recovery of rent and declaration filed by the plaintiff-respondents was decreed by the trial Court vide judgment and decree dated 25.11.2002 on the ground of denial of title, termination of tenancy as also default. The above judgment and decree passed by the trial Court has further been affirmed by the lower appellate Court vide judgment and decree dated 8.2.2008. Hence, the present appeal challenging the judgments and decrees passed by the Courts below. Learned Counsel for the appellants has vehemently submitted that the matter was argued by a Judicial Officer before the trial Court which is against the judicial propriety. The objection in regard to proper compliance of provisions of Section 106 of the Transfer of Properties Act has also been raised.2. After hearing learned Counsel for the parties, I have carefully gone through the material on record.3. AS has been observed in detail by the lower appellate Court that being legal heir of the ori...
Rahman Khan Vs. State of Rajsthan and ors.
Court: Rajasthan
Decided on: Sep-02-2008
Reported in: [2008(119)FLR957]
Gopal Krishan Vyas, J.1. In this writ petition the petitioner has prayed for quashing impugned order Annexure-12 dated 9.3.2005 and prayed for direction to the respondents to post him as Head Constable MT with all consequential benefits as given to similarly situated persons Amrit Lal, Surendra Singh and Chandra Bahadur. The petitioner has further sought direction to the respondents to permit him to apply for the post of Sub-Inspector MT and consider his candidature and, if he is found suitable, to give him all consequential benefits in the matter of promotion, pay fixation, and seniority as Sub-Inspector.2. The summarizad submissions in the writ petition indicate that petitioner was initially appointed as Constable (MT), more specifically as Driver in 1875. He was however promoted as Head Constable in accordance with Rule 28-A of the Rajasthan Police Subordinate Service Rules, 1989 (in short, hereinafter called 'the Rules of 1989'). Rule 28-A of the Rules of 1989 provides that 10% of ...
The State of Rajasthan and ors. Vs. Shivani Enclaves Pvt. Ltd. and anr ...
Court: Rajasthan
Decided on: Sep-01-2008
Reported in: RLW2009(3)Raj2485
Shiv Kumar Sharma, J.1. The question emerges for consideration in the instant appeal is - Whether a person, who has received benefit under a Notification, is entitled to challenge its constitutional validity?2. The respondents in this appeal filed writ petition challenging the Notification dated March 14, 1997, issued by the State of Rajasthan, appellant herein, under Section 78 of the Indian Registration Act, 1908 (for short 'the Act') as ultravires and for the refund of the amount of Rs. 10,24,280/- recovered from the respondents as registration charges vide receipt dated May 15, 1997. Learned Single Judge allowed the writ petition vide order dated December 10, 1999, which is under challenge in this appeal.3. The respondents participated in auction-sale of building known as 'Food Catering Institute Building', MI Road Jaipur. The highest bid of the respondents was accepted and sale was confirmed by the State on December 14, 1996. The respondents deposited consideration amount to the t...
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