Rajasthan Court February 2009 Judgments
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Ram Lal Vs. Mohan Lal
Court: Rajasthan
Decided on: Feb-17-2009
Reported in: RLW2009(4)Raj3502
Vineet Kothari, J.1. This revision petition is directed against the order dated 20.1.2009 passed by the learned trial Court rejecting the application under Order 7 Rule 11 C.P.C. of the petitioner-defendant. The petitioner submitted that the earlier the suit filed by the plaintiff-landlord was returned for proper presentation on 21.12.1999 against the plaintiff approached this Court and this Court remanded the matter back to the learned District Judge and the learned District judge disposing of the appeal filed by the plaintiff on 1.11.2004 directed that if valuation of the suit si reduced below Rs. 50,000/- by waiving of claim of arrears of rent by Rs. 7,000/-, the suit in question may been entertained by the learned trial Court. Accordingly, the said suit originally filed on 19.8.1995 was again filed by the plaintiff waiving his claim of arrears of rent by Rs. 7000/- and thus amended suit registered on 1.11.2004 as suit No. 23/2004 - Mohan Lal v. Ram Lal was instituted in the learned...
Poonam Chand Panchariya Vs. the Judge, Industrial Disputes Tribunal an ...
Court: Rajasthan
Decided on: Feb-17-2009
Reported in: 2009(2)WLN54
H.R. Panwar, J.1. By order dt. 25.01.2008 notice was issued to the respondent. Despite service of notice, the respondent RSRTC failed to appear and therefore, by order dt. 13.08.2008 notice for final disposal at the admission stage was directed to be issued and notice in pursuance thereof has been served as per office report dt. 05.02.2009. However, no one appears for the respondent RSRTC.2. Heard learned Counsel for the petitioner. 3. By the instant writ petition under Article 227 of the Constitution of India, the Award Annex.1 dt. 11.01.2001 has been challenged by the petitioner.4. It is contended by learned Counsel for the petitioner that the Appropriate Government made a reference by notification dt. 20.04.1999 to the respondent Industrial Disputes Tribunal and Labour Court, Jodhpur (for short 'the Labour Court' hereinafter). The Labour Court by the award impugned made a 'No Dispute Award'. According to the learned Counsel for the petitioner, there is no word like 'No Dispute' in t...
Bulaki Dass Vs. Ram Swaroop
Court: Rajasthan
Decided on: Feb-16-2009
Reported in: RLW2009(2)Raj1175; 2009(1)WLN64
Vineet Kothari, J.1. This second appeal has been preferred by the tenant - defendant Bulaki Dass against the concurrent judgments of two Courts below giving eviction decree against him and in favour of the plaintiff Ram Swaroop on the ground of second default being committed in payment of rent by the tenant.2. The Courts below found that earlier suit filed by the plaintiff land-lord, namely, suit No. 55/1977 was decided on 22.7.1978 giving benefit of first default to the tenant under the provisions of Sections 13(6) of the Rajasthan Rent Control Act, 1950. On other issues, the plaintiff filed an appeal being appeal No. 52/1978 against the said judgment of the learned trial Court which also came to be dismissed by the first appellate Court on 11.7.1980 and the present second suit was filed by the plaintiff, namely, Suit No. 58/1981 on 4.2.1981 on the ground that the tenant had committed second default in payment of rent for the month of June, 1980 to January, 1981 viz. for seven months....
Roopi and ors. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Feb-16-2009
Reported in: RLW2009(4)Raj3345
Mahesh Chandra Sharma, J. 1. This revision petition has been filed by the accused petitioners, against the order dated November 20, 2008 of Additional Sessions Judge (Fast Track) No. 3 Bharatpur Camp Bayana in Criminal Case No. 115 of 2008 whereby charge under Sections 325, 307, 148, 323 and 341 1PC was framed against the accused petitioners Roopi and Rustam and charge under Sections 325/149, 307/149, 148, 323 and 341 was framed against accused petitioners Gillhari, Sunder, Nihal Singh, Rajendra, Timan Singh and Smt. Dhoopi.2. Brief facts of the case are that on July 8, 2007 in the night about 11 P.M. accused petitioners came at the residence of complainant visharnbhar Dayal and gave abuses. Roopi gave Farsa blow on the head of Devi Singh. Rustam gave lathi blow over left eye of Devi Singh. Ramesh Chand came to rescue him he was also given Farsa blow by Roopi. Rustam gave lathi blow on account of which Ramesh suffered fracture on his hand. Accused petitioners taken away Golden chain of...
Lala Ram Vs. Shri Dhalji Through Lrs. and ors.
Court: Rajasthan
Decided on: Feb-16-2009
Reported in: 2009(2)WLN356
Vineet Kothari, J.1. Heard learned Counsels.2. This revision petition has been filed by the plaintiff Lala Ram being aggrieved by the judgment and decree of the learned trial Court dt. 06.03.1995 whereby the learned trial Court rejected the suit filed by the plaintiff petitioner under Section 6 of the Specific Relief Act.3. The plaintiff-petitioner Lala Ram claimed that he was tenant of the suit shop at Bheru Ghat, Pali of the defendant Dhalji and others, who forcibly dispossessed him from the suit shop at about 8.00 PM in the night of 28.07.1979 and, therefore, he was liable to be put back in possession under Section 6 of the Specific Relief Act. The defendant on the other hand claimed that the suit shop was given on rent to the plaintiff Lala Ram on 07.11.1970 at monthly rent of Rs. 10/- which was later increased to Rs. 12/- per month but since his business was not running very well, the tenant voluntarily handed over the vacant possession of the suit shop to the defendant on 14.01.1...
Bhanwar Lal Inani Vs. State of Rajasthan and anr.
Court: Rajasthan
Decided on: Feb-16-2009
Reported in: 2009(2)WLN277
Govind Mathur, J.1. By a memorandum dt. 30.06.1993 the Registrar Co-operative Societies, Jaipur initiated disciplinary proceeding against the petitioner, an inspector (Official), Co-operative Societies, as per the provision of Rule 16 of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958. The petitioner by the explanation submitted on 17.07.1993 denied all five of misconduct leveled against him under the memorandum aforesaid. The Registrar, Co-operative Societies being dissatisfied with the explanation submitted by the petitioner appointed joint Registrar, Co-operative Societies, Udaipur as inquiry officer and the Assistant Registrar, Co-operative Societies, Rajsamand as Presenting Officer. After completing process of the inquiry, the inquiry officer submitted his report to the disciplinary authority on 15.01.1994. The inquiry officer, while holding the petitioner guilty for charge No. 1, exonerated him from remaining charges. The disciplinary authority being...
Anita Sharma Vs. State of Rajasthan
Court: Rajasthan
Decided on: Feb-13-2009
Reported in: RLW2009(2)Raj1024
Mahesh Bhagwati, J.1. This order governs the disposal of an application filed under Section 439(2) of Cr.P.C. by the petitioner Anita Sharma seeking cancellation of bail of the respondent No. 1 who has been granted-anticipatory bail vide order dated 20th December, 2008 rendered by learned Sessions Judge, Jaipur District Jaipur.2. Heard the learned Counsel for the petitioner, learned Counsel for the respondent as also learned Public Prosecutor appearing for the State and perused the relevant provisions of law as also relevant material available on record,3. Learned Counsel for the petitioner has craved the cancellation of bail on the following grounds:(i) That the offence wherein the accused-respondent is found to be involved are of grave nature.(ii) That the recovery of CD and naked photographs of 'the complainant-petitioner are yet to be made from the possession of the accused-respondent Ramvilas Vijay.(iii) That the learned lower court lost sight of the statements made by the petitio...
Munshi Ram Tutlani and ors. Vs. State of Rajasthan and anr.
Court: Rajasthan
Decided on: Feb-13-2009
Reported in: RLW2009(2)Raj1337
M.N. Bhandari, J.1. These two Criminal Misc. Petitions have been filed to seek quashing of criminal proceedings in regard to the offence registered under Sections 420, 467, 468, 471 and 120B of Indian Penal Code (for short 'I.P.C.'). in Criminal Misc. Petition No. 535/2008, order dated 14.7.2006 has been challenged. In the order dated 14.7.2006 though the Court below acquitted the accused from the offence under Sections 420 I.P.C. based on compromise as said offence is compoundable, however, refused to compound the offence under Sections 467, 468, 471 and 120-B I.P.C. Thus, aggrieved by order dated 14.7.2006 as well as continuous of the criminal proceedings despite of the compromise between the parties, the petitioners have preferred these criminal misc. petitions.2. The facts of the case are that a case was registered at Police Station Jalupura, Jaipur in regard to a property of hotel Kohinoor for which an agreement was made between the parties. The hotel was given only for management...
Roop Kishore Dixit Vs. Rajasthan State Road Transport Corporation and ...
Court: Rajasthan
Decided on: Feb-13-2009
Reported in: 2009(2)WLN305
Mohammad Rafiq, J.1. This writ petition has been filed by the petitioner with the prayer to direct the respondents to provide any other alternate job petitioner and regularize his services from the date of his initial appointment in the Corporation and also pay him his salary for the period from the date he met with the accident till he resume his duties along with compensation.2. The factual matrix of the case is that respondents issued an advertisement for selection for appointment on the post of Driver in the Rajasthan State Road Transport Corporation (for short, 'Corporation') vide Annexure-1. The eligibility for appointment on the post of Class-VIII is license of heavy vehicle and experience of three years. As per condition No. 3 of the advertisement, respondents initially prepared a panel of candidates and provided that those selected in the panel would be paid a consolidated sum of Rs. 210/- per month in the first year and on satisfactory working, they shall be given Rs. 150/- a...
Laxmi Narayan Vs. State of Rajasthan
Court: Rajasthan
Decided on: Feb-12-2009
Reported in: RLW2009(2)Raj1541
ORDERMahesh Bhagwati, J.1. This order governs the disposal of an application filed under Section 439(2) of Cr.P.C. by the petitioner Mst. Bhuri seeking cancellation of bail of the respondent Nos. 1 and 2 who have been granted anticipatory bail vide order dated 27th September, 2008 rendered by Sessions Judge, Jaipur City, Jaipur.2. Heard the learned Counsel for the petitioner, learned Counsel for the respondent as also learned Public Prosecutor appearing for the State and perused the relevant provisions of law as also relevant material available on record.3. Learned Counsel for the petitioner has craved the cancellation of bail on the following grounds:(i) That the deceased Satyanarayan Sharma unequivocally stated in the suicide note that the respondents Arjun and Chhagan had threatened him on mobile. They tortured and humiliated him. 'He was fed up with the mental agony and trauma, the respondents caused to him, so he was committing suicide.'(ii) That there is direct evidence against t...
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