Rajasthan Court March 2009 Judgments
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Shri Ana Sagar Stc College and anr., Vs. Union of India (Uoi) and ors.
Court: Rajasthan
Decided on: Mar-05-2009
Reported in: RLW2009(4)Raj3273
ORDERPrem Shanker Asopa, J.1. By these writ petitions, the petitioners are challenging the withholding of recognition of S.T.C./B.Ed. by the National Council for Teachers Education (in short `N.C.T.E.').2. Out of the aforesaid writ petitions, in S.B.C.W.P. No. 12050/2008 Neelkanth Education Society v. N.C.T.E. special leave petition was filed against the interim order dated 27.11.2008 wherein the Supreme Court on 30.1.2009 requested the High Court to dispose of the writ petition as expeditiously as possible and it was directed that pending disposal of the same, the interim order passed by the High Court shall not be given effect to.3. In view of the above, all the connected cases have been clubbed together and are being decided together.4. By all these writ petitions, the petitioners are seeking appropriate writ, order or direction for release of the recognition order for the year 2008-2009 which was withheld by the respondent N.C.T.E. vide its meeting dated 20-21st September, 2008 on ...
Mahendra Murari @ Babu and Girish Chandra Boss Vs. the State of Rajast ...
Court: Rajasthan
Decided on: Mar-05-2009
Reported in: 2009(2)WLN179
Bhanwaroo Khan, J.1. Jail appeal bearing No. 622/2005 by Mahendra Murarai @ Babu, Nayan Boss and Sunil Boss, and Jail appeal bearing No. 577/2005 by Girish Chandra Boss and Shatrudhan @ Chandan against the judgment dt. 31.03.2005 passed by the Special Judge (Satti Niwaran) & Additional Sessions Judge, Jaipur, whereby all accused-appellants have been convicted for the commission of offence under Section 395, 397, 120-B of the I.P.C. and under Section 3/25 and 4/25 of the Arms Act, against which judgment they have preferred these appeals through Central Jail, Jaipur.2. Since, both the jail appeals, arise out of the same judgment, therefore, they are being disposed of by this common judgment.3. The prosecution case unfolded is as follows:4. On 09.05.2002 at about 10.40 P.M. one Harshvardhan (PW-1) lodged a written report at Police Station Kotwali, Jaipur stating therein that when he was returning from M.I. Road, after getting repaired tape-recorder of his car, he received a telephonic cal...
Shivlal Joshi Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Mar-05-2009
Reported in: 2009(2)WLN535
Deo Narayan Thanvi, J.1. These are ten Miscellaneous Petitions filed under Section 482 of the Criminal Procedure Code, in short 'the Code', whereby the petitioner, who at the relevant time, was posted as Addl. Superintendent of Police, Bhilwara, has prayed for quashing of F.I.Rs. No. 120 to 126, 128, 129 and 130 of 2005,, which were registered at the Police Station, Mandal on the basis of the complaints filed by the private respondents before the learned Judl. Magistrate, Mandal, Distt. Bhilwara under Section 147, 148, 149, 458, 323, 295, 392, 384, 330, 500 & 504 IPC and were forwarded under Section 156(3) of the Code for investigation by the police. Since in all these complaints, the offences as per the allegations and the accused are similar including the present petitioner and also the date of incident with a little variance of time i.e. between 9 PM to 12.15 AM of the intervening night of 08.04.2005 and 09.04.2005, they are being disposed-of by this common order.2. It has been plea...
Sumat Prakash JaIn Vs. Smt. Laxmi
Court: Rajasthan
Decided on: Mar-05-2009
Reported in: RLW2010(1)Raj398
Ashok Parihar, J.1. This D.B. Civil Special Appeal has been preferred by the defendant against the judgment and decree dated 12.11.1990 of learned Single Judge of this Court.2. The defendant appellant purchased a plot No. D-2, Raman Marg, Tilak Nagar, Jaipur from the then Urban improvement Trust, Jaipur and constructed a house over it after taking a loan of Rs. 25,000/- from the Government of Rajasthan. The house was then given on rent to the Reserve Bank of India. The defendant appellant entered into an agreement (Ex. 2) with the plaintiff-respondent on 17.10.1972 for the sale of the above plot along with all the constructions for Rs. 75,000/- and towards the transaction the plaintiff-respondent paid an advance of Rs. 10,000/- to the defendant appellant. The sale deed was to be executed within three months from 17.10.1972 and the balance of the sale price was to be paid at the time of registration of the sale-deed. It was also agreed that the vendor and the purchaser would not be enti...
Ajay Singh Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Mar-04-2009
Reported in: RLW2009(1)Raj713
K.S. Rathore, J.1. Since all these writ petitions are similar in nature, therefore, the same are being decided by this common order.2. In S.B. Civil Writ Petition No. 3355/2004- Hanuman Singh Bhati and Ors. v. State of Rajasthan and Ors. the petitioners have prayed for following reliefs:(i) by an appropriate writ, order or direction, the impugned seniority list dated 4.5.2004 (Annexure-12 & 13) as on 1.4.1993 and 1.4.1994 may kindly be quashed and set aside.(ii) by further appropriate writ, order or direction, the respondents be directed to hold the review board only after the seniority list of RAS officers is finalised as per the directions of this Hon'ble Court given vide orders dated 30.5.2001 and 12.9.2001 and only after it has been made public.(iii) by further appropriate writ, order or direction, the respondents be directed to convene the regular board for promotion from RAS to IAS from years 1995-96 and onwards simultaneously holding the review board for the years 1993-94 and 19...
Kishan Lal Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Mar-04-2009
Reported in: RLW2009(2)Raj1412
Govind Mathur, J.1. The petitioner, a lower division clerk, with Department of Irrigation suffered a trap on basis of a written complaint submitted by one Sh. Shankar Lal with allegation against petitioner for demanding bribe for a sum of Rs. 3000/-. The trap was laid by the Additional Superintendent of Police, Rajasthan State Bureau of Investigation on 15.10.1996, but no money as alleged was recovered from the petitioner. The Executive Engineer, in subordination of whom the petitioner was posted, after considering all circumstances relating to the incident of trap aforesaid informed the Superintending Engineer, Irrigation Circle, Sriganganagar that no prima facie case against the petitioner was made out, therefore, no necessity is there to place him under suspension as per the provisions of Rule 13(2) of the Rajasthan Civil Services (Classification, Control & Appeal) Rules, 1958. The Superintending Engineer at its own level also examined the matter and reached at the conclusion that s...
State of Rajasthan Vs. Ram Gopal
Court: Rajasthan
Decided on: Mar-04-2009
Reported in: RLW2009(2)Raj1469
Bhanwaroo Khan, J.1. This leave to appeal has been filed by the State of Rajasthan against the judgment dated 13.12.2007 passed by the Addl. Chief Judicial Magistrate, Shahpura, Jaipur District whereby the accused respondent Ram Gopal has been acquitted of the offence under Sections 279, 337, 338 and 304A IPC.2. Brief facts of the case are that the complainant Nagar Mal Meena along with his family members were travelling in a vehicle bearing registration No. GJ-16C-5680. The vehicle was being driven by respondent Ram Gopal. At about 10.00 in the night the vehicle met with an accident. It over turned after colliding with the pole as a result of which one of the passengers Hari Ram died and rest of the passengers sustained simple and grievous injuries on their person. On the basis of the complaint submitted by the complainant Nagar Mal, the police registered a case under Sections 279 and 337 which resulted in filing of challan against the respondent under Sections 279, 337, 338 and 304A ...
VipIn Gupta and anr. Vs. State of Rajasthan and anr.
Court: Rajasthan
Decided on: Mar-04-2009
Reported in: 2009CriLJ3747; RLW2009(4)Raj3399
ORDERRaghuvendra S. Rathore, J.1. This Misc. Petition has been filed by the accused petitioners challenging the order of cognizance passed by the learned Magistrate on 4th April, 2006. Precisely speaking, the prayer made by the petitioners is as under:Hence, prayed that the Hon'ble Court be pleased to allow this petition and be further pleased to quash and set aside impugned order dated 4-4-2006 passed by learned Additional Chief Judicial Magistrate No. 2, Jaipur District, Jaipur in Criminal Case No. 92/2006.....2. The learned Counsel for the petitioners has, at the outset, submitted that the order of taking cognizance passed by the learned Magistrate on 4th April, 2006 is a final order which is revisable. Further, he has submitted that there is no dispute about this proposition. However, he has advanced his arguments that the petitioners can choose their forum and instead of filing a revision petition before the appropriate Court, they can approach the High Court under its inherent po...
Chandra Pal Singh Choudhary Vs. Vijit Singh and anr.
Court: Rajasthan
Decided on: Mar-03-2009
Reported in: 2009CriLJ3416; RLW2009(1)Raj693
Mahesh Bhagwati, J.1. Since, both the aforesaid criminal petitions arise out and pertain to order dated 9 January, 2009 rendered by the learned Sessions Judge, Jaipur City, Jaipur, whereby, petitions filed by the revisionists under Section 439(2) of Cr.P.C. were dismissed, they are being disposed of by this common order,2. The facts necessary for the disposal of these revision petitions succinctly stated are:That on 14 December, 2008, the students of Institute of Business and Bio-Science, Kota, came on tour and after visiting Behrod arrived at Jaipur on 15 December, 2008. Having parked the Bus way side of the road near Gandhi Nagar crossing, when the students at 10:45 p.m. were in process of crossing the road through Zebra lines to reach at restaurant situated on Tonk Road, one car of black colour, came at a fast speed rashly and negligently and caused violent hit and run accident resulting in the death of Kr. Babita Choudhary and injuries to Kumari Gauri, Kumari Maninder Kaur, Kumari ...
Gupta Plastics Private Limited Vs. Firm Amrish Plastics
Court: Rajasthan
Decided on: Mar-03-2009
Reported in: RLW2009(3)Raj2707
ORDERNarendra Kumar Jain, J.1. Heard learned Counsel for the appellant.2. The only point involved in this appeal is as to whether Shri Ramawtar Gupta, one of the Directors of the plaintiff Company M/s Gupta Plastics Private Limited, was authorized to institute the present suit in the name and on behalf of plaintiff Company against the defendant in the trial court, or not? The trial court framed Issue No. 4A in this regard and decided the same against the plaintiffappellant. The trial court, while deciding other Issues in favour of the plaintiff, dismissed the plaintiff's suit on the basis of the finding on Issue No. 4A.3. The plaintiff-appellant filed a suit for recovery of a sum of Rs. 2,05,600/- against the defendant-respondent in the trial court. The defendant contested the suit by filing a written-statement. The trial court framed five issues. Later on, Issue No. 4A was also framed. The plaintiff examined PW-1 Ramawtar Gupta and produced documentary evidence. The defendant examined...
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