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Rajasthan Court May 2009 Judgments

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May 26 2009

Gyanendra Kumar Pareek Vs. State of Rajasthan and ors.

Court: Rajasthan

Decided on: May-26-2009

Reported in: RLW2009(4)Raj3134

ORDERNarendra Kumar Jain, J.1. At the request of learned Counsel for the parties, the final arguments were heard.2. The petitioner has preferred this writ petition challenging the impugned order dated 11th September, 2007 (Annexure-4), whereby his medical bill of Rs. 1,51,465/- for reimbursement has been rejected by the respondent No. 3 - Treasurer, Treasury Office, Sikar on the ground that the Santokba Durlabhji Memorial Hospital, Jaipur, where his angiography and angioplasty were done, was not recognized hospital.3. The petitioner was Head Master and he retired on 31st May, 2002. His PPO Number is 146566. He sufferd sudden and severe heart attack on 29th April, 2006 and initially he was taken to nearst Doctor at Sikar, who found the condition of the petitioner serious and referred him to Jaipur and looking to the serious condition of the petitioner, his family members took him to Santokba Durlabhji Hospital, where his angiography and angioplasty were done.4. The submission of learned...


May 26 2009

State of Rajasthan Vs. Hans Raj Singh and anr.

Court: Rajasthan

Decided on: May-26-2009

Reported in: 2009(3)WLN83

Sangeet Lodha, J.1. This special appeal is directed against order dt. 22.04.1997 whereby the writ petition preferred by the writ petitioner-respondent No. 1 (hereinafter referred as 'the respondent') herein against the order dt. 04.06.1990 passed by the Board of Revenue affirming the order dt. 08.07.1985 of Collector, Jalore directing resumption of 19.06 acre of surplus land vested in the Government and order dt. 24.07.1990 dismissing the review application preferred by the respondent for review of order dt. 04.06.1990, has been allowed and accordingly, aforesaid orders dt. 08.07.1985, 04.06.1990 and 24.07.1990 have been quashed and set aside.2. The relevant facts in nutshell are that the ceiling proceedings were initiated against the respondent under the Rajasthan Imposition of Ceiling on Agriculture Holdings Act, 1973 (in short 'the Act of 1973' hereinafter) but the same were dropped vide order dt. 19.08.1975 of Sub Divisional Officer (in short 'SDM), Jalore. However, the ceiling pro...


May 26 2009

Stone Crusher Association Vs. State of Rajasthan and ors.

Court: Rajasthan

Decided on: May-26-2009

Reported in: RLW2009(4)Raj3105

ORDERSwaroop Chaudhari, J.1. These appeals have been filed by the appellants against a common judgment dated 26th July, 2004 passed by learned Single Judge in SBCWP No. 1065/2003 - Stone 'Crusher Association v. State of Rajasthan and Ors. and SBCWP No. 1066/2002- Rajasthan Half Body Truck Union and Ors. v. State of Rajasthan and Ors. hence, these are decided by common judgment.2. The appellant-petitioners filed two writ petitions challenging validity of notification No. F4(1)FD/Tax/2001-pt-114 dated 27th September, 2002 and notification No. F4(1)FD/Tax/01-pt. 146 dated 15th January, 2003 issued by the State Government in exercise of powers conferred under Sub-section (1) of Section 9 of the Rajasthan Sales Tax Act, 1994 (herein after referred to as 'the Act'), notifying the rate of tax on the basis of weight on casual commodities and also validity of notification No. F4(1)FD/Tax/2001-pt. 115 dated 27th September, 2002 and notification No. F. 4 (1)FD/Tax/01-Pt-147 dated 15th January, 20...


May 26 2009

Baroda Rajasthan GramIn Bank Vs. Megh Raj Soni and ors.

Court: Rajasthan

Decided on: May-26-2009

Reported in: RLW2009(4)Raj3405

Prakash Tatia, J.1. Heard learned Counsel for the parties.2. Both these appeals involve common question of law, hence, same are decided by this common order.3. The appellant is aggrieved against the judgment of the learned Single Judge dated 3.11.2008 by which 3 writ petitions bearing No. 5137/2003, 5138/2003 and 5139/2003 were allowed on the ground that providing minimum qualifying marks in interview for the purpose of promotion to the higher post i.e. to the post of Officer Scale-H is contrary to the Regional Rural Banks (Appointment & Promotion of Officers & Other Employees) Rules, 1998 (for short 'the Rules of 1998'). Therefore, the denial of promotions to the petitioners on the ground that they did not secure minimum qualifying marks in the interview i.e. 10 out of 20 was wrong.4. Learned Counsel for the appellant submitted that the writ petitioners knowing well about the circular issued by the appellant bank appeared in the written test and appeared for interview and when they fa...


May 25 2009

Shabnam Bano Vs. Mohd. Rafiq and ors.

Court: Rajasthan

Decided on: May-25-2009

Reported in: RLW2009(4)Raj3158

R.S. Chauhan, J.1. The petitioner wife has challenged the order dated 22-1-2004, passed by the Family Court No. 1, Jaipur, whereby the learned Court has partly accepted the application filed by the petitioner under Section 125 Cr.P.C.2. In a nutshell, the case of the petitioner is that on 31-10-1999, the petitioner married Mohd. Rafiq, the respondent No. 1, in accordance with Muslim rites and customs in Jaipur. During their wedlock a son, namely Sahil Khan, the respondent No. 2, was born. Sahil Khan is living with the petitioner. According to the petitioner, the respondent No. 1 and his family members started torturing her for dowry demands. Since, she comes from a poor family, her family could not fulfill the illegal demand of respondent No. 1 and his family members. Ultimately, on 10-10-2001, she was thrown out of her matrimonial home. Subsequently, on 28-2-2002, the petitioner lodged a FIR in Woman Police Station against the respondent No. 1 and his family members. However, since 10...


May 25 2009

Prathvi Singh Jodha Vs. State of Rajasthan and ors.

Court: Rajasthan

Decided on: May-25-2009

Reported in: 2009(3)WLN62

Sangeet Lodha, J.1. In this writ petition, the petitioner is seeking direction against the respondents to appoint him on the post of Physical Training Instructor Gr.III (in short 'PTI' hereinafter) if the vacancy exists and the petitioner is qualified on merits.2. The relevant facts in nutshell are that the respondent No. 2 issued an advertisement dt. 28.07.2003 whereby the applications were invited from eligible candidates for appointment to the posts of PTI. The appointments were to be made by preparing district wise panel of the selected candidates. As per the advertisement 9 posts of PTI for Boys were advertised in Jaisalmer District, out of which six posts were to be filled in from the candidates belonging to General Category and one post each was reserved for Scheduled Castes, Scheduled Tribes and Other Backward Class candidates. The petitioner having requisite qualification for appointment on the said post, applied for the same in pursuance of the advertisement in Jaisalmer Dist...


May 25 2009

Datar Singh Vs. State of Rajasthan

Court: Rajasthan

Decided on: May-25-2009

Reported in: RLW2009(1)Raj607

Mahesh Chandra Sharma, J.1. The accused appellant has filed this appeal against the judgment and order dated October 7, 2005 of Sessions Judge, Bundi whereby the accused appellant was convicted and sentenced under Section 376 IPC for 8 years and fine of Rs. 5,000/- under Section 376(1) IPC, in default of payment of fine to further undergo. 15 days rigorous imprisonment.2. Brief facts of the case are that Ramdulari along with her husband Mahaveer and brother Sobhag lodged an FIR No. 252/2004 dated June 25, 2004 at Police Station Keshoraipatan, district Bundi at about 6.20 p.m. alleging that in the morning when the prosecutrix had gone to the field of Shambhu Singh to collect mustered leaves, at about 10-11 a.m. when she had gpne to wash her hands at 'Khal' (dry area of river) Datar Singh son of Sheoji Singh came there and committed rape upon her. It was further alleged that after committing rape, when Datar was running away then she saw her brother-in-law Girdhari coming over there, on ...


May 22 2009

indra Kumar Meena and ors. Vs. State of Rajasthan and ors.

Court: Rajasthan

Decided on: May-22-2009

Reported in: RLW2009(4)Raj2919

Prem Shanker Asopa, J.1. Since, all the aforesaid writ petitions involve common question of fact and law, therefore, they have been clubbed, heard together and are being decided by this common order.2. In all the writ petitions, claim is of age relaxation to in-service prospective candidates for the post of Junior Marketing Officer and further, challenge to subsequent denial of relaxation of the age by the State Govt.3. Briefly stated, the relevant facts of the case taken from S.B. Civil Writ Petition No. 5371/2008 (Indra Kumar Meena and Ors. v. State of Rajasthan) are that an advertisement for selection of 84 posts of Junior Marketing Officer as per Rule 16 of the Rajasthan Subordinate Service (Recruitment and Other Conditions of Service) Rules, 2001 (hereinafter to be referred as 'the Rules of 2001') relating to age and as per clause -6 of the advertisement dated 28.2.2008, the age prescribed for in-service candidates is 40 years whereas the same is 35 years for other candidates. The...


May 22 2009

The State of Rajasthan Vs. Jawahara Ram

Court: Rajasthan

Decided on: May-22-2009

Reported in: 2009(2)WLN593

C.M. Totla, J.1. Preferring this appeal, prosecution requests that setting aside the judgment of the trial Court dt. 3.4.87 acquitting respondent of the offence of Section 9, Opium Act, the respondent be convicted and appropriately punished for the offence.2. Heard learned Public Prosecutor and learned Counsel for the respondent.3. According to prosecution, on 07.10.1981, SHO PW 8 at Chowki of PS, informed by informer that a person wearing a white shirt ('kameez'), white Dhoti, pink coloured baniyan and having old nylon chappals in feet, travelling in Phalodi to Bikaner Bus, is having opium in green bag of canvas-the SHO making entry Ex. P3 in rojnamcha along with Head Constable PW 6 and constables quickly reached at bus stand, from where as bus had just left, so he following in a jeep near power house, the bus was stopped-on search found that on a seat of the bus a person resembling above, was sitting, with a bag on his thighs-on search in a polythene bag found about 3 quarter kilo op...


May 21 2009

Surendra Singh Vs. Smt. Pawan Verma

Court: Rajasthan

Decided on: May-21-2009

Reported in: AIR2009Raj159; RLW2009(3)Raj2437

Dalip Singh, J.1. This appeal has been filed under Section 28 of the Hindu Marriage Act, 1955 against the judgment and decree dated 9.1.1998 passed by the Additional District Judge No. 1, Bharatpur in civil misc. case No. 14/1996 dismissing the application submitted by the appellant under Section 13 for the Dissolution of the Marriage.2. The brief facts giving-rise to this appeal are that the marriage between the parties the appellant husband and the respondent wife took place on 3.12.1992 and it is urged in the petition that on or before 21.2.1993 the respondent wife tried to pour kerosene oil on herself immolate herself but was prevented by the husband appellant with great difficulty. On the next day on 22.2.1993 on information having been sent by the appellant to his in laws, the brother of the respondent wife and her brother-in-law came and took her to her parental home. It is alleged that the respondent used to behave in an abnormal manner and it is further alleged that even prior...


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