Rajasthan Court May 2009 Judgments
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Gheesa Ram Garg Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: May-15-2009
Reported in: 2009(2)WLN532
Prakash Tatia, J.1. Heard learned Counsel for the parties.2. This is unfortunate case that the petitioner's son Sandeep Garg suffered kidney disease and was subjected to kidney transplantation. He got his kidney transplanted from the Institution of Kidney Diseases and Research Center, Civil Campus, Ahmedabad and he incurred total expenditure of Rs. 4,81,558/-. The petitioner has been given reimbursement of Rs. 50,000/- only by order dt. 30.04.2005, copy of which has been placed on record as Annex.7.3. It is stated by the petitioner, a Government employee, that when the petitioner along with his family members were at Ahmedabad to attend some social function, his son suffered some serious illness and the petitioner's son was immediately taken to the hospital for treatment and ultimately, it was found that the petitioner's son is suffering from serious kidney disease. The petitioner was advised to give dialysis to his son for which the petitioner immediately went to hospital at Ahmedabad...
Mangal Das Vaishnava and anr. Vs. Jitendra Kumar Vaishnava
Court: Rajasthan
Decided on: May-15-2009
Reported in: 2009(2)WLN370
Prakash Tatia, J.1. Heard learned Counsel for the parties.2. This appeal is by the non-applicants maternal grandfather and grand-mother against the judgment of the Court of Addl. District Judge, Bali, Pali passed on the application filed under Section 7 of the Guardian and Wards Act by the father of the minor child whereby the trial Court has allowed the application of the father of the child Nikhil and directed the appellants-non-applicants to hand over the custody of the child Nikhil to the respondent-applicant-father.3. Brief facts of the case are that the respondent-applicant's marriage was solemnized with appellant's daughter Smt. Asha on 21.11.2005. Out of wedlock, boy Nikhil born on 12.09.2002. It is stated that in the year 2003 applicant-respondent's wife fell ill seriously and due to illness she died on 02.08.2004. At that time, the appellant-non-applicant came to the house of the respondent-applicant and stated that for few days they want to take Master Nikhil to their house ...
Nripal Singh Rawat Vs. the State of Rajasthan and anr.
Court: Rajasthan
Decided on: May-14-2009
Reported in: RLW2010(1)Raj446
Narendra Kumar Jain, J.1. Respondent No. 2, the Director, Sanskrit Education, Rajasthan, Jaipur, issued an Advertisement No. 1/2001-2002, dated 25.8.2001 for the posts of Senior Teacher (Gr.II) under the provisions of Rajasthan Sanskrit Education Subordinate Service Rules, 1978, in the various subjects including Science. The petitioner applied for the post of Senior Teacher in Science subject. The petitioner belongs to Scheduled Tribes category. The interviews were held on 12th and 13th of December 2001. As per merit list prepared for Scheduled Tribe candidates, the last candidate having secured 60.49% marks, was called for interview whereas the petitioner secured 66.27% marks, was not called for interview. The petitioner thereafter served a notice upon the respondents and ultimately the present writ petition was preferred wherein a notice to show cause was given to the respondents and in response thereto, they have filed written reply to the writ petition and in para 5 thereof, it was...
Sunny Patras Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: May-14-2009
Reported in: RLW2010(1)Raj658
Narendra Kumar Jain, J.1. The petitioner initially preferred this writ petition on 7th June, 2004 with a prayer to issue appropriate writ, order or direction directing the respondents to regularize his service on the post of LDC and to grant him the selection scale on completion of 9 years of service, which he completed on 17th February, 1998. This Court issued notice to show cause to the respondents on 10th June, 2004 for 17th June, 2004 The notice of stay application was also issued. However, the respondents terminated the service of the petitioner vide order dated 10th June, 2004 itself. The petitioner moved an application for amendment in the writ petition challenging his termination order dated 10th June, 2004. This Court allowed the application for amendment in the writ petition and thereafter petitioner filed the amended writ petition.2. The brief facts of the case are that respondents created a post of Lower Division Clerk in Zila Sainik Board, Ajmer under PEXSEM scheme vide or...
Tiloka Ram Vs. Board of Revenue and ors.
Court: Rajasthan
Decided on: May-14-2009
Reported in: 2009(3)WLN285
Sangeet Lodha, J.1. These two writ petitions are directed against a common order dt. 28.04.1997 passed by the Board of Revenue, Rajasthan dismissing the revision petitions preferred by the petitioners against the order dt. 16.09.1994 passed by the Revenue Appellate Authority (in short 'RAA'), Bikaner. By order dt. 16.09.1994, RAA has affirmed the order dt. 19.12.1988 passed by the Assistant Commissioner Colonisation, IGNP, Chhattargarh cancelling the allotment made in favour of the petitioners and directing to hand over the possession of the land in question to the respondent No. 4 Smt. Barji Devi.2. The background facts in nutshell are that the petitioner Tiloka Ram was allotted the land situated in Chak No. 2 KJD(A) in Murabba No. 120/3 bearing Kila No. 1 to 20 on permanent basis in the year 1976. The petitioner applied for allotment of land measuring 5 bighas of Kila No. 21 to 25 adjoining to his land as small patch. The land was allotted in favour of the petitioner vide order dt. 1...
Gumana Ram Vs. Natha Ram and ors.
Court: Rajasthan
Decided on: May-14-2009
Reported in: 2009(3)WLN414
Gopal Krishan Vyas, J.1. This revision petition has been filed by the petitioner challenging the judgment dt. 13.11.2002 passed by the Civil Judge (Junior Division), Dungargarh, whereby the suit filed by the petitioner under Section 6 of the Specific Relief Act was dismissed.2. According to facts of the case, a suit for eviction and declaration, so also, for permanent injunction was filed by the petitioner before the trial Court. In the suit, it is stated by the petitioner that there is patta issued in his favour with regard to the plot in question by the Gram Panchayat, Sudsar. The said patta was issued upon the application filed by the petitioner on 11.02.1986, in which, it was prayed by the petitioner that he is in possession of the land for last 50 years. The application was accepted by the Gram Panchayat and, on the basis of old possession, patta No. 43 for land measuring 2486 Sq Yd land was issued on 28.10.1986 and, as per the petitioner, the said patta was challenged by way of f...
Kalim Bhai @ KalimuddIn and ors. Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: May-14-2009
Reported in: 2009(3)WLN327
Sangeet Lodha, J.1. In this writ petition, the petitioners have challenged the judgments and decrees dt. 02.06.1987, 18.07.1996 and 25.09.2001 passed by the Assistant Collector, Banswara, Revenue Appellate Authority, Banswara and Board of Revenue, Rajasthan respectively.2. The brief facts are that original plaintiff Taher Ali filed a suit for permanent injunction under Section 92 A read with Section 188 of the Rajasthan Tenancy Act, 1955 (in short 'the Act of 1955' hereinafter) against the original defendant Dalichand alleging inter alia that the plaintiff is a recorded khatedar tenant of 2 bighas 9 biswas land comprising Arazi No. 1940, situated in Banswara and he is in actual physical possession of the aforesaid land. It was alleged that on or about 19.04.1983, the defendant Dalichand attempted to tress pass over the portion measuring 30' x 45 ' on the northern side of the said land for raising construction. On the application being preferred by the plaintiff before the Tehsildar, Ba...
Puran Mal Vs. State of Rajasthan
Court: Rajasthan
Decided on: May-14-2009
Reported in: 2009(2)WLN605
S.P. Pathak, J.1. By this criminal misc. petition under Section 482 Cr.P.C., the petitioner has sought to quash the criminal proceedings now pending in the Court of Additional Civil Judge (S.D.) and Judicial Magistrate No. 2, Alwar in Criminal Case No. 111/2005 on transfer from the Court of Additional Civil Judge (J.D.) and Judicial Magistrate No. 1, Alwar in Criminal Case No. 68/2000 for the offence punishable under Section 7/16 of the Prevention of Food Adulteration Act (in short referred as, 'the Act').2. The necessary facts for the disposal of the present misc. petition are that on 18.04.1989 at about 8.15 a.m. in the morning, the Inspector of the Food Department on seeing a milk vendor while taking milk to supply to its customers in drums purchased 750 ml of milk after making payment to him. From the milk purchased, it was divided into three parts and were kept in small bottles, thereafter the same were sealed. After conducting necessary formalities at the spot, one of the sample ...
imran HussaIn Vs. the District Judge and ors.
Court: Rajasthan
Decided on: May-13-2009
Reported in: 2009(3)WLN4
Vineet Kothari, J.1. By this writ petition, the petitioner Imran Hussain has challenged the order of learned trial Court of District Judge, Udaipur dt. 11.02.2008 in Civil Suit No. 34/1985 filed by the plaintiff respondent whereby the learned trial Court rejected the application of the defendant No. 7 the present petitioner before this Court, dt. 23.05.1991 and subsequent application dt. 17.02.2007 filed under Order 13 Rule 2 for taking on record the documents in the form of tape recorded cassette.2. The learned Counsel for the petitioner-defendant No. 7 Mr. Sajjan Singh urged that merely because some portions of the written statement were struck off by the learned trial Court by the order dt. 11.01.2007, the learned trial Court could not have rejected the said application under Order 13 Rule 2 C.P.C. for taking in evidence the tape recorded cassette, which is admittedly a 'document' which can be admitted in evidence merely on this ground, because according to the defendant the said ta...
Bhanwar Lal Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: May-13-2009
Reported in: 2009(3)WLN151
Sangeet Lodha, J.1. This writ petition is directed against order dt. 24.12.1996 passed by the District Collector, Rajsamand, whereby the revision petition preferred by the respondent No. 4 under Section 27 A of the Rajasthan Panchayat Act, 1953 (in short 'the Act of 1953' hereinafter), assailing the validity of patta of the plot measuring 8,000 sq. ft. comprising Arazi No. 1462 issued in favour of the petitioner by the respondent No. 2 Gram Panchayat, Khakharmala has been allowed and accordingly, the patta dt. 23.12.1989 issued in favour of the petitioner has been cancelled.2. The respondent No. 2 sold the plot in question to the petitioner for consideration a sum of Rs. 500/- by way of auction and accordingly, the patta of the plot was issued in his favour. The validity of the patta was assailed by the respondent No. 4 before the Collector, Rajsamand, respondent No. 3 herein, by way of revision petition on the ground that the plot in question was part of the charnot land of the Gram P...
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