Rajasthan Court July 2009 Judgments
Ramesh Chandra Sharma Vs. Central Administrative Tribunal, Jodhpur Ben ...
Court: Rajasthan
Decided on: Jul-22-2009
Reported in: 2009(3)WLN438
Govind Mathur, J.1. By judgment dt. 23.05.2008 the Central Administrative Tribunal, Jodhpur Bench, Jodhpur dismissed the original application preferred by the petitioner giving challenge to the letter dt. 13.01.2006/22.02.2006 assigning seniority to the private respondents (respondents No. 6 to 13) above the petitioner in the cadre of Enquiry-cum-Reservation Clerk (hereinafter referred to as 'ECRC').2. In brief, facts of the case are that the petitioner entered in the services of Indian Railways being appointed as Booking Clerk on 01.02.1979. A promotion was accorded to him as Senior Booking Clerk w.e.f. 31.07.1992. By acting upon a request made by the petitioner his category was changed from Booking Clerk to ECRC under a letter dt. 09.05.1994 issued by the General Manager, Northern Railways with following conditions:(1) to grant bottom seniority as per existing Rules; and(2) passing of prescribed course of ECRC i.e. T-12.3. The condition of passing T-12 course was satisfied by the pet...
Tag this Judgment!Nirmal Kumar Ajmera and anr. Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Jul-21-2009
Reported in: 2009(3)WLN456
R.S. Chauhan, J.1. The petitioners have challenged the Notification dt. 08.01.1991, published under Section 4 of the Land Acquisition Act, 1894 ('the Act', for short) and the Declaration dt. 17.04.1993, published under Section 6 of the Act.2. In a nutshell the facts of the case are that the petitioners are son of Shri Bithal Das Ajmera. On 27.07.1953, Shri Bithal Das Ajmera bought a piece of land falling in khasra No. 16 Village Vijay Mahal, near Jal Mahal area in Jaipur. The said land was initially mutated in his name. Unfortunately, in 1972 both Bithal Das Ajmera and his wife expired. Since the petitioners were their surviving legal heirs, both the petitioners jointly inherited khatedari rights in the said land. The Tehsildar, Jaipur carried out the necessary mutation proceedings. He mutated their names in the revenue records of 15.04.1974. In order to develope the area around Jal Mahal and to install a ropeway from Nahargarh Peak to the Jal Mahal area, the Government published a not...
Tag this Judgment!Gheeshi Bai (Smt.) and anr. Vs. Mangi Bai (Smt.) and anr.
Court: Rajasthan
Decided on: Jul-21-2009
Reported in: RLW2010(1)Raj382
Gopal Krishan Vyas, J.1. In this second appeal filed under Section 100, C.P.C., the appellants are challenging the judgment and decree dated 21.04.1992 passed by the Addl. District Judge No. l, Udaipur in Civil Appeal No. 43/1936, whereby, the learned appellate Court reversed the judgment and decree dated 31.08.1985 passed by Addl. Civil Judge No. l, Udaipur in Civil Original Case No. 174/1978.2. Challenge is made to the adjudication made on the issue of relief clause because the learned appellate Court decided issues No. l, 2 and 3 in favour of the plaintiff-appellant; but, in the relief clause denied the relief of specific performance of agreement and passed the decree that the appellant will be entitled to the relief of payment of Rs. 500/- which is part-payment made by the appellant plaintiff to the defendant when the agreement was executed along with 9% interest with effect from 22.12.1973.3. According to brief facts of the case, appellant-plaintiff preferred suit against the defe...
Tag this Judgment!Satish JaIn Vs. Radhey Mohan Sharma and ors.
Court: Rajasthan
Decided on: Jul-17-2009
Reported in: 2009(3)WLN449
Ajay Rastogi, J.1. Matter has come up on application under Article 226(3) of Constitution seeking vacation of interim order dt. 29.02.2008, hence at request, matter was finally heard at admission stage.2. Instant petition has been filed by tenant (defendant) assailing judgments dt.04.08.2006 (Ann.1) of Rent Tribunal, Jaipur (Org. Appl.R. 78/04) and so also dt. 07.02.2008 (Ann.2) of Appellate Rent Tribunal, Jaipur City dismissing Appeal (Rent)-64/2006.3. Respondent No. 1 (Plaintiff) filed a suit under Section 6 & 9 of Rajasthan Rent Control Act, 2001 ('Rent Act') on 05/01/04 seeking revision of rent and eviction on the ground of default in payment of rent, as well as reasonable & bona fide personal need of suit premises.4. After pleadings of parties, the Rent Tribunal framed six issues as quoted in para 6 of writ petition ad infra:(i) Whether the tenant has committed default of not tendering the rent from 01.07.1997 and therefore, has committed default in payment of rent?(ii) Whether th...
Tag this Judgment!Mohan Lal Vs. the State of Rajasthan
Court: Rajasthan
Decided on: Jul-16-2009
Reported in: RLW2009(4)Raj3262; 2009(3)WLN274
C.M. Totla, J.1. The appeal challenges conviction and sentence to appellant as per judgment dated 07.08.1989 in Sessions Case No. 9/86 before the Court of Additional District & Sessions Judge No. 2, Jodhpur as under:(1) for the offence of Section 18 NDPS Act-10 years' rigorous imprisonment and fine of Rs. 1 lac and in default one year simple imprisonment, (2) for the offence of Sections 457 and 380 IPC-for each 3 years rigorous imprisonment and fine of Rs. 100/-, in default one month simple imprisonment.Substantive sentences to run concurrently and for default conjunctively.2. Heard learned Counsel for the appellant and learned Public Prosecutor.3. Brief relevant facts as per prosecution are that on 13.11.1985 at 9.30 O'clock, morning one Bhanwarlal PW 8 posted in Magisterial Court, Osian, lodging written report Ex.P-3 at Police Station, Osian, informed that on that morning, he went to Court to meet night chowkidar Maga Ram who not found there and broken were locks of main gate and mal...
Tag this Judgment!Shri Gurunanak Education Society and anr. Vs. State of Rajasthan and o ...
Court: Rajasthan
Decided on: Jul-16-2009
Reported in: 2009(3)WLN412
Govind Mathur, J.1. The appellants have preferred this appeal to assail validity, correctness and propriety of the judgment dt. 05.11.1999, passed by learned Single Judge affirming the order dt. 19.09.1998, passed by the Rajasthan Non Government Educational Institutions Tribunal, Jaipur (hereinafter referred to as 'the Tribunal').2. The factual matrix necessary to be noticed is that the appellants by an order dt. 20.02.1997 terminated its employee Jaswant Singh from service due to non availability of adequate funds. A challenge given to the same was by the employee concerned, before the Tribunal by way of filing an appeal as per provisions of Section 19 of the Rajasthan Non Government Educational Institutions Act, 1989 (hereinafter referred to as 'the Act of 1989'), came to be accepted vide order dt. 19.09.1998 on the count that neither approval from the Director, Education as required under Section 18 of the Act of 1989 read with Rule 39 of the Rajasthan Non Government Educational Ins...
Tag this Judgment!Kella @ Karnail Singh Vs. Gurnam Kaur and ors.
Court: Rajasthan
Decided on: Jul-15-2009
Reported in: RLW2009(4)Raj3307; 2009(3)WLN470
Gopal Krishan Vyas, J.1. In this second appeal, filed by defendant-appellant under Section 100, C.P.C., the appellant is challenging the concurrent finding of fact arrived at both by Addl. District Judge (Fast Track) No. 1, Hanumangarh vide judgment and decree dated 25.11.2008 passed in Civil Appeal No. 24/07 and Civil Judge (Jr. Dn.), Pilibanga vide judgment and decree dated 24.10.2005 passed in Civil Original Suit No. 9/02, whereby, the learned appellate Court upheld the judgment and decree passed in favour of respondent-plaintiff and it is ordered that the appellant (herein) shall hand over possession of the plot/house in question to the plaintiff-respondent.2. Before the trial Court, respondent-plaintiff filed suit for eviction and injunction on the basis of patta issued in his favour on 116.09.963 by the Gram Panchayat, Amarpura Rathan, measuring 68 ft X 100 ft. It is submitted by the plaintiff before the trial Court that he is owning patta which is issued in his favour and upon t...
Tag this Judgment!Tehsildar, U.i.T. and anr. Vs. Lrs. of Ganga Bai Menaria and ors.
Court: Rajasthan
Decided on: Jul-14-2009
Reported in: 2009(3)WLN538
Gopal Krishan Vyas, J.1. Instant second appeal has been filed under Section 100, C.P.C. by the defendants against the judgment and decree dt. 10.11.2006 passed by the Addl. District Judge No. 3, Udaipur in Civil Appeal No. 64/2004, whereby, learned first appellate Court reversed the judgment and decree dt. 04.08.2004 passed by the Civil Judge (Jr. Dn.), City (South), Udaipur in Civil Original Suit No. 153/1999. Brief facts of the case are that a suit was filed by plaintiff Smt. Ganga Bai Menaria, who died during the pendency of the suit, for permanent injunction against the defendant-appellants pleading inter alia that she is in possession of the plot situated in village Madri Savina Road. Total land of the plot is 35 yd. x 38 yd. i.e., 1330 Sq. yd. The said plot is of her ownership and possession and there is construction upon 20 ft. x 30 ft. area of the plot.2. According to the pleadings of the plaintiff, though the respondents have nothing to do with the said plot but the Tehsildar,...
Tag this Judgment!Rayees Mohammed and ors. Vs. Lrs. of Val Chand
Court: Rajasthan
Decided on: Jul-14-2009
Reported in: RLW2009(4)Raj3350; 2009(3)WLN488
Gopal Krishan Vyas, J. 1. Instant second appeal was filed by defendant appellant late Musaji s/o Abrahim against late Val Chand, respondent-plaintiff. Both defendant Musa and plaintiff Val Chand died during the pendency of this second appeal, therefore, legal representatives of both the parties were taken on record.2. The appellant preferred this second appeal Under Section 100, C.P.C. against the judgment and decree dt.21.8.1982 passed by the District Judge, Dungarpur in Civil Appeal No. 18/80, whereby, the learned first appellate Court reversed the judgment and decree dt. 16.04.1980 passed by the Civil Judge, Dungarpur in Civil Original Suit No. 180/72 (12/76), whereby, the learned trial Court dismissed the suit for eviction filed by plaintiff-respondent Late Val Chand.3. According to facts of the case, respondent-plaintiff Val Chand initially filed suit for eviction and payment of arrears of rent in the year 1972. The plaintiff's case was that he owned shop in village Navdera. The s...
Tag this Judgment!Ram Lal Vs. Sajjan Raj and ors.
Court: Rajasthan
Decided on: Jul-13-2009
Reported in: 2009(3)WLN374
N.P. Gupta, J.1. This appeal has been filed by the owner against the award of the Motor Accident Claims Tribunal, Pali dt. 20.09.1995, passed in Claim Case No. 120/89 awarding the compensation of Rs. 68,625/- for personal injuries to the claimant, and holding the insurer liable to the extent of Rs. 15,000/-, and fastening the remaining liability on the owner and driver.2. The necessary facts are, that the claimant respondent Sajjan Raj along with the deceased friend Kamlesh Kumar was travelling in Jeep No. RRT-6945, which jeep met with an accident near village Balrai, on account of negligent driving of the jeep by driver Devendra Kumar, as a result of which the driver lost balance, and the jeep hit against the Neem tree, and then overturned. Sajjan Raj received injury and Kamlesh Kumar died. With these averments claim petition had been filed claiming compensation in the sum of Rs. 1,27,500/-. In para-10 of the claim petition the present respondent No. 3 who was impleaded as defendant N...
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