Rajasthan Court March 2010 Judgments
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Rampuriya Hotel Pvt. Ltd. Vs. State and anr.
Court: Rajasthan
Decided on: Mar-16-2010
1. This intra-court appeal has been preferred against the order dated 26.04.2002 passed in CWP No. 1631/2001 whereby the learned Single Judge declined to interfere in the assessment orders dated 05.03.2001 (Annex. 4 & 5) as passed by the Assistant Director, Land and Building Tax Department, Bikaner.2. The petitioner-appellant submitted in the writ petition that only a part of the building in question was taken on rent by it for hotel purposes and the rest of the building was being used for residence; and that previously, the assessment was made for the purpose of the land and building tax and one time tax was paid by the owner of the building, as is evidenced from the document Annexure-1. The appellant essentially contended that one time assessment having been made and tax paid, that has been the complete discharge of the liability, yet a notice (Annex. 3) was received by the appellant for land and building tax assessment in response whereof it was submitted before the authority that o...
Municipal Board Vs. the State of Rajasthan
Court: Rajasthan
Decided on: Mar-16-2010
1. These two matters: CWP No. 332/1999, filed as a Public Interest Litigation, and SAW No. 1224/2000, filed against the order dated 05.04.1999 as passed in CWP No. 5117/1994, being related to the same dispute, have been considered together; and are taken up for disposal by this common order.2. The dispute relates to allotment of land at Pipar City, Tehsil Bilara to the two communities for the purpose of construction of hostels. The appellant in SAW No. 1224/2000, the Municipal Board, Pipar City filed the writ petition (CWP No. 5117/1994) with the submissions that some part of the land comprised in khasra No. 2310 and recorded as gair-mumkin nadi was earlier encroached over by certain persons and in apprehension of breach of peace, proceedings under Section 145 Cr.P.C. were initiated wherein the land in question was attached. The petitioner stated the apprehension that some persons were making efforts to get the land allotted in their names though the land could not be so allotted as th...
Jaideep Singh and ors. Vs. Bharat Singh
Court: Rajasthan
Decided on: Mar-16-2010
Vineet Kothari, J.1. This writ petition is directed against the order dated 5.3.2009 whereby the learned court below held that the document Annex. 7 dated 14.4.1973 on the basis of which the present petitioner-plaintiffs claimed their title over the suit land and prayed for injunction against the defendant is a partition deed which requires registration in accordance with Section 17 (1)(b) of the Indian Registration Act 1908 and, therefore, the same cannot be admitted in evidence without such registration.2. Learned Counsel for the petitioner-plaintiffs Mr. Vijay Bishnoi relying on the judgment of Hon'ble Supreme Court in case of Roshan Singh and Ors. v. Zile Singh and Ors. AIR 1988 SC 881 and in the case of N. Khosla v. Rajlakshmi (dead) and Ors. : (2006) 3 SCC 605 submitted that the document in question Annex. 7 in this writ petition dated 14.4.1973 merely records a factum of partition which had taken place in the past and a mere documentation of such partition is only a memorandum o...
Kuldeep Sharma Vs. State and ors.
Court: Rajasthan
Decided on: Mar-15-2010
Prakash Tatia, J.1. Heard learned Counsel for the petitioner.2. The petitioner who was appointed as teacher in the year 1988, was removed from service on 19.5.1993 on account of criminal case filed under Sections 471 and 420 IPC and the petitioner was acquitted by the trial court itself on 19.3.2002. The petitioner has approached this Court after eight years, on 22.2.2010, and is seeking relief of reinstatement on the ground that he has been acquitted in the criminal trial by the competent court.3. So far as to explain the delay of 8 years, it has been submitted that the petitioner submitted several representations to the competent authority and the competent authority should have restored the position by withdrawing the order of removal dated 19.5.1993. It is also submitted that even if that plea is not accepted, the petitioner can be denied back wages and salary of that period, but total relief may not be denied.4. It is clear from the facts referred above itself that the petitioner ...
Mumtaz Ali Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Mar-15-2010
R.S. Chauhan, J.1. Mr. Vijay Punia, for the petitioner.2. The learned Counsel for the petitioner is ad idem that this case is squarely covered by the judgment dated 14.10.2009 passed by this Court in the case of Kailash Chand Sharma and Ors. v. State and Ors. Therefore, this case is being decided at the admission stage itself.3. The learned Counsel for the petitioner submits that controversy raised in instant petition has been decided by Division Bench decision of this Court at principal seat Jodhpur in Special Appeal (Writ) 208/06 & bunch of others (State of Rajasthan v. Ramniwas Porwal) on 13/12/07 (Per Hon'ble Mr. Rajesh Balia, J.) 2008 (2) WLC 406 clarifying the position ad infra:However, it may be clarified that because of the provisions made in Note 8 read with Note appended to Rule 6 a Senior Teacher drawing pay in second selection grade of 6500-10500 prior to 1.7.1998 and promoted as Senior Teacher but after 1.7.1989 who has not completed 10 years as Senior Teacher at the time ...
Ganpat Ram Poonia Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Mar-12-2010
1. By way of this intra-court appeal, the petitioner-appellant seeks to question the order dated 28.01.2010 as passed by the learned Single Judge of this Court in CWP No. 1342/2009.2. The petitioner preferred the writ petition aforesaid in challenge to the order dated 11.02.2009 (Annex. 6) issued by the Registrar, Co-operative Societies, Rajasthan, Jaipur appointing an Administrator to manage the affairs of Nagaur Zila Dugdh Utpadak Sahakari Sangh Limited ('the Sangh') with the submissions that the said Sangh is a registered Co-operative Society under the Rajasthan Co-operative Societies Act, 2001 ('the Act of 2001'); and as per the minutes dated 18.05.2007, 10 Directors were elected with the petitioner being the Chairman. It was submitted that in the meeting dated 17.08.2007, the said Board of Directors resolved to hold the elections through the Co-operative Election Authority but the elections were not conducted by the respondents; that for not holding of the elections by the respond...
Om Prakash and ors. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Mar-12-2010
Gopal Krishan Vyas, J.1. In this criminal appeal, the appellants are challenging the judgment dated 28.02.1986 passed by the Sessions Judge, Churu in Sessions Case No. 20/1985, whereby, learned trial Judge convicted the each of the appellants for offence under Section 302, read with Section 149 I.P.C. and sentenced them to suffer life imprisonment with a fine of Rs. 500/- and for offence under Section 148 I.P.C. awarded sentence of imprisonment for one year.2. According to brief facts of the case, an FIR was filed by P.W.-1 Kishore Singh S/o Durjan Singh at Police Station Meerwas (District Churu) at 03.35 P.M. on 17.01.1985, in which, it was stated that his brother Mandan Singh, by caste Rajput, r/o village Bhojan was going on camel towards the temple. At that time, in front of the house of Heer Singh S/o Dhan Singh, Sardara Ram, Om Prakash, Satveer, Bhaga Ram and Antar Singh, by caste Jat, r/o village Bhojan assaulted his brother Mandan Singh and gave beating to him. At the time of as...
Surendra Kumar @ Geji and anr. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Mar-12-2010
Govind Mathur, J.1. By judgment impugned dated 16.10.2003 learned Additional Sessions Judge (Fast Track), Sriganganagar convicted accused Surendra Kumar @ Geji for commission of offences punishable under Sections 302 and 201 Indian Penal Code. The other accused Chhindrapal @ Kala was convicted for an offence punishable under Section 302 read with Section 34 and Section 201 IPC. Both the accused persons were sentenced to undergo life imprisonment with a fine of Rs. 500/- each and further to undergo one year's more simple imprisonment in event of default to pay the fine. Both the accused persons were also sentenced for commission of the offence punishable under Section 201 IPC by rigorous imprisonment for seven years with a fine of Rs. 100/- and further to undergo one month's simple imprisonment in event of default to pay the fine. The third accused Kewal Krishna son of Kaurchand Arora being absconding, his case was sent for inquiry and examination as per provisions of Section 299(2) Cr....
Teena Dadeech and ors. Vs. State of Rajasthan and anr.
Court: Rajasthan
Decided on: Mar-12-2010
1. This intra-court appeal has been preferred against the common order dated 28.01.2010 passed by the learned Single Judge of this Court in a batch of writ petitions insofar it relates to CWP No. 900/2010. By the impugned order, the learned Single Judge found no substance in the writ petitions preferred in challenge to the process of recruitment under the advertisement dated 18.08.2008 (Annex. 6).2. The petitioners-appellants, said to be working as Anganwadi Workers for more than one decade, submitted their applications in response to the said advertisement dated 18.08.2008 whereby the respondents had invited applications for filling up the posts of Female Supervisor under the Rajasthan Women and Child Development (State and Subordinate Service) Rules, 1998 ('the Rules of 1998'); and, for their names having not been included in the list of candidates called for interview, preferred the writ petition in this Court (CWP No. 900/2010)3. The petitioners-appellants stated the grievance that...
Kana Ram @ Aakash Vs. the State of Rajasthan
Court: Rajasthan
Decided on: Mar-12-2010
C.M. Totla, J.1. Assailed in this appeal is appellant's conviction and sentence awarded of life imprisonment for the offence of Section 302 IPC.2. Events leading to appellant's prosecution allegedly are that on 20.08.2002, at about 5.00 P.M., Kishna Ram PW 5 presented a written report Ex. P6 at Government hospital, Nimbi Jodha to head constable chowki, Nimbi Jodha, police station, Ladnu, informing that dhanis (residential hut like at agriculture fields) of sons Kana Ram and Bhanwar Lal are neighbours 'both brothers quarreled for dispute regarding boundary of agriculture field and Kanaram S/o. Aashuram inflicted blow of axe at head of Bhanwara S/o. Aasu Ram' Bhanwara, bleeding from head has become unconscious who brought and admitted in hospital, is not speaking. Head constable chowki, making on endorsement on this, presenting requisition inquired from medical officer, giving letter Ex. P11 about fitness of Bhanwara Ram to give statement. Medical officer describing of scalp wound and br...
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