Court : Rajasthan
Decided on : Mar-15-2001
Reported in : AIR2001Raj392; 2001(3)WLC150; 2001(2)WLN248
ORDERLakshmanan, CJ.(1). The present petition has been filed by the two petitioners claiming that they are espousing the public cause,(2). According to the pelitioners, they are residents of Mahamandir Bagar and Mala Ka Than, Jodhpur. There is water supply facility for these areas constructed 4 years ago taking into consideration the population of the year 1991, which according to the petitioners has now multiplied by 2 1/2 times.(3). According to the pelitioners the respondents are going to grant water connection to the respondent No.7, a hotel from the same source. If the water connection is granted to the hotel from the same source then the hotel being situated at a lower alignment would siphon away the major portion of the water and the other residents will be left high and dry. Though the hotel is situated outside these localities but it has been claimed in the petitipn that the level of the hotel is much lower then the level of these localities as claimed in the petition about 10...
Tag this Judgment!Court : Rajasthan
Decided on : Aug-21-2001
Reported in : 2002(1)WLC525; 2002(2)WLN488
Mathur, J. 1. This appeal is directed against the judgment dated 5.7.1999 convicting the appellant Vijay Kumar of offence under Section 302 I.P.C. and sentenced to undergo imprisonment for life and to pay a fine of Rs. 1,000/-; in default of payment to further undergo six months rigorous imprisonment.2. Briefly stated the prosecution case is that on 04.05.1997 at about 6:30 PM PW-6 Ram Gopal, Incharge Police Station, Naya Shahar Bikaner received an anonymous telephonic call informing of unnatural death of a person in the hospital. He made an entry of the information in the rojnamcha and proceeded to P.B.M. Hospital, Bikaner. At about 7:30 PM he recorded the statement of PW-4 Sanjay Srivastava an eye witness of the incident vide Exhibit P-7. He stated that the alongwith his deceased brother Santosh had gone to purchase medicine for her mother who was suffering from headache. While they were returning, PW-1 Vinod also joined them. All the three proceeded towards their house on bicycle. W...
Tag this Judgment!Court : Rajasthan
Decided on : Jul-16-2001
Reported in : 2002(2)WLN113
..... pent on one side.21. the fact that accused respondent mahendra singh had sexual intercourse with the prosecutrix pw3 chuki for sufficient time also goes to show that in all acts she was a consenting parly, otherwise accused respondent mahendra singh could not have sex with her for a long time. had she not been a consenting party, some sort of .....
Tag this Judgment!Court : Rajasthan
Decided on : Sep-17-2001
Reported in : 2002(2)WLN34
..... divisible in two parts. the first part gives a discretionary power to a court for summoning witnesses, but the latter part is mandatory. under the first part the court may act in three ways: (a), summon any person as a witness, (b) examine any person present in court though not summoned, and (c) recall or examine a witness already examined. the ..... second part is obligatory and compels the court to act in these ways or any one of them if a just decision of the case demands this.7. section 311 cr.p.c. does not confer on any party the .....
Tag this Judgment!Court : Rajasthan
Decided on : Sep-26-2001
Reported in : 2002(2)WLC262; 2002(4)WLN367
Naolekar, J. 1. Facts, not, in dispute, are that the Rajasthan Public Service Commission (for short 'the RPSC') advertised seventeen posts of Agriculture Research Officer (Horticulture) by issuance of an advertisement dated 27.2.1996. Screening test was conducted and the candidates who qualified the screening test were called for interview. After screening test and interview, a list of selected candidates was prepared. By letter dated 6.1.1997 the petitioner was informed that his name found place at Serial No. 2 in the reserve list. The list of selected 17 candidates was sent by the RPSC to the State Government on 21.12.1996 and as a consequence thereof seventeen candidates were offered-appointment by the Government. Out of seventeen candidates, two candidates, namely, Sarva Shri Gopal Lal, who was at serial No. 3 in the list of selected candidates, and R.S. Meena, who was at serial No. 16 of the list of selected candidates, did not join and thus there were two vacancies available to b...
Tag this Judgment!Court : Rajasthan
Decided on : Jan-30-2001
Reported in : 2001(1)WLC582; 2002(2)WLN397
ORDERLakshmanan, CJ.1. This writ petition was filed by the petitioner to direct the respondents to issue appointment letter to the petitioner for the post of Constable (R.A.C.) along with all consequential benefits. The case of the petitioner is that pursuant to an advertisement published in the newspaper for filling up certain posts of Constables, the petitioner applied for the said post. A permission letter was issued to him for appearing in the written examination. The petitioner was declared successful and the result of the written examination was published in the daily Rajasthan Patrika in its Udaipur edition dated 15.9.1996. The petitioner, thereupon appeared in the Physical Efficiency Test and Viva-voce/interview on 2.11.1996 before the fourth respondents. A list of 17 provisionally selected candidates including the petitioner was published by the fourth respondents on 2.11.1996 on the notice board that the name of the petitioner was shown at No. 1 in the said selected list. The...
Tag this Judgment!Court : Rajasthan
Decided on : Nov-02-2001
Reported in : 2002(1)WLN642
..... rules prescribed for appointment he has given appointment to one of his close relative i.e. sister's son. by doing this he encouraged nepotism. this act of the delinquent reflected his nepotism character.30. the third charge against the delinquent was that without advertising the vacancy the proceedings for appointment were completed in ..... one day. this was done to favour his close relative and thus, the delinquent acted in an improper manner and encouraged nepotism.31. in relation to the aforesaid charges the stand of the delinquent-petitioner has been that basant kumar was ..... made immediately and he has sought the permission from his immediate superior to make such appointment. since the rules had not laid any guidelines, the petitioner acted in consonance with the practice prevailing in the respondent court and, thus, no misconduct has been committed by him.43. the enquiry authority has found that .....
Tag this Judgment!Court : Rajasthan
Decided on : Sep-20-2001
Reported in : 2002(2)WLC322; 2003(1)WLN641
Verma, J.1. Father of the petitioner Udha Ram, who was an employee of the respondent Food Corporation of India, died on 2.2.1981 while working at Jaipur. He left behind his widow and four minor children of the age of 2 years to 9 years. The petitioner was of the age of 9 years at the time of death of his father. The petitioner being so advised, moved an application through his mother on 16.5.1988 vide (An-nexure-1) after seven years of the death of the deceased employee to the respondent for giving him appointment on the suitable post as per the qualifications possessed by the petitioner. Request was repeated on number of dates with continued representations made vide (Annexure I to 5) right up to the year 1989. The request for appointment was rejected by the respondent Corporation vide its letter (Annexure-R l/2) dated 19.8.1989. Mrs. Savila Nankani, widow of the deceased also approached to Hon'ble the Prime Minister. The Office of the Hon'ble Prime Minister had sent her representatio...
Tag this Judgment!Court : Rajasthan
Decided on : Sep-26-2001
Reported in : 2002(2)WLC320
..... to exercise jurisdiction so vested or have exercised jurisdiction not vested in it by law by rejecting the plea of defendant petitioner as to the applicability of the aforesaid act. thus, the learned trial court has rightly held that for the recovery of amount under decree, taken by the defendant petitioner provisions under order 37 rule 1 ..... case on behalf of the defendant by raising an objection that the plaintiff ought to have resorted to the remedy under the rajasthan relief of agricultural indebtedness act, 1957 for short 'the act' instead of having filed the suit under order 37 rule 1 cpc.3. after hearing the arguments of the parties, the learned trial court though ..... kapoor finding of trial court that since the amount was taken for house hold work provisions of the act were not attracted and the suit was rightly filed under order 37 rule 1 cpc, is patently illegal because the act provided that it does all also apply to debtor belonging to the scheduled caste irrespective of the fact .....
Tag this Judgment!Court : Rajasthan
Decided on : Feb-02-2001
Reported in : 2001(1)WLC761; 2001(2)WLN5
..... ble shri g.s. singhvi, j. on 6.9.1993. the learned single judge after perusing the entire record was of the opinion that the departmental promotion committee has acted arbitrarily in making recommendations for promotion to the post of upper division clerk, and that, it will not be proper to pass any adverse order which would affect other ..... in an identical matter held that the question of maintainability of writ petition does not arise in case of violation of principles of natural justice or any provisions of the act or rules or alternative remedy is not proper. in paras 11 and 12 observed as under:-'(11) a division bench of the kerala high court in thressiamma vs. union ..... petition. in air 1962 sc 1506, the supreme court has held that if there is allegation of violation of principles of natural justice or violation of any provision of the act or the rules, the dismissal of the writ petition on the ground of delay or laches or alternate remedy is not proper.' (12). in our view, once the .....
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