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Judgment Search Results Home > Cases Phrase: mediation Court: rajasthan Year: 2008 Page 2 of about 70 results (0.012 seconds)

Sep 11 2008 (HC)

Central Bureau of Narcotics Through Assistant Commissioner, Ndps Vs. A ...

Court : Rajasthan

Decided on : Sep-11-2008

Reported in : RLW2009(2)Raj1134

mahesh chandra sharma, j.1. this criminal revision petition has been filed under section 53 of juvenile justice (care and protection of children) act 2000 read with section 482 cr.p.c. for quashing the order dated 19th may, 2005 in enquiry proceeding no. 41/2004 passed by the special judge (ndps cases), kota in fir no. 3/2003 by which he has directed that the action against the accused would be taken under the juvenile justice act and directed the accused (respondent) to present before the juvenile court on 27th may, 2005.2. the brief facts of the case are that on 20th march, 2004 a complaint was lodged under section 8 read with section 18-b and 29 of ndps act against the accused persons namely ashok kumar, jaswant singh, deep chand and srichand by (dharam singh meena) inspector of the assistant commissioner, narcotics, kota before the court below. it was further stated in the complaint that out of these persons accused respondent-ashok kumar is minor.3. upon the said complaint, the learned judge held an enquiry with regard to the age of the accused respondent-ashok kumar. the accused respondent in support of his case examined two witnesses aw-1 bhan singh, father, aw-2 smt. santosh, mother of the accused and also exhibited certain documents in his defence. thereafter prosecution has also produced one witness cw-1 dharam singh meena and documentary evidence as d-1 to d-3.4. the petitioner aggrieved with the order dated 19th may, 2005 passed by the court below by which the .....

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Jan 07 2008 (HC)

Panna Lal Sharma Vs. Rameshwar Lal Choudhary and anr.

Court : Rajasthan

Decided on : Jan-07-2008

Reported in : III(2008)BC134

g.s. sarraf, j.1. in this appeal an application has been filed with the prayer that the applicants smt. kamla devi (wife of the deceased complainant) and om prakash (son of the deceased complainant) may be substituted in place of the deceased complainant-appellant panna lal and they may be allowed to prosecute this leave to appeal.2. the facts giving rise to the present controversy may be summarized thus. the complainant panna lal filed a complaint against the respondent rameshwar lal under section 133 of the negotiable instruments act (hereinafter referred to as the 'act'). by judgment dated 26.7.2004 passed by additional chief judicial magistrate no. 6, jaipur city, jaipur in case no. 201/99 the accused respondent rameshwar lal was acquitted of the offence under section 138 of the act.3. aggrieved by this judgment the complainant panna lal filed special leave to appeal. during the pendency of this special leave to appeal the complainant panna lal died and thereafter the applicants smt. kamla devi and om prakash have filed this application for substitution and for permission to prosecute this leave to appeal.4. heard learned counsel for the applicants, learned counsel for the respondent and learned public prosecutor. learned counsel for the applicants submits that there is no provision in cr.p.c. for abatement of the proceedings on the ground of death of the complainant and, therefore, the applicants be allowed to be substituted in place of the deceased complainant and they .....

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May 27 2008 (HC)

Suman Kumar Khatri Vs. State and ors.

Court : Rajasthan

Decided on : May-27-2008

Reported in : RLW2008(4)Raj3267

gopal krishan vyas, j.1. in this case, the petitioner has prayed for quashing of impugned order dated 19.4.1999 (annexure- 4) and further prayed for directions to the respondents to treat the petitioner as regular time keeper in the pay scale of rs. 950-1680/- and revise his pay-scale and to pay arrears.2. according to the facts of the case, the petitioner's father late nand lal khatri was working on the post of carpenter in the office of public works department, bikaner. he died while in service. therefore, the petitioner filed an application for providing appointment on compassionate ground under the rajasthan recruitment of dependents of government servants (dying while in service) rules, 1975. when the application of the petitioner was not considered for providing appointment on compassionate ground, then the petitioner preferred a writ petition before this court being sb civil writ petition no. 4296/1989 which was decided vide order dated 13.12.1989 and it was specifically ordered that the respondents shall consider the case of the petitioner for employment on the post of lower division clerk within a period of two months. further, it was observed in the order dated 13.12.1989 that the petitioner may be granted employment commensurate with his qualification and status.3. in pursuance of the aforesaid order, no appointment was provided to the petitioner. therefore, a contempt petition being sb civil contempt petition no. 69/90 was filed by the petitioner. in reply to the .....

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Feb 01 2008 (HC)

Shankar Lal and anr. Vs. Additional District Judge and anr.

Court : Rajasthan

Decided on : Feb-01-2008

Reported in : RLW2008(2)Raj1386

dinesh maheshwari, j.1. heard learned counsel for the petitioners and perused the material placed on record.2. the petitioners-defendants nos. 1 and 2 are defending a suit for recovery of possession of immovable property and mesne profits as filed by the plaintiff-respondent no. 2.3. it appears that the suit was filed in the year 1998; and the petitioners filed their written statement on 10.2.2003. thereafter, on 8.8.2003, the plaintiff filed certain documents before the trial court; and filing of such documents was objected to by the petitioners-defendants nos. 1 and 2. on an application moved by the petitioners with reference to the provisions of order 7 rule 14 read with order 13 rule 1 of the code of civil procedure (cpc) in this regard, the learned trial court by its order dated 14.12.2004 (annex. 1) refused to take on record the said documents filed by the plaintiff without the permission of the court. it further appears that the order so passed by the trial court was challenged by the plaintiff in writ petition, being cwp no. 246/2005, but then, the said writ petition was withdrawn on 19.12.2006 with liberty for the plaintiff to pursue the remedy before the appropriate forum. this court passed the following order on 19.12.2006 (annex.2) in the aforesaid cwp no. 246/2005:learned counsel for the petitioner prays for permission to withdraw the petition with liberty to the petitioner to pursue the remedy before the appropriate forum.permission is granted. the writ petition .....

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Dec 17 2008 (HC)

Madan Lal Vijayvergiya Vs. State of Rajasthan

Court : Rajasthan

Decided on : Dec-17-2008

Reported in : RLW2009(2)Raj1334

mahesh chandra sharma, j.1. petitioner madan lal vijayvergia filed s.b. cr. revision petition no. 56 of 2004 and prabhudayal kumawat filed s.b. criminal revision petition no. 1287 of 2003 against the order dated august 23, 2003 of special judge sessions court (anti corruption cases), jaipur in cr. case no. 24 of 1997 for framing charge under sections 420, 468, 471/120-b and section 13(1)(d) (2) of the prevention of corruption act read with section 109 ipc against them and the state of rajasthan filed s.b. criminal revision petition no. 0963 of 2003 for framing charge for sections 420,468, 471/120-b and section 13(1)(d)(2) of the prevention of corruption act, against the accused non-petitioners. since in all these revision petitions common order dated august 23, 2003 of the trial court court has been challenged, all these revision petitions are disposed by this common order.2. brief facts of the case are that an fir was lodged by addl. s.p. (anti-corruption bureau), jaipur, that govt. sr. hr. secondary school, hasteda jaipur is a project organiser of 'sikho kamao yojna' and registered as an 'industry' for manufacturing of furniture and chalk. on january 23, 1989 head master of the school wrote a letter to the chief accounts officer primary and secondary education bikaner that no tender is required for preparing furniture and they are in position to deliver furniture of rs. 20-22 lacs so order be given. no details were given that which type of furniture is ready for delivery. .....

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Jan 28 2008 (HC)

Madan Lal and Etc. Vs. State of Rajasthan

Court : Rajasthan

Decided on : Jan-28-2008

Reported in : 2008CriLJ2306; RLW2008(3)Raj2054

g.s. sarraf, j.1. the two appeals are directed against the judgment dated 27-4-2002 passed by additional sessions judge, no. 2, sikar in sessions case no. 31/2001 and, therefore, they are being disposed of by this common judgment.2. briefly stated the facts of the case are that at 4.30 p.m. on 6-8-2001, the prosecutrix lodged a report at the police station nechhawa, district sikar stating therein that at about 2.30 p.m. on that day, she was grazing cattle in her field adava. the appellants madan lal and kalu singh came over there and called her in the field of millet (bajra) and when she did not oblige both the appellants came to her field, lifted her and took her to the field of millet. the appellant kalu singh threw her on the ground and when she cried he pressed her throat. the appellant madan lal committed rape on her. she suffered injuries on her neck and hands and she was also bitten, on her thigh, hearing her cries, one bhagirath mal saini came there and when he tried to save her the appellants attacked him with a knife as a result of which he suffered injuries on the back and hands. on the basis of the written report (ex. p-1) lodged by the prosecutrix, first information report no. 87/2001 (ex. p-2) was registered at the police station nechhwa against the appellants madan lal and kalu singh under sections 323, 342 and 376, i.p.c., the prosecutrix was medically examined. her injury report is ex. p. 10 whereas report regarding the rape is ex. p. 6. injury report of the .....

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Aug 12 2008 (HC)

Promuk Hoffman International Ltd. Vs. State of Rajasthan ors.

Court : Rajasthan

Decided on : Aug-12-2008

Reported in : RLW2009(1)Raj216

shanker asopa, j.1. since common questions of fact and law are involved in these two writ petitions, therefore, both have been clubbed, heard and are being decided together.2. by s.b. civil writ petition no. 3134/2006, the petitioner has challenged the validity of the order dated 10.4.2006 (anx. 11) by which the respondent no. 2 has disqualified the petitioner from participating in the financial bid. the petitioner company has prayed for production of the entire record of the said bid and notice for invitation of bid for high security registration plates (in short 'hsrp') and quashing of the said order dated 10.4.2006 with the further prayer that the direction be issued to the respondents to treat the petitioner company as qualified and simultaneously allow it to take part in further process of tender. the petitioner company has also prayed that the respondents be restrained from proceeding further in the tender process by awarding the contract to any other party and issuing the letter of intent in favour of any party.3. briefly stated, the relevant facts of the case are that the petitioner, which is a public limited company, entered into joint venture with m/s. eha hoffmann kg and siegem eiss, west germany and submitted its tender for hsrp, the nit for which was issued by the respondents on 20.4.2005. it is stated in the writ petition that the joint venture partner has been into manufacturing and supply of hsrp for almost 40 years and have been operating in more than 30 .....

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May 13 2008 (HC)

Gautam Morarka (Dr.) and ors. Vs. State of Rajasthan and anr.

Court : Rajasthan

Decided on : May-13-2008

Reported in : RLW2008(3)Raj2742

prem shanker asopa, j.1. by these writ petitions, the petitioner are challenging the system of negative marking as informed in para 4(m) of the instruction booklet for the pre-p.g. medical examination 2007 and 2008, except in one of the writ petitions-sbcwp no. 2095/2008 filed by dr. vikas pareek and others, have challenged the decision of the government dated 7.2.2008 extending the benefit of dispensing of negative marking of sc/st candidates to in-service general candidates pre-p.g. medical examination 2008.2. in all the aforesaid writ petitions, except one sbcvvp no. 2059/2008, the similar issue of dispensing with negative marking in respect of sc/st in-service candidates for achieving the target of minimum 40% marks, is involved, by making provision to prepare two results-one with negative marking and another without negative marking will be prepared and in case of non-availability of the candidates in result or with negative marking, then second result without negative marking will come into operation to fill up the remaining seats of sc/st. in sbcwp no. 2059/2008 dr. vikas pareek v. state government decision dated 7.2.2008 of dispensation negative marking for in-service general candidates is under challenge. therefore, all the writ petitions have been clubbed, heard and are being decided together.3. the facts mentioned in sbcwp no. 3295/2008 dr. sameer dhingra and ors. v. the state of rajasthan and ors. are taken as leading case for the purpose of deciding the .....

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Dec 12 2008 (HC)

Union of India (Uoi) and anr. Vs. Rent Tribunal and anr.

Court : Rajasthan

Decided on : Dec-12-2008

Reported in : RLW2009(3)Raj1947

..... arbitral procedure which is fair and capable of meeting the needs of specific arbitration and minimizing the supervisory role of the court and to permit the arbitral tribunal to use mediation; but, at the same time, the prayer for reference can be made if the subject-matter in question before the court is enumerated in the clause for arbitration in the .....

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Jan 29 2008 (HC)

Bheru Mal Vs. State of Rajasthan

Court : Rajasthan

Decided on : Jan-29-2008

Reported in : RLW2008(2)Raj1453

mohammad rafiq, j.1. under challenge in this petition is the order dated 21.1.95 whereby asstt. devisthan commissioner, bikaner directed initiation of inquiry under section 18 of the rajasthan public trust act, 1959 (for short 'the act') against the petitioner in relation to temple in question. this order was earlier challenged by the petitioner in appeal before the devasthan commissioner at udaipur who by his order dated 18.11.96 dismissed the same as premature, which is also under challenge in this writ petition.2. i have heard mr. m.s. singhvi learned counsel for the petitioner, mr. shyam ladrecha, learned govt. counsel appearing for the respondent state and mr. a.k. khatri learned counsel appearing for the respondent no. 4 ganesh ram.3. mr. m.s. singhvi, learned counsel for the petitioner has argued that the order sheet dated 13.1.95 directing initiation of inquiry in regarding temple of mataji situated at rajdesar at tehsil ratangarh district churu could not have been legally passed as the same authority viz. asstt. commissioner, devisthan had earlier served a notice to the petitioner on the basis of survey report submitted by inspector. devisthan for penalty proceedings under section 70 of the act. the petitioner in response to the notice submitted that the temple in question was a private temple of kuldevi of their family. this temple was constructed by his grand father nathuram on his private land about 85 years ago. in support of his contention, the petitioner had .....

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