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Dec 08 2014 (HC)

Vikramjeet @ Jita Vs. State

Court : Rajasthan Jodhpur

1 S.B.CR. MISC. BAIL APPLICATION NO.9136/2014 Vikramjeet @ Jita versus State of Rajasthan Date of order : 08.12.2014 HON'BLE Mr.JUSTICE VIJAY BISHNOI Mr.Pankaj Gupta for the applicant. Mr.Vikram Rajpurohit, Public Prosecutor. Mr.Raj Mahendra, Dy. Jailor, Central Jail, Sr.Ganganagar. This criminal misc. bail application under Section 439 Cr.P.C.has been preferred by the applicant with the prayer that he may be released on bail on medical ground. Pursuant to the directions given by this court on 5th December, 2014, the medical report of the applicant prepared by the Medical Officer, Government Hospital, Sr.Ganganagar has been submitted before this Court, wherein it is mentioned that further surgery is required in respect of the injury received by the applicant. Learned counsel for the applicant has submitted that he is not pressing for regular bail, but he prays for granting temporary bail for a period of two months so that the applicant can get his wound treated at a higher centre in De...

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Dec 08 2014 (HC)

Vivek Sharma Vs. Union of India and Ors

Court : Rajasthan Jodhpur

1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR ORDER Vivek Sharma Vs. The Union of India D.B.CIVIL WRIT PETITION NO.3255/2014 DATE OF ORDER: Dec.8, 2014 PRESENT HON'BLE THE ACTING CHIEF JUSTICE MR.SUNIL AMBWANI HON'BLE MR.JUSTICE P.K.LOHRA Mr.M.S.Singhvi, Sr.Advocate, assisted by Mr.Hemant Dutt, for the petitioner. Mr.Kamal Dave, for the respondents. REPORTABLE: BY THE COURT : (PER HON.ACT G.CJ MR.SUNI L AMBWANI) 1. Heard learned counsel for the parties.2. By this writ petition filed in public interest, the petitioner has prayed for the following reliefs: It is, therefore, most respectfully prayed that by an appropriate writ, order or direction, the respondents may be directed to undertake the work of gauge conversion from meter gauge to broad gauge between Marwar Jn. and Mavli Jn. at the earliest and within such time as this Hon'ble Court deems fit to prescribe and further to start the rail traffic between Jodhpur to Udaipur.. 3. On 26.11.2014, after considering the reply,...

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Dec 05 2014 (HC)

Rashid Khan Vs. State and Anr

Court : Rajasthan Jodhpur

S.B.CRIMINAL MISC. PETITION NO.1423/2014 Rashid Khan V/S State of Rajasthan & Anr. 1 THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR ORDER S.B.CRIMINAL MISC. PETITION NO.1423/2014 Rashid Khan V/S State of Rajasthan & Anr. Date of Order : 05.12.2014 PRESENT HONBLE MR.JUSTICE VIJAY BISHNOI Mr.M.K.Garg, for petitioner. Mr.Vikram Rajpurohit, Public Prosecutor. Mr.Mahesh Seni for Mr.Ravindra Singh, for respondent No.2. BY THE COURT :- This Criminal Misc. Petition under Section 482 Cr.P.C.has been filed by the petitioner with a prayer for quashing the FIR No.32/2014 dated 27.03.2014 of Police Station, Ghantaghar, District Udaipur for the offences punishable under Sections 147, 148, 149, 323 and 365 IPC. Brief facts of the case are that on a complaint lodged at the instance of respondent No.2, the Police Station, Ghantaghar, District Udaipur on 27.03.2014 has registered an FIR No.32/2014 against the petitioner and investigation thereof is going on. S.B.CRIMINAL MISC. PETITION NO.1423/20...

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Dec 03 2014 (HC)

Shanker and anr Vs. State

Court : Rajasthan Jodhpur

1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B.CRIMINAL MISC. BAIL APPLICATION (SOS) NO.697/2014 IN S.B.CRIMINAL APPEAL NO.616/2014 Shanker & Anr. versus State of Rajasthan Date of order : 3.12.2014 HON'BLE Mr.JUSTICE SANDEEP MEHTA Mr.Anuj Sahlot, for the petitioneRs.Mr.M.S.Panwar, P.P. Heard learned counsel for the petitioners and learned Public Prosecutor on application for suspension of sentence. The petitioner Ishwer has not still surrendered after the dismissal of his appeal by the learned Additional Sessions Judge, Dungarpur and thus, the application for suspension of sentences perferred on his behalf is dismissed at this stage. So far as the petitioner Shanker is concerned, having regard to the facts and circumstances of the case and considering the fact that the petitioner Shanker is reported to have surrendered before the trial Court on 24.11.2014, this Court is of the opinion that it is a fit case for suspending the sentences awarded to the accused petitioner ...

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Dec 02 2014 (HC)

Barkat Khan (Barkat Ali) and anr Vs. State

Court : Rajasthan Jodhpur

S.B.CR. MISC. SUSPENSION OF SENTENCE APPL NO.409/2014 IN S.B.CRIMINAL REVISION NO.1262/2014 Barkat Khan (Barkat Ali) & Anr. V/S State of Rajasthan Date of order : 02.12.2014 HON'BLE Mr.JUSTICE VIJAY BISHNOI Mr.Pradeep Shah, the petitioner-applicaints. Mr.Deepak Choudhary, Public Prosecutor. Heard learned counsel for the petitioner- applicants and the learned Public Prosecutor. I have considered the rival arguments advanced by the parties and perused the judgments of the courts below. Looking to the facts and circumstances of the case and the short sentence awarded by the learned trial court, I consider it just and proper to suspend the sentences awarded to the accused petitioner-applicant. Accordingly, the application for suspension of sentence filed under Section 397(1) Cr.P.C.is allowed and it is ordered that the sentences passed by the learned Additional Chief Judicial Magistrate, Mount Abu, District Sirohi in Cr.Case No.155/2006 vide order dated 04.07.2012 as affirmed by the learn...

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Dec 02 2014 (HC)

Ramesh Ram Vs. State

Court : Rajasthan Jodhpur

S.B.CR. MISC. SUSPENSION OF SENTENCE APPL NO.405/2014 IN S.B.CRIMINAL REVISION NO.1250/2014 Ramesh Ram versus State of Raj. Date of order : 02.12.2014 HON'BLE Mr.JUSTICE VIJAY BISHNOI Mr.M.C.Bishnoi, for the petitioner. Mr.Deepak Choudhary, P.P. Heard learned counsel for the petitioner- applicant and the learned Public Prosecutor. I have considered the rival arguments advanced by the parties and perused the judgments of the courts below. Looking to the facts and circumstances of the case and the short sentence awarded by the learned trial court, I consider it just and proper to suspend the sentences awarded to the accused petitioner-applicant. Accordingly, the application for suspension of sentence filed under Section 397(1) Cr.P.C.is allowed and it is ordered that the sentences passed by the learned Additional Chief Judicial Magistrate, Pali, District Pali in Cr. Regular Case No.194/2010 vide order dated 02.05.2013 as affirmed by the learned Special Judge SC/ST Act Cases, Pali vide or...

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Dec 02 2014 (HC)

Prittam Kumar Vs. State

Court : Rajasthan Jodhpur

S.B. CIVIL FIRST APPEAL No.157/1992. Pryttam Kumar Vs. State of Rajasthan through the Collector, Bhilwara Judgment dated 02/12/2014 1/3 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR. :: JUDGMENT :: S.B. CIVIL FIRST APPEAL No.157/1992. Pryttam Kumar Vs. State of Rajasthan through the Collector, Bhilwara & Ors. Date of Judgment ::::02. d December, 2014. PRESENT HON'BLE Dr. JUSTICE VINEET KOTHARI Appearance: Mr. Arvind Samdariya, for the appellant/plaintiff. -- BY THE COURT:1. The appellant/plaintiff has preferred the present appeal assailing the impugned judgment and decree dated 18.09.1992 passed by learned District Judge, Bhilwara in Civil Original Suit No.30/1987- Prittam Kumar Vs. State & Ors., claiming compensation to the extent of Rs.2 lacs for the malicious prosecution and defamation of the plaintiff about the alleged wrongful arrest of the plaintiff/appellant, who was the Member of Bhilwara Kraya Vikray Sahkari Samiti, Bhilwara on 13.09.1972 in pursuance of F.I.R. No.3...

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Dec 01 2014 (HC)

M/S Modi Ram Chandra Vs. Mali Talsa

Court : Rajasthan Jodhpur

CFA No.164/94 - M/s Modi Ram Chandra Khushal Chand Sirohi vs. Mali Talsa Judgment dt:1. 12/14 1/4 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR JUDGMENT M/s Modi Ram Chandra Khushal Chand Sirohi VS. Mali Talsa s/o Gamnaji S.B.CIVIL FIRST APPEAL NO.164/94 DATE OF JUDGMENT :1. 12/2014. PRESENT HON'BLE DR.JUSTICE VINEET KOTHARI Mr. B.K.Bhatnagar, for the appellant. Mr.S.G.Ojha, for the respondent. BY THE COURT:1. Heard learned counsels for the parties.2. This first appeal has been preferred by the plaintiff M/s Modi Ram Chandra Khushal Chand Sirohi on account of rejection of its plaint in Civil Suit No.45/87, which was a money recovery suit and came to be rejected on 19/8/1994 by the learned trial court of District Judge, Sirohi. In all 08 issues were framed by the learned trial court and except issue no.1, all the remaining issues were decided in favour of the plaintiff finding that the plaintiff was entitled to recovery Rs.33,200/- with interest on account of business transa...

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Nov 28 2014 (HC)

M/S Srei International Fin. Ltd Vs. Ashok Kumar

Court : Rajasthan Jodhpur

[1].IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR JUDGMENT M/S.SREI International Finance Limited versus Ashok Kumar S.B.CIVIL MISC. APPEAL No.1606/2013 Date of Judgment: November 28, 2014. PRESENT HON'BLE Mr.JUSTICE P.K.LOHRA, J. Mr.S.D.Vyas with Mr.P.S.Chundawat, for the appellant. Mr.Vikas Balia, for the respondent. Reportable BY THE COURT: Appellant-defendant has laid this appeal under Order 43 Rule 1(d) read with Section 104 of the Code of Civil Procedure (for short, CPC) assailing the order dated 26th of July 2013 passed by Addl. District Judge, Rajsamand, whereby its application under Order 9 Rule 13 read with Section 151 CPC for setting aside ex-parte decree dated 19th January 2006 was rejected. Succinctly stated, the facts of the case are that respondent-plaintiff instituted a civil suit against [2].appellant for recovery of a sum of Rs.1,60,155 before learned trial Court, wherein besides money decree he also prayed for relief of perpetual injunction. The suit was i...

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Nov 28 2014 (HC)

State Vs. Ramesh Kumar and anr

Court : Rajasthan Jodhpur

1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR JUDGMENT D.B.CRIMINAL LEAVE TO APPEAL NO.146/2014 State of Rajasthan versus Ramesh Kumar & Anr. DATE OF ORDER :: 28.11.2014 PRESENT HON'BLE Mr.JUSTICE GOVIND MATHUR HON'BLE Mr.JUSTICE PRAKASH GUPTA Mr.J.Bhardwaj, Public Prosecutor ..BY THE COURT : This application as per provisions of Sub-Section (4) of Section 384 of the Code of Criminal Procedure is preferred to have leave to appeal the judgment dated 20.2.2014 passed by learned Sessions Judge, Sirohi acquitting the accused-respondents Ramesh Kumar and Dinesh Kumar from the charges pertaining to the offence punishable under Sections 302/34 and 460 I.P.C.The application is barred by limitation from 69 days. No application is preferred to condone delay in filing the application. Ignoring the delay with the consent of learned Public Prosecutor we have heard the application on merits. The argument advanced by learned Public Prosecutor is that the trial court erred while not relyi...

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