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Nov 19 2014 (HC)

Sajjan Singh Bhati Vs. State of Raj. and Ors

Court : Rajasthan Jodhpur

1 6 D.B. CIVIL WRIT PETITION NO.26/2013 Sajjan Singh Bhati Vs. State of Rajasthan & Ors. DATE OF ORDER :::19. h November 2014 HONBLE THE ACTING CHIEF JUSTICE MR.SUNIL AMBWANI HONBLE MR.JUSTICE PRAKASH GUPTA Mr.S.P.Sharma for the petitioner Mr.G.S.Rathore ) Mr.Gulab Singh Bhati ) Mr.Ravi Bhansali ) Mr.S.S.Ladrecha,AAG ) Mr.Shreyansh Mardia ) Mr.Pankaj Sharma ) for the respondents :::1. In this writ petition filed in public interest, the petitioner, an Advocate, has brought to the notice of the Court large scale banking business done by various Cooperative Societies registered under the Multi-State Cooperative Societies Act, 2002 and the Cooperative Societies registered under the Rajasthan Cooperative Societies Act,2001 without taking out licence under Section 22, of the Banking Regulation Act, 1949 2. It is alleged that Sanjivani Credit Cooperative Society Ltd. - respondent No.9 is a Multi-State Cooperative Society and that respondents Nos.10, 11 and 12 are State Level Cooperative socie...

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Nov 19 2014 (HC)

Bashir Khan and ors Vs. Vikram

Court : Rajasthan Jodhpur

1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR : ORDER : S.B.CIVIL WRIT PETITION NO.3846/2014 Bashir Khan & ORS.versus Vikram Date of Order :: 19.11.2014 PRESENT HON'BLE Mr.JUSTICE ARUN BHANSALI Mr.D.K.Gaur, for the petitioner/s. ---- BY THE COURT: Heard learned counsel for the petitioneRs.This writ petition is directed against the order dated 29.3.2014 passed by the trial court, whereby the application filed by the petitioners seeking dismissal of the suit has been rejected. The facts in brief may be noticed thus : The respondent- plaintiff Vikram filed a suit seeking compensation for alleged lost of site in his left eye on account of being hit by bullet fired by the respondents. The present application was filed on 2.12.2013 seeking to allege that as the suit has been filed under the provisions of the Fatal Accidents Act, 1855 ('the Act').the same is barred by limitation and as the said court was not a Commissioner under the provisions of the Act, the matter cannot procee...

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Nov 19 2014 (HC)

Bhuwana @ Bhona Vs. Balu and ors

Court : Rajasthan Jodhpur

1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR : ORDER : S.B.CIVIL WRIT PETITION NO.3976/2014 Bhuwana @ Bhona versus Balu & ORS.Date of Order :: 19.11.2014 PRESENT HON'BLE Mr.JUSTICE ARUN BHANSALI Mr.S.L.Sukhwal, for the petitioner/s. ---- BY THE COURT: This writ petition is directed against the order dated 28.11.2011 passed by the trial court, whereby the application filed by the petitioner seeking to place on record the written statement was rejected. The suit was filed in the year 2007, the petitioner appeared, however, did not file the written statement. Though on account of non-filing of the written statement, the petitioner was not set ex-parte, however, the matter proceeded further. Whereafter, the present application was filed inter-alia seeking permission to file written statement. The trial court by its order dated 28.11.2011 rejected the said application as it found that the plea sought to be taken regarding mental state of the petitioner was not proved and / or ...

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Nov 19 2014 (HC)

Mohan Lal Chandak and ors Vs. Union of India and ors

Court : Rajasthan Jodhpur

1 11 D.B. CIVIL WRIT PETITION NO.7194/2014 Mohan Lal Chandak & Ors. Vs. Union of India & Ors. DATE OF ORDER :::19. h November 2014 HONBLE THE ACTING CHIEF JUSTICE MR.SUNIL AMBWANI HONBLE MR.JUSTICE PRAKASH GUPTA Mr.D.D.Chitlangi for the petitioners Mr.Jagdish Vyas for the respondent Mr.S.S.Ladrecha, AAG for the respondent-State :::1. We have heard learned counsel appearing for the parties.2. By way of writ petition filed as Public Interest Litigation, the petitioners have made following prayers:- It is therefore, prayed that the writ petition may kindly be allowed and; (i) By an appropriate writ, direction or order, this Honble Court may direct the respondent Railway authorities not to close down the railway crossing No.264 connecting Rani Bazaar and Ambedkar Circle in the Bikaner City. (ii) By an appropriate writ, direction or order, this Honble Court may kindly be quashed and set aside the impugned order/letter dated 27.5.2014 (Annexure-6) passed by Senior Divisional Engineer, North ...

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Nov 19 2014 (HC)

Kailash Malpani Vs. Rent Tribunal, Jodhpur and anr

Court : Rajasthan Jodhpur

1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR :ORDER: S.B.CIVIL WRIT PETITION NO.5648/2013 Kailash Malpani versus Rent Tribunal, Jodhpur & Anr. Date of Order :: 19.11.2014 PRESENT HON'BLE Mr.JUSTICE ARUN BHANSALI Mr.M.S.Rajpurohit, for the petitioner. Mr.J.K.Gehlot, for the respondents. ---- BY THE COURT: This writ petition is directed against the order dated 12.04.2013 passed by the Rent Tribunal, Jodhpur (for short 'the Tribunal').whereby, the applications filed by the petitioner seeking directions to the respondent for repair of the premises and for appointment of Surveyor for bringing on record the status of the suit property have been rejected. After hearing the parties, the Tribunal came to the conclusion that the petition seeking repair of the premises could be filed under Section 24 of the Rent Control Act, 2001 (for short 'the Act') and the same was not maintainable under the pending proceedings under Section 9 of the Act. Regarding the appointment of the Surveyor...

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Nov 18 2014 (HC)

Shanker Lal Harsh Vs. State and Ors

Court : Rajasthan Jodhpur

-1- IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR. ORDER Shanker Lal HaRs.& Anr.v.State of Rajasthan & ORS.D.B.Civil Writ Petition (PIL) No.11357/2013 Date of Order :: 18th November, 2014 P R E S E N T HON'BLE MR.JUSTICE GOVIND MATHUR HON'BLE MR.JUSTICE PRAKASH GUPTA Mr.J.L.Purohit, Senior Advocate, assisted by Mr.Shashank Joshi, for the petitioners...BY THE COURT : (PER HON'BLE GOVIND MATHUR,J.) By claiming themselves as devotees of Shri Laleshwar Mahadev Temple, the petitioners practicing advocates at Bikaner have preferred this petition for writ said to be in public interest to get the notification dated 27.4.1981 notified by the Department of Devasthan quashed. The Department of Devasthan by the notification aforesaid published a list of the temples directly under its charge, management and control. Briefly stated, facts of the case are that the temple of Laleshwar Mahadev, Shivbari, Bikaner was established on Vaishakh Shukla Dashmi, Vikram Samvat 1937 by the former Stat...

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Nov 18 2014 (HC)

Natwar Lal and Ors Vs. Prahlad Singh and Ors

Court : Rajasthan Jodhpur

1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR : ORDER : S.B. CIVIL WRIT PETITION NO.3324/2005 Natwar Lal & Ors. Vs. Shri Prahlad Singh & Ors. Date of Order ::18. 11.2014 PRESENT HON'BLE MR. JUSTICE ARUN BHANSALI Mr. Arpit Bhoot, for the petitioner/s. Mr. S.P. Sharma, for the respondent/s. ---- BY THE COURT: This writ petition is directed against the order dated 8.10.2004 passed by the trial court whereby the application filed by the petitioners-plaintiffs seeking amendment in the plaint has been rejected. The facts in brief may be noticed thus : the petitioners filed a suit for possession, damages and permanent injunction against Prahlad Singh and Dalpat Singh regarding property known as 'Shahji Ka Bagicha' situated at Ward No.8, Kuchaman City. It was inter-alia claimed that the Western portion of the property was on rent with Nobal Senior Secondary School, about 1/2 Eastern portion is on rent with Commercial Taxes Department and Sheep & Wool Department and 1/2 Southern po...

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Nov 18 2014 (HC)

Brij Mohan Chhangani Vs. Kripa Shanker and Ors

Court : Rajasthan Jodhpur

1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR :ORDER: S.B.CIVIL WRIT PETITION NO.6969/2014 Shri Brij Mohan Chhangani versus Shri Kripa Shanker & ORS.Date of Order :: 18th November, 2014 PRESENT HON'BLE Mr.JUSTICE ARUN BHANSALI Mr.Avin Chhangani ) Mr.M.L.Chhangani ) for the petitioner. ---- BY THE COURT: This writ petition under Article 226 and 227 of the Constitution of India is directed against order dated 23.08.2014 passed by the trial court, whereby, the applications filed by the respondent Nos.2 and 4 under Order I, Rule 10(2) CPC have been allowed. Facts in brief may be noticed thus : petitioner Brij Mohan Chhangani filed a suit against his two brothers Kripa Shanker and Satya Narain and his sister Smt. Asha for partition of a house situated at Goydani Para, Jaisalmer claiming the same as belonging to Kishan Lal, their father and having 1/4th share in the said property. The written statements were filed by Kripa Shanker, Satya Narain and Smt. Asha; while Kripa Shanker...

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Nov 18 2014 (HC)

Natwar Lal and ors Vs. Prahlad Singh and ors

Court : Rajasthan Jodhpur

1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR : ORDER : S.B. CIVIL WRIT PETITION NO.3324/2005 Natwar Lal & Ors. Vs. Shri Prahlad Singh & Ors. Date of Order ::18. 11.2014 PRESENT HON'BLE MR. JUSTICE ARUN BHANSALI Mr. Arpit Bhoot, for the petitioner/s. Mr. S.P. Sharma, for the respondent/s. ---- BY THE COURT: This writ petition is directed against the order dated 8.10.2004 passed by the trial court whereby the application filed by the petitioners-plaintiffs seeking amendment in the plaint has been rejected. The facts in brief may be noticed thus : the petitioners filed a suit for possession, damages and permanent injunction against Prahlad Singh and Dalpat Singh regarding property known as 'Shahji Ka Bagicha' situated at Ward No.8, Kuchaman City. It was inter-alia claimed that the Western portion of the property was on rent with Nobal Senior Secondary School, about 1/2 Eastern portion is on rent with Commercial Taxes Department and Sheep & Wool Department and 1/2 Southern po...

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Nov 18 2014 (HC)

Rajendra Kumar Vs. Purshottam Holani and anr

Court : Rajasthan Jodhpur

1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR : ORDER : S.B.CIVIL WRIT PETITION NO.12752/2013 Rajendra Kumar versus Purshottam Holani & Anr. Date of Order :: 18.11.2014 PRESENT HON'BLE Mr.JUSTICE ARUN BHANSALI Mr.Rajesh Parihar, for the petitioner/s. Mr.Rajesh Panwar) Mr.M.S.Soni ).for the respondent/s. ---- BY THE COURT: Heard learned counsel for the parties. This writ petition is directed against the order dated 10.5.2013 passed by the trial court, whereby the application filed by the petitioner under Order XIV, Rule 5 CPC has been rejected. The application was filed seeking framing of additional issues based on the written statements filed by the petitioner whereby the relationship of landlord and tenant was denied and it was claimed that the suit based on such relationship was not maintainable and it was required of the plaintiffs to pay court fee for suit for possession. The trial court after hearing the parties came to the conclusion that the issue regarding the land...

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