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Apr 13 2015 (HC)

Sumit Manchanda Vs. Appellate Rent Tribunal, Kota and Others

Court : Rajasthan Jodhpur

1. We have heard learned Senior Counsel appearing for the appellant. 2. This D.B. Civil Special Appeal(W) No. 266/2015, is directed against the judgment of learned single Judge, dated 15-1-2015, by which he has upheld the order passed by the Rent Appellate Tribunal, Kota, whereby the petition for eviction of the appellant from the disputed shop, was allowed on the ground of bona fide need of the landlord. 3. The Rent Appellate Tribunal recorded for finding that apart from bona fide need, which was established, the tenant had also denied the title of the land, which alone was sufficient to pass the eviction order. 4. It is submitted that shop Nos. 4 and 5 in the same premises, owned by the respondent-landlord, were sold by him prior to filing of the eviction petition in the year 2003. The findings that these two shops belonged to his family members, which were sold by them, is erroneous, inasmuch as these two shops were also owned by the landlord. On the plea that the landlord also, own...

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Apr 09 2015 (HC)

M/s. The Lalit (A Unit of Bharat Hotels Ltd.) Vs. State of Rajasthan a ...

Court : Rajasthan Jodhpur

1. We have heard learned counsel appearing for the petitioner on admission. 2. In the writ petition, the constitutional validity of the Rajasthan Tax on Entry of Goods into Local Areas Act, 1999 (for short, 'the Act') has been challenged on the ground that it violates freedom of trade, commerce and intercourse under Article 301, not saved by Article 304(b) of the Constitution of India. 3. A batch of writ petitions challenging the constitutional validity of the Act, was heard and dismissed by the Division Bench of this Court. Vide judgment dated 1.12.2014 in M/s Harit Polytech Pvt. Ltd. V/s State of Rajasthan and ors. (D.B. Civil Writ Petition No.8745/2014) and other connected writ petitions, the Court concluded as follows:- 26. After hearing learned counsels for the parties, we are of the considered opinion that the Division Bench in M/s. Dinesh Pouches Limited (2) Vs. State of Rajasthan and Ors. (supra), having noticed the directions of Hon'ble Supreme Court issued in the order dated ...

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Apr 07 2015 (HC)

National Insurance Company Limited Vs. Dr. Kailash Chandra and Another

Court : Rajasthan Jodhpur

1. This writ petition is directed against order dated 23.10.08 passed by the Permanent Lok Adalat, District Legal Services Authority, along with allowing the application preferred by the first respondent herein under Section 20 read with Section 22 of the Legal Services Authority Act, 1987 (for short "the Act") and consequently directing the petitioner herein to pay a sum of Rs. 64,995/- along with interest @ 10% for the period commencing from 13.4.05. It is further ordered that if the amount is not paid within a period of two months, the amount payable shall carry interest @ 12%. 2. The relevant facts are that the first respondent's vehicle RJ-06-E-2062, an ambulance car, was insured with the Petitioner Insurance Company for the period 21.2.04 to 20.2.05. On 12.10.04, on account of vehicular accident, the said vehicle was badly damaged. After spot survey and final survey, the Authorised Surveyer and the Loss Assessor assessed the net loss at L 64,995.34, subject to the terms and condi...

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Apr 06 2015 (HC)

Suresh Kumar Vs. State of Rajasthan and Another

Court : Rajasthan Jodhpur

Since both these revision petitions have been filed against the same impugned order, therefore, both these revision petitions were heard together and are being decided by this common order. 2. Both these revision petitions have been filed against the impugned order dated 26.03.2014 passed by the learned Additional Sessions Judge (Women Atrocities and Dowry Prohibition Cases), Sriganganagar in Sessions Case No.92/2013, arising out of FIR No.131/2013 of Police Station Raisinghnagar, District Sriganganagar whereby charges were framed under Sections 498A and 306 IPC. 3. The brief facts of the case are that the complainant Bhanwar Lal Modi lodged a written report alleging inter alia that his daughter Saraswati got married with accused Suresh Kumar in the year 1998. After some time of the marriage, accused Suresh Kumar and his family members started torturing his daughter and started demanding dowry. On 08.05.2013, accused Suresh Kumar threatened him to give L 5 lakhs on mobild and also thre...

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Apr 06 2015 (HC)

Kapil Deo Prasad Vs. State of Raj and Another

Court : Rajasthan Jodhpur

1. The petitioner was served with a charge-sheet on 25th September, 1991, under Rule 16 of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 (hereinafter referred to as the 'Rules of 1958', for short) and consequently was inflicted with the penalty of stoppage of three grade increments with cumulative effect by the Disciplinary Authority vide order dated 31st August, 1996. Aggrieved of the penalty imposed, the petitioner has instituted the present writ proceedings, with a prayer to quash and set aside the order of penalty and to exonerate the petitioner of the charges levelled against him. 2. Shorn off unnecessary details, the indispensable material facts, necessary for appreciation of the controversy raised, needs to be first noticed. The petitioner was initially appointed as 'Amin' in the Settlement Department on 17th August, 1961 and was accorded promotion to the post of Inspector Settlement in the month of September, 1989, and he has maintained a clean a...

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Mar 30 2015 (HC)

Kanhaiya Lal and Another Vs. Sohan Lal and Others

Court : Rajasthan Jodhpur

By the court: 1. This second appeal of the defendants is arising out of the judgment and decree dated 03.09.2013 passed by the learned Additional District Judge No.1, Bhilwara in Civil Appeal No.71/2005 Sohan Lal S/o Ram Kalyan Vijayvargiya and Ors. Vs. Kishan Chand (deceased) S/o Dhallumal through his LRs and Ors. who allowed the appeal filed by the present respondents-plaintiffs and modified the judgment and decree dated 10.08.2005 passed by the learned Additional Civil Judge (Junior Division) No.2, Bhilwara in Civil Original Suit No.322/1999 Sohan Lal S/o Ram Kalyan Vijayvargiya and Ors. Vs. Kishan Chand (deceased) S/o Dhallumal through his LRs and Ors. by which, the learned Additional Civil Judge (Junior Division) had decreed the suit filed by the plaintiffs seeking redemption of mortgage of suit house and for its possession which is known as Khatiknami Haveli situated at Azad Chowk, Bhilwara. 2. The present second appeal has been filed by the defendants-Kanhaiya Lal S/o Heeranand ...

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Mar 27 2015 (HC)

Ram Kumar Singh and Others Vs. The State of Rajasthan and Others

Court : Rajasthan Jodhpur

1. This Special Appeal is reported to be time barred by 124 days. 2. The delay has been satisfactorily explained, and is thus, condoned. The application for condonation of delay is allowed. 3. This intra-court Special Appeal is directed against the judgment dated 23.09.2013, by which this Court did not interfere, on a challenge made to condition No.10 of the advertisement dated 09.07.2013, for appointment to the posts of Lower Division Clerk (LDC) in the Local Self Government Department, Government of Rajasthan, Jaipur. 3. In the advertisement dated 09.07.2013, the vacant posts of LDCs were sought to be filled up by way of LDC Direct Recruitment, 2013 in the Local Self Government Department. Condition No.10 provided for award of bonus marks to all those persons, who were working on temporary/contract/daily wages, or in any other manner, other than regular employment, in the local bodies, on the post of Junior Clerk, and had completed 10 years upto 10.04.2006. They were provided with 30...

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Mar 25 2015 (HC)

Kamla Kanwar Vs. State of Rajasthan and Others

Court : Rajasthan Jodhpur

Mohammad Rafiq, J. 1. These two writ petitions, which involve identical questions of law and facts, were heard together and are being decided simultaneously. 2. Writ petition No.9716/2007 has been filed by Smt. Kamla Kanwar. Briefly stated, the facts of this case are that husband of petitioner late Naik Narayan Singh, 18th BSF Bn, had become permanently incapacitated for regular service in Indo-Pak War 1971 during Bangladesh operation. He was awarded Police Medal for gallantry by the President of India as per notification dated 19.12.1972 published in the Gazette of India dated 06.01.1973. The said award was made for gallantry under Rule 4(i) of the Rules governing the award of the Police Medal and consequently carries with it the special allowance admissible under Rule 5 thereof, with effect from 10.04.1971. In this connection, the Junior Staff Officer (Administration), Border Security Force, Jodhpur, sent a letter dated 07.04.1998 to Ex-LNK Narayan Singh. According to the petitioner,...

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Mar 24 2015 (HC)

Rampal Vs. State of Rajasthan and Another

Court : Rajasthan Jodhpur

By the Court: The matter comes up on an application (CRLMA No.219/2015) for taking certain documents on record. For the reasons stated in the application, the application (CRLMA No.219/2015) is allowed and the documents annexed with the application (CRLMA No.219/2015) be placed on record. With the consent of learned counsel for the parties, this criminal misc. petition is heard n merits and is being decided. This criminal misc. petition under Section 482 Cr.P.C. has been filed by the petitioner against the order dated 23.04.2014 passed by the Additional Sessions Judge No.3, Jodhpur Metropolitan (hereinafter referred to as 'the revisional court') in Criminal Revision No.3/2012, whereby the criminal revision filed by the petitioner against the order dated 04.05.2012 passed by the Additional Chief Judicial Metropolitan Magistrate (CBI Cases), Jodhpur Metropolitan (hereinafter referred to as 'the trial court') in Criminal Case No.1303/2010, has been dismissed. The trial court vide order da...

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Mar 18 2015 (HC)

State of Rajasthan Vs. Vishnudutt

Court : Rajasthan Jodhpur

1. The instant Criminal Appeal has been filed by the State under Section 378 of the Cr.P.C. against the Judgment dated 12.12.1991 passed in Criminal Appeal No. 73/87 by the Sessions Judge, Jalore. 2. Brief facts of the case are that a criminal case was registered against the respondent under Section 7/16 of the Food Adulteration Act upon the complaint filed by the Food Inspector Ambalal Mathur on 14.12.1984. The learned Civil Judge-cum-Judicial Magistrate, Jalore in Criminal Case No. 180/184 convicted the respondent for offence under Section 7/16 of the Food Adulteration Act and passed the sentence for imprisonment of 6 months with fine of Rs.1,000/- and in default of payment of fine to further undergo 3 months imprisonment. 3. As per the allegation against the respondent in a search made by the Food Inspector Nanak Singh (PW-1) on 19.7.1984 at about 1.00 P.M. near bus stand the respondent was selling sweet toffees, biscuits and other material in his shop and upon apprehension IK Kg. o...

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