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Mar 18 2015 (HC)

Krishna Devi Vs. State of Rajasthan and Others

Court : Rajasthan Jodhpur

1. Heard learned Counsel for the parties. 2. The instant Writ Petition has been preferred by the Petitioner assailing the Order-Annex,P.3 dated 7.6.2008 whereby the Petitioner s services were sought to be terminated by the Respondent No.2 Municipal Board, Gajsinghpur. 3. Facts in brief are that the Petitioner s mother-in-law Smt. Sukhali Devi was working as a Safai Karamchari in the Municipal Board, Gajsinghpur. She expired on 8.3.2003 while in service. The Petitioner s husband Sita Ram is a patient of Asthama and as such, was not in position to work in any capacity in the Municipal Board. Accordingly, the Petitioner filed an Application in the prescribed form along with her own and her husband s Affidavits for being appointed as a Safai Karamchari on Compassionate basis in place of her mother-in-law. The Petitioner s Application was considered in the meeting of the Municipal Board dated 17.6.2003 and a unanimous Resolution was adopted to appoint the Petitioner on the post of Safai Kar...

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Mar 11 2015 (HC)

Mohini Devi Vs. State of Rajasthan and Others

Court : Rajasthan Jodhpur

1. By way of the instant Writ petition, the petitioner-Smt. Mohini Devi has approached this Court praying for the following reliefs: (A) the Respondent may kindly be directed to grant family pension and 50% of salary of Smt. Rajeshwari in favour of the petitioner forthwith; and (B) Respondent-Smt. Rajeshwari may kindly be directed to maintain and look after the petitioner in pursuance of the undertaking given by her while taking Compassionate Appointment; and (c) and the Respondents may kindly be directed to terminate the service of Respondent Smt. Rajeshwari if she fails to abide by the undertaking given by her while taking Compassionate Appointment;.. 2. Facts in brief are that the petitioner s husband Devi Singh was serving in the Respondent-jodhpur Vidhyut Vitran Nigam Ltd., Jodhpur (JVVNL) on the post of Helper-I Shri Devi Singh passed away while in service on 28.7.1994. The petitioner claims that she recommended the appointment of her son Manohar Songh in her own place for Compa...

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Mar 10 2015 (HC)

Geeta Devi and Others Vs. Dr. Surendramal Mertiya and Others

Court : Rajasthan Jodhpur

Dr. Vineet Kothari, J. 1. The appellant/defendant/tenant, having concurrently lost before the two courts below, has filed the present second appeal under Section 100 of the Code of Civil Procedure, 1908, assailing the judgment and eviction decree dated 10.07.2013 passed by learned Additional District Judge No. 1, Jodhpur Metropolitan, Jodhpur, whereby the first appeal filed by the appellant/defendant being Civil Appeal No. 12/2008, Smt. Geeta Devi v. Dr. Surendra Mai Mertiya, was dismissed, affirming the judgment and eviction decree dated 21.05.2008 passed by learned Addl. Civil Judge (Jr. Division) No. 3, Jodhpur, in Civil Original Suit No. 129/2007, Dr. Surendramal Mertiya v. Smt. Geeta Devi, whereby the suit filed by the plaintiff/respondent for eviction under Section 22 of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (for short, hereinafter referred to as 'Act of 1950. was decreed in favour of plaintiff/respondent granting eviction decree with respect to suit sho...

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Mar 03 2015 (HC)

Hans Raj and Others Vs. State of Rajasthan

Court : Rajasthan Jodhpur

By the Court: (Ahluwalia, J.) (Oral): Hans Raj, Gopal, and Bholu, sons of Ram Ratan, Gopal and Jagdish, sons of Banna, all resident of Village Morla, Police Station, Lamba Harisingh Distt. Tonk have preferred two separate appeals to assail the impugned judgment dated 16th June, 2006 rendered by Court of Additional Sessions Judge, Malpura, Distt. Tonk whereby all appellants were held guilty of offences under Sections 148, 447, 323 read with Section 149 IPC. Appellant Hans Raj was substantively convicted for offence under Section 302 IPC, whereas remaining accused were convicted with aid of Section 149 IPC. Vide a separate order of even date, the trial Judge had sentenced the appellants as under:- Accused appellants Hansraj, Bholu, Gopal sons of Ram Ratan, and Gopal and Jagdish sons of Banna:- For offence under Section 148 IPC : to undergo one year rigorous imprisonment, and to pay a fine of Rs. 1000/-, and in default thereto, to further undergo one month imprisonment. For offence under ...

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Feb 20 2015 (HC)

Roshan Lal Vs. Manoj Kumar and Others

Court : Rajasthan Jodhpur

1. This second appeal is arising out of the judgment and decree dated 31-10-2007 passed by the learned Additional District Judge No. 1, Bikaner in Civil Appeal (Decree) No. 49/2007 Manoj Kumar S/o. Sohan Lal and Smt. Bhikhi Devi W/o. Sohan Lal v. Roshan Lal S/o. Jeevraj Sethia and Anr. who allowed the appeal filed by the present respondents-defendants and set aside the judgment and decree dated 19-11-2003 passed by the learned Additional Civil Judge (Senior Division) No. 4, Bikaner in Civil Case No. 93/2001 Roshan Lal S/o. Jeevraj Sethia v. Manoj Kumar S/o. Sohan Lal Pugalia and Smt. Bhikhi Devi W/o. Sohan Lal Pugalia and Anr. by which, the learned Additional Civil Judge (Senior Division) had decreed the suit filed by the appellant-plain-tiff-Roshan Lal seeking perpetual and mandatory injunction in relation to the disputed piece of land, which is a common chowk between the residential houses of the parties, situated at Bhinasar, Sethia Chowk, Bikaner. The present second appeal has been...

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Feb 19 2015 (HC)

Devan Das Vs. State of Rajasthan

Court : Rajasthan Jodhpur

The instant criminal appeal has been filed by the appellant Devan Das S/o Nathumal, resident of Pali under Section 374(2) Cr.P.C. to challenge the judgment of conviction and sentence dated 12.8.2005 whereby the Addl. Sessions Judge (Fast Track) No.2, Pali convicted the accused appellant for offence under Sections 376, 363, 323 and 324 IPC and passed the following sentence against him: Under Section 376 IPCLife imprisonment and Rs.1000/- of fine and in default of payment of fine to further undergo 3 years SI.Under Section 363 IPC3 years RI and a fine of Rs.500/- and in default of payment of fine to further undergo 6 months SI.Under Section 324 IPC1 years RI and to pay a fine of Rs.500/- and in default of payment of fine to further undergo 3 months SI.Under Section 323 IPC6 months SI and a fine of Rs.250/- and in default of payment of fine to further undergo 1 months SI. As per the facts of the case an FIR was lodged by the complainant Ramesh Kumar, father of the prosecutrix, who was six...

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Feb 16 2015 (HC)

State of Rajasthan Vs. Aslam and Another

Court : Rajasthan Jodhpur

1. The instant cr. leave to appeal has been filed under Section 378(iii) and (i) of Cr.P.C. by the State against the judgment dated 23.10.2013 passed by the learned Special Judge SC/ST Cases, Bhilwara in Sessions Case No.54/2010 by which the learned trial court acquitted the respondents for the offences under Section 323, 324 and 307 IPC and under Section 3(2)(5) and 3(1)(10) of the SC/ST (Prevention of Atrocities) Act. 2. As per the facts of the case the complainant Arun Kumar Khatik PW-4 gave statement at Mahatma Gandhi Hospital on 7.8.2010 at 12.30 p.m. that he and Suraj were taking tea in UIT Market, at that time, he received a telephonic call from his brother Nand Kishore in which it is stated by him that they went to the hospital for taking medicine but gate of Van was opened in front of hospital, therefore, they asked the vehicle owner to close the door, which was creating hurdle, at that time, Ayaz and Aslam came out and gave beatings to him and his son Renu on the issue of not...

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Feb 13 2015 (HC)

M/s. Birla Cement Works Vs. Rajasthan Electricity Regulatory Commissio ...

Court : Rajasthan Jodhpur

Sunil Ambwani, Actg. C.J. 1. Heard learned counsel appearing for the appellants. Mr.Bipin Gupta appears for Rajasthan Electricity Regulatory Commission and Ms.Parinitoo Jain for Ajmer Vidhyut Vitaran Nigam Limited, Ajmer. 2. The appellants are industrial consumers of electricity distribution companies, namely, Jaipur Vidhyut Vitaran Nigam Limited, Ajmer Vidhyut Vitaran Nigam Limited and Jodhpur Vitaran Nigam Limited (for short, 'the respondent-Discoms/Discoms'). They filed writ petitions for replacement of meters, as stipulated in Rajasthan Electricity Regulatory Commission (Metering) Regulations, 2006 (for short, 'Regulations of 2006'), and to ensure that they are not deprived of the benefits of 3rd digit power factor incentive, on account of the failure of the Discoms in replacing meters of the required specifications. They also prayed for restraining the Discoms from making any recovery from the petitioners, of the differential amount between the 2nd digit power factor incentive and...

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Feb 10 2015 (HC)

Hari Ram Sharma and Others Vs. State of Rajasthan and Another

Court : Rajasthan Jodhpur

By the Court: This criminal misc. petition under section 482 CrPC has been filed on behalf of the petitioners with a prayer for quashing the FIR No.123/2011 dated 12.11.2011 of Women Police Station, Udaipur. The FIR has been registered at the instance of respondent No.2, who happened to be daughter-in-law of the petitioner Nos.1 and 2 and sister-in-law of petitioner No.4. The petitioner No.3 is the husband of petitioner No.4. In the FIR, the respondent No.2 has stated that her marriage was solemnized with Sunil Kumar (hereinafter referred to as 'accused No.1') son of petitioner Nos. 1 and 2 on 07.05.2004 in Udaipur. It is further stated in the FIR that at the time of marriage of the respondent No.2 with accused No.1, other accused-persons had informed that he is a Mechanical Engineer working in Delhi and earning a very handsome salary and on believing that statement of the accused-persons, the father of respondent No.2 gifted gold ornaments weighing 30 tolas worth Rs.8,00,000/- and oth...

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Feb 09 2015 (HC)

Darshana Gupta Vs. None and Another

Court : Rajasthan Jodhpur

P.K. Lohra, J. 1. This legal battle is unique wherein appellant is not pitted against any opponent much less formidable opponent. Appellant, Ms. Darshana Gupta, has laid this appeal under Section 52 of the Juvenile Justice (Care and Protection of Children) Act, 2000 (for short, Act of 2000) read with Order 43 Rule 1 of the Code of Civil Procedure, 1908 (for short, CPC) to assail the impugned order dated 18th December 2014, passed by learned District Judge, Udaipur (for short, 'learned Court below). 2. By the order impugned, endeavour made by the appellant in unison with proforma respondent Rajkiya Balika Garh/Visheshak Dattak Garhn Agency, Bal Adhikarita Vibhag, under Section 9 (4 and 5) of the Hindu Adoptions and Maintenance Act, 1956 (for short, Act of 1956) read with Section 41 of the Act of 2000, to adopt a minor girl, Priti, proved abortive inasmuch as the learned Court below declined her prayer by citing embargo envisaged in clause (ii) of Section 11 of the Act of 1956, under the...

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