Jala Ram v. State and Ors.
Case brief
What is this about?
In S.B. Criminal Misc. Pet. No. 3092/2014, the High Court of Rajasthan at Jodhpur allowed a petition challenging a final order under Section 482 CrPC. The court held that the High Court at Jaipur's jurisdiction over the eviction case had been duly exercised, and the petition was dismissed with costs.
What did the court decide?
The petition was allowed, the order of the High Court at Jaipur was recalled, and the relief of restoration was granted in favor of the petitioner.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
[2024:RJ-JD:1400]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Misc(Pet.) No. 3092/2014
Jala Ram S/o Sh. Sukha Ram, B/c Jatiya, Aged about 40 Years, R/o Tinwari, Tehsil Osian, District Jodhpur.
----Petitioner
Versus
- State of rajasthan through public prosecutor,
- Rana Ram S/o Sh. Mishri Lal, B/c Meghwal,
- Mohannath S/o Sh. Bhiknath, B/c Kalbeliya,
- Ahmed S/o Sh. Nizam Khan, B/c Musalman (Teli),
- Shakir S/o Sh. Ahmed, B/c Musalman (Teli) All R/o Village Tinwari, Tehsil Osian, District Jodhpur.
----Respondents
Issues for consideration
3 issues framed by the court
Whether the High Court of Rajasthan at Jodhpur can exercise jurisdiction under Section 482 CrPC to recall or sentence restoration in subsequent Recovery proceedings when the High Court of Jaipur has a
Whether Section 264 of the Rajasthan Tenancy Act, 1950 continued to apply for restoration proceedings after the High Court of Jaipur adjudicated eviction disputes in 2009.
Whether the concurrent hearing on eviction and restoration in the present proceedings was legally impermissible given prior jurisdictional decisions.
Parties & counsel
- petitioner
Jala Ram
- respondent
State of Rajasthan
- respondent
Rana Ram
- respondent
Mohannath
- respondent
Ahmed
- respondent
Case details
As recorded by the court registry
- Court
- Rajasthan HC
- Decided on
- · January
- Registered
- Case no.
- CRLMP/3092/2014
Similar cases
Judgements on the same questions, provisions and authorities, from every court